## SERVE.D: March 3, 2015 U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS

WASHINGTON. DC

IN THE MATTER OF MARCO FIMBRES .FAA DOCKET.NO. [TO BE ASSIGNED] (Civil Penalty Action) FDMS NO. FAA 2015- 0204

PROCEDURAL ORDER In order to expedite the hearing in this matter, the parties shall comply with the Procedural

### ~chedule 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, that the Respondent must tile 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 (§J.3.209(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 (c) states: A person filing an answer shall admit, deny, or state that the person is without sufficient knowledge or information to admit ordeny. each numbered paragraph ofthe complaint. Any statementor allegation contained in the complaint that is not specifically denied in the answer may be deemed an admission ofthe truth of that allegation. A general denial ofthe complaint is deemed a failure to file an answer.

1 Materials filed in the FAA Hearing Docket (except for materials which-are sealed) also available lor viewing at hli[J::'IInl'\1'.n:<;ulatiuns.goF. For additional intormation see: 111/tl:.-idm:j_,_dol. <;tJI.·. 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: /11I

p:t:-'wwwjiw.gov/uhoui/i!flice_org/1/(!adquurters _,1[li,·t's/agdpul_odi11dicuti1**JJI/t~gc-1**00/civi/_penu/1_\

### :<· see also: http://ecfr.gpoaccess.gov/cgilt/texl!texl-idx?c=e(fr&tp/=!ecfi"hrowse/Title/4/ /4tah

_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.Under FAA Order2150.38 and the Rules governingthese proceedings, the Agency attorney and the Respondent are encourage9 to considerthe possibility of settlementand compromise ofthis matter. 3 Compromise may be effected with or without a finding ofviolation (14 C.F.R

.. §13.16 (n) (I)). NOTE: This presiding .Judge does not require "Discovery" be served on the .Judge. Other .Judges have different policies, but as long as this case is assigned to the undersigned presidingJudge the parties may, but are not required to, serve discovery on the undersigned

.. Thejudgewill not discuss the case with any party, or representative on an ex parte basis. Administrative matters may be addressed to StaffAssistant, Pat Matthews [202-366-5121] (Patricia.iVlatthcws!(i)dot.gov). WHEREFORE, the parties be and are hereby ORDERED to adhere to the followingprocedural schedule: 1. Venue shall be Tucson or Phoenix, AZ.; 2. On orbefore .June 1, 2015, the parties shall conclude all discovery including, but not limited to, depositions, documentproduction, responses to production requests and/or interrogatories. Ifthe parties cannot resolve a discovery dispute they shall,?ubmitthe dispute to the undersigned for resolution in a timely manner: 3. The parties shall be prepared to present this case at a hearing on orafter .June I. 2015,4 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 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 tile its brieffifteen ( 15) days after receipt ofthe transcript; Respondentshall its brieffifteen (15) days thereafter; and any rebuttal briefby the Complainant shall be filed seven (7) days thereafter.

3 "The public policy offavoring and encouraging settlement makes necessary the inadmissibility of settlement negotiations in orderto foster frank discussions". Fiberglass Insulators, Inc. v Dupuy, 856 F. 2d 652. 653 (4 Cir. 1988); Wright & Graham, Federa/Practice 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 or the date, time and location ofthe hearing." Ifthe parties can agree on tentative hearing dates, they are encouraged to provide those dates to the court and/or Ms. Matthews in orderto get the dates reserved on thejudge's calendar. 

### 25. 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 judge.6 

### 6. The parties are advised that submissions sent to the street address ofthe U.S. Department ofTransportation, Oftice ofHearings, 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 ofsubmissions. The parties are encouraged, but not required, to file submissions by private delivery service. facsimile, oremail. The certificate ofservice shall reflect the manner ofservice. The parties are encouraged to 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.Cioochvin(u1dot.gov) ·Administrative matters should be directed to Patricia Matthews, StaffAssistant

(202) 366-5121 (Patricia.!Vlatthews(ii!dot.e.ov). All other matters should be addressed in writing/email to Judge Goodwin.

Richard C. Goodwin · _ U.S. Administrative LawJudge Attachment- Service List

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. Ifan agency attorney withdraws the complaint or a party withdraws the request for a hearing and the answer, the administrative lawjudge shall dismiss the proceedings under this subpart with prejudice." 6 See: In the Matter ofLewis Drake & Associates, FAA Docket No. CP03S00045, OMS. No. FAA-2003c 16379, "OrderTerminating Proceeding", served February 26, 2005: citing Kerry James Eldridge, FAA Docket CP89GL0458, "OrderCanceling Hearing and Terminating Proceeding··, served January 16, 1991. at I. 3SERVICE LIST- BY U.S. MAIL ORIGINAL & ONE COPY Federal Aviation Administration 800 Independence Avenue, S.W. Washington, DC 20591 Attentiqn: Hearing Docket Clerk, AGC-430 Wilbur Wright Building-Suite 2WI000 1

Marco A. Fimbres, 

### Respondent 4444 East Benson Highway, Trir 21 Tucson, AZ 85706 Lierre Green, 

### Complainant 's Counsel ONE COPY

Attorney, Office ofthe Regional Counsel, AWP-7.6 Western-Pacific Region Federal Aviation Administration P. 

### 0. Box 92007 Los Angeles, CA90009-2007 TEL: 31 0-725-71 1 7 FAX: 3 I0-725-68I 6
The Honorable Richard C. Goodwin,

### Administrative Law.Judge Office ofHearings, M-20 U.S. Department ofTransportation 1200New Jersey Avenue, S.E. (El 1-3 10) Washington, DC 20590 TEL: 202-366-512I StaffAssistant FAX: 202-366-7536 Docket No. FAA-2015-Q204 (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 2WIOOO. Washington. DC 20591; Attention: Hearing Docket Clerk, AGC-430.
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