### SERVED: APRIL 20, 2012

U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS

WASHINGTON, DC

IN THEMATTER OF 

### MIDWEST JET CHARTER, INC. FAADOCKET NO. [TO BEASSIGNED] (Civil Penalty Action) FDMS NO. FAA-2012- 0029



### PROCEDURAL ORDER 

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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, 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 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, 14 CFR § 13.209 (e) states: A person filing an answer shall admit, deny, or state that the person is without sufficientknowledge or informationto admit or deny, each numbered paragraph ofthe complaint. Any statement or allegation contained inthe complaint that is not specifically denied in the answer maybe deemed an admission ofthe 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

1 Materials filed in the FAAHearing 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 on the internet at: http:llwww.faa.gov!aboutloffice_org/headquarters_offices!agc!pol_adjudication!agc400/civil_penalty/; see also: http://ecfr.gpoaccess.govlcgi!t/text!text-idx? c=ecfr&tpl=lecfrbrowse/Titlel4114tab _02.tpl. In addition, ThomsonReuters/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

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### settlement and compromise ofthis matter.3 

### Compromise may be effected with or without a finding ofviolation (14 C.F.R. §13.16 (n) (1)). 

### NOTE: This presiding Judge does notrequire "Discovery" to be served onthe Judge: OtherJudges have different policies, but as long as this case is assigned to the undersigned presidingJudge the parties may, but are notrequired, serve discovery on the undersigned. Thejudge will not discuss the case with any party,4 

### or its representative on an ex parte basis. Ifa partyhas a non-substantive matter to discuss, they should contact the judge's attorney-advisor, Mr. Ira Leibowitz at (202) 366-2139 (Ira.Leibowitz@dot.gov). Administrative matters maybe 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 Chicago, IL; 2. On orbefore July 1, 2012, the parties shall conclude all discovery including, but not limited to, depositions, document production, responses to production requests and/or interrogatories. Ifthe parties cannot resolve a discovery dispute they shall submit the dispute to the undersigned for resolution in atimely manner; 3. Theparties shall beprepared to present this case at a hearing on or after July 1, 20125

, 

### 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 opportunityto 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 anyrebuttal briefbythe Complainant shall be filed seven (7) days thereafter.

3 SeeLinda Joyce Goodman, FAADocketNo. CP89WP0061, Order dated.May 30, 1989. 4 "Thepublic policy offavoring and encouraging settlement makes necessary the inadmissibility of settlement negotiations in order to foster frank discussions"

..(Fiberglass Insulators, Inc. v Dupuy, et al, (856 F. 2d 652, 26 Fed. R. Evid. Serv. 1225, 1988. See also Coakley & Williams Construction, Incorporated v Structural Concrete Equipment, Incorporated, 973 F.2d 349, 1992; 2 McCormick onEvid. §266 (6th ed.); Rule 68 ofthe Federal Rules ofCivil Procedure.). Rule 408 ofthe Federal Rules of Evidence"

...prohibits the admission ofstatements made in compromise negotiations

..." (In the Matter of Africa Air Corporation, FAA OrderNo. 99-5). "Rule 408's public policypurpose ofencouraging frank settlement discussions is as compelling in FAA civil penalty proceedings as it is inFederal Trials. Hence, its guidance will be followed in these proceeds." (Id.) 5 14 C.F.R. § 13.221 states: "The administrative lawjudge shall give eachparty at least 60 days notice of the date, time and location ofthe hearing." 2

### 5. Settled cases will not be removed from the hearing docket until the proper written pleading(s), consistent with the applicable rules, 6 

### is received by the presiding judge.7


### 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 conducted bythe U.S. Postal Serviceand/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 notrequired, to file submissions by private delivery service, facsimile, or email. The certificate ofservice shall reflect the manner ofservice. The parties are encouraged to provide email addresses to expedite service of pleadings.

# ~0£~~ U.S. Administrative Law Judge Attachment

- Service List

6 14 C.F.R. § 13.215 states: At any time before or during a hearing, an agency attorney may withdraw a complaint or party may withdraw a request for a hearing without the consent ofthe administrative law judge. Ifan agency attorney withdraws the complaint or aparty withdraws the request for a hearing and the answer, the administrative lawjudge shall dismiss the proceedings under this subpart with prejudice. 7 See: In the Matter ofLewis Drake & Associates, FAA Docket No. CP03S00045, DMS. No. FAA-2003- 16379, "Order Terminating Proceeding", served February 26, 2005; citing Kerry James Eldridge, FAA Docket CP89GL0458, "OrderCanceling Hearing and Terminating Proceeding", served January 16, 1991,. at 1; In The Matter ofRobert Harris FAADocket No. CP03EAOOOI. DMS No. FAA-2002-14236., Orders dated October 18,2004 and October 27, 2004. USAIR, Inc., FAA Docket CP90NE0359, Trans World Airlines, Inc., FAADockets CP90GL0085, CP90CEOJIO, 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 ofRobert Harris, FAADocket No. CP03EA0001. DMS No. FAA2005-14, August 15,2005.


### 3

### 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-Suite 2W1000 1



### Tim Lodes Director ofHumanResources Midwest Jet Charter, Inc. 412 Airport Road Mattoon, IL 61938 

### ONE COPY

BrianaMartino, Complainant's Counsel 

### Attorney, Office ofthe Regional Counsel, AGL-7 Great Lakes Region Federal Aviation Administration 2300 East Devon Avenue Des Plaines, IL 60018 TEL: 847-294-7313 FAJ(: 847-294-7498 The Honorable Richard C. GoodWin, Administrative LawJudge 

### Office ofHearings, M-20 U.S. Department ofTransportation 1200 New Jersey Avenue, 

## s:E. Washington, DC 20590 TEL: 202-366-2139 Attorney-Advisor 202-366-5121 StaffAssistant/Paralegal FAJ(: 202-366-7536 FDMS No. FAA-2012-0029 (Civil Penalty Action)

1 Service wasby U.S. Mail. For service inperson orby expedited courier, use the following address: Federal Aviation Administration, 600 Independence Avenue, S.W., WilburWright Building-Suite 2Wl000, Washington, DC 20591, Attention: Hearing Docket Clerk, AGC-430.