### SERVED: February 11, 2015

U.S. DEPARTMENT OF TRANSPORTATION , OFFICE OF HEARINGS

WASHINGTON, DC

IN THE MATTER OF FEDERAL EXPRESS CORPORTION FAA DOCKETNO. [TO BE ASSIGNED] (Civil Penalty Action) .FDMS NO. FAA 2014-0864

PROCEDURAL ORDER In order to 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, oftheFederal Aviation Regulations2

. Those rules provide, inter alia, thatthe Respondent must file a written Answer or motion within thirty (30) days after service ofthe 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 Answerwithout good cause is deemed an admission ofeach allegation in the Complaint (§ 13.209(£)), andthat, absent agreement ofthe parties, a party seeking an extension of time mustfile a written motion not less than seven (7) days before the document is due, absent good cause shoWfl (§ 13.213(a) and (b)). More specifically, 14 CFR 

### § 13.209 (e) states: A person filing an answer shall admit, deny, or state thatthe person is without sufficient knowledge orinformation to admit or deny, each numbered paragraph ofthe complaint. Any statement or allegation contained inthe complaintthat is not specifically denied in the answer may be deemed an admission ofthe truth of

1 Materials filed in the FAA Hearing Docket (except for materials which are sealed) also available for viewing at htm:llwww.regulations.gov. For additional information see: http://dms.dot.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 on the internet at: http://www..faa.gov/ about/ office_ orglheadquarters _offices/ agclpol_acijudication/ agc4001 civil

_ _penaltyl; see also: http:llecfr.gpoaccess.gov!cgi/tltext/text-idx?c=ecfr&tpl=!ecfrbrowse/Title14114tab _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 ) :.that allegation. A general denial ofthe complaint is deemed a failure to file an answer. Under FAA Order 2150.38 and the Rules governing these proceedings, the Agency attorney and the Respondent are encouragedto considerthe possibility of settlement and compromise ofthis matter. 3 Compromise maybe effected with or

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## s .n1 111

. NOTE: This presiding Judge does notrequire "Discovery" be served onthe Judge. Other Judges have different policies, but as long as this case is assigned to the undersignedpresiding Judge the parties may, but are notrequired 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] (Patricia.Matthews@dot.gov). WHEREFORE, the parties be and are hereby ORDERED to adhere to the following procedural schedule: 1. Venue shall be Austin, TX.; 2. On orbefore June 1, 2015, theparties shall conclude all discovery including, but not limitedto, depositions, documentproduction, responses to production requests and/or interrogatories. Ifthe parties cannot resolve a discovery dispute they shall submitthe dispute to the**unde~signed** for resolution in a timely manner; 3. Theparties shall beprepared to presentthis case at ahearing on or after June 1 , 2015\ subjectto the availability ofcourtroom facilities. The specific date and time for the hearing will be.forthcoming in a separate Order. 4. Theparties will have the opportunity to file Post-Hearing briefs and arguments pursuantto 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 filed seven (7) days thereafter.

3 "Thepublic policy offavoring and encouraging settlement makes necessary the inadmissibility of settlementnegotiations in order to foster frank discussions". Fiberglass Insulators, Inc. v Dupuy, 856 F. 2d 652, 653 (4 Cir. I988); Wright & Graham, FederalPractice 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." lf.the parties can agree on tentative hearing dates, they are encouraged to provide those dates to the court and/or Ms.·Matthews in order to get the dates reserved on thejudge's calendar. 2

### 5. Settled cases will not be removed from the hearing docket until the proper written pleading(s), consistent with the applicable rules,5 

### is received by the presiding . d 6 

### JU ge. 6. The parties are advised that submissions sent to the street address ofthe U.S. Department ofTransportation, Office ofHearings, may be delayed due to screening conductedby the U.S. Postal Service and/or other security agencies and maytake 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, or email. 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. Goodwin U.S. Administrative Law Judge Office ofHearings, M-20 U.S. Department ofTransportation 1200 New Jersey Avenue, S.E. (E11-310) Washington, D.C. 20590 Attn: Patricia Matthews (Richard.Goodwin@dot.gov) Administrative matters shouldbe directed to PatriciaMatthews, StaffAssistant (202) 366-5121 (Patricia.Matthews@dot.gov). All othermatters shouldbe addressed in writing/email to Judge Goodwin.

Richard C. Goodwin U.S. Administrative Law Judge Attachment

- ServiceList

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 for 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 Jawjudge sha11 dismiss the proceedings under this subpart with prejudice." 6 See: In the Matter ofLewis Drake & Associates, FAA Docket No. 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 1. 

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### SERVICE LIST- BY U.S. 

### MAIL ORIGINAL & 

### ONE COPY Federal AviationAdministration 800 Independence Avenue, S.W. Washington, DC 20591 Attention: Hearing Docket Clerk, AGC-430 Wilbur WrightBuilding-Suite2W1000 1

Greg Stofko, 

### Respondent's Counsel 1700 Pennsylvania Ave., N.W. Suite 950 Washington, D.C. 20006 TEL: 202-393-9285 FAX: 202-628-0654 EMAIL: greg.stofko@fedex.com James Archier, 

### Complainant's Counsel Federal AviationAdministration Office ofthe Regional Counsel 2601Meacham Boulevard FortWorth, TX 76137 TEL: 817-222-5074 FAX: 817-222-5945/5092 

### ONE COPY

The Honorable Richard C. Goodwin,

### Administrative Law Judge Office ofHearings, M-20 U.S. Department ofTransportation 1200 NewJersey Avenue, S.E. (E11-310) Washington, DC 20590 TEL: 202-366-5121 StaffAssistant FAX: 202-366-7536 DocketNo. FAA-2014-0864 (Civil Penalty Action)

1 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 2Wl000, Washington, DC 20591; Attention: Hearing Docket Clerk, AGC-430.


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