SERVED NOVEMBER 10, 2010 

DEPARTMB^OF, 

U.S. DEPARTMENT OF TRANSPORTATION • P.\NSPORTATlUN 

OFFICE OF HEARINGS • TKtT OPERATIONS 

WASHINGTON, DC 

2010 NOV 10 P 2- 3 0 

IN THE MATTER OF 

CONTINENTAL AIRLINES, INC. 

FAA DOCKET NO. CP10SW0012 

(Civil Penalty Action) 

DMS No. FAA-2010 - 0979 

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 written 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 tlie document is due, 

absent good cause shown (§ 13.213(a) and (b)). 

More specifically, 14 CFR § 13.209 fe) 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. 

' 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/ojficejyrg/lieadquaners_offices/agc/poljadjudication/agc400/civil_penalty/; see 

also: http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&tpl=/ecfrbrowse/ritlel4/14tab_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 
w L 

Under FAA Order 2150.3B and the Rules governing these proceedings, the 

Agency attorney and the Respondent are encouraged to consider the possibility of 

settlement and compromise of this matter.^ Compromise may be effected with or 

;withcmt a: finding of violation (14 C.F.R. §13.16 (n)(l)). 

NOTE: This presiding Judge does not require "Discovery" to be served on the 

Judge. Other Judges have different policies, but as long as this case is assign«l to the 

undersigned presiding Judge the parties may, but are not required, serve discovery on the 

undersigned. 

The judge will not discuss the case with any party, or its representative on an ex 

parte basis. If a party has a non-substantive matter to discuss, they should costact the 

judge's attorney-advisor, Mr. Ira Leibowitz at (202) 366-2139 (Ira.LeibowitZ@dot.gov). 

Administrative matters may be addressed to the judge's. Legal Assistant, Pat Matthews 

[202-366-5121] (Patricia.Matthews@dot.gov). 

WHEREFORE, the parties be and are hereby ORKERED to adhere to the 

following procedural schedule: 

1. Venue shall be Houston, TX.; - • 

2. On or before March 1,2011, the parties shall cmrclude all discovery iiietodiiig, 

but not limited to, depositions, document production, responses to ^^c^lM^oh 

requests and/or interrogatories. If the parties caimot resolve a disccv^^^^ispute 

they shall submit the dispute to the undersigned for resolution in a tttt^y ; 

V maimer; 

3. NOTICE IS HEREBY GIVEN the parties shall be prepared to pieseirtifislease 

at a hearing on or after March 1, 2011^, subject to the availability of courtroom 

facilities. • 

4. The parties will have the opportunity to file Post^Hearing briefs andi 

pursuant to a schedule to be determined at the heating. For guidimc^, i 

following schedule is typically used: Complaint «haU file its^def ^^iecxi (15) 

days after receipt of the transcdpt; Rei^ndent sfaaU^ its brief fiftecQ (l^ltoys 

thereafter; and any rebuttal brief by the Complainant shall be filed seif^^^t) 

days thereafter. 

5. Settled cases will not be removed from the hearing docket until the pK^per 

written pleading(s), consistent with the applicable mles,^ is texxiy^M^A^ 

presiding judge.*^ ' ^ 

^ See Linda Joyce Goodman. FAA Docket No, CP89WP006I, Qrder dated May 30,1989. 

* 14 C.F.R. § 13.221 states: "The administrative law judge shall give eadi party at least 60>da3lt|^otice of 

the date, time and location of the hearing." ';-> 

14 C.F.R. § 13.215 states: At any time before or during a hearing, anagency attontey 0ui3^f|lfii|^W a 

complaint or party may withdraw a request for a hearing without the consent of the adiiiiMstrwwlaw 
6. 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. 

Lichard C. Goodwin 

U.S. Administrative Law Judge 

Attachment - Service List 

judge. If an agency attorney withdraws the complaint or a party withdraws the request for a hearing and the 

answer, the administrative law judge shall dismiss the proceedings under this subpart with prejudice. 

^ 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 I; In The Matter of Robert Harris FAA Docket No. CPQ3EA0001. DMS No. FAA-2002-14236., Orders 

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

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". In The Matter of Robert Harris. FAA Docket No. CP03EA0001. DMS No. FAA2005-14, August 15, 2005. 
/ . 

FAA Docket No. C3»10SW0012 

(Civil Penalty Action) 

SERVICE UST 

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' 

ONE COPY 

Thomas Newton Boiling, Respondent's Coimsel 

Managing Attorney, Regulatory Affairs 

Contineptal Airlines, Inc., Respondent 

1600 Smith Street, 15* Floor HQSLG 

Houston, TX 77002 

TEL: 713-324-5131 

FAX: 713-324-5160 

Tim Duff, Complainant's Counsel 

Attorney, Office of Regional Counsel, ASW-7 

Southwest Region 

Federal Aviation Administration 

2601 Meacham Blvd. 

Ft. Worth, TX 76193-0007 

TEL 817-222-5099 

FAX 817-222-5945/5092 

The Honorable Richard C. Goodwin, Administrative Law Judge 

U.S. Department of Transportation 

Office of Hearings, M-20, 

1200 New Jersey Avenue, S.E. 

East Building, Ground Floor, Room El2-320 

Washington, D.C. 20590 

TEL: Attorney-Advisor 202- 366-2139 

Legal Assistant 202-366-5121 

FAX: 202-366-7536 

' Service was by U.S. Mail. For service in person or by eTcpedited courier, use the following addrip^: Federd 

Aviation Administration, 600 Independence Avenue, S.W., Wilbur Wright Building—Suite 2WlOd6, Washington, 

DC 20591; Attention: Hearing Docket Clerk, AGC-430.