### SERVED: JULY 25, 2013
U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS

WASHINGTON, DC

IN THE MATTER OF 

### MESA AIRLINES, INC.
FAA DOCKETNO. [TO BE ASSIGNED] (Civil Penalty Action)
FDMS NO. FAA-2013- 0614



### PROCEDURAL ORDER
In order to 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, oftheFederal Aviation Regulations2• Those rules provide, inter alia, that the Respondent must file a written Answer ormotion withinthirty (30) days after service ofthe 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 ofeach allegation in the Complaint (§ 13.209(f)), and that, absent agreement ofthe parties, a party seeking an extension of time must file a written motionnot less than seven (7) days before the document is due, absent good cause shoWTI (§ 13.213(a) and (b)).·
More specifically, 14 CPR§ 13.209 (e) states: A person filing an answer**sh~ll** admit, deny, or state that the person is without sufficientknowledge or information to admit or deny, each numberedparagraph 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 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:1/www faa.govl about/ ofjice

..__org!headquarters _officesl agclpo(_acfjudication/ agc4001 civif _yenalty!; see also: http://ecfr.gpoaccess.gov/cgilt/text/text-idx?c=ecfr&tpl=!ecfrbrowse/Titlel4/l4tab

_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. 1that 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. §13.16 (n) (1)). NOTE: This presiding Judge does not require "Discovery" be served onthe Judge. Other Judges have different policies, but as long as this case is assigned to the undersignedpresiding Judge the parties may, but are notrequired to, serve discovery on the undersigned.
Thejudge will not discuss the case with any party, or representative on anex parte basis. Ifa party has a non-substantive matterto discuss, they should contact Mr. Ira Leibowitz, Attorney/Advisor (202) 366-2139 (Ira.Leibowitz@dot.gov). Administrative matters may be addressed to StaffAssistant, Pat Matthews [202-366- 5121]**~atricia.Matthews@dot.gov).** WHEREFORE, the parties be and are hereby ORDERED to adhere to the following procedural schedule:
1. Venue shall be Phoenix, AZ.;
2. On orbefore October 1, 2013, the parties shall conclude all discovery including, butnot limited to, depositions, documentproduction, responses to production requests and/orinterrogatories. Ifthe parties cannotresolve a discovery dispute they shall submit the dispute to the undersigned for resolution in a timely manner; 3. The parties shall be preparedto present this case at a hearing on or after October 1, 2013 4

, 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 ofthe transcript; Respondent shall its brieffifteen (15) days

3 "Thepublic policy offavoring and encouraging settlement makes necessary the inadmissibility of settlementnegotiations in order to foster frank discussions". Fiberglass Insulators, Inc. v Dupuy, 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 inthe course of settlement negotiations. 4 14 C.F.R. § 13.221 states: "The administrative lawjudge shall give eachparty at least 60 days notice of the date, time and location ofthe hearing." Ifthe parties can agree ontentative 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 briefbythe 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 withthe applicable rules, 5 is received bythe presiding judge.6

6. Theparties are advised that submissions sentto the street address ofthe U.S. Department ofTransportation, Office ofHearings, maybe delayed due to screening conducted bythe 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 encomaged, butnotrequired, to file submissions by private delivery service, facsimile, or email. The certificate ofservice shall reflect the manner ofservice. Theparties are encouraged to provide email addresses to expedite service of pleadings.

# ~C,~~ Richard C. Goodwm U.S. Administrative LawJudge
Attachment

- Service List

5 14 C.F.R. § 13.215 states: "At any time before or during a hearing, an agency attorney may withdraw a complaint orparty may withdraw a request for ahearing 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 DocketNo. CP03S00045, DMS. No. FAA-2003- 16379, "Order Terminating Proceeding", served February 26, 2005; citing Kerrv James Eldridge, FAA Docket CP89GL0458, "Order CancelingHearing 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

Christopher Pappaioanou, Vice President

and General Counsel MesaAir Group 410 N. 44th Street, Suite 100 Phoenix, AZ 85008 TEL: 602-685-4000 FAX: 602-685-4350
Robert C. Cohn, Respondent's Counsel Patrick R. Rizzi, Respondent's Counsel Hogan Lovells US LLP Columbia Square 555 Thirteenth Street, N.W. Washington, DC 20004 TEL: 202-637-4999/5659 FAX: 202-637-5910 robert.cohn@hoganlovells.com patrick.rizzi@hoganlovells.com 

### ONE COPY

Theodore P. Byrne, Complainant's Counsel Attorney, Office ofRegional Counsel Western-Pacific Region, AWP-7 Federal AviationAdministration P.O. Box 92007 Los Angeles, CA 90009-2007 TEL: 310-725-7112 FAX: 310-725-6816 FDMS No. FAA-2013-0614 (Civil Penalty Action)

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., Wilbur Wright Building-Suite 2WIOOO, Washington, DC 20591; Attention: Hearing Docket Clerk, AGC-430. 4

### The Honorable Richard C. Goodwin,AdministrativeLawJudge 

### Office ofHearings, M-20 U.S. Department ofTransportation 1200 NewJersey Avenue, S.E. (E11-310) Washington, DC 20590 TEL: 202-366-2139 Attorney-Advisor 202-366-5121 StaffAssistant FAX: 202-366-7536

5