SERVED: September 21, 2016 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, DC 

In The Matter Of: ) 

) 

) 

) 

) 

Docket No. FAA-2013-1079 

JETTECH, LLC 

Case No. 2012NM030058 

Respondent 

PREHEARING CONFERENCE REPORT 

On September 20, 2016, the undersigned judge 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 in the discussion of 

the following prehearing matters. 

1. Discovery 

Discovery is complete. 

2. Litigation Schedule 

The undersigned judge 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 of the service 

of the motion. 

111. If argument 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 by the parties and submitted 

to the undersigned judge at least 30 days before the hearing. 

c. Any subpoena requests shall be submitted to the undersigned judge at least 60 days 

before the hearing. 

d. Each party shall provide the undersigned judge a CD containing digital copies of 

premarked versions of all proposed exhibits at least 30 days before the hearing. 

e. The parties may, during the course of the hearing, request the opportunity to submit 

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posthearing briefs pursuant to 14 C.F .R. § 13.231 (c). 

3. Hearing Date 

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 explain how a civil 

penalty of $27,500 would be appropriate for commission of six 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 contention that failure to 

perform the duties described in 14 C.F.R. § 43.5(b) and (c) constitute two separate 

violations for purposes of assessing a civil penalty. 

c. The Respondent shall file an Amended Answer if the Amended Complaint altered 

their response to the allegations contained in paragraph 9 of the original Complaint. 

d. To prove estoppel, the Respondent intends to put on evidence of the established 

course of conduct with other repairs performed by the Respondent in the past. 

5. Settlement 

The undersigned judge encourages the parties to continue to discuss possible settlement. 

Pursuant to 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 of objections shall include a statement regarding the 

cause of the Complainant's failure to appear at the prehearing conference. 

2. The parties shall otherwise adhere to the litigation schedule described in paragraph 2. 

::v~---- DOUGLAS M. RA WALD 

Administrative Law Judge 

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 

Docket No. 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 2W1 0002 

ONE COPY 

Michael L. Poindexter, Respondent's Counsel 

Law Offices of Michael L. Poindexter 

2132 Montane Drive E. 

Golden, CO 80401 

TEL: 303-526-1980 

F~: 303-526-1981 

Kyle E. Lomazow, Complainant's Counsel 

Office of Regional Counsel, Northwest Mountain Region, ANM-7 

Federal Aviation Administration 

1601 Lind Avenue, S.W. 

Renton, W A 98057 

TEL: 425-227-1847 

FAX: 425-227-1007 

The Honorable Douglas M. Rawald, Administrative Law Judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

1200 New Jersey Avenue, S.E. (E11-310) 

Washington, DC 20590 

TEL: 202-366-5121 Staff Assistant 

FAX: 202-366-7536 

2 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 2Wl000, Washington, 

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