## SERVED: FEBRUARY 5, 2013

U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS

WASHINGTON, DC

IN THE MATIEROF GRANT AVIATION, INC. FAA DOCKETNO. [TO BE ASSIGNED] (Civil Penalty Action) FDMS NO. FAA-2013- 0041

PROCEDURAL ORDER 

### -b

In orderto 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.P.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(l4 C.P.R.§ 13.209(a)), that a general denial is deemed a failure to file an Answer(§ 13.209(e)), that failure to file an Answerwithout good cause is deemed an admission ofeach allegation in the Complaint (§13.209(£)), .andthat, 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: Aperson filing an answer shall admit, deny, or state thatthe person is without sufficientknowledge 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

1 Materials filed in the FAA Hearing Docket (except for materials which are sealed) also available for viewing at b.ttu.il:w.W.:.r.r:gy.{q.tf.9.ll§:gQ)!,.. For additional information see:**h.ttrdl.dm.~**.. dgJ,g,Q.J!.. 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://www.faa.gov/aboutl office_org!headquarters_offices/age/pol_ adjudication/agc400/civil yenalty/; see also: http://ecfr.gpoaccess.gov/cgilt/text/text-idx?c=ecfr&tpl=/ecfrbrowse!Titlel4114tab

_02.tpl. In addition; Thomson Reuters/WestPublishing 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 

## 1: Sbthat 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.P.R. §**1~.16** {n) (1}). NOTE: This presiding Judge does not require "Discovery" be served on the Judge. OtherJudges 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 an**~** parte basis. Ifa party has a non-substantive matterto discuss, they should contact Mr. IraLeibowitz, Attorney/Advisor (202) 366-2139.(J.rnJ&.iJ?.Ql'Y.ig@ggJ

...&QY.). Administrative matters may be addressed to StaffAssistant, 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 Anchorage, AK.; 2. On orbefore Jtme 7, 2013, the parties shall conclude all discovery including, but not limited to, depositions, document production, responses to production requests and/or interrogatories. Ifthe parties cannot resolve a discovery dispute they shall submitthe dispute to the undersigned for resolution in atimely manner; 3. The parties shall be prepared 

### tO presentthis case at ahearing on or after June 7, 2013\ subjectto the availability ofcourtroom facilities. TI1e specific date and time forthe hearing will be forthcoming in a separate Order. 4. The parties will have the opportunity to file Post-Hearing briefs and arguments pursuantto a schedule to 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

3 "The public policy offavoring and encouraging settlementmakes necessary the inadmissibility of settlementnegotiations in orderto foster frank discussions". Fiberglass Insulators. Inc. vDupuy. 856 F. 2d 652, 653 (4 Cir. 1988); Wright & Graham, FederalPractice andProcedure: Evidence, §5302 (1980). Rule 408 ofthe Federal Rules ofEvidence excludes from evidence all statements made in the course of settlementnegotiations. 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 discuss those dates with Mr. Leibowitz and/or Ms. Matthews in order to get the dates reserved onthejudge's calendar. 2thereafter; and any rebuttal briefby the Complainant shall be filed seven (7) days thereafter. 5. Settled cases will notbe removed from the hearing docket until the proper written pleading(s), consistent with the applicable rules, 5 is received bythe presiding judge.6 6. The parties are advised that submissions sentto 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 reflectthe manner ofservice. The parties are encouraged toprovide email addresses to expedite service .of pleadings.

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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~ complaint or party may withdraw arequest for ahearing withoutthe consent ofthe administrative law judge. Ifan agency attorney withdraws the complaint or aparty withdraws the request for ahearing and the answer, the administrative lawjudge shall dismiss the proceedings under this subpart with prejudice." 6 See: Inthe Matter ofLewis Drake & Associates, FAA DocketNo. CP03S00045, DMS. 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. 3

### 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 1

Brent 

### R. Cole, 

### Respondent's Counsel Law Office ofBrent 

### R. Cole, P.C. 821 N Street, Suite 208 Anchorage, AK 99501 TEL: 907-277-8001 FAX: 907;..277-8002 

### ONE COPY

Glenn H. Brown, 

### Complainant's Counsel Senior Attorney, Office ofthe Regional Counsel Alaskan Region Federal Aviation Administration 222 W. 7th Avenue #14 Anchorage, AK 99513-7587 TEL: 907-271-5271 FAX: 907-271-2800 The Honorable Richard C. Goodwin, 

### Administrative Law Judge Office ofHearings, M-20 U.S. Department ofTransportation 1200NewJersey Avenue, S.E. (Ell-310) Washington, DC 20590 TEL: 202-366-2139 Attorney-Advisor 202-366-5121 StaffAssistant FAX: 202-366-7536 FDMS No. FAA-2013-0041 (Civil Penalty Action)

1 Service was by U.S. Mail. For service in personorby 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