### SERVED: September 21, 2016 U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS WASHINGTON, DC

In The Matter Of: ) ) ) ) ) DocketNo. FAA-2013-1079 JETTECH, LLC Case No. 2012NM030058 Respondent


### PREHEARING CONFERENCEREPORT On September 20, 2016, the undersignedjudge held a prehearing conference in the above captioned case. Counsel for the Respondent attended the conference telephonically. Counsel for the Complainant failed to appear and therefore waived the right to participate inthe discussion of the following prehearing matters. 1. Discovery Discovery is complete. 2. Litigation Schedule The undersignedjudge and counsel for the Respondent agreed to the following schedule:
a. Prehearing motions 1. Any motions shall be filed by January 

### 15,2017. ii. Responses to prehearing motions shall be filed within 30 days ofthe service ofthe motion. 111. Ifargument is requested by a party, a telephonic conference for argument on prehearing motions will be held on March 6, 

### 2017. b. Complete witness and evidence lists shall be exchanged bythe parties and submitted to the undersignedjudge at least 30 days before the hearing.
c. Any subpoenarequests shall be submitted to the undersignedjudge at least 60 days before the hearing. d. Eachparty shall provide the undersignedjudge a CD containing digital copies of premarked versions ofall proposed exhibits at least 30 days before the hearing.
e. The parties may, during the course ofthe hearing, request the opportunity to submit •.!posthearing briefs pursuantto 14 C.F.R. § 13.231(c). 

### 3. HearingDate The parties shall keep 

### May 16-18,2017 open for a possible hearing. 

### 4. Substantive Issues a. The Amended Complaint appears deficient in that it fails to explainhow a civil penalty of$27,500 would be appropriate for commission ofsix violations, each of which the Complainant alleges carry a maximum civil penalty of$1, 100. 1 b. The Complainant will need to provide legal support for the contentionthat failure to perform the duties described in 14 C.F.R. § 43.5(b) and (c) constitute two separate violations for purposes ofassessing a civil penalty.
c. The Respondent shall file an Amended Answer ifthe Amended Complaint altered their response to the allegations contained inparagraph 9 ofthe original Complaint. d. To prove estoppel, the Respondent intends to put on evidence ofthe established
course ofconduct with otherrepairs performed by the Respondent inthe past. 

### 5. Settlement The undersignedjudge encourages the parties to continue to discuss possible settlement. Pursuantto 14 C.F.R. § 13.205(a)(6) and§ 13.217(d), IT IS 

### HEREBY ORDERED: 1. The Complainant must raise any objections to the·proposed litigation schedule no later than 

### October 6, 2016. Any filing ofobjections shall include a statement regarding the
cause ofthe Complainant's failure to appear at the prehearing conference. 2. The parties shall otherwise adhere to the litigation schedule described inparagraph 2.



# ::v~----

DOUGLAS M. RA WALD Administrative LawJudge
Attachment: Service List

1 See Amended Complaint at 5, paragraphs 2 and 3. See also Complaint at page 5, paragraphs 2 and 3.

### SERVICE LIST DocketNo. FAA-2013-1079 (Civil Penalty Action)



### ORIGINAL & 

### ONE COPY Federal Aviation Administration 800 Independence Avenue, S.W. Washington, DC 20591 Attention: Hearing Docket Clerk, AGC-430 Wilbur Wright Building-Suite 2W10002

### ONE COPY Michael L. Poindexter, Respondent's Counsel Law Offices ofMichael L. Poindexter 2132 Montane Drive E. Golden, CO 80401 TEL: 303-526-1980

**F~:** 303-526-1981 Kyle E. Lomazow, Complainant's Counsel Office ofRegional Counsel, NorthwestMountain Region, ANM-7 Federal AviationAdministration 1601 Lind Avenue, S.W. Renton, WA 98057 TEL: 425-227-1847 FAX: 425-227-1007 The Honorable Douglas M. Rawald,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 Service was byU.S. Mail. For service in person 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.