SERVED DECEMBER 22, 2011 

;ErARTMENLQl: 

U.S. DEPARTMENT OF TRANSPORTATION -V'./dr r:r-^(:pi,Tir)tiS 

OFFICE OF HEARFNGS 

WAShinslGTON. DC ,,,, -rr -)-• ^ ^r'^2 

IN ITIE MATTER OF 

AVIATION TECHNICAL SERVICES, INC. 

FAA DOCKET NO. [TO BE ASSIGNED] 

(Civil Penalty Action) 

FDMS NO. FAA-20i I- 0682 

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 

arc set forth in 14 C.F.R. Part 13, Subpart G, ofthe Federal Aviation Regulations". 

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

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

settlement and compromise of this matter. Compromise may be effected with or 

without a finding of violation 04C.F.R. i?l3.16 (n) H 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,"* or its representative on an ex 

parte basis. If a party has anon-substantive matter to discuss, they should co"ntact the 

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

for viewing at hilp://www.rezulaflons.sov. 

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

well as other materijils relating to civil penalty cases, are available on the internet at; 

http://ww\\\faa.^ov/aboii(/o[ricejiirg/headquartersj}ffices/agc/pol_a4iudicatior}/agc4^^^^ see 

also: hnp://ecfr.gpoaccess.gov/cgi/i/lex(/lexl-kh-?c=ecfr(!itpl^/ecfrbro\vse/Til/e/4/Hlah In 

addition, Thomson Reuters/West Publishing publishes Federal Aviation Decisions. Finally, the decisions 

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

infonnation, see the Web site. 

^ See Linda Joyce Goodman. FAA Docket No. CP89WP0061, Order dated May .10, 1989. 

'' "The public policy of favoring and encouraging settlement makes necessary the inadmissibility of 

settieniem 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. 

Incoiporaled 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 
Vjudge's attorney-advisor. Mr. Ira Leibowitz at (202) 366-2139 fIra.Leibowitzigjdot.aov). 

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

[202-366-5121] fPairicia.Matthews@dot.uov). 

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

following procedural schedule: 

1. Venue shall be Seattle, WA.; 

2. On or before March 2, 2012, the parties shall conclude all discoveiy 

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 

March 2, 2012% subject to the availability of courtroom facilities. The 

specific date and time lor the hearing will be forlhcomiug in a separate 

Order. 

4. The parties will have the opportunity to Hie 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,*" is received by 

the presiding judge. 

Evidence "...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. Hence, 

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

"^ 14 C.F.R. § 13.221 slates; "The administrative law judge shall give each party at least 60 days notice of 

the date, time and location of the hearing." 

14 C.F.R. § 13.2 15 states: At any lime 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 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. 

^ See: In the Matter of Lewis Drake & Associates. FAA Docket No. CP03SO0045, DMS. No. FAA-2003-

16379, "Order Tenninaling Proceeding", served February 26, 2005; citing Ken'v 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. CP03EA000I. 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. CP90CE01 10. CP90CEU114. CP90CE0I34. Order of 

Administrative Law Judge Burton S. Koiko. served April 8. 1992, p. 2. See "Order Dismissing 
6. The parties arc advised that submissions sent to (he street address of the 

U.S. Department of Transportation, Office t»f 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 parlies are encouraged, but not required, to tile 

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

certificate of service shall reflect the manner of .service. 

'Richard C. Good> 

U.S. Administrative Law Judge 

Attachment - Service List 

Complainant's Appeal". In The Matler of Robert Harris. FAA Docket No. CP03EA0001. DMS No. FAA2005-14, August 15,2005. 
FDMS No, FAA-2011-0682 

(Civil Penalty Action) 

SERVICE LIST 

ORIGINAL & ONE COPY 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Washington, DC 2059] 

Attention: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building—Suite 2WI000' 

ONE COPY 

Dane B. Jacques, Respondeni's Counsei 

Dombroff Gilmore Jacques & French, PC 

1676 International Drive, PH 

McLean, VA 22102 

TEL: 703-336-8800 

FAX: 703-966-6111 

Karen D. Huber, Complainani 's Counsel 

Attorney, Office of the Regional Counsel 

Northwest Mountain Region, ANM-7 

Federal Aviation Administration 

1601 Lind Avenue, S.W. 

Renton,WA 98057 

TEL: 425-227-2167 

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 ser\'ice in person or by expedited courier use Uie following address: 

Federal Aviation Administration, 600 Independence Avenue, S.W., Wilbur Wright Building—Suite 

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