### SERVED: August 14, 2015
U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS

WASH'INGTON, DC

IN THE MATTER OF
CLASSIC AIR AVIATION, LLC
Docket No. FAA 2015-2438

PROCEDURAL ORDER
In orderto 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.F.R. Part 13, Subpart G, ofthe Federal Aviation Regulations2• 

### Those rules provide, inter alia, that the Respondent must file a written Answer ormotion within thirty (30) days after service ofthe Complaint (_1_4 

## (·.F.**IL__~'-Ll..:..201.J(a)).** 

### that a general denial is deemed a failure to file an Answer(§ l3.209(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 motion not less than seven (7) 

### days before the document is due, absent good cause shown(§ 13.213(a) and (b)).
More specifically,

## 11**CFR~\_)_3.202_is;l** 

### 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 ofthe complaint. Any statement or allegation contained in the complaint that is not specifically 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 tor viewing at**fm.t;:/lU:Wlf.J.J!R!i!J..t.!_i.!.Lm~w_!.r,.** For additional information see:**b.UJ2~:::~4.!1.~Lf.!Yl,gc[)::.** 2 The Administrator's civil penalty decisions, along with indexes ofthe decisions, the Rules ofPractice, as well as other materialsrelating to civil penalty cases, are available on the internet at: l111p: //www,/ila.gov:'ubol/1/r!tfice.

...r wg/heudq/furlersr1{/ic·esiuge,.j7t>l

____adj11Ji catir111/ug,·-1{){}lei\·if...t)enul 0'/'; see also: http:/leqfr.gpoaccess.govlcgiltltext/te.;'(/-id.x:'!c'=ecfr&tpl=le,:fi·hrowse/Title14114tah

_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.Under FAA Order 2150.38 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 etTected with or without a finding ofviolation 

### (l.:f..

..(

..**'J~~B:.§L~,J.f.!.**

### ..ttJL{j_J.).
NOTE: This presiding Judge does not require "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.
Thejudge will not discuss the case with any party, orrepresentative on an ex parte basis. Administrative matters may be addressed to StaffAssistant, Pat Matthews [202-366-5121]**(Patrici;!,JYl{t.!il1.9..'-:YRtfl~!~l_t,_g~~y).** WHEREFORE, the parties be and are hereby ORDERED to adhere to the following procedural schedule:
1. Venue shall be Phoenix, AZ.;
2. On or before January 

### 8, 2016, the parties shall conclude all discovery including, but not limited to, depositions, document production, responses to production requests and/or interrogatories. lftheparties 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 present this case at a hearing on or afterJanuary 

### 8, 20164

, subject to 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 thereafter; and any rebuttal briefby the Complainant shall be tiled seven (7) days thereafter.
5. Settled cases will not be removed from the hearing docket until the proper written pleading(s), consistent with the applicable rules,5is received by the presiding judge. 6

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. 1 988); 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." Ifthe parties 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. 26. The parties are advised that submissions sentto 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 manner ofservice. The parties are encouragedto provide email addresses to expedite service of pleadings.
7. All documents are to be submitted to the undersigned as follows:
HON. Richard C. Goodwin7 U.S. Administrative Law Judge Office ofHearings, M-20 U.S. Department ofTransportation 1200 NewJersey Avenue, S.E. (Ell-310} Washington, D.C. 20590 Attn: Patricia Matthews 

### (Ric

### tJE,rd.**~J.go~bvi ll(!!l~hJ.!.:.g_Q_y)**  Administrative matters should be directed to Patricia Matthews, StaffAssistant (202) 366-5121**(Patrj_~;,~in,.:Mattll9J:Y~@.dJlL.gQy_).**

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 tor a hearing without the consent ofthe administrative law judge. !fan 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, OMS. 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 I.

7 Effective August 22, 2015, the undersigned will transferto another federal agency as an Administrative Law Judge. 

### 3

### 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-Suite2W1000 1



### Kacie M. Bush, Operations Manager Classic Air Aviation, LLC,**Re.~pondent** 

### 4805 E. Falcon Drive Mesa, AZ 85215 TEL: 602-574-5376
Michael Urbano,**Re.~pondent** 's Coun.\·el 

### Law Offices ofMichael Urbano, PLLC 4809 E. Thistle Drive, STE 1 00 Phoenix, AZ 85042 TEL: 480-759-0035 FAX: 480-759-0042 

### ONE COPY

Jeffrey M. Harper, Complainant's Counsel 

### Federal Aviation Administration Northwest Mountain Region, ANM-7 1601 Lind Avenue Southwest Renton, W A 98057 TEL: 425-227-2161 FAX: 425-227-1007 The Honorable Richard C. Goodwin, Administrative LawJudge 

### Office ofHearings, M-20 U.S. Department ofTransportation 1200 New Jersey Avenue, S.E. (Ell-310) Washington, DC 20590 TEL: 202-366-5121 StaffAssistant FAX: 202-36()-7536 Docket No. FAA-2015-2438 (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