SERVED: AUGUST 19, 2010 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, DC 

IN THE MATTER OF 

CLOUD DANCER AVIATION 

FAA DOCKET NO. CPlOSOOOOl 

(Civil Penalty Proceeding) 

DMSNO. FAA-20I0-0192 

ORDER OF CHIEF ADMINISTRATIVE LAW JUDGE 

ESTABLISHING PROCEDURES 

This proceeding arises from a complaint served February 12, 2010, alleging violation of 

the Federal Aviation Act/Regulations, and the Respondent's request for hearing dated February 

4, 2010. Administrative Law Judge Benkin was assigned to this proceeding by Notice served 

June 4, 2010. The proceeding was reassigned to the undersigned judge by order served August 

19,2010. 

Except insofar as they are inconsistent with this and future orders, all prior orders, will 

remain in effect. The time for discovery has passed' and the parties have apparently acquiesced 

in Miami, Florida, as the hearing location. Respondent has answered an amended complaint 

that, like Complainant's response to Respondent's Interrogatories, has not been served on the 

Judge or the FAA Hearing Docket. To expedite the hearing in this matter. Complainant and the 

Respondent, on or before August 26, 2010, shall file (1) any pleading or other communication 

' See Administrative Law Judge's Prehearing Order Establishing Procedures para 7, at 3 (June 9, 2010) 

("Prehearing Order") ("Discovery should begin promptly [and] should be completed within 30 days from the date 

this order is served."). 

^ See id para 4, at 2 (June 9, 2010) ("I plan to conduct the hearing in Miami, Florida ... . If either of the 

parties wishes to change the , . . place of the hearing, please so advise me within the next 30 days."). 
regarding this proceeding not previously served on the Judge, the FAA Hearing Docket, and the 

other persons on the attached Service List; and (2) a statement concerning the status of settlement efforts. 

Under FAA Order 2150.3B (Oct. 1, 2007) and the Rules governing these proceedings, 

Complainant and the Respondent should continue to consider the possibility of settlement and 

compromise of this matter.'' In connection with such discussions, the parties should note that 

FAA Order 2150.3B, which establishes standards for the Complainant's conduct and settlement 

of this proceeding, is available on the Internet.* See, in particular, chapter 6 (Legal Enforcement 

Actions and Legal Counsel Responsibilities); and either (a) Appendix B (Table of Sanctions), 

pages B-1—B8 (Part One - Abbreviations and Definitions) and those portions of Part Two -

Sanction Guidance Tables, which apply to particular allegations not involving hazardous materials, or (b) Appendix C, which pertains to hazardous materials cases. Upon request of Respondent, Complainant shall provide Respondent a copy of the applicable referenced provisions. 

Any future communications, whether substantive or procedural^ regarding the proceeding 

must be served on the Judge, the FAA Hearing Docket, and the other persons on the attached 

Service List.^ 

' iSee Notice of Assignment of Proceeding (June 4, 2010) ("All future pleadings and other communications 

regarding this proceeding shall be served on the Judge, the FAA Hearing Docket, and the other persons on the attached Service List:"). 

" See Linda Joyce Goodman, FAA Docket No. CP89WP0061, DMS No. FAA-2004-18292, at 11 (May 30, 

1989), available at www.regulations.gov (concluding that "the prosecuting agency attorney must consider settlement and that the Rules do not permit the Chief Counsel to exercise policy control or decisionmaking in this case or 

in civil penalty cases generally so as to deny prosecutorial discretion with respect to settlement and compromise to 

the agency attorney as defined in the rules"). See also Exec. Order No. 12,988, 61 Fed. Reg. 4729 (Feb. 5, 1996), 

which refers to facilitating the just and efficient resolution of civil claims involving the United States Government 

and which directs Federal agencies and their litigation counsel to, "as soon as practicable after ascertaining the nature of a dispute in litigation, and throughout the litigation,... evaluate settlement possibilities jmd make reasonable 

efforts to settle the litigation." See also FAA Order 2150.3B at paragraph 6-2. 

' Accessed at http://rgl.faa.gov by selecting "Orders/Notices," then "Current Orders; By Number," then 

"2150.38 10/01/2007 FAA Compliance and Enforcement Program (Change 1 included)." 

* This order supersedes Prehearing Order para 10, at 3-4 ("Contacts with the iudee."). See 5 U.S.C. 

§ 557(d)(1). 

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Submissions sent to the street address of the U.S. Department of Transportation, Office of 

Hearings, by regular mail may be delayed up to four weeks due to postal screening and may be 

"irradiated," which may result in pages being fiised together. Accordingly, parties who serve 

submissions on the Judge by regular mail should also fax, express carrier, or personally deliver 

those submissions. The certificate of service should reflect the manner of service. 

Compromise may be effected with or without a finding of violation (§ 13.16(n)). Each 

party's filing shall include a telephone number where the party can be reached by the Judge for 

prehearing telephone conferences. 

SO ORDERED. 

Comfie A. Yo 

Chief Administrative Lay^Jud 

Attachment - Service List 

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FAA Docket No. CPlOSOOOOl 

(Civil Penalty Proceeding) 

SERVICE LIST 

ORIGINAL & 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 

Dennis R. Haber, Respondent's Counsel 

Dennis R. Haber, P.A. 

8925 S.W. 148 Street, Suite 200 

Miami, FL 33176 

TEL: 305-256-3002 

FAX: 305-256-3004 

Andrea Michelle Harper, Complainant's Counsel 

Office of the Regional Counsel, ASO-7 

Southern Region 

Federal Aviation Administration 

P.O. Box 20636 

Atlanta, GA 30320 

TEL: 404-305-5200 

FAX: 404-305-5223 

The Honorable Ronnie A. Yoder, Chief Administrative Law Judge 

U.S. Department of Transportation 

Office of Hearings, M-20 

1200 New^Jersey Avenue, S.E. 

East Building Ground Floor, Room El 2-320 

Washington, DC 20590 

TEL: 202-366-2142 

FAX: 202-366-7536 

^ Service was by U.S. Mail. For service in person or by expedited courier, use the following address: 

Hearing Docket, Federal Aviation Administration, 600 Independence Avenue, S.W., Wilbur Wright Building - Suite 

2W1000, Washington, DC 20591, Attention: Hearing Docket Clerk, AGC-430.