SERVED SEPTEMBER 6, 2011 v.RtMEr!IOl:, 

U.S. DEPARTMENT OF TRANSPORTATION ; 1-] OPERA'ilUi!:'' 

OFFICE OF HEARINGS 

WASHINGTON, DC i^ -'-^- 1 A ^ 2\ 

IN THE MATTER OF 

CONTINENTAL AIRLINES, INC. 

FAA DOCKET NO. CPl 1SWOOOO 

(Civil Penalty Action) 

FDMS NO. FAA-2011- 0777 

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(f)), 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, 14CFR$ 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, 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. 

Under FAA Order 2150.3B and the Rules governing these proceedings, the 

Agency attorney and the Respondent are encouraged to consider the possibility of 

' Materials filed in the FAA Hearing Docket (except for materials filed in security cases) are also available 

for viewing at http://www. regulations, gov. 

^ The Administrator's civil penalty decisions, along with indexes of the decisions, the Rules of Practice, as 

well as other materials relating to civil penalty cases, are available on the internet at: 

http://www.faa.gov/about/office_org/headquarters_offices/agc/pol adjudication/agc400/cml_penalty/; see 

also: http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&tpl=/ecfrbrowse/TitleI4/14tab_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. 

1 
^:":-stJ^:^s^^^;^^^v-::^-:^j^^-^- •"'T " tw^'jR" ^ -"farf '• 

'> :^mvfi? f'' 

settlement and compromise of this mattef^; 

without a finding of violation (14 C.F.R.^ 

NOTE: This presiding Judge do ^ 

Judge. Other Judges have different poli 

undersigned presiding Judge the parties 

undersigned. 

1 ^ be effected vwth or 

•!]^«>ayery" to be served on the 

9s Has case is assign&Jltothi 

l^e^uired, serve discov«*y oa the 

'.C.Jd'r-'.Wr 

The judge will not discuss the case 

parte basis. If a party has a non-substai^^ 

judge's attorney-advisor, Mr. Ira Leibow^PtJ 

Administrative matters may be addressed tb 

[202-366-5121] (Patricia.Matthews(@dotJ#i^''Jt 

WHEREFORE, the parties be and iB«< 

following procedural schedule: 

1. Venue shall be Houston, TX.; 

2. On or before November 4,2011, 

including, but not limited to, d( 

production requests and/or in1 

discovery dispute they shall sulsilt 

in a timely manner; 

3. NOTICE IS HEREBY GIVEN ft«f^ 

at a hearing on or after November 4, 

courtroom facilities. 

or its representative on an gx 

they should wntmt the 

.>«2l«o«t Assistant, Pat Milfee ^ 

OIQ^RED to adhere to the 

% 

it'Ji i 

l|MKjhKle aU dis<S)VC^'f' 

^i»oductiwii^j^^^§^ 

;es canndtreMv« 

undersi£ 

>|iiefared to^ pr^^ait 

the availi^il^ dl 

t-'(.V 

•'iir-:>""t: 

The parties will have the op] 

pursiuint to a schedule to be 

following schedule is typically 

days after receipt of the transedj 

thCTeafter; and any rebuttal brief 

days thereafter. 

^/^ • f 

Foi* 

l^ffleiis^%a^i 

j brief fifti#rt^ 

shaU be 

' See Linda J^yce Gpot^pi^. FAA Docket No. 

* "The public policy of fiivoring and encouragmg 

settlement negotiations in order to foster frank 

(856 F. 24 652,26 Fed. R. Evid. S&cv. 1225. 

Incorporated v Structural Concrete Equq)menL 

§266 (6th led); Rule 68 of the F^d^sl Rules 

Evidence ".. .i«t)hibits the admissttm of 

Africa Air Corporation, FAA Qrcfca- No. 99-5). 

settlement d^ussions is as compelling in FAAJ 

its guidance will be followed in these proceed*^' 

^ 14 C.FA.;§ 13.221 states: "The 

the date, time and location of the hearing." 

V 

'% 

2 ( 
/ 

5. Settled cases will not be removed from tlie hearing docket until the proper 

written pleading( 

presiding judge.' 

written pleading(s), consistent with the applicable rules, is received by the 

6. The parties are advised that submissions sent to the street address of the U.S. 

Department of Transportation, Office of Hearings, 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 of submissions. The parties are 

encouraged, but not required, to file submissions by private delivery service, 

facsimile, or email. The certificate of service shall reflect the manner of service. 

U.S. Administrative Law Judge 

Attachment - Service List 

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; citmg 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 

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

Airiines. Inc.. FAA Dockets CP90GL0085. 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. 
FDMS NO. FAA-2011-0777 

(Civil Penalty Action) 

SERVlGELIST 

ORIGINAI. i^ <lil£ COPY 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Washington, DC 20591 

Attention: Hearing Docket Clerk, AGC-430, » 

Wilbur Wright Building—Suite 2mO(X)' 

ONE COPY 

Thomas Newton Boiling, Respondent's CounSei 

Vice President and Associate General Coifl^tssS; 

United Airlines and Continental Airlines, Inc.,Hg^xmc^nt 

77 W. Wacker Drive-16* Floor 

Chicago, IL 60601 

TEL: 312-997-8068 

FAX: 312-997-8068 

Tim Duff, Complainant's Counsel 

Attorney, Office of Regional Counsel, ASW-7 

Southwest Region 

Federal Aviation Administration 

2601 Meacham Blvd. 

Ft. Worth, TX 76193-0007 

TEL 817-222-5099 

FAX 817-222-5945/5092 

The Honorable Richard C. Goodwin, AdministreOive Law Judge 

U.S. Department of Transportation 

Office of Hearings, M-20, 

1200 New Jersey Avenue, S.E. 

Washington, DC 20590 ^ - '» 

TEL: Attorney-Advisor 202-366-2139 ^ <-^^ ^ 

Legal Assistant 202-366-5121 ^ ' 

FAX: 202-366-7536 ' " :!' 

* Service was by U.S. Mail. For service in peFS(»<»-]bgrj||i^p(i' FedenA 

Aviation Administration, 600 Independence Aveoue, S;#i^Mbiir Wrigjit Building—Suite 2Wi000, Washington, 

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