### SERVED: October 29, 2013 U.S. DEPARTMENTOF TRANSPORTATION OFFICE OF HEARINGS

WASHINGTON, DC

IN THE MATTER OF MULTI-AERO, INC. FAA DOCKETNO. [TO BE ASSIGNED] (Civil Penalty Action) FDMS NO. FAA 2013-0718

PROCEDURAL ORDER In order to expedite the hearing in this matter, the parties shall comply withthe Procedural Schedule set forth hereinbelow1• The Rules ofPractice for this proceeding are set forth in 14 C.P.R. Part 13, Subpart G, ofthe Federal Aviation Regulations2

. Thoserules provide, inter alia, thatthe Respondent must file a written Answer ormotion within thirty (30) days after service oftheComplaint (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 ofeach allegation inthe Complaint (§ 13.209(f)), and that, absent agreement ofthe parties, a party seeking an extensionof time mustfile a writtenmotion not less than seven (7) days before the document is due, absent good cause shown(§ 13.213(a) and (b)). More specifically, 14 CFR 

### § 13.20...2..UU states: A personfiling an answer shall admit, deny, or state that the person is without sufficientknowledge or informationto admit ordeny, each numberedparagraph ofthe complaint. Any statement or allegation contained inthe complaintthat is not specifica.lly denied in the answer may be deemed an admission ofthe truth of that allegation. A general denial ofthe complaint is deemed a failure to file an answer.

1 Materials filed in the FAA Hearing Docket (except for materials which are sealed) also available for viewing at http://www.regulations.gov. For additional information see: http://dms.dot.gov. 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://wwwJaa.gov/ about/o.ffice _org!headquarters _offices/ age/pol_ac!iudication/ agc4001 civif...penaltyl; see also: http://ecfr.gpoaccess.gov!cgilt/textltext-idx?c=ecfr&tpl=/ecfrbrowse/Title14114tab _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. 1Under FAA Order2150.3B and the Rules governing these proceedings, the Agency attorney and the Respondent are encouragedto considerthe 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" be served onthe Judge. Other Judges have differentpolicies, but as long as this case is assigned to the undersignedpresiding 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 ex parte basis. Administrative matters may be addressed to StaffAssistant, PatMatthews [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 St. Louis, MO.; 2. Onorbefore January 3, 2014, the parties shall conclude all discovery including, but not limited to, depositions, documentproduction, responses to production requests and/or interrogatories. Ifthe 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 preparedto presentthis case at a hearing on or after January 3, 20144

, subjectto the availability ofcourtroom 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 brieffifteen (15) days after receipt ofthetranscript; Respondent shall its brieffifteen (15) days thereafter; and any rebuttal briefby the Complainant shall be filed seven (7) days thereafter.

3 "The public policy offavoring and encouraging settlement makes necessary the inadmissibility of settlement negotiations in orderto foster frank discussions". Fiberglass Insulators, Inc. v Dupuy, 856 F. 2d 652, 653 (4 Cir. 1988); Wright & Graham, Federal Practice andProcedure: Evidence, §5302 (1980). Rule 408 oftheFederal Rules ofEvidence excludes from evidence all statements made in the course of settlement negotiations. 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 provide those dates to the court and/or Ms. Matthews in order to get the dates reserved on thejudge'scalendar. 25. Settled cases will not be removed from the hearing docket until the proper written pleading(s), consistent with the applicable rules,5is received bythe presiding judge.6 6. The parties are advised that submissions sent to 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, oremail. The certificate ofservice shall reflect the mannerofservice. Theparties are encouragedto provide email addresses to expedite service of pleadings. 7. All documents are to be submitted to the undersigned as follows:

0 HON. Richard C. Goodwin U.S. Administrative Law Judge Office ofHearings, M-20 U.S. Department ofTransportation 1200 NewJersey Avenue, S.E. (E11-310) Washington, D.C. 20590 Attn: PatriciaMatthews (Richard.Goodwin@dot.gov) Administrative matters should be directed to PatriciaMatthews, StaffAssistant

. (202) 366-5121 (Patricia.Matthews@dot.gov). All other matters should be addressed in writing/email to Judge Goodwin.

Richard C. Goodwin U.S. Administrative LawJudge Attachment

- Service List

5 14 C.F.R. § 13.215 states: "Atany time before or during a hearing, an agency attorney may withdraw a complaint orparty may withdraw a request for a hearing without the consent ofthe administrative law judge. Ifan agency attorney withdraws the complaint or a party withdraws the request for a hearing and the answer, the administrative lawjudge shall dismiss the proceedings under this subpart with prejudice." 6 See: In the Matter ofLewis Drake & Associates, FAA Docket No. CP03S00045, DMS. No. FAA-2003- 16379, "OrderTerminating Proceeding", served February 26, 2005; citing Kerry James Eldridge, FAA Docket CP89GL0458, "OrderCanceling Hearing and Terminating Proceeding", served January 16, 1991, at 1. 3SERVICE LIST ORIGINAL & ONE COPY 

### Federal Aviation Administration 800 Independence Avenue, S.W. Washington, DC 20591 Attention: Hearing Docket Clerk, AGC-430 Wilbur Wright Building-Suite2W1000 1



### Shane Storz, Director ofOperations Multi-Aero, Inc., Respondent 

### 12300 Old Tesson Road, Suite 200F St. Louis, MO 63128 Jared M. Allen, Respondent's Counsel 

### The Aviation LawFirm One Research Court, Suite 450 Rockville, MD 20850 TEL: 301-294-8550 FAX: 301-294-2525 David B. Kessler, Complainant's Counsel ONE COPY 

### FDMS No. FAA-2013-0718 (Civil Penalty Action)

Directorate Counsel, Office ofRegional Counsel, Central Region, ACE-7 Federal Aviation Administration 901 Locust Street, DOT Building, Room 506 

### Kansas City, MO 64106-2641 TEL: 816-329-3763 FAX: 816-329-3771 The Honorable Richard C. Goodwin,Administrative LawJudge 

### Office ofHearings, M-20 U.S. Department ofTransportation 1200 NewJersey Avenue, S.E. (E11-310) Washington, DC 20590 TEL: 202-366-5121 StaffAssistant FAX: 202-366-7536

1 Service was by U.S. Mail. For service in person orby expedited courier, use.the following address: Federal Aviation Administration, 600 Independence Avenue, S.W., WilburWright Building-Suite 2WIOOO, Washington, DC20591; Attention: Hearing Docket Clerk, AGC-430.
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