### SERVED: AUGUST 1, 2014 U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS

WASHINGTON, DC
IN THE MATTER OF LARRYW. SCHWIE DOCKETNO. FMCSA-2011

- 0027 (Federal Motor Carrier Safety Administration)

ERRATA ;**~-----** ;

The Procedural Order served July 29, 2014, was served using an incorrect service list. A copy ofthe original Procedural Order with a corrected service list is attached.

Richard C. Goodwin Administrative LawJudge Attachments-Procedural Order, Service List 1 ; •

: l·.-.SERVICE LIST ORIGINAL & ONE COPY U.S. Department ofTransportation Docket Operations, M-30 West Building Ground Floor Room W12-140 1200 NewJersey Avenue, S.E. Washington, DC 20590 ONE COPY Larry W. Schwie, Respondent N2239 County Highway JJ Stockholm, WI 54769 Larry W. Schwie, Respondent 5292 Ashar Drive Bloomington, MN 55437 PeterHines, Complainant's Counsel Office ofChiefCounsel (MC-CCE) Federal Motor Carrier Safety Administration Midwestern Service Center 4749 Lincoln Mall Drive, Suite 300 Matteson, IL 60443 TEL: 708-283-3568 FAX: 708-283-2319 The Honorable Richard C. Goodwin,Administrative LawJudge Office ofHearings, M-20 U.S. Department ofTransportation 1200 NewJersey Avenue, S.E. (E11-310) Washington, DC 20590 TEL: 202-366-5121 StaffAssistant FAX: 202-366-7536

2 DocketNo. FMCSA-2011-0027

### SERVED: JULY 29, 2014

U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS

WASHINGTON, DC
IN THE MATTER OF LARRYW. SCHWIE DOCKETNO. FMCSA-2011- 0027 (Federal Motor Carrier Safety Administration)
PROCEDURAL ORDER In order to expedite the hearing in this matter the parties shall comply with the Procedural Schedule set forth hereinbelow. The parties are encouraged to continue settlementnegotiations 1• The Rules ofPractice for this proceeding are set forth in 49 C.F.R. Part 386, Subpart D, ofthe Federal Motor Carrier Safety Administration Regulations2

. NOTE: This presiding Judge does not require "Discovery" to be served on the Judge. Other Judges have different policies, but as long as this case is assigned to the undersigned presiding Judge the parties may, but are not required to, serve discovery on the undersigned. Thejudgewill not discuss the case with any party, or representative on an ex parte basis. WHEREFORE, the parties be and are hereby ORDERED to adhere to the following procedural schedule:

1 "The public policy offavoring and encouraging settlement makes necessary the inadmissibility of settlementnegotiations in order to foster frank discussions". Fiberglass Insulators, Inc. v Dupuy, 856 F. 2d 652, 653 ( 4 Cir. I988); Wright & Graham, FederalPractice andProcedure: Evidence, §5302 (1980). Rule 408 ofthe Federal Rules ofEvidence excludes from evidence all statements made in the course of settlement negotiations. 2 The Rules ofPractice, as well as other materials relating to civil penalty cases, are available on the internet at: http://www.(mesa.dot. govlrules

- regulations/administrationl[mcsrl(mcsrguide.aspx?section tvpe=A; see also: http:1 lwww.fmcsa.dot.gov/rules-regulations/ administration/fmcsr/FmcsrGuideDetails.as px?menukey=3 86.1. Venue shall be St. Paul, MN.; 2. On or before November 1, 2014, the parties shall conclude all discovery including, but not limited to, depositions, document production, responses to production requests and/or interrogatories. Ifthe parties cannot resolve a discovery dispute they shall submitthe dispute to the undersigned for resolution in a timely manner; 3. The parties shall be prepared to presentthis case at a hearing on or after November 1, 2014, subjectto the availability ofcourtroom facilities. The specific date and time for the hearing will be forthcoming in a separate Order. 4. The parties will have the opportunityto file Post-Hearing briefs and arguments pursuant to 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 ofthe transcript; Respondent shall its brieffifteen (15) days thereafter; and any rebuttal briefby the Complainant shall be filed seven (7) days thereafter. 5. Settled cases will not be removed from the hearing docket until the proper written pleading(s), consistent with the applicable rules,3 is received bythe presiding judge. 6. The parties are advised that submissions sent to the street address ofthe U.S. Department ofTransportation, Office ofHearings, may be delayed due to screening conductedby 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 by private delivery service, facsimile, or email. The certificate ofservice shall reflect the manner ofservice. The parties are encouraged to provide email addresses in order to expedite service ofpleadings. 7. All documents are to be submittedto the undersigned as follows:

3 49 C.F.R. § 386.22 governs settlement agreements and their contents. 49 C.F.R. § 386.51 (b) provides: "A party may withdraw his/her pleading any time more than 15 days prior to the hearing by serving a notice ofwithdrawal on the Assistant Administrator or the Administrative Law Judge. Within 15 days prior to the hearing a withdrawal may be made only at the discretion ofthe Assistant Administrator or the Administrative Law Judge. The withdrawal will be granted absent a finding that the withdrawal will result in injustice, prejudice, or irreparable harm to the non-moving party, or is otherwise contrary to the public interest.HON. Richard C. Goodwin U.S. Administrative Law Judge Office ofHearings, M-20 U.S. Department ofTransportation 1200 NewJersey Avenue, S.E. (Ell-310) Washington, D.C. 20590 Attn: PatriciaMatthews
Administrative matters should be directed to PatriciaMatthews, StaffAssistant (202) 366-5121 at (Patricia.Matthews@dot.gov). The Judge's email is (Richard.Goodwin@dot.gov). All othermatters should be addressed in writing/email to Judge Goodwin.

Richard C. Goodwin U.S. Administrative Law Judge Attachment

- Service ListSERVICE LIST ORIGINAL & ONE COPY U.S. Department ofTransportation Docket Operations, M-30 West Building Ground Floor Room W12-140 1200 NewJersey Avenue, S.E. Washington, DC 20590 ONE COPY Larry W. Schwie, Respondent N2239 County Highway 

### JJ Stockholm, WI 54769 Larry W. Schwie, Respondent 5292 Ashar Drive Bloomington, MN 55437 Peter Hines, Complainant's Counsel Office ofChiefCounsel (MC-CCE) Federal Motor Carrier Safety Administration Midwestern Service Center 4749 Lincoln Mall Drive, Suite 300 Matteson, IL 60443 TEL: 708-283-3568 FAX: 708-283-2319 The Honorable Richard C. Goodwin,AdministrativeLawJudge Office ofHearings, M-20 U.S. Department ofTransportation 1200 NewJersey Avenue, S.E. (E11-310) Washington, DC 20590 TEL: 202-366-5121 StaffAssistant FAX: 202-366-7536

2 Docket No. FMCSA-2011-0027