### SERVED: 

## JUNE 29,2012

U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS

WASHINGTON, DC

IN THE MATTER OF CORNERSTONE AVIATION, INC. FAA DOCKETNO. [TO BEASSIGNED] (Civil Penalty Action) FDMS NO. FAA-2011- 1293

PROCEDURAL ORDER In orderto expedite the hearing inthis matter, the parties shall comply with the Procedural Schedule set forth hereinbelow 1• 

### The Rules ofPractice for this proceeding are set forth in 14 C.P.R. 

### Part 13, Subpart G, ofthe Federal Aviation Regulations2

. 

### Those rules provide, inter alia, that the Respondent must file a written Answer or motion within thirty (30) days after service ofthe Complaint (14 C.P.R. 

### § 

### 13.209(a)), that a general denial is deemed a failure to file anAnswer(§ 13.209(e)), that failure to file an Answer without good cause is deemed an admission ofeach allegation inthe Complaint (§13.209(f)), and that, absent agreement ofthe parties, a party seeking an extension of time must file a written motion not less than seven (7) 

### days before the document is due, absent good cause shown(§ 13.213(a) and (b)). '• 

### More specifically, 14 CFR § 

### 13.209 (e) states: A person filing an answer shall admit, deny, or state that the person is without sufficient knowledge or information to admit or deny, eachnumberedparagraph ofthe complaint. Any statement or allegation contained in the complaint that is not specifically denied in the answer may bedeemed an admission ofthetruth of that allegation. A general denial ofthe complaint is deemed a failure to file an answer. Under FAA Order 2150.3B and the Rules governing these proceedings, the Agency attorney and the Respondent are encouragedto consider the possibility of

1 Materials filed in the FAA Hearing Docket (except for materials filed in security cases) are also available for viewing athttp://www.regulations.gov. 2 The Administrator's civil penalty decisions, along with indexes ofthe decisions, the Rules ofPractice, as well as other materials relating to civil penalty cases, are available on the internet at: http://www.faa.gov/ about/office_ orglheadquarters _offices/ age/pol_ adjudication/ agc400/civil _penalty/; see also: http:llecfr.gpoaccess.govlcgilt/textltext-idx?c=ecfr&tpl=!ecfrbrowse/Titlel4/14tab

_02.tpl. In addition, Thomson Reuters/West Publishing publishes Federal Aviation Decisions. Finally, the decisions are available through LEXIS (TRANS library) and WestLaw 9FTRAN-FAA database). For additional information, see the Web site. 1settlement and compromise ofthis matter.3 Compromise may be effected with or without a finding ofviolation (14 C.P.R. §13.16 (n) (1)). 

### NOTE: This presidingJudge does not require "Discovery" to be served on the Judge. OtherJudges have different policies, but as long as this case is assigned to the undersignedpresiding Judge the parties may, but are notrequired, serve discovery onthe undersigned. Thejudge will not discuss the case with any·party, orits representative on an ex parte basis. Ifa party has a non-substantive matterto discuss, they should contact the judge's attorney-advisor, Mr. Ira Leibowitz at (202) 366-2139 (Ira.Leibowitz@dot.gov). Administrative matters maybe addressed to thejudge's, Legal Assistant, PatMatthews [202-366-5121] (Patricia.Matthews@dot.gov ). WHEREFORE, the parties be and are hereby ORDERED to adhere to the following procedural schedule: 1. Venue shall be Salt Lake City, UT.; 2. On orbefore September 7, 2012, the parties shall conclude alldiscovery including, but not limited to, depositions, documentproduction, responses to production requests and/or interrogatories. Ifthe parties cannotresolve a discovery dispute they shall.submit the dispute to the undersigned for resolution in a timely manner; 3. NOTICE IS HEREBY GIVEN the parties shall bepreparedto present this case at a hearing on or after September 7, 20124

, subject to the availability of courtroom facilities. ·· 4. The parties will have the opportunity to file Post-Hearing briefs and arguments pursuantto a schedule to be determined at the hearing. For guidance, the following schedule is typically used: Complainant shall file its brieffifteen 

### (15) days after receipt otthetranscript; Respondent shall its brieffifteen·fl-5) days thereafter; and any rebuttal briefbythe Complainant shall be filed seven (7) days thereafter. 

