SERVED. JANUARY 26, 2012 

iePAITrfvlENT OF 

U.S. DEPARTMENT OP TRANSPORTATION 'RANyPORlAli'ON 

OFFICE 01- HEARINGS ''OCKET GPEnATIGr-JS 

WASI-irNGTON. DC 

mi M :n P \- ?.s 

IN THE MATTER OF 

MARTINAIRE AVIATIO^, LLC 

FAA DOCKET NO. [TO BE ASSIGNED] 

(Civil Penally Action) 

FDMSNO. FAA-201I-I295 

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", 

'fhose 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. t; 13.2()9(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(0); 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 shown (i; 13.213(a) and (b)). 

More specifically, 14CFR § 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 maierials filed in security cases) are also available 

for viewing at fnip://\\'ww.re^iilaiions.gov. 

The Administrator's civil penalty decisions, along with indexes of the decisions, the Rules of Praciice. as 

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

luip-'/w\\^\'Jau.}^t>viaboia/olliccj)r^/heu(kiuariersj)jrK-cs'ugc/po see 

also: hup://ecfr.gpoaccess.gov/cgi/i/iexl/!exl-idx?c=ecfr&ipl=/ecfrhrowsc^Ti{lel4/l4iab_02 {pi In 

addition, Thomson Reuters/West Publishing publishes Federalj\vialion Decisions. Finally, the decisions 

are available through LEXIS (TRANS library) and WestLaw 9FTRAN-FAA database). For additional 

information, see the Web site. 
settlement and compromise of this matter.^ Compromise may be effected with or 

without 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 assigned to tlic 

undersigned presiding Judge the parties may, but are not required, serve discover)' on the 

undersigned. 

The judge wil l 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 contact the 

judge's attorney-advisor, Mr. Ira Leibowitz at (202) 366-2139 (Ira.Leibowitzraidot.uov). 

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

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

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

following procedural schedule: 

1. Venue is yet to be determined; 

2. On before April i, 2012 both parties shall file memorandum setting forth 

their respective positions on whether Venue for the hearing should be 

Chicago, IL., Arlington, TX., Detroit, MI. or other mutually agreeable 

venue; 

3. On or before April 6, 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; 

4. The parties shall be prepared to present this case at a hearing on or after 

April 6, 2012^, subject to the availability of courtroom facilities. The 

specific date'and time for the hearing will be forthcoming in a separate 

Order. 

' See Linda Joyce Goodman. FAA Docket No. CP89WP0061, Order dated May 30. 1989. 

^ "The public policy of favoring and encouraging settlenienl makes necessary the inadmissibility of 

settlement negotiations in order to foster frank discussions". (Fiberglass Insulators, Inc. v Dupuy, et al, 

(856F. 2d652,26 Fed. R. Evid. Serv. 1225, 1988. See also Coakley & Williams Construction. 

Incorporated v Structural Concrete Equipment, Incorporated, 973 F.2d 349, 1992; 2 McCormick on Evid. 

§266 (6th ed.); Rule 68 of the Federal Rules of Civil Procedure.). Rule ^08 of the Federal Rules of 

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 penalty proceedings as it is in Federal Trials. Hence, 

its guidance will be followed in these proceeds.'' (Id.) 

* 14 C.F.R. § 13.221 stales: "The administrative law judge shall give each party at least 60 days nolice of 

the dale, time and location of the hearing." 
5. The 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 (\5) days thereafter; and any rebuttal brief by the 

Complainant shall be filed seven (7) days thereafter. 

6. 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.^ 

7. 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 refiecl the manner of service. 

Ricliard C. Goodwin 

U.S. Administrative Law .ludge 

Attachment - Service List 

14 C.F.R. § 13.215 states: At any rime 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 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 tiobcrt Harris FA"A Dockci No. CP03EA000I. DMS No. FAA-2002-14236. Orders 

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

Airlines. Inc.. FAA Dockets CP90GL0085. CP90CE0I 10. CP9nCE01 14. CP90CE0I34. Order of 

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

Complainant's Appear'.^ln The Matter of Roheit Harris. FAA Docket No. CP03EA0001. DMS No. FAA2005-14, August 15.2005. 
FDMS No. FAA-2011-1295 

(Civil Penalty Action) 

SERVICE LIST 

ORIGINAL & ONE COFY 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Washington, DC 20591 

Attention: Hearing Docket Clerk, AGC'430 

Wilbur Wright Building—Suite 2W1000' 

ONE COPY 

Michael L. Dworkin, Respondent '5 Cotwsel 

Michael L. DworJdn and Associates 

405 California Street, Suite 210 

San Francisco, CA 94104 

TEL: 415-421-2500 

FAX: 415-421-2560 

Kate Barber, Complawant 's Counsel 

Attorney, Office of the Regional Counsel 

Great Lakes Region, AGL-7B 

Federal Aviation Administration 

2300 East Devon Avenue 

DesPlaines,IL 60018 

TEL; 847-294-7862 

FAX: 847-294-7498 

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 

' Sei"vicc wasby U.S. Mail. For service iii person ov by eMpedited courier, use the following address: Federal 

Aviaiioji AdjiiinistralioJi, 600 Independeiice Avenue, ^.^., Wilbur WrigJit Building—Suife 2WI000, Wasliington, 

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