SERVED: S.EPTEMER 4, 2012 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, DC 

. IN THE MATTER OF 

MOUNTAINAVIATION 

FAA DOCKET NO. [TO BE ASSIGNED} 

(Civil Penalty Action) 

FDMS NO. FAA-2012- 0875 

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.P.R. Part 13, Subpart G, of the Federal Aviation Regulations2• 

Those rules provide, inter alia, that the Respondent must file a written Answer or motion 

within thirty (30) days after service of the Complaint (14 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 

Answer without good cause is deemed an admission of each allegation in the Complaint 

(§13.209(f)), and that, absent agreement of the 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 CPR§ 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·ottlie 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 

"' ~·,~~;li'~?f;t!f,~!)'_'~~/·'1\''•:<> ,~'S:.,: :':_sw.~·;::>' )'\~\·'·.· >"~:· !:1 ~. 1 {/''',;·,>if: <'~·":.)\~',;>~·\ '' .r,\;~ · ~· ,J --~ ;·:":." ::~t(~:,"~·~~:llf~!Ri~~1t: 'G?~;., •: ~"·': . . 

· .,, ·· ~· · ' ·'f'M.a:ierialsflled In the FAA He~ringDocket (except for materials filed in security cases) are also available 

for viewing at httl2:1/www.regulations.gov. .. . . . .. . .. . . . . . -·, ..... ····'·""' '"''"''m"'"""' ik'''''J·'"'lf·• .,,, •. , .• :!!!!·•·, ····"'·"''"'"·k'"""""''·.~· •. ~#""-~-····•. 'lJ_m ... ,_,..il!llt.l!l-.;i<wo~~"'··m'l!'""•~~-•';:.;.~ ... ·~ .. "il~Jlj,"J.:,~,~~~'i'il!!l'.··lliill:t::'s'~iii;;io··';~"e')\!~\~!ilia;,lilli'······t·il""'lt•"J"''"'"":l""~'·'~" .• ,~ ... ,,,..,,,.,., ..... , .......... . . .• ,.,,. ..... """"''.•'""'"''''"""·Y'"'V"'~"'¥·rue·•nuiui tJJtrau::.Jr~·~Iv<J·'pcua:uy ueciSitmS;"atvug whn tnuexus·or.:ne ue..,t tons; tn KUies or Prac tee, as 

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

http://wwwfaa.gov/ about/office_ org/headquarters _ offices/agc/pol_adjudication/ agc400/civil _penalty/; see 
settlement and compromise of this matter.3 Compromise may be effected with or 

without a finding of violation (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 Mr. 

Ira Leibowitz at (202) 366.::2139 (Ira.Leibowitz@dot.gov). Administrative matters may 

be addressed to Staff 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 Denver, CO.; 

2. On or before November 9, 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 

d~scovery 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 

November 9, 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 brieffifteen·t·l5)days 

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

thereafter. 

3 See Linda Joyce Goodman, FAA Docket No. CP89WP0061, Order dated May 30, 1989. 4 "T~e public policy of favoring and encouraging settlement makes necessary the inadmissibility of 

Incorporated v Structural Concrete Equipment, Incorporated, 973 F.2d 349, 1992; 2 McCormick on Evid. 

~ .. 

Mll\lYJr,,;.~t·''::~*·l· ,,, ... ·.·,~~'fil'''~~~~~~~~~~~~tht~,:'F•:ral:R:llie&·o:f>wi>v4!wRl'®'edure:,.~t.Rmle'i4~e~.F~it'b~Rlnl~'tl~f.:,: ,,.,,~~~:;,,. _,, .•• ,.~!i:"''~'W'K~i·C';''*~··. 

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 
; 

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 

6. The parties are advised that submissions sent to the street address of the U.S. 

Department ofTransportation, 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 ilie manner of service. 

The parties are encouraged to provide email addresses to expedite service of 

pleadings. 

U.S. Administrat~ve Law Judge 

Attachment - Service List 

.. 

6 14 C.F.R. § 13.215 states: At anytime 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 admin:istrative 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. 

,_ ·~"''·'s»·'fcf'••!!~··?"~!1,~iur, e . . . .,i: · ... :· ..... , c'. ·tAA~~)!~~?'ffl~:S~Qf}4'~~·~P~S;;~pc,~F':?t~io:<::'~:''Tf;';::l·•·:··:l.r;·?''!J!'~t·>~t't'"l1'1?'"ll~~,t

'· · · ·•· ·• ··•···· · f6379,· ''btd ermmatmg Proceeding;', served February 26; 2005; citing Kerry James Eldridge, FAA 

Docket CP89GL0458, "Order Canceling Hearing and 
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 2W10001 

Todd C. Emerson, Respondent's Counsel 

Director - Government and Legal Affairs 

SkyWest Airlines 

444 South River Road 

St. George, UT 84790 

TEL: 435-634-3530 

FAJ(: 435-634-3505 

ONE COPY 

Kyle E. Lomazow, Complainant's Counsel 

Attorney, Office of Regional Counsel 

Northwest Mountain Region, ANM-7 

Federal Aviation Administration 

1601 Lind Avenue, S.W. 

Renton, W A 98057 

TEL: 425-227-1847 

FAJ(: 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. (E11-310) · 

Washington, DC 20590 

TEL:. 202-366-2139 Attorney-Advisor 

202-366-5121 Staff Assistant 

FDMS No. FAA-2011-0875 

(Civil Penalty Action) 

..