### SERVED: MAY 29, 2012

U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS

WASHINGTON, DC


### LISA GAMACHE-WORTMAN
FAADOCKETNO. CP10AL0005 (Civil Penalty Case) DMS FAA-2010-1081


### ORDER PURSUANT TO REMAND This matter was remanded to the undersigned on May 22,2012. In order to expedite the hearing inthis matter, the parties shall comply withthe Procedural Schedule set forth hereinbelow1 : 

### The Rules of

### Practi~e for this proceeding are setforth 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 extensionof 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 CFR § 13.209 (e) states: A person filing an answer shall admit, deny, or state that the person is without sufficientknowledge orinformation to admit or deny, eachnumbered paragraph ofthe complaint. Any statement or allegation contained in the complaint that is not specifically**deni~d'**

### in t];I.e answer may be deemed an admission

## otflie truth of ·that 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

1Materials filed inthe FAA Hearing Docket (except for materials filed in security cases) are also available for viewing at http://www.regulations.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 onthe internet at: http://www.faa.gov/ about/office_org/headquarters_offices/ age/pol_acljudicationlagc400/civil _penalty/; see also: http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&tpl=/ecfrbrowse/Titlel4/14tab

_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. 

### 1 

### '). ") 8 '·" t. lsettlement 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" to be served on the Judge. OtherJudges have different policies, but as long as this case is assigned to the undersigned presidingJudge the parties may, but are not required, serve discovery on the undersigned. Thejudge will not discuss the case with any party, or its representative on an ex parte basis. Ifa party has a non-substantive matter to discuss, they should contact the judge's attorney-advisor, Mr. Ira Leibowitz at (202) 366-2139 (lra.Leibowitz@dot.gov). Administrative matters may be addressed to thejudge's, Legal Assistant, Pat Matthews [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 Seattle, WA.; 2. Onorbefore August 1, 2012, the parties shall conclude all discovery including, but not limited to, depositions, documentproduction, responses to production requests and/or interrogatories. Iftheparties cannot resolve a discovery dispute they shall submit the dispute to the undersigned for resolution in a timely manner; 3. NOTICE IS HEREBY GIVEN the parties shall be prepared to presentthis case at a hearing on or after August 1, 20124

, subject to the availability ofcourtroom facilities. 4. The parties will have the opportunity to file Post-Hearing briefs and arguments pursuant to a schedule to be determined atthe hearing. For guidance, the following schedule is typically used: Complainant shall file its brieffifteen (15) days after receipt o:Fthe transcript; Respondent shall its brieffifteen{+5) days thereafter; 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 writtenpleading(s), consistent with the applicable rules,5 is received bythe presidingjudge.6

3 See LindaJoyce Goodman, FAA Docket No. CP89WP0061, Order dated May 30, 1989. 4 14 C.F.R. § 13.221 states: "The administrative lawjudge shall give eachparty atleast 60 days notice of the date, time and location ofthe hearing." 5 14 C.F.R. § 13.215 states: At any time before orduring a hearing, an agency attorney maywithdraw a complaint orparty may withdraw a request for a hearing without the consent ofthe administrative law judge. Ifan agency attorney withdraws the complaint ora party withdraws the request for a hearing and the answer, the administrative lawjudge shall dismiss the proceedings under this subpart with prejudice. 26. 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, butnotrequired, to file submissions by private delivery service, facsimile, or email. The certificate ofservice shall reflect the manner ofservice.

"chard C. Goodwin U.S. Administrative Law Judge Attachment

- Service List

6 See: Inthe Matter ofLewis Drake & Associates, FAA DocketNo. CP03S00045, DMS. No. FAA-2003- 16379, "OrderTerminating Proceeding", served February 26, 2005; citing Kerry James Eldridge, FAA Docket CP89GL0458, "Order Canceling Hearing and Terminating Proceeding", served January 16, 1991, at I; In The Matter ofRobert Harris FAA Docket No. CP03EAOOOI. DMS No. FAA-2002-14236., Orders dated October 18,2004 and October27,2004. USAIR. Inc., FAADocket CP90NE0359, Trans World Airlines, Inc., FAA Dockets CP90GL0085, CP90CEOIIO, CP90CE0114, CP90CE0134, Order of Adillinistrative Law Judge Burton S. Kolko, served Apri18, 1992, p. 2. See "Order Dismissing Complainant's Appeal". In The Matter ofRobert Harris, FAA DocketNo. CP03EA0001. DMS No. FAA2005-14, August 15, 2005.
3FAA Docket No. CPIOAL0005 (Civil Penalty Action) 

### 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-Suite2W1000 1

Lisa Gamache-Wortman, 

### Respondent P.O. Box 12793 Olympia, WA 98508-2793 · 

### ONE COPY

Kyle E. Lomazow, 

### Complainant's Counsel Attorney, Office ofthe Regional Counsel Northwest Mountain Region, ANM-7 Federal Aviation Administration 1601 Lind Avenue, S.W. Renton, W A 98057 TEL: 425-227-1847 FAJ(: 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: 202-366-2139 Attorney-Advisor 202-366-5121 StaffAssistant FAJ(: 202-366-7536

1 Service was by U.S. Mail. For service inperson orby expedited courier, use the following address: Federal Aviation Administration, 600 Independence Avenue, S.W., Wilbur WrightBuilding-Suite 2W1000, Washington, DC 20591; Attention: Hearing Docket Clerk, AGC-430.