SERVED JUNE 30, 2011 

:;;AR]>eTOF, 

U.S. DEPARTMENT OF TRANSPORTATION , ;/Vj';;^^^9nn-'^/r"^^^^^^ 

OFFICE OF HEARINGS " ' ^"'-' ^^1 iUI\o 

WASHINGTON, DC . , ,, , _ 

,:-:! o!JL - i P i: 2b 

IN THE MATTER OF 

GREENWOOD CHEVROLET 

FAA DOCKET NO. [TO BE ASSIGNED] 

(Civil Penalty Action) 

FDMS NO. FAA-2011 - 0482 

PROCEDURAL ORDER 

In order to expedite the hearing in this matter, the parties shall comply with the 

Procedural Schedule set forth hereinbelow'. The Rules of Practice for this proceeding 

are set forth in 14 C.F.R. Part 13, Subpart G, of the Federal Aviation Regulations^. 

Those rules provide, inter alia, that the Respondent must file a wTitten Answer or motion 

within thirty (30) days after service of the Complaint (14 C.F.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 of each allegation in the Complaint 

(§ 13.209(f)), and that, absent agreement of the 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 shovm (§ 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 

sufficient knowledge or information to admit or deny, each numbered paragraph 

of the complaint. Any statement or allegation contained in the complaint that is 

not specifically denied in the answer may be deemed an admission of the truth of 

that allegation. A general denial of the 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 consider the possibility of 

' Materials filed in the FAA Hearing Docket (except for materials filed in security cases) are also available 

for viewing at http://www. regulations, gov. 

^ The Administrator's civil penalty decisions, along with indexes of the decisions, the Rules of Practice, as 

well as other materials relating to civil penalty cases, are available on the internet at: 

http://www.faa.gov/about/office_org/headquartersj3ffices/agc/poladjudication/agc400/cml_perialty/; see 

also: http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&tpl=/ecfrbrowse/Titlel4/14tab_02.tpl. In 

addition, Thomson ReutersAVest 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 
settlement and compromise of this matter. CQV0ppQ]SUS9 may be effected with or 

without a finding of violation (14 C.F.H.'§l3^lS^aU 

NOTE: This presiding Judge does not JKK^tUipe "Discovery" to be served on the 

Judge. Other Judges have different policies, hiait a^lo^g as this case is assigned to the 

undersigned presiding Judge the parties itt^y; j^'i^ifelfibttequired, serve discovery on the 

undersigned. 

The judge will not discuss the case wi^iiny paity, or its representative on an ex 

" " ~ ' . . K ^ ^ 

gov). 

Administrative matters may be addressed to &e judge*s. Legal Assistant, Pat Matthews 

[202-366-5121] (Patricia.Matthews@dot.gOV)^^'! '< 

WHEREFORE, the parties be and au«5 J^ij ^ ORDERED to adhere to the 

following procedural schedule: I^JlWdJi i 

1. Venue shall be San Francisco, CA,y -

2. On or before October 1,2011, th<?] 

but not limited to, depositions, di 

requests and/or interrogatories 

they shall submit the dispute to tt}(ii 

manner; 

^g&tl^iude all discovery inijlading, 

^^ ii»ti, responses to pi!odi^on 

ll^iitpt resolve a discovieiydis^irte 

Ibir resolution in a tiinely ' 

3. NOTICE IS HEREBY GIVEN th^sj 

at a hearing on or after October 1, Sfeli 

facilities. 

|^ty||j|»i|)iq>ared to prese&t tl:ds c^e 

l^lbe availability of couilroom 

^Mrk The parties will have the opportimii^|()^|p|^^ 

pursuant to a schedule to be detqciOiil^^ 

following schedule is typically upjB 

days after receipt of the transcrii||| 

thereafter; and any rebuttal brief if;^ j 

days thereafter. 

*l|^||^nng briefs and ax^unents 

For guidanoB^ the 

,lfileitsbri!effift»ii(15) 

llts brief fifteai (ISfdays 

t shall be filed seven ( ^ 

5. Settled cases will not be removedJ|||^^ 

written pleading(s), consistent wi|ty 

presiding judge.^ 

jlllt^et until thefit)per 

m^ is received4v1fafe-

' See Linda Joyce Goodman, FAA Docket No. CB|Si 

* 14 C.F.R. § 13.221 states: "The administrative ^^ 

the date, time and location of the hearing." 

^ 14 C,F.R. § 13.215 states: At any time before oi^ 

complamt or party may withdraw a request for a 

judge. If an agency attorney withdraws the conq>J 

answer, the administrative law judge shall dismiss 

May 30,1989., .j 

1^party at least eSidm^noUee of 

llgi^acy attorney may ^thdrawa 

of the adminijItFBtil^ ia# 

:^e miuest fer a |^4^tti^ii^d the 

this subpart with ^wejiiSlcie/' 
^ 

i • The parties are advised that submissions sent to the street address of the U.S. 

Department of Transportation, Office of Hearings, 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 of submissions. The parties are 

encouraged, but not required, to file submissions by private delivery service, 

facsimile, or email. The certificate of service shall reflect the manner of service. 

iwm 

U.S. Administrative Law Judge 

Attachment - Service List 

^ See: In the Matter of Lewis Drake & Associates, FAA Docket No. CP03SO0045, DMS. No. FAA-2003-

16379, "Order Terminating Proceeding", served February 26, 2005; citing Kerry James Eldridge. FAA 

Docket CP89GL0458, "Order Canceling Hearing and Terminating Proceeding", served January 16, 1991, 

at 1; In The Matter of Robert Harris FAA Docket No. CP03EA0001. DMS No. FAA-2002-14236., Orders 

dated October 18,2004 and October 27,2004. USAIR. Inc.. FAA Docket CP90NE0359. Trans Worid 

Airlines. Inc.. FAA Dockets CP90GL0085. CP90CE0110. CP90CE0114. CP90CE0134. Order of 

Administrative Law Judge Burton S. Kolko, served April 8, 1992, p. 2. See "Order Dismissing 

Complainant's Appeal", hi The Matter of Robert Harris. FAA Docket No. CP03EA0001. DMS No. FAA2005-14, August 15,2005. 
;

ORIGJ 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Washington, DC 20591 

Attention: Hearing Docket Clerk, A<3€!-430 

Wilbur Wright Building-^i^di= 

FDMS No. FAA-2GI 1-04^2 

(Civil Pefi^tylAction) 

"si.!^ . 

?•*• 

fimv 

Houston N. Tuel, Jr., Respondent's Counsel 

Law Offices of Houston Tuel 

1550 Harbor Blvd., Suite 206 

West Sacramento, CA 95691 

TEL: 916-376-0100 

FAX: 916-376-0299 

Lisa J. Toscano, Complainant's Counsel 

Attorney, Office of the Regional Counsel, AWP*7 

Western-Pacific Region 

Federal Aviation Administration 

P.O. Box 92007 

Los Angeles, CA 90009-2007 

TEL: 310-725-7110 

FAX: 310-725-6816 

The Honorable Richard C. Goodwin, AcbniMs^m^ 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: 202-366-2139 Attorney-Advisor 

202-366-5121 Legal Assistant 

FAX: 202-366-7536 c 

'i. / 

4? 

' Service was by U.S. Mail. For service io 

Federal Aviation AdtninisttBtion, 600 Independence K^ 

Washington, DC 20591, Attention: Hearing Docket 

ier, useflwfiHlov 

WriglitBuild 

Flllilress: 

-2-