### SERVED: JULY 29,2014 U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS

WASHINGTON, DC
IN THE MATTER OF 

### Kenneth Santodomingo DOCKET NO. FAA 2014-0407 (Civil Penalty Action).

PROCEDURAL ORDER 

### In orderto expedite the hearing in this matter, the parties shall comply with the Procedural Schedule set forth hereinbelow'. 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 or motion 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(±)), and that, 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 CPR§ 13.209 (e) states: A person 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 inthe 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 additi.onal 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/office_org/headquarters_offices/ age/pol

__adjudication/ agc4001 civil _penalty!; see also: http:l/ecfr.gpoaccess.gov/cgi/tltext/text-idx?c=ecfr&tpl=lecfrbrowse/Title141/4tab_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 notrequire "Discovery" 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 to, serve discovery on the undersigned. Thejudgewill not discuss the case with any party, orrepresentative on an ex parte basis. Administrative matters maybe 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 Dallas, TX.; 2. On orbeforeNovember I, 2014, the parties shall conclude all discovery including, but not limitedto, depositions, documentproduction, responses to productionrequests and/or interrogatories. Ifthe parties cannotresolve a discovery dispute they shall submitthe dispute to the undersigned for resolution in a timely manner; 3. The parties shall be prepared to presentthis case at a hearing on or after November 1, ,2014\ subjectto the availability ofcourtroom facilities. The specific date and time for the hearing will be forthcoming in a separate Order. 4. Theparties will havethe opportunity to file Post-Hearing briefs and arguments pursuantto a scheduleto be determined atthehearing. 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 thereafter; and any rebuttal briefby the Complainant shall be filed seven 

### (7) days thereafter.

3 "Thepublic policy offavoring and encouraging settlement makes necessary the inadmissibility of settlement negotiations in order to 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 ofthe Federal 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." Iftheparties can agree on tentative hearing dates, they are encouraged to provide those dates to the court and/or Ms. Matthews in orderto get the dates reserved on thejudge's calendar. 2

### 5. Settled cases will not be removed from the hearing docket until the proper written pleading(s), consistent with the applicable rules,5 

### is received by the 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 conductedby the U.S. Postal Serviceand/or other security agencies and maytake up to four (4) weeks to be delivered. Additionally, submissions may be "irradiated", which affects the quality ofsubmissions. The parties are encouraged, butnotrequired, to file submissions byprivate delivery service, facsimile, or email. The certificate ofservice shall reflectthe manner ofservice. The parties are encouraged to provide email addresses to expedite service of pleadings. 7. All documents are to be submitted to the undersigned as follows: HON. Richard C. Goodwin U.S. Administrative Law Judge Office ofHearings, M-20 U.S. Department ofTransportation 1200NewJersey Avenue, S.E. (Ell-310) Washington, D.C..20590 Attn: PatriciaMatthews (Richard.Goodwin@dot.gov) Administrative matters should be directed to Patricia Matthews, StaffAssistant (202) 366-5121 (Patricia.Matthews@dot.gov). All other matters should be addressed inwriting/email to Judge Goodwin.

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 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 DocketNo. CP03S00045, OMS. No. FAA-2003- 16379, "OrderTerminating Proceeding", served February 26, 2005; citing Kerry James Eldridge, FAA Docket CP89GL0458, "Ord.er Canceling Hearing and Terminating Proceeding", served January 16, 1991, at 1. 

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### 1 SERVICE LIST- BY U.S. MAIL 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



### Kenneth Santodomingo, Respondent 

### Reg. No. 45762-177 P.O. Box 9000 Seagoville, TX 75159-9000 ONE COPY



### Gregory S. Lander, Complainant's Counsel 

### Safety Enforcement Branch Federal Aviation Administration 2601 Meacham Blvd. Fort Worth, TX 76137-0007 TEL: 817-222-5083 FAX: 817-222-5945 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 DocketNo. FAA-2014-0407 (Civil Penalty Action)

1 Service was by U.S. Mail. For service in person or by 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.
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