C" SERVED: JANUARY 9, 2012 

[R^NSPORTATION! ^ 

U.S. DEPARTMENT OF TRANSPORTATION.-c-'^pT GPER^ilOilS 

OFFICE OF HEARINGS 

WASHnsIGTORDC /OJ/ jMH 0 P 1^ ^0 

IN THE MATTER OF 

MEDFORD AIR SERVICE, LLC. 

• AA DOCKET NO. [TO BE ASSIGNED] 

(Civil Penalty Action) 

FDMSNO . FAA-2011 - 1289 

PROCEDURA L ORDE R 

. 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^. 

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

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

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

without a finding of violation ("14 C.F.R. ^13.16 fn)(l)). 

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

Judge. Other .ludges have different policies, but as long as this case is assigned 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 parly has anon-substantive matter to discuss, they should contact the 

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

for viewing at htlp./Avww.regulaiivns.£ov. 

^ The Administraior'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: 

hiip://www.faa.gov/aboia/ojricej[>r^/headquarters oJpces/agcJpol_adjudicaii<)n/a^c400/ci\nlj^ see 

also: hilp://ecfr.gpoaccess.sov/cgi/i/iexi/iexi-idx?c^ecfr&ipl=/ecfrbrowse/Tiilcl4/l4tab_02.ip}. 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. 

' See Linda Joyce Goodman. FAA Dockel No. CP89WTO061, Order dated May 30, 1989. 

•* 'The public policy of favoring 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 Slructural Concrete Equipment, Incorporated, 973 F.2d 349, 1992; 2 McCormick on Evid. 

§266 (6th ed.); Rule 68 of the Federal Rules of Civil Procedure.). Rule 408 of the Federal Rules of 
judge's attorney-advisor, Mr. Ira Leibowitz at (202) 366-2139 (lra.Leibowitz(g!dot.£ov). 

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

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

WHEREFORi^; the parties be and are hereby ORDBRliD to adhere to the 

following procedural schedule: 

1. Venue shall be Portland, OR., 

2. On or before April 16, 2012, the parties shall conclude all discovery including, 

but not limited to, depositions, document production, responses to production 

requests and/or interrogatories. If the parties cannot resolve a discovery dispute 

they shall submit the dispute to the undersigned for resolution in a timely manner; 

3. The parties shall be prepared to present this case at a hearing on or after April 16, 

2012", subject to the availability of courtroom facilities. The specific date and 

time for the hearing will be forthcoming in a separate Order. 

4. 'fhe parties will have the opportunity to 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 brief fifteen (15) 

days after receipt of the transcript; Respondent shall its brief fifteen (15) days 

thereafter; and ai\y rebuttal brief by the Complainant shall be filed seven (7) days 

thereafter. 

5. Settled cases will not be removed from the hearing docket until the proper written 

pleading(s), consistent with the applicable rules,^ is received by the presiding 

judge.'' 

Evidence "...prohibits the admission of statements made in compromise negotiations..." (In the Matter of 

Africa Air Corporation. FAA Order No. 99-5). "Rule 408's public policy purpose of encouraging frank 

settlement discussions is as compelling in FAA civil penally proceedings as it is in FederaHVials. Hence, 

its guidance vvill be followed in tliese proceeds." (Id.) 

^ !4 C.F.R. § 13.221 stales: "The administrative law judge shall give each party at least 60 days notice of 

the date, lime and location of the hearing." 

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 of the administrative law 

judge. If an agency attorney withdraws the complaint or a part>' 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; citina Kerry James Eldrid^e. FAA 

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

at I; In The Matter of Robert Harris FAA Docket No. CPO3EAO001. DMS No. FAA'2002-14236., Orders 

dated October 18, 2004 and October 27. 2004. USAIR. Inc.. FAA Docket CP9DNE0359. Trans World 

Airlines. Inc.. FAA Dockets CP90GL0085. CPQOCEOI10. CP90CE0I 14. CP90CE0134. Order of 

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

Complainant's Appeal". In The MaUer of Robert Harris, FAA Docket No. CP03EA000I. DMS No. FAA2005-14. August 15,2005. 
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 rcfiecl the manner of service. 

Jichard C. 

U.S. Administrative Law Judge 

Attachment - Service List 
FDMSNo. FAA-2011-1289 

(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—Suite 2WI000' 

ONE COPY 

Stuart W. Smith, Respondent's Counsel 

Miller & Associates 

5005 S.W. Meadows Rd., Suite 405 

Lake Oswego, OR 97035 

TEL: 503-598-1966 

FAX: 503-598-9593 

David F. Shayne, Complainant's Counsel 

Attorney, Office, of the Regional Counsel 

Northwest Mountain Region, ANM-7 

Federal Aviation Administration 

1601 Lind Avenue, S.W. 

Renton, WA 98057 

TEL: 425-227-2165 

FAX: 425-227-1007 

The Honorable Richard C. Goodwin, Administrative Law Judge 

Office of Hearings, M-20 -. 

U.S. Department of Transportation 

1200 New Jersey Avenue, S.E. 

Washington, DC 20590 

TEL: 202-366-2139 Attorney-Advisor 

202-366-5121 Legal Assistant 

FAX: 202-366-7536 

Service was by U.S. Mail. For service in person or by expedited courier, use the following address' Federal 

Aviation Ad mini suction, 600 Independence Avenue, S.W., Wilbur Wriglit Building—Suite 2W1000, Washington, 

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