SERVED JUNE 10,2010 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, DC 

• " v 

IN THE MATTER OF 

FEDERAL EXPRESS, INC. 

FAA DOCKET NO. CP10SW0007 

(Civil Penalty Action) 

DMS No. FAA 2010-0533 

PROCEDURAL ORDER 

In order to expedite the hearing in this matter,' the parties shall comply with the 

Procedural Schedule set forth hereinbelow.^ The Rules of Practice for this proceeding 

are set forth in 14 C.F.R. Part 13, Subpart G, of the Federal Aviation Regulations. 

Those rules provide, inter alia, that the Respondent must file a written Answer or motion 

within thirty (30) days after service of the 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 of each allegation in the Complaint 

(§13.209(1)), and that, absent agreement of the 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, 14CFRS 13.209(6) 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 

of the complaint. Any statement or allegation contained in the complaint that is 

not specifically denied in the answer may be deemed an admission of the truth of 

that allegation. A general denial of the complaint is deemed a failure to file an 

answer. 

• ilATlOr 

' 14 C.F.R. § 13.221 states: "The administrative law judge shall give each party at least 60 days notice of 

the date, time and location of the hearing." 

^ Further amendments of the pleadings will not be anticipated absent good cause shown. While 14 C.F.R. § 

13.214(b)(1) permits amendments at any time more than 15 days before a hearing, utilization of that 

provision would prevent orderly preparation for a hearing and could prevent any hearing at all, since notice 

of a hearing must be given 60 days in advance. 14 C.F.R. § 13.221(a). An amendment which might be filed 

15 days prior to the hearing would entitle the other party up to 20 days in which to reply (14 C.F.R. § 

13.214(c)), and could generate a new round of schedules (14 C.F.R. § 13.217), motions (14 C.F.R. § 

13.218), and discovery (14 C.F.R. § 13.220), necessitating a postponement of the hearing, a new 60-day 

notice, et cetera ad infinitum. 
Under FAA Order 2150.3 A and the Rules governing these proceedings, the 

Agency attorney and the Respondent should continue to consider the possibility of 

settlement and compromise of this matter."' Compromise may be effected with or 

without a finding of violation (14 C.F.R. ^13.16 (n) (1)). 

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, serve discovery on the 

undersigned. 

WHEREFORE, the parties be and are hereby ORDERED to adhere to the 

following procedural schedule: 

1. Venue shall be Dallas, TX.; 

2. On or before September 1,2010, the parties shall conclude all discovery 

including, but not limited to, depositions, document production, responses to 

production requests and/or interrogatories. If the parties cannot resolve 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 be prepared to present this 

case at a hearing on the merits on or after September 1,2010'*, subject to the 

availability of courtroom facilities. 

4. The parties 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 

brief fifteen (15) days after receipt of the transcript; Respondent shall its 

brief fifteen (15) days thereafter; and any rebuttal brief by 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,^ IS RECEIVED BY 

THE PRESIDING JUDGE.^ 

^ See Linda Joyce Goodman. FAA Docket No. CP89WP0061, Order dated May 30, 1989. 

* 14 C.F.R. § 13.221 states: "The administrative law judge shall give each party at least 60 days notice of 

the date, time and location of the hearing." 

14 C.F.R. § 13.215 states: At any time before or during a hearing, an agency attorney may withdraw a 

complaint or party may withdraw a request for a hearing without the consent of the administrative law 

judge. If an agency attorney withdraws the complaint or a party withdraws the request for a hearing and the 

answer, the administrative law judge shall dismiss the proceedings under this subpart with prejudice. 

^ See: In the Matter of Lewis Drake & Associates. FAA Docket No. CP03SO0045, DMS. No. FAA-2003-

16379, "Order Terminating Proceeding", 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 of Robert Harris FAA Docket No. CP03EA0001. DMS No. FAA-2002-14236., Orders 
il 

il 6. THE PARTIES ARE ADVISED THAT SUBMISSIONS SENT TO THE 

|| STREET ADDRESS OF THE U.S. DEPARTMENT OF 

if TRANSPORTATION, OFFICE OF HEARINGS, MAY BE DELAYED IN 

\'l DELIVERY DUE TO SCREENING CONDUCTED AT THE LOCAL U.S. 

tl POST OFFICE BULK MAIL FACILITY AND MAY TAKE UP TO FOUR 

!'• ( 

WEEKS TO ARRIVE BY REGULAR MAIL. IN ADDITION, 

SUBMISSIONS MAY BE "IRRADIATED" AT THE FACILITY, WHICH 

AFFECTS THE QUALITY OF THE SUBMISSION. THE PARTIES ARE 

ENCOURAGED, BUT NOT REQUIRED, TO FAX OR EXPRESS 

CARRIER PLEADINGS AND/OR OTHER SUBMISSIONS. THE 

CERTIFICATE OF SERVICE SHALL REFLECT THE MANNER OF 

SERVICE. ALL PLEADINGS SHALL INCLUDE TELEPHONE 

NUMBERS WHERE THE PARTIES CAN BE REACHED. 

^. GS6dvWr^ 

U.S. Administrative Law Judge 

Attachment - Service List 

dated October 18, 2004 and October 27, 2004. USAIR. Inc.. FAA Docket CP90NE0359. Trans World 

Airlines. Inc.. FAA Dockets CP90GL0Q85. CP90CE0110. CP90CE0114. CP90CE0134. Order of 

Administrative Law Judge Burton S. Kolko, served April 8, 1992, p. 2. See "Order Dismissing 

Complainant's Appeal". In The Matter of Robert Harris. FAA Docket No. CP03EA0001. DMS No. FAA2005-14, August 15,2005. 
i 

FAA Docket No. CP10SW0007 

(Civil Penalty Action) 

SERVICE LIST 

ORIGINAL & ONE COPY 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Washington, DC 20591 

Attention: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building—Suite 2W1000' 

ONE COPY 

Courtney E. Felts, Respondent's Counsel 

Staff Attorney, Federal Express, Inc. 

3620 Hacks Cross Road 

Building B, 3"* Floor 

Memphis, TN 38125-8800 

TEL: 901-434-8632 

FAX: 901-434-8283 

Ellyn Ponton, Complainant's Counsel 

Agency Attorney, Office of Regional Counsel 

Southwest Region, ASW-7G5 

Federal Aviation Administration 

2601 Meacham Boulevard 

Fort Worth, TX 76137-4298 

TEL: 817-222-5089 

FAX: 817-222-5945/5092 

The Honorable Richard C. Goodwin, Administrative Law Judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

1200 New Jersey Avenue, S.E. 

East Building Ground Floor, Room El2-320 

Washington, DC 20590 

TEL: 202-366-2139 Attorney-Advisor 

202-366-5121 Legal Assistant 

FAX: 202-366-7536 

' Service was by U.S. Mail. For service in person or by expedited courier, use the following address: Federal 

Aviation Administration, 600 Independence Avenue, S.W., Wilbur Wright Building^Suite 2W1000, Washington, 

DC 20591; Attention: Hearing Docket Clerk, AGC-430.