SERVED: AUGUST 2, 2012 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, DC 

2 r·~ "' C' 0 .... .• r~J L.: .) 

IN THE MATTER OF 

SCHUMAN AVIATION, LTD 

FAA DOCKET NO. [TO BE ASSIGNED] 

(Civil Penalty Action) 

FDMS NO. F AA-2012 - 0778 

PROCEDURAL ORDER 

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

Procedural Schedule set forth hereinbelow1

• The Rules of Practice for this proceeding 

are set forth in 14 C.F.R. Part 13, Subpart G, ofthe Federal Aviation Regulations2. 

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 ofthis matter.3 Compromise may be effected with or 

without a finding ofviolation (14 C.F.R. §13.16 (n) (1)). 

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, 4 or its representative on an ex 

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

1 

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

for viewing at http://www.regulations.gov. · · 2 

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: 

http://www.faa.gov/ about/office-orglheadquarters-offices/ age/pol_ at{judication/ agc400/civil _penalty/; see 

also: http://ecfr.gpoaccess.gov/cgi/t/textltext-idx?c=ecfr&tpl=lecfrbr.owse/Titlel4/14tab _ 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. 3 

See Linda Joyce Goodman, FAA Docket No. CP89WP0061, Order dated May 30, 1989. 4 

"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 ed.); Rule 68 of the Federal Rules of Civil Procedure.). Rule 408 of the Federal Rules of 

1 
judge's attorney-advisor, Mr. Ira Leibowitz at (202) 366-2139 (IraLeibowitz@dot.gov). 

Administrative .matters may be addressed to the judge's, Legal Assistant, Pat Matthews 

. [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 Honolulu, HI.; 

2. On or before October 12, 2012, the parties shall conclude all discovery 

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

to production requests and/or interrogatories. If the 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 

October 12, 20125

, subject to the availability of courtroom 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 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 thereafter. 

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

written pleading(s), consistent with the applicable rules,6 is received by 

the presiding judge. 7 

Evidence " ... prohibits the admission of statements made in compromise negotiations ... " (fufue 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.) 

5 14 C.P.R.§ 13.221 states: "The administrative law judge shall give each party at least 60 days' notice of 

the date, time and location of the hearing." · 6 14 C.P.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 attOffi\lY 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. 

7 See: In the Matter of Lewis Drake & Associates, FAA Docket No. CP03S00045, DMS. No. FAA-2003-

16379, "Order Terminating Proceeding", served February 26, 2005;. citing Kerry 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, CP90CE0114, CP90CE0134, Order of 

Administrative Law Judge Burton S. Kolko, served April 8, 1992, p. 2. See "Order Dismissing 

2 
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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 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, to file 

submissions by private delivery service, facsimile, or email. The 

certificate of service shall reflect the manner of service. 

Attachment - Service List 

., 

. Complainant's Appeal". In The Matter of Robert Harris, FAA Docket No. CPOJEAOOO 1. DMS No. FAA2005-14, August 15,2005. 

3 
FDMS No. FAA-2012-0778 

(Civil Penalty Action) 

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 2W1 0001 

ONE COPY 

Christopher D. Ferrara, Respondent's Counsel 

841 Bishop Street, Suite 1628 

Honolulu, HI 96813 

FAX: 808-537-4576 

President 

Schuman Aviation, Ltd. 

130 Iolana Place 

Honolulu, HI 96819 

Don Bobertz, Complainant's Counsel 

Attorney, Office of the Regional Counsel 

Western-Pacific Region, A WP-7 

Federal Aviation Administration 

P.O. Box 92007 

Los Angeles, CA 90009-2007 

TEL: 310-725-3454 

FAX: 310-725-6816 

The Honorable Richard C. Goodwin, Administrative Law Judge 

Office of Hearings, M-20 · 

U.S. Department of Transportation 

1200 New Jersey Avenue, S.E. (E11-310) 

Washington, DC 20590 

TEL: 202-366-2139 Attorney-Advisor. 

202-366-5121 Staff Assistant 

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 

2Wl000, Washington, DC 20591; Attention: Hearing Docket Clerk, AGC-430.