4IO-268-5050-PHONE 

LAW OFFICE OF 

ROBERT HENRY WALDMAN 

113 RiDGELY AVENU E 

ANNAPOLIS , MARYLAN D 21401 

rhwaldman(5)rhwaldman.com 

5 /Q'3 

410-269'1544~FAX 

October 3, 2010 

Service by Fax, Courier or Priority IVIail 

Ronnie A. Yoder, Ciiief Administrative Law Judge 

U.S. Department of Transportation 

Office of Hearings, i\/l-20, Room E12-320 

1200 New Jersey Ave.. SE 

Wasliington, DC 20590 

r o 

00 

Fax: 202-366-7536 

•71 3P'x^' 

Stephanie iVlcClain, Hearings Docket Clerk AGC-430 

Wilbur Wright BIdg (FOBIOB) Suite 2W1000 

FAA National Headquarters 

600 Independence Ave. SW 

Washington, DC 20591 Fax: 202-493-5142 

Christian L. Lewerenz, Complainant's Counsel 

Office of the Regional Counsel, EA-7 

FAA 

1 Aviation Plaza 

Jamaica, NY 11434 Fax: 718-553-3273 

Dear Judge Yoder, 

In the Matter of Mary Wootten 

FAA Docket No CP)9 EA 0010 

FDMS No. FAA 2009-0077 

In response to the court's scheduling order of September 2, 2010, and on behalf of 

the Respondent, Mary Wootten, I propose the following schedule:: 

November 15, 2010 - deadline for exhibits and discovery 
December 1, 2010 - deadline for filing stipulations 

December 15, 2010 - deadline for witness list and summaries 

January 4, 2010 - deadline for status on settlement efforts 

January 18, 2010 - proposed date for one day trial 

I propose the hearing be held in the Baltimore-Washington area in a place convenient 

to the court and Mr. Lewerenz. Mrs. Wootten and 1 live in the area; nearly any place in the 

area would be convenient to us. 

At this point I intend to be calling as witnesses Mrs. Wootten and a de bene esse 

deposition of her doctor. Dr. Laurie Poss. 

As to the status of negotiations, I enclose a letter to Mr. Lewerenz dated September 

21, 2010. The letter was both emailed and postal mailed. 1 have received no response as 

of this moment. 

In a final note, please correct my fax number to 410-269-1544. 

If there is anything else I can do to facilitate these proceedings, please do not 

hesitate to ask. 

cc: client 
U.S. Department of Transportation " ; ,/' 

Office of Hearings 

Washington, DC V- - 5 2010 

:•-=./ 

.• : \ '. ^ i 

In the Matter of Mary Wootten 

FAA Docket No. CP-09-EA 0010 

FDMS No. FAA 2009-0077 

Certificate of Service 

I hereby certify and affirm that on this day, October 3, 2010,1 served Respondent's 

response to an Order otChief Administrative Law Judge dated September 2, 2010 to the 

following: 

Ronnie A. Yoder, Chief Administrative Law Judge 

U.S. Department of Transportation 

Office of Hearings, M-20, Room E12-320 

1200 New Jersey Ave.. SE 

Washington, DC 20590 

Fed Ex courier and Fax: 202-366-7536 

Stephanie McClain, Hearings Docket Clerk AGC-430 

Wilbur Wright BIdg (FOBIOB) Suite 2W1000 

FAA National Headquarters 

600 Independence Ave. SW 

Washington, DC 20591 

FedEx courier and Fax: 202-493-5142 

Christian L. Lewerenz, Complainant's Counsel 

Office of the Regional Counsel, EA-7 

FAA 

1 Aviation Plaza 

Jamaica, NY 11434 

Prjafity Ma/I,^^a)^ ^nd Fax: 718-553-3273 

RoWgrt H. Waldman 
4IO-268-5050-PHONE 

LAW OFFICE OF 

ROBERT HENRY WALDMAN 

113 RiDGELY AVENU E 

ANNAPOLIS , MARYLAN D 21401 

rhwaldman(S)rhwaldman.coin 

- ^1 '"^f^tn 

410-2694 544~FAX 

September 21 , 2010 

Mr. Christian Lewerencz, Esq. 

Federal Aviation Administration 

Room 516 

1 Aviation Plaza 

Jamaica, NY 11434 

Re: In the Matter of Mary Wooten CP 09 EA 0010 

Dear Mr. Lewerencz, 

As 1 prepare to answer the court's scheduling order, 1 propose the following: 

1. November 15, 2010 - deadline for exhibits and discovery 

December 1, 2010 - deadline for filing stipulations 

December 15, 2010 - deadline for witness list and summaries 

January 4, 2010 - deadline for status on settlement efforts 

January 18, 2010 - proposed date for one day trial 

2. I propose the hearing be held in the Baltimore-Washington area. It is 

convenient for yourself, for witnesses, for Mrs. Wootten, and for myself. It is 

also my understanding that the administrative law judge is officed in 

Washington. 

As to the proposed schedule, please be informed that I will be video deposing Dr. 

Laurie J. Poss, who was and has been treating Mrs. Wootten's diabetes, in a de bene esse 

deposition in my offices in Annapolis, Maryland. 1 will accept your presence by 

speakerphone in what will be a brief and fairly straightforward deposition. 

I have recently spent some time researching decisions made in FAA passenger 

misconduct cases. I am struck that time and again the court imposes penalties in the range 

we have suggested. I am also struck that most, if not all, of the cases involve conduct that I 
consider more egregious than what we have here. Specifically, most of the other cases 

involve either more intentional conduct or conduct that truly affected the operation of the 

plane or conduct that required the involvement of the pilot or conduct that lasted longer 

than Mrs. Wootten's impulsive attempt to get at her insulin syringe in her bag. 

We have here an extraordinary amount of mitigation, and a client who is truly 

remorseful. 

The standard rate for these incidents seems to be about $1,100 per violation. 

If the government will agree to a penalty in the amount of $3,300, Mrs. Wootten will 

agree to admit to a violation of FAA Reg. §121.317(f), not maintaining a fastened seatbelt, 

FAA Reg. §121.575(a), interfering with a crewmember, and 49 USC §46318(a), assault of a 

crewmember. I believe this is an appropriate penalty for Mrs. Wootten, given the 

circumstances of what occurred and that she is now retired. 

1 look forward to a response. 

Sincerely yours, 

aldman 

cc: client