SERVED FEBRUARY 18, 2010 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASfflNGTON, D.C. 

IN THE MATTER OF 

SKYDIVE KENTUCKY LLC, 

Respondent. 

FAA DOCKET NO. CP09CEOOO4 

(Civil Penalty Proceeding) 

DMS NO. FAA-2009-1047 

ADMINISTRATIVE LAW JUDGE'S PREHEARING 

ORDER ESTABLISHING PROCEDURES 

This case has been assigned to me for the conduct of the hearing and 

other procedural steps as prescribed by the Department's Rules of Practice in 

FAA Civil Penalty Cases. The full text of the Rules of Practice is found in 

14 C.F.R. §§ 13-201-13.235 (2008).' In order to expedite the consideration 

and disposition of the issues, the following principles and procedures will be 

followed: 

1. Appearances. Each party is required to send me as promptly as 

possible, a notice of appearance of the person or persons who will represent 

that party during this proceeding. The notice should include the 

representative's name, mailing address, telephone number, telefax number, 

and e-mail address. The appearances should be kept current. 

2. Filing. All documents that the rules require to be filed with FAA 

Dockets should be sent to: 

^ : ' I • '":-:'^~T,'T;f!V | 

! l i 

' The Rules of Practice, as well as other materials relating to civil penalty cases, are available on the 

Internet at 

http://faa.gov/about/office org/headquarters ofFices/aec/pol adiudication/AGC400/Civil Penalty/. 
Federal Aviation Administration 

800 Independence Avenue, S.W. 

Washington, D.C. 20591 

Attention: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building—Suite 2W1000^ 

A copy of each document should also be sent to me and to the person 

representing the other party to the case. 

3. Mail. Although the Procedural Rules provide for service of papers 

by mail, the punctuality of the U.S. Postal Service's delivery to offices in the 

Department is uncertain. When you send any document (either one required 

or permitted to be provided directly to the administrative law judge or a copy 

of a documents required to be filed with FAA Dockets) to me, you should 

use a private delivery service, e-mail or telefax. My contact information is: 

Hon. Isaac D. Benkin, Administrative Law Judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

1200 New Jersey Ave., S.E. 

Washington, D.C. 20590 

E-mail: david.benkin@dot.gov 

Telefax: (202) 366-7536 

4. Dispositive motions. All dispositive motions (motions for 

judgment on the pleadings, summary judgment, etc.) must be filed not later 

than 30 days before the date set for the hearing. 

5. Time and place of the hearing. Subject to the availability of 

facilities, I plan to conduct the hearing in Louisville, Kentucky 

on May 4, 2010. If either of the parties wishes to change the date or place of 

the hearing, please so advise me within the next 20 days. 

6. Extensions of time. Ifyou plan to seek an extension of the 

deadline to file a document or take an action or of the hearing date, please 

first contact the person representing the other party to find out whether there 

will be an objection to the request. Also, seek to secure agreement on an 

^ Only if sent by U.S. Postal Service. Serve in person or by expedited courier to Federal Aviation 

Administration, 600 Independence Avenue, S.W., Wilbur Wright Building - Suite 2W1000, Washington, 

D.C. 20591; Attention: Hearing Clerk, AGC-430. 
alternate date and time that is acceptable to all parties. I normally accept a 

representation that there is no objection to such a request. 

7. Discovery. Discovery should begin promptly and should be 

completed within 30 days fi*om the date this order is served. The deadline ^ 

for completion of discovery may be extended only for good cause shown. If 

a party objects to one or more discovery requests, it may file a motion for a 

protective order, attaching or incorporating only the discovery request or 

requests to which it objects. If a party is dissatisfied with a response to 

discovery, it may file a motion to compel, attaching or incorporating only 

the discovery request to which its motion relates. 

8. Exchange of witness lists and proposed exhibits. Not later than 

two weeks before the beginning of the hearing, i^ , on or before April 13, 

2010, parties are required to exchange lists of their witnesses, together with 

a brief statement of the subject matter on which each witness will testify. In 

the case of an expert witness, a resume of the witness's relevant education, 

training, experience, and other qualifications shall be furnished. In addition, 

parties are required to exchange copies of documents they intend to offer in 

evidence. A copy of the proposed exhibits and witness lists should be sent 

to me at the same time it is served. 

9. Settlement. I encourage the parties to settle the case if it is 

possible to do so. The parties should discuss the possibility of settlement as 

soon as possible after the answer is filed and again once discovery is 

completed. If a settlement is reached, the parties should notify me as soon 

as possible. I cannot remove the case from the hearing docket, however, 

until I have received a written withdrawal of the complaint executed by the 

Complainant or a written withdrawal of the request for a hearing executed 

by the Respondent. 
10. Contacts with the judge. I cannot and will not discuss the case 

with any party, or its representative, on an ex parte basis. If a party has nonsubstantive matters it wishes to discuss, please contact my attorney-advisor, 

Mr. Ira Leibowitz. His telephone number is (202) 366-2139. 

IT IS SO ORDERED. 

Isaac D. Benkin 

Administrative Law Judge 
FAA Docket No. CP09CE0004 

(Civil Penalty Action) 

SERVICE LIST 

ORIGINAL & ONE COPY 

Hearing Docket 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Washington, DC 20591 

Attention: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building -Suite 2W1000' 

ONE COPY 

Allen K. Gailor, Respondent's Counsel 

The Gailor Law Office, PLLC 

100 Professional Arts Building 

730 West Market Street 

Louisville, Kentucky 40202 

TEL: 502-584-7217 

FAX: 502-584-4848 

Taneesha D. Marshall, Complainant's Counsel 

Office of the Regional Counsel, Southern Region 

Federal Aviation Administration 

P.O. Box 20636 

Atlanta GA 30320 

TEL: 404-305-5200 

FAX: 404-305-5223 

The Honorable Isaac D. Benkin, Administrative Law Judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

1200 New Jersey Avenue, S.E. 

East Building Ground Floor, Room El2-320 

Washington, DC 20590 

TEL: Attorney 202-366-2139 

Legal Assistant 202-366-2132 

FAX: 202-366-7536 

' 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.