### 5. Settled cases will not be removed from the hearing docket until theproper writtenpleading(s), consistent with the applicable rules,5 is received by the presidingjudge.6

3 See LindaJoyce Goodman, FAA DocketNo. CP89WP0061, Order dated May 30, 1989. 4 14 C.F.R. § 13.221 states: "The administrative lawjudge shall give eachparty at least 60 days notice of the date, time and location ofthe hearing." 5 14 C.F.R. § 13.215 states: At any time before or during a hearing, an agency attorney may withdraw a complaint orparty may withdraw a request for a hearing without the consent ofthe administrative law judge. Ifan agency attorney withdraws the complaint or a party withdraws the request for a hearing and the answer, the administrative lawjudge shall dismiss the proceedings under this subpart with prejudice. 2

### 6. Theparties are advised that submissions sent to the street address ofthe U.S.· Department ofTransportation, Office ofHearings, may be delayed due to screening conducted by the U.S. Postal Service and/or other security agencies and may take up to four (4) weeks to be delivered. Additionally, submissions may be "irradiated", which affects the quality ofsubmissions. The parties are encouraged, but not required, to file submissions byprivate delivery service, facsimile, or email. The certificate ofservice shall reflect the manner ofservice.

-l..-4-itiic:;nard C. Goodwin U.S. Administrative LawJudge Attachment

- Service List

6 See: In the Matter ofLewis Drake & Associates, FAA DocketNo. CP03S00045, DMS. No. FAA-2003- 16379, "OrderTerminatingProceeding", served February 26, 2005; citing Kerry James Eldridge, FAA Docket CP89GL0458, "Order Canceling Hearing and Terminating Proceeding", served January 16, 1991, at 1; In The Matter ofRobert Harris FAA DocketNo. CP03EA0001. DMS No. FAA-2002-14236., Orders dated October 18,2004 and October 27,2004. USAIR, Inc., FAA Docket CP90NE0359, Trans World Airlines, Inc., FAA Dockets CP90GL0085, CP90CE0110, CP90CE0114, CP90CE0134, Order of Administrative Law Judge Burton S.Kolko, served AprilS, 1992, p. 2. See "Order Dismissing Complainant's Appeal". In The Matter ofRobert Harris, FAA DocketNo. CP03EA0001. DMS No. FAA2005-14, August 15,2005. 

### 3

### SERVICE LIST ORIGINAL & ONE COPY 

### Federal Aviation Administration 800 Independence Avenue, S.W. Washington, DC 20591 Attention: HearingDocket Clerk, AGC-430 Wilbur Wright Building-Suite 2W1000 1 

### ONE COPY 

### Susan J. Horstman, ChiefExecutive Officer Cornerstone Aviation, Inc., Respondent 

### 337 North 2370 West #130 SaltLake City, UT 84116 TEL: 801-355-2244 FAJ(: 801-355-2754 Jeffrey M. Harper, Complainant's Counsel 

### Attorney, Office ofthe Regional Counsel Northwest MountainRegion, ANM-7 Federal Aviation Administration 1601 Lind Avenue, S.W. Renton, W A 98057 TEL: 425-227-2161 FAJ(: 425-227-1007 The Honorable Richard C. Goodwin,

AdministrativeLawJudge 

### Office ofHearings, M:-20 U.S. Department ofTransportation 1200 New Jersey Avenue, S.E. (Ell-310) Washington, DC 20590 TEL: 202-366-2139 Attorney-Advisor 202-366-5121 StaffAssistant FAJ(: 202-366-7536 FDMS No. FAA-2011-1293 (CivilPenalty Action)

'•

1 Service was by U.S. Mail. For service inperson orby expedited courier, use the following address: Federal Aviation Administration, 600 Independence Avenue, S.W., Wilbur Wright Building-Suite 2Wl000, Washington, DC 20591; Attention: Hearing Docket Clerk, AGC-430.



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