### SERVED: FEBRUARY 5, 2013

U.S. DEPARTMENT .OFTRANSPORTATION OFFICE OF HEARINGS

WASHINGTON, DC

IN THE MATTEROF 

### MARTINAIRE AVIATION, LLC FAADOCKETNO. [TOBEASSIGNED] (Civil Penalty Action) FDMS NO. FAA- 2013-0040


### PROCEDURAL ORDER In order to expedite the hearing in this matter, the parties shall comply with the Procedural Schedule set forth hereinbelow 1

. 

### TheRules ofPracticeforthis proceeding are setforth 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 ormotion 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 ah CAnswer 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 sufficient knowledge or information to admit or deny, each numbered paragraph ofthe complaint. Any statement or allegation contained in the complaint that is not specifically denied in the answer may be deemed an admission ofthe truth of

1 Materials filed inthe FAA Hearing Docket (exceptfor materials which are sealed) also available for viewing at httl2,:1/www.regulations.gov. For additional information see: htfJ2.:IIdms.dot.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 onthe internet at: http://www.faa.gov!aboutloffice

_orglh.eadquarters _offices/age/pol_adjudicationlagc400/civil _penalty!,· see also: http://ecfr.gpoaccess.gov!cgi/tltextltext-idx?c=ecfr&tpl=lecfrbrowse!Title14114tab

_02. tpl. In addition, ThomsonReuters/WestPublishing 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. 1that allegation. A general denial ofthe complaint is deemed a failure to file an answer. UnderFAA Order 2150.3B and the Rules governingthese proceedings, the Agency attorney and the Respondent are encouraged to consider the possibility of 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 not require "Discovery" be served on the Judge. Other Judges have different policies, but as long as this case is assigned to the undersigned presiding Judge 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. Ifa party has a non-substantive matterto discuss, they should contact Mr. IraLeibowitz, Attorney/Advisor (202) 366-2139 (Ira.Leibowitz@dot.gov). Administrative matters may be addressed to StaffAssistant, 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 Dallas, TX.; 2; On orbefore April 5, 2013, the parties shall conclude all discovery includ,ing, 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 a timely manner; 3. The parties shall be preparedto present this case at a hearing on or after April 5, 20134

, subjectto 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 file its brieffifteen (15) days after receipt ofthe transcript; Respondent shall its brieffifteen (15) days

3 "The public policy offavoring and encouraging settlement makes necessary the inadmissibility of settlementnegotiations in orderto foster frank discussions". Fiberglass Insulators. Inc. vDu,puy, 856 F. 2d 652, 653 (4 Cir. 1988); Wright & Graham, Federal Practice andProcedure: Evidence, §5302 (1980). Rule 408 ofthe Federal Rules ofEvidence excludes from evidence all statements**mad~** inthe course of settlement negotiations. 4 14 C.P.R. § 13.221 states: "The administrative lawjudge shall give eachparty at least 60 days notice of the date, time and location ofthe hearing." Ifthe parties can agree ontentative hearing dates, they are encouraged to discuss those dates withMr. Leibowitz and/orMs. Matthews in orderto getthe dates reserved onthejudge's calendar. 2

### thereafter; and any rebuttal briefby the Complainant shall be filed seven (7) days thereafter. 5. Settled cases will not be removed from the hearing docketuntil the properwritten pleading(s), consistent with the applicable rules, 5 

### is received bythe presiding judge.6 

### 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 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, or email. The certificate ofservice shall reflect the manner ofservice. The parties are encouraged to provide email addresses to expedite service of pleadings.

# (&-~c.~ Richard C. Goodwin U.S. Administrative Law Judge Attachment- Service List

5 14 C.P.R.§ 13.215 states: "Atany time before or during a hearing, an agency attorney may withdraw a complaint orparty may withdraw arequestfor a hearing withoutthe consentofthe administrative law judge. Ifan agency attorney withdraws the complaintoraparty withdraws the request for a hearing and the answer, the administrative lawjudge shall dismiss the proceedings ui:lderthis subpart withprejudice;" 6 See: Inthe Matter ofLewis Drake & Associates, FAA DocketNo. CP03S00045, DMS. No. FAA-2003- 16379, "OrderTerminating Proceeding", served February 26, 2005; citing Kerry James Eldridge; FAA Docket CP89GL0458, "Order Canceling Hearing arid Terminating Proceeding", served January 16, 1991, at 1. 

### 3SERVICE 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 ONE COPY 

### Michael 

### L. Dworkin, 

### Respondent's Counsel Michael L. Dworkin and Associates Law Offices 465 California Street, Suite 210 San Francisco, CA 94104-1808 TEL: 415-421-2500 FAX: 415-421-2560 James Archier, 

### Complainant's Counsel Agency Attorney, Office ofthe Regional Counsel Southwest Region Federal Aviation Administration 2601 Meacham Blvd., Suite 6E Fort Worth, TX 76137 TEL: 817-222-5074 FAX: 817-222-5092 The Honorable Richard C. Goodwin, 

### Administrative Law Judge Office ofHearings, M-20 U.S. Department ofTransportation 1200NewJersey Avenue, S.E. (Ell-310) Washington, DC 20590 TEL: 202-366-2139 Attorney-Advisor 202-366-5121 StaffAssistant FAX: 202-366-7536 FDMS No. FAA-2013-0040 (Civil Penalty Action)

1 Service was by U.S. Mail. For service in person orby expedited courier, use the following address: Federal Aviation Administration, 600 Independence Avenue, S.W., Wilbur Wright Building-Suite 2Wl000, Washington, DC 20591, Attention: Hearing Docket Clerk, AGC-430. 4