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### SERVED: January 29, 2014 U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS

WASHINGTON, DC

IN THE MATTER OF 

### REGENT AEROSPACE CORPORATION

FAA DOCKETNO. [TO BEASSIGNED] ' (Civil Penalty Action) FDMS NO. FAA 2013-0851

PROCEDURAL ORDER 

### In order to expedite the hearing in this matter, the parties shall comply with the Procedural Schedule set forth hereinbelow1• 

### The Rules ofPractice for this proceeding are set forth in 14 C.F.R. Part 13, Subpart G, ofthe Federal Aviation Regulations2• 

### Those rules provide, inter alia, that the Respondent must file a written Answer ormotion within thirty (30) days after service ofthe Complaint (14 C.F.R. § 13.209(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 ofeach allegation inthe Complaint (§ 13.209(f)), and that, absent agreement ofthe 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, 14 CFR § 

### 13.209 (e) states: A person filingan answer shall admit, deny, or state that the person is without sufficient knowledge orinformation to admit or deny, each numbered paragraph ofthe complaint. Any statement or allegation contained in the complaint that is

1 Materials filed in the FAA Hearing Docket (except for materials which are sealed) also available for viewing at http./fwww.regulation.§..,g[)v. For additional information see: http://dms.dqJ.,gQJ!.. 2 The Administrator's civil penalty decisions, along with indexes ofthe decisions, the Rules ofPractice, as well as other materials relating to civil penalty cases, are available on the internet at: http:/lwwwfaa.gov/aboutlo.fflce_.org!headquarters_offices!agc/pol_adjudication/agc400/civil_pena/ty/; see also: http://ecfr.gpoaccess.gov/cgi/tltext/text-idx?c=ecfr&tpl=lecfrbrowse/Title14114tab

_02.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



### not specifically denied in the answer may be deemed an admission ofthe truth of that allegation. A general denial ofthe complaint is deemed a failure to file an answer. Under FAA Order 2150.3B and the Rules governing these proceedings, the Agency attorney and the Respondent are encouraged to considerthe possibility of settlement and compromise ofthis matter. 3 

### Compromise may be effected with or without a finding ofviolation (14 C.F.R.**§1~.16** 

### (n) (1 )). 

### NOTE: This presiding Judge does not require "Discovery" be served onthe 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 to, serve discovery on the undersigned. Thejudge will not discuss the case with any party, orrepresentative on anex parte basis. Administrative matters may be addressed to StaffAssistant, PatMatthews [202-366-5121] (Patricia.Matthews@dot.gov.). WHEREFORE, the parties be and are hereby ORDERED to adhere to the following procedural schedule: 1. Venue shall be Los Angeles, CA., area; 2. On or before May 1, 2014, the parties shall conclude all discovery including, but not limitedto, depositions, document production, responses to production requests and/or interrogatories. Ifthe 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 onor after May 1, 2014\ subjectto the availability ofcourtroom facilities. The specific date and time for the hearing will be forthcoming in a separate Order. 4. The**partie~** 

### will have the opportunity to file Post-Hearingbriefs and arguments pursuantto a schedule to be determined at the hearing. For guidance, the following schedule is typically used: Complainant shall file its brieffifteen (IS) days after receipt ofthe transcript; Respondent shall its brieffifteen (15) days thereafter; and any rebuttal briefby the Complainant shall be filed seven (7) 

### days thereafter.

3 "The publicpolicy offavoring and encouraging settlement makes necessary the inadmissibility of settlement negotiations in order to foster frank discussions". Fiberglass Insulators. Inc. v Dupuy, 856 F. 2d 652, 653 (4 Cir. 1988); Wright & Grahani, FederalPractice andProcedure: Evidence, §5302 (1980). Rule 408 ofthe Federal Rules ofEvidence excludes from evidence all statements made in the course of settlement negotiations. 4 14 C.F.R. § 13.221 states: "The administrative lawjudge shall give each party at least 60 days notice of the date, time and location ofthe hearing." Ifthe parties can agree on tentative hearing dates, they are
· encouraged to provide those dates to the court and/or Ms. Matthews in order to get the dates reserved on thejudge's calendar.


### 25. Settled cases will notbe removed from the hearing docketuntilthe proper written pleading(s), consistent with the applicable rules,5 is received by the presiding judge.6
6. The parties are advised that submissions sent to the street address ofthe U.S. Department ofTransportation, Office ofHearings, may be delayed due to screening conductedbythe 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 ofsubmissions. The parties are encouraged, but not required, to file submissions by private delivery service, facsimile, or email. The certificate ofservice shall reflectthe manner ofservice. Theparties are encouraged to provide email addresses to expedite service of pleadings. 7. All documents are to be submittedto the undersigned as follows: HON. Richard C. Goodwin U.S. Administrative LawJudge Office ofHearings, M-20 U.S. Department ofTransportation 1200 NewJersey Avenue, S.E. (E11-310) Washington, D.C. 20590 Attn: PatriciaMatthews (Richard.Goodwin@dot.gov) Administrative matters should be directedto PatriciaMatthews, StaffAssistant (202) 366-5121 (Patricia.Matthews@dot.gov). All other matters should be addressed in writing/email to Judge Goodwin.

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................
Richard C. Goodwin U.S. Administrative Law Judge Attachment

- Service List

5 14 C.F.R. § 13.215 states: "At any time before or during a hearing, an agency attorney may withdraw a complaint orparty may withdraw a request for a hearing without the consent ofthe administrative law judge. Ifan agency attorney withdraws the complaint or a party withdraws the request for a hearing and the answer, the administrative lawjudge shall dismiss the proceedings under this subpart with prejudice." 6 See: In the Matter ofLewis Drake & Associates, FAA Docket No. CP03S00045, OMS. No. FAA-2003- 16379, "OrderTerminating Proceeding", served February 26, 2005; citing Kerry James Eldridge, FAA Docket CP89GL0458, "Order Canceling Hearing and Terminating Proceeding", served January 16, .1991, at 1. ·

3Federal Aviation Administration 800 Independence Avenue, S.W. Washington, DC 20591 SERVICE LIST ORIGINAL & ONE COPY

I Attention: HearingDocket Clerk, AGC-430 WilburWright Building-Suite 2W1000 1 ONE COPY Reza Soltanian, 

### Respondent'sPresident Regent Aerospace Corporation and Airbase Services, Inc. 28110 West Harrison Parkway Valencia, CA 91355-4109 TEL: 661-257-3000 FAX: 661-702-0241 JohnS. Hoff& Jeffrey Clement, 

### Respondent's Counsel Hoff& Herran 135 S. LaSalle Street, Suite 3300 Chicago, IL 60603-4134 TEL: 312-346-8111 FAX: 312-853-3924 Chris G. Zurales, 

### Complainant's Counsel FDMSNo. FAA-2013-0851 (Civil Penalty Action)

Attorney, Office ofRegional Counsel, Great Lakes Region, AGL-7K FederalAviation Administration 2300 East DevonAvenue Des Plaines, IL 60018 TEL: 847-294-7713 FAX: 847-294-7498 The Honorable Richard C. Goodwin,

### AdministrativeLawJudge Office ofHearings, M-20 U.S.

### Departme~t ofTransportation 1200 NewJersey Avenue, S.E. (E11-310) Washington, DC 20590 TEL: 202-366-5121 StaffAssistant FAX: 202-366-7536

1 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 2W1000, Washington, DC 20591; Attention: Hearing Docket Clerk, AGC-430.
4