SERVED;JANUARY 9, 2012 

-•'cr/A^iiviLPil w'r 

U.S. DEPARTMENT OF TRANSPORTATION , .!':!':\i;^:^';::^|jL[^'|^:;',^ 

OFFICE OF HEARCMOS "•'^''-'^ •Jrur.AlHjr-v' 

WASHINGTON, DC 

IN THE MATTER OF 

ENTERTAINMENT FUSION GROUP 

FAA DOCKET NO. [TO BE ASSIGNED] 

(Civil Penally Action) 

FDMSNO. FAA-20I1 - 1290 

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 t1le a written Answer or motion 

within thirty (30) days after service of the 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 of each allegation in the Complaint 

(i^ 13.209(0), '1'^*^ f'""^^' absent agreement of the parties, a party seeking an extension of 

lime 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. 

Under FAA Order 2150.3B and the Rules governing these proceedings, the 

Agency attorney and the Respondent are encouraged to consider the possibility of 

' Materials filed in the FAA Hearing Docket (except for malerials filed in securit>' cases) are also available 

for viewing at h(ip://www.rc'2u/a(inns.gov. 

^ The Adniiiiistrjstor's civil penalty decisions, along with indexes of the decisions, the Rules of Practice, as 

well as other materials relating to civil penalt)' cases, are available on the internet at: 

/ilfpVAi-vvw. faa.gov/aboui/office_org/headquiir(ers_oJ)iccs/agc/pol_ad/iullca{ion/iigC'fOO/ci^ see 

also: (uip://ccfr.gpoaccess.go\Vcgi/(/lexi/texi-idx?c^ecfr&tpl^/ecfrhrowse/TitleN/l4iob_p2.{pl. In 

addition, Thomson Reuters/West Publishing publishes Federal Aviaiion Oecisions. Finally, the decisions 

are available through LEXIS (TRANS library) and WestLaw 9FTRAN-FAA database). For additional 

infomiation. see the Web site. 
settlement and compromise of ihis matter.^ Compromise may be effected with or 

without a finding of violation (14 C.F.R. i;13.16 (n) (D). 

NOTE: This presiding Judge does not require "Discovery" lo be served on ihe 

.hidge. Other Judges have different policies, but as long as this case is assigned to the 

undersigned presiding Judge the parties may, bul are not required, .serve discovery on the 

undersigned. 

The judge will not discuss the case with any parly, or its representative on an ex 

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

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

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

[202-366-5121] (Patricia.Matthewsfg.dot.Rov). 

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

following procedural schedule: 

1. Venue shall be Long Beach, CA..'' 

2. On or before April 16, 2012, the parties shall conclude all discovery including, 

but not limited to. depositions, document production, responses lo 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 April 16, 

2012^ 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 lo file Post-Hearing briefs and arguments 

pursuant to a schedule to be detemiined at the hearing. For guidance, the 

following schedule is typically used: Complainant shall file its brief fifteen (15) 

days after receipt of the transcript; Respondenl shall its brief fifteen (15) days 

thereafter; and any rebuttal brief by the Complainant shall be filed seven (7) days 

thereafter. 

^' See Linda Jovce Goodman. FAA Docket No. CP89WP0061, Order dated May 30, 1989. 

"* "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 Diipuy. 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 ofEvidence "...prohibits the admission of statements made in compromise negotiations..." (In the 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, hlence, 

its guidance will be followed in these proceeds." (Id.) 

^ The matter will be scheduled for Ponland, OR. if respondent consents. 

" 14 C.F.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." 
5. Settled cases will not be removed from the hearing docket until the proper written 

pleading(s), consistent with the applicable rulesj is received by ihe presiding 

judge/ 

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 lo four (4) weeks to be delivered. Additionally, subinissions may be 

"irradiated", which affects the quality of submissions. The parties are 

encoviiaged, but not required, lo file submissions by private delivery service, 

facsimile, or email. The certificate of service shall reflect the manner of service. 

/Richard C. Goodwin 

U.S. Administrative Law Judge 

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 era 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 Tenninating Proceeding", served February 26, 2005; citing Kerry James Eldridue. FAA 

Docket CP89GL0458, "Order Canceling Hearing and Terminating Proceeding", served January 16, 1991, 

at 1; In The Matter of Robei! Harris FAA Docket No. CP03EA0Q01. 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. CP9QCE0110. CP90CE0114. CP90CE0134. Order of . 

Administrative Law Judge Burton S. Koiko, 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. 
FDMS No. FAA-2011-1290 

(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 2W1000' 

ONE COPY 

J. Breck Robinson, Respondent's Counsel 

J. Breck Robinson & Associates, PC. 

100 Jefferson Street, Suite lOO-C 

Huntsville, AL 35801 

TEL: 256-489-7515 

FAX: 256-489-7520 

Kyle E. Lomazow, Complainant's Counsel 

Attorney, Office of the Regional Counsel 

Northwest Mountain Region, ANM-7 

Federal Aviation Administration 

1601 Lind Avenue 

Renton, WA 98057 

TEL: 425-227-1847 

FAX: 425-227-1007 

The Honorable Richard C. Goodwin, Administrative Law Judge 

Office of Hearings, M-20 - . 

U.S. Department of Transportation 

1200 New Jersey Avenue, S.E. 

Washington, DC 20590 

TEL: 202-366-2139 Attorney-Ad visor 

202-366-5121 Legal Assistant 

FAX: 202-366-7536 

Service was by U.S. Mail. For service in person or by c.\pedi(ed courier, use llie following .iddress: Federal 

Aviation Adminisuation, 600 Independence Avenue, S.W., Wilbur Wriglu Building—Suite 2W1000, Wasliington, 

DC 20591; Attention: Hearing Docket Clerk. AGC-430.