SERVED SEPTEMBER 30, 2010 

-\no, ARTMENT OF n :AN3P0RW10N 

U.S. DEPARTMENT OF TRANSPORTATION . v-f r-,p£Pj\tlONS 

OFFICE OF HEARINGS 

WASHINGTON, DC ,p,^, try .. \ A °i: 32 

IN THE MATTER OF 

CARLILE TRANSPORTATION SYSTEMS 

FAA DOCKET NO. CP10AL0003 

(Civil Penalty Action) 

DMS No. FAA-2010-0789 

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. § 13.2Q9(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. 

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

for viewing at http://www. resulations. 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: 

li(lp://\\M'M>.faa.gov/ahouC/ofJice org/headqiiarters offices'aga'pol adjiidicatioi'i/agc400!civilj)ertalt}'/; see 

also: http://ecfr.gpoaccess.gOv/cgi/t/text/text-idx?c=ecfr&tpl=/ecfrbrowse/Titlel4/14tabJ)2.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 
m^^^^^mi^^^^m§mF 

Under FAA 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 (14 C.F.R. §13.16 (nUH). 

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. 

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 

judge's attorney-advisor, Mr. Ira Leibowitz at (202) 366-2139 (Ira.Leibowitz@dot.eov). 

Administrative matters may be addressed to the judge's, Legal Assistant, PatXlatthews 

[202-366-5121] (Patricia.Matthews@dot.gov). 

This matter v^ll not be set for hearing prior to January 1, 2011. 

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

following procedural schedule: 

1. Venue shall be Anchorage, AK.; 

2. On or before December 31,2010, the parties shall conclude all disQQviry 

including, but not limited to, depositions, docvunent production, r<^|0pe5 to 

I production requests and/or interrogatories. If the parties cannot resi^lKf a 

discovery dispute they shall submit the dispute to the undersigned C<W^soIution 

in a timely manner; 

3. NOTICE IS HEREBY GIVEN the parties shall be prepared to presejat^s case 

at a hearing on or after January 1,2011'', subject to the availability ©fgpurtroom 

facilities. ; ^; ; 

^ . The parties will have the opportunity to file Post-Hearing briefs ansd^guments 

pursuant to a schedule to be determined at the heafiag. For guid)|n^fh«s 

following schedule is typically used: Complainant shall file its brief^^pe«^ (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 fi^om the hearing docket imtilijiej 

written pleading(s), consistent with the applicable tules,^ is receive|P|^i&ie 

presiding judge.^ 

' See pnda Joyce Goodman. FAA Docket Isjo. CP89WP0061, Orc|«c dated May 30, ;l?89* ^<fiv 

* 14 Q.F.R. § 13.221 states: "The administqEitive law Judge shall give each party at least 0^^h5 notice of 

the date, time and location of the hearing." 
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, tp-.fife'suKmgsk^s by private delivery service, 

facsimile, or email. The certificate of se^ca.sbaikrefleQt the manner of service. 

Goodwin 

U.S. Administrative Latv4udgife 

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; citing Kerrv 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 

Airlines. Inc.. FAA Dockets CP90GL0085. CP90CE0110. CP90CEOn4. 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. 
•vr 

FAA Docket No-ClflOALOOOS 

(Civil Penalty AcUan) 

SERVICE LIST 

ORIGIIVAL & 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 

Roy L. Longacre, Respondent's Counsel 

Longacre Law Offices, Ltd. 

425 G Street, Suite 910 

Anchorage, AK 99501 

TEL: 907-276-6354 

FAX: 907-279-4685 

Howard L. Martin, Jr., Complainant's Counsel 

Officqof the Regional Counsel 

Alaskan Region 

Federal Aviation Administration 

222 W. 7* Avenue #14 

Anchorage, AL 99513-7587 

TEL: 907-271-5269 

FAX; 907-271-2800 

The Honorable Richard C. Goodwin, Administrative Law Judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

1:200 Nevi^ Jersey Avenue, S.E. , ^ 

East BuildiiJg Ground Floor, Room E12-320 ; ti^, 

Washington, DC 20590 . * 

TEL: 202-366-2139 Attorney-Advisor M 

202-366-5121 Legal Assistant Jj*-

FAX: 202-366-7536 i-| 

' Service was by U.S. Mail. For service in person or by expedited courier, use the following 9df^^^t.f09den\ 

Aviation AAninistration, 600 Independence Aveiwe, S.W., Wilbur Wright Building—Suite :2W|iftpjiS'jSshington, 

IiC20591;Attention: Hearing Docket Clerk, AGC-430. *||j;>