SERVED: JANUARY 5, 20 U 

U.S. DEPARTMENT OF TRANSPORTATION •• .^••pVrr'^Vnpn'^^^^^^^ 

OFFICE OF HEARINGS ---.L. JrrJv\MUi'l^ 

WASHINGTON, DC ?0!Z JAN - b P 1:3 9 

IN THE MATTER o r 

NU FASHION BEAUTY SUPPLY DISTRFBLTORS \ 

FAA DOCKET NO. [TO BE ASSIGNED] 

(Civil Penalty Action) 

FDMSNO. FAA-201i-lI23 

PROCEDURAL ORDER 

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

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

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

Under F"AA 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 of this matter.' Compromise may be effected with or 

without a finding of violation (14C.F.R. §13.16(n)fny 

NOTE: This presiding Judge does not require "Discovery" to be served on (he 

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. 

The judge will not discuss the case with any party, or its representative on an ex 

parte basis. If a party has a-non-substantive matter to discuss, they should contact the 

' Materials filed in the FAA Hearing Docket (except for materials filed in security case.s) arc also available 

for viewing at hnp://www.regulali()ns.sov-

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

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

hiip://\\'w\\\faa.g(n>/aboui/oj}icej)rg/heaclquarters_offices/iigc/polj.idjiidicalion/a^c400/civi see 

also: htip://ecfr.gpoaccess.gov/cgi/l/iex{/tex!-i(h?c=ecfr&ipl=/ecfrbro\\'se/TitleN/}4iab_02.ipl. In 

addition, Thomson Reuters/Wesl Publishing publishes Federal Aviation Decisions. Finally, the decisious 

are available through LEXIS (TRANS library) and Westlaw 9FTRAN-FAA database). For additional 

information, sec the Web site. 

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

•* "The public policy of favoring and encouraging settlement makes necessary the inadmissibility of 

settlement negotiations in order to foster frank discussions".- (Fiberglass Insulators, Inc. v Dupuy. et al. 

(856 F. 2d 652, 26 Fed. R. Evid. Serv. 1225, 1988. See also Coakley & Williams Construction, 

Incorporated v Structural Concrete Equipment, Incorporated, 973 F.2d 349, 1992; 2 McCormick on Evid. 

§266 (6th cd.); Rule 68 of the Federal Rules of Civil Procedure.). Rule 408 of the Federal Rules of 
judge's attorney-advisor, Mr. Ira Leibowitz at (202) 366-2139 flra.l.cibowitzfgjdot.aov). 

Administrative tnatters may be addressed lo the judge's, Legal Assistant, Pat Matthews 

[202-366-5121] (Patrieia.Matthews@dot.tJov'). 

WHERliFORB, the parties be atid are hereby ORDBRED to adhere to the 

following procedural schedule: 

1. Venue shall be St. Louis, MO.; 

2. On or before April 13, 2012, the parties shall conclude all discovery 

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

to production requests and/or interrogatories. If ihe 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 13, 2012^, subject to the availability of courtrootn facilities. The 

speciHc date and time for the hearing will be forthcoming in a separate 

Order. 

4. fhe parlies will have the opportunity to file Post-Hearing briefs and 

avgumenls 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 thereallcr. 

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

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

the presiding judge.^ 

Evidence "...prohibits the admission of statements made in compromise negotiations..." (In the Matter of 

Africa Air Corporation, FAA Order No. 99-5), "Rule 408's public policy purpose of encouraging frank 

settlement discussions is as compelling in FAA civil penalty proceedings as it is in Federal Trials. Hence, 

its guidance will be followed in these proceeds." (Id.) 

^ 14C.F.R. 5 13.221 Slates: "The administrative law judge shall give each party at least 60 days notice of 

the date, lime and location of the hearing." 

14 C.F.R. § 13.215 states: Al 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 parly 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. CP03SO0p45, DMS. No. FAA-2003-

16379, "Order Terminating Proceeding", served Februar>' 26. 2005; citina Kerry James t'ldridfic. 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. t-AA-2002-14236., Orders 

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

Airlines, Inc.. FAA Dockets CP90GL0085. CP9QCE0n0. CP9QCE0114. CP90CE0134. Order of 

Administrative Law Judge Burton S. Koiko, served April 8, 1992, p. 2. See "Order Dismissing 
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 lo four (4) weeks to be delivered. 

Additionally, submissions may be "iiradiated", 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. 

Lichard C. Goodwin 

U.S. Administrative Law Judge 

Attachment ~ Service List 

Complainant's Appeal". In The Matter of Robert Harris. FAA Docket No. CP03EA0001. DMS No. FAA2005-14, August 15.2005. 
FDMS No. FAA-20U-n23 

(Civil Penalty Action) 

SERVICE LIST 

ORIGINAL & ONE COPY 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Washington, DC 20591 

Attenfion: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building—Suite 2WI000^ 

ONE COPY 

Ms. Gayle Chyu, Respondent 

Nu Fashion Beauty Supply Distributors 

1366 Kingiand Avenue 

St. Louis, MO 63133 

W. Beavis Schock, Respondent '.v Coitnsel 

1111 Bonhomme Avenue, Suite 1300 

St. Louis, MO 63105 

TEL: 314-721-1698 

FAX: 3M-726-2322 

Gayle E. Townsend, Cotnplainant 's Counsel 

Attorney, Office of Regional Counsel 

Central Region, ACE-7 

Federal Aviation Administration 

DOT Building 

901 Locust, Room 506 

Kansas City, MO 64106-^2641 

TEL: 816-329-3766 

FAX: 816-329-3771 

The Honorable Richard C. Goodwin, Administrative Law Judge 

Oflflce of Hearings. M-20 

U.S. Department of Transportation 

1200 New Jersey Avenue, S.E. 

Washington, DC 20590 

TEL; 202-366-2139 Attorney-Advisor 

202-366-5121 Legal Assistant FAX: 202-366-7536 

' Ser\'ice was by U.S. Mail. For service in person or by expedited courier, use tlie follo^ving address; 

Federal Aviation Administration, 600 Independence Avenue, S.W., Wilbur Wright Building—Suite 

2Wi000, Washington, DC 20591: Ancmion; Hearing Docket Clerk, AGC-430.