### SERVED: FEBRUARY 22, 2013

U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS

WASHINGTON, DC
IN THE MATTER OF AERO-WELD, 

### INC
.. FAADOCKET NO. [TO BE ASSIGNED] (Civil Penalty Action) FDMS NO. FAA-2012- 0909

PROCEDURAL ORDER**~:.J**

### l J 

## F**1~. ~1'**  ·_7 _r_.-_ .•

In orderto expedite the hearing in this 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.F.R. Part 13, Subpart G, ofthe Federal Aviation Regulations2

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

### § 13.209(a)), that a general denial is deemed a failure to file an Answer(§ 13.209(e)), that failure to file an Answer without good cause is deemed an admission ofeach allegation in the Complaint · (§13.209(£)), 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, 

### J.1
..C.F.R
__**§_J),_~Q2**

### ..**(~)** states: A person filing an answer shall admit, deny, or state that the person is without sufficient knowledge or information to admit or deny, each numbered paragraph ofthe complaint. Any statement or allegation contained in the complaint that is not specifically denied in the answer may be deemed an admission ofthe truth of

1 Materials filed inthe FAA Hearing Docket (except for materials which are sealed) also available for viewing ath!J.R.l!..'>J.'!!.JY..:.r.?..gy_k!..tL9..1J§
. .gQy:.. For additional information see: !J..!fJ?..:!I.dr!!§_,d_q_f:gq_y. /-""·"

2 The Administrator's civil penalty decisions, along with indexes ofthe decisions, theRules ofPractice, as well as other materials relatingto civil penalty cases, are available onthe internet at: http://www.faa.gov/aboutloffice
_org/headquarters _offices/age/pol_adjudicationlagc400/civil _penalty!; see also: http://ecfr.gpoaccess.gov/cgilt/textltext-idx?c=ecfr&tpl=lecfrbrowsell'itle14114tab
_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. Foradditional information, see the Web site. 1

# ..

. v 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 encouraged to consider the possibility of settlement and compromise ofthis matter. 3 Compromise may be effected with or without a finding ofviolation 

## (J4
__C.J':J3.,,
__§.lJJ9.
__(n)__(l)). NOTE: This presiding Judge does not require "Discovery" 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. Thejudge willnot discuss the case with any party, or representative on an ex partebasis. Ifa party has a non-substantive matterto discuss, they should contact Mr. IraLeibowitz, Attorney/Advisor (202) 366-2139 (Ira.Leibowitz@dot.gov). Administrative matters may be addressed to StaffAssistant, Pat Matthews [202-366- 5121]**(P._a.!fi\{_i_~t_Mfl:ttb.~F~_@d.QtgQY.).** WHEREFORE, the parties be and are hereby ORDERED to adhere to the following procedural schedule: 1. Venue shall be San Antonio, TX.; 2. On orbefore April22, 2013, 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 submit the dispute to the undersigned for resolution in a timely manner; 3.. The parties shall be prepared to present this case at a hearing on or after April 22, 2013 4
, subject to the availability ofcourtroom facilities. The specific date and time for the hearing will be forthcoming in a separate Order. 4. Theparties will have the opportunity to 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

3 "Thepublic policy offavoring and encouraging settlement makes necessary the inadmissibility of settlement negotiations in order to foster frank discussions". Fiberglass Insulators, Inc. v Dupuy, 856 F. 2d 652, 653 (4 Cir. 1988); Wright & Graham, FederalPractice andProcedure: Evidence, §5302 (1980). Rule 408 ofthe Federal Rules ofEvidence excludes from evidence all statements made inthe course of settlementnegotiations. 4 14 C.F.R. § 13.221 states: "The administrative lawjudge shall give each party at least 60 days notice of the date, time and location ofthe hearing." Ifthe parties can agree on tentative hearing dates, they are encouragedto discuss those dates with Mr. Leibowitz and/or Ms. Matthews in orderto getthe dates reserved onthejudge's calendar. 2'•



### 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, 5 

### is received by the presiding . d 6 JU 

### ge.. 6. The parties are advised that submissions sent to the street address oftheU.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 by private delivery service, facsimile, or email. The certificate ofservice shall reflect the manner ofservice. The parties are encouraged to provide email addresses to expedite service of pleadings.

Richard C. Goodwin U.S. Administrative La':" Judge. Attachment

- Service List

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 tmderthis subpart with prejudice."

. 6 See: Inthe Matter ofLewis Drake & Associates, FAA Docket No. CP03S00045, DMS. No. FAA-2003-

16379, "OrderTerminatingProceeding", served February 26, 2005; citingKerry James Eldridge, FAA Docket CP89GL0458, "Order Canceling Hearing andTerminating Proceeding", served January 16, 1991, at 1. 3

### Federal Aviation Administration 800 Independence Avenue, S.W. Washington, DC 20591 SERVICE LIST ORIGINAL & ONE COPY



### Attention: Hearing Docket Clerk, AGC-430 Wilbur Wright Building- Suite 2W10004 ONE COPY 

### JeffreyS. Ruth, Respondent'sRepresentative 

### Aero-Weld, Inc., Respondent 

### 433 Breesport San Antonio, TX 78216 TEL: 210-590-7888 FAX: 210-366-2618 Yolanda Ayala Bernal, Complainant's Counsel 

### Office ofthe Regional Counsel Southwest Region Federal Aviation Administration 2601 Meacham Blvd., Room 663 Fort Worth, TX 76193-0007 TEL: 817-222-5070 FAX: 817-222-5945/5092 FDMS No. FAA-2012-0909 (Civil Penalty Action)

The Honorable Ronnie A 

### Yoder, Chief Administrative LawJudge 

### U.S. Department ofTransportation Office ofHearings, M-20 1200 New Jersey Avenue, S.E. (E11-310) Washington, DC 20590 TEL: 202-366-2142 FAX: 202-366-7536

4 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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