### SERVED: July 22, 2015 U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS

WASHINGTON, DC

IN THEMATTER OF
Justin Leighton Stanley
DocketNo. FAA-2015

- 1326 (Civil Penalty Action)

PROCEDURAL ORDER ; ,·._:, .·-

i l i-

..**~-** :.. '-·f



### In order to expedite the hearing in this matter, the parties shall comply with the Procedural Schedule set forth hereinbelow. 1 

### The Rules ofPractice for this proceeding are set forth in 14 C.F.R. Part 13, Subpart G, ofthe Federal Aviation Regulations. 2 

### Those rules provide, inter alia, that the Respondent must file a written Answer or motion within thirty (30) days after service ofthe Complaint (I4 C.F.R. 

### § l3.209(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 in the 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, 

### 1:±

..**~T.R**

### ...§.JJ_,lQ.2.isJ 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 ofthe complaint. Any statement or allegation contained in the complaintthat is 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 2150.38 and the Rules governing these proceedings, the Agency attorney andthe Respondent are encouraged to consider the possibility of

1 Materials filed in the FAA Hearing Docket (except tor materials which are sealed) also available tor viewing at !JLfJ!.,/(IJ.'1DU:IdRHi.£!@1:1,\:cJJ.UL For additional information see:**l!l!p:./(d!!.i:Yc~f.U.L£.E1::.** 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: hr

f p:;/www jiw.guv/a hout/ofllce_ orgi/ieadq11uriers..1 Jjlii·es/agCtjwladjztJi**~.:at**ion/agc-1()()!ci1 • il j 1cna**I~}/;** see also: http://ecfr.gpoaccess.gov/cgilt/te.xt/text-id'C?c=ec:fr&tpl=lec:frhrowse/Title14/ 14tah_JJ2.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.-'

' settlement and compromise ofthis matter. 3 Compromise may be effected with or without a finding ofviolation 

## (J4 

## C.I:J:h_Sl.lJiunlllll.
NOTE: This presiding Judge does not require "Discovery" be served on the Judge. OtherJudges have differentpolicies, 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, or representative on an ex parte basis. Administrative matters may be addressed to StaffAssistant, Pat Matthews [202-366-5121]**(Patricia._Matth~~~@IJ.<.j52J:Jb9_}:).** 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 orbefore December4, 2015, the parties shall conclude all discovery including, but not limited to, depositions, document production, responses to production requests and/or interrogatories. lftheparties cannot resolve a discovery dispute they shall submitthe 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 December

### 4, 2015,4 subject to the availability ofcourtroom facilities. The specific date and time for the hearing will be forthcoming in a separate Order.
4. The parties will have the opportunity to file Post-Hearing briefs and arguments pursuant to a scheduleto be determined at the hearing. For guidance, the following schedule is typically used: Complainant shall file its brieffifteen (15) 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.
5. Settled cases will not be removed from the hearing docket until the proper written pleading(s), consistent with the applicable rules,5 is received by the presiding . d 6 JU ge.

3 "The public policy 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 & Graham, Federal Practice andProcedure: Evidence, §5302 ( 1980). Rule 408 ofthe Federal Rules ofEvidence excludes from evidence a!l 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. 2

### 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 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 ofsubmissions. The parties are encouraged, but not required,

# to file submissions by private delivery service, facsimile, or email. The certificate ofservice shall reflect the manner ofservice. Theparties are encouraged to provide email addresses to expedite service of pleadings.
7. All documents are to be submitted to the undersigned as follows:
I-ION. Richard C. Goodwin U.S. Administrative Law Judge Office ofHearings, M-20 U.S. Department ofTransportation 1200 NewJersey Avenue, S.E. (E11-310) Washington, D.C. 20590 Attn: Patricia Matthews**(Ei~.bl!nJ.,(.J.qg_~!~Y.i!!@~h.>..tg~lY.)** 

### Administrative matters should be directed to Patricia Matthews, StaffAssistant (202) 366-5121 

### (J?.n:1r.i£

..**i..<.LM~!J:lht:;~:B@~lq_Lgqy).** 

### All other matters should be addressed in writing/email to Judge Goodwin.

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 maywithdraw a complaint or party 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, DMS. No. FAA-2003- 16379, "OrderTerminating Proceeding", served February 26, 2005; citing Kt<rry James Eldridge, FAA Docket CP89GL0458, "OrderCanceling Hearing and Terminating Proceeding", s.erved January 16, 1991, at I.

3

### SERVICE LIST- BV 

### U.S. MAIL ORIGINAL & 

### ONE COPY Federal Aviation Administration 800 Independence Avenue, S.W. Washington, DC 20591 Attention: Hearing Docket Clerk, AGC-430 Wilbur Wright Building-Suite 2Wl000 1

ONE COPY



### Robert M. Helfend, 

### Respondent's Counsel Law Offices ofRobert M. Helfend 23838 Pacific Coast Highway No. 309 Malibu, CA 90265 TEL: 818-591-2809 FAX: 310-456-3317 Lierre Green, 

### Complainant 's 

### Counsel Office ofthe Regional Counsel, AWP-7.6 Western-Pacific Region Federal Aviation Administration P. 

### 0. Box 92007 Los Angeles, CA 90009-2007 TEL: 310-725-7117 FAX: 310-725-6816
The Honorable Richard C. Goodwin,

### Administrative Law Judge Office ofHearings, M-20 U.S. Department ofTransportation 1200 New Jersey Avenue, S.E. (Ell-310) Washington, DC 20590 TEL: 202-366-5121 StaffAssistant FAX: 202-366-7536 Docket No. FAA-2015-1326 (Civil Penalty Action)

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



### 4