n/01/201 1 14:29 FAX 2024935142 FAA * DMS 0001/00 4 

SERVED OCTOBER 27,2011 

U.S. DEPARTMENTOF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, DC RECEIVED 

In the Matter of ) OL f 3 1 2011 

DBAN,N^RKAT.ONAL.mC. ] '>-'-''-'^""'"^^RW O DOCKE T 

) (Civil Penalty Proceeding) 

Respondent ) 

ORDER 

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GRANTING/DENYING MOTIONS FOR RELIEF - k,G=i 

On August 26, 2011, an Order Approving Revised Agreed Proposed Procedural 

Schedule was filed. 

On September 13,2011 the Respondent, Dean International, Inc. (Dean), filed a 

Motion for Sanctions or Alternatively to Compel Discovery from the Administrator and 

10 Further Amend the Procedural Schedule. 

On September 22, 2011 the Complainant, the Federal Aviation Administration 

(FAA) filed a Motion to Compel, Response to Motion to Compel, and Response to 

Motion to Amend the Procedural Schedule. 

On October 3, 2011 Dean filed Respondent's Omnibus Reply to the 

Administrator's "Motion to Compel, Response to Motion to Compel, and Response to 

Motion to Amend Litigation [sicj Schedule." 

On October 3,2011 the FAA filed a Reply in Support of FAA's Motion to 

Compel. 

On October 20,2011 an Order Setting Motion Conference was filed. 

On Monday, October 24, 2011 the parties appeared by telephone for a Motion 

Conference. Multiple arguments were raised, and oral rulings were issued. At the 

conclusion of this Motion Conference, the parties agreed to reconvene by telephone on 

Wednesday, October 26, 2011 for a supplemental Motion Conference on the disputes 

raised by filed motions. On October 26, 2011 the parties reconvened by telephone, and 

made final arguments on the issues in dispute. Additional oral rulings were issued during 

this supplemental Motion conference. 

Having read tlie Motions and supportive legal authority, heard the arguments, and 

being fijlly advised in fact and law; 

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11/01/2011 14;29 FAX 2024935142 FAA + DMS @l002/004 

It Is Hereby Ordered: 

1. Respondent Dean's Alternative Motion to Vacate the Current Litigation 

Procedural Order is granted. The pre-hearing litigation deadlines adopted in 

the August 26,2011 Order Approving Revised Agreed Procedural Schedule 

are vacated. The hearing dates of December 13, 2011 - December 15, 2011 

in Miami, Florida are hereby cancelled. 

2. A separate Order Re-Setting Litigation Dates and Procedures will be filed, 

codifying the October 26,2011 oral rulings setting the new pre-hearing 

litigation deadlines as well as the new hearing dates of April 24,2012 -

April 26,2012 in Miami, Florida. 

3. Respondent Dean's Alternative Motion to Compel Discovery and Produce the 

FAA inspector witnesses is granted. The FAA shall make the FAA inspector 

wimesses available for deposition. The Respondent shall take all depositions 

of the FAA inspector witnesses before January 31,2012, 

4. Respondent Dean's Motion for Sanctions to Prohibit the FAA firom calling the 

FAA inspector witnesses is denied. 

5. The FAA's Motion to Compel Respondent Dean to fully Answer 

Interrogatory Nos. 2, 5,7, 8 and 17 is granted. Respondent Dean shall 

complete and serve its Answers to these Interrogatories on or before 

December 12,2012. 

6. The FAA's Motion to Compel Respondent Dean to fully Answer 

Interrogatory No. 10 is granted in part. Respondent Dean shall identify any 

statutory, regulatory and legal authority upon which it relies for affirmative 

defense on this issue, if such authority has not already been identified in either 

its August 25,2011 Letter or in the supplemental Answers it provides to 

Interrogatory Nos. 2,5,7, 8 and 17. Respondent Dean shall complete and 

serve its answer to Interrogatory No. 10 on or before December 12,2012. 

7. The FAA's Motion to Compel Respondent Dean to fully Answer 

Interrogatory No. 13 is granted in part. Respondent Dean shall identify the 

specific facts which support its assertion that only a de minimus fine of $100 

should be imposed for the violations cited in this proceeding. Respondent 

Dean shall complete and serve its answer to Interrogatory No. 13 on or before 

December 12,2012. 

8. The FAA's Motion to Compel Respondent Dean to fitlly Answer 

Interrogatory No. 14 is granted in part. Respondent Dean shall identify with 

specificity any conversations it had with FAA persoimel regarding the 

violations, between the time period of February 28,2010 and September 22, 

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11/01/2011 14:29 FAX 2024935142 FAA * DMS @l003/004 

2010. Respondent Dean shall complete and serve its answer to Interrogatory 

No. 14 on or before December 12,2012. 

9. The FAA's Motion to Compel Respondent Dean to fully Answer the FAA's 

Requests for Production Nos. 6 and 8 is granted. Respondent Dean shall 

produce all documentation requested on or before December 12,2012. 

10. The FAA's Motion to Compel Respondent Dean to fully Answer the FAA's 

Request for Production No. 7 is granted in part. Respondent Dean shall 

produce all documentation concerning the 100 hour inspections performed on 

both aircraft, on or before December 12,2012 

11. The FAA's Motion to Compel Respondent Dean to fiilly Answer the FAA's 

Request for Production No. 9 is granted in part. During the October 26, 2011 

Motion Conference the FAA orally modified and limited its' Request for 

Production No. 9. Respondent Dean shall produce all documentation to the 

Modified Request for Production No. 9 on or before December 12,2012. 

12. The FAA's Alternate Motion to Compel Respondent Dean to Withdraw its 

Affirmative Defenses is denied. 

13. The parties shall jointly contact the Office of Hearings on or before 

November 18,2011 to schedule a S"" Motion Conference if there is any 

further continuing dispute regarding the exchange of the discovery identified 

in this Order. 

J.^Sullivar 

U.S^At^mlnlstrative Law Judge 

Attachment: Service List 

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11/01/2011 14:29 FAX 2024935142 FAA DMS 21004/004 

FDMS No. l'AA-2011-0069 

(Civil Penalty Proceeding) 

SERVICE LIST 

ORIGINAL & ONE COPY 

Federal Aviation Administration 

800 Independence Avenue, S.W, 

Washington, DC 20591 

Attention: Hearing Docket Clerk, AGC-430 

Wilbiu- Wright Building—Suite 2W1000' 

ONE COPY 

Stuart A. Goldstein, Respondent's Counsel 

Law Offices of Goldstein & Sordo 

9350 South Dixie Highway, 10th Floor 

Miami, FL 33156 

TEL: 305-670-1222 

FAX: 305-670-7065 

Christopher R. Stevenson, Complainant 'v Counsel 

Office of the Regional Counsel, ASO-7 

Southern Region 

Federal Aviation Administration 

P.O. Box 20636 

Atlanta, GA 30320 

TEL; 404-305-5200 

FAX; 404-305-5223 

The Honorable J. E- Sullivan, Administrative Law Judge 

U.S. Department of Transportation 

Office of Hearings, M-20, Room El 2-320 

1200 New Jersey Avenue, S.E. 

Wa.shingion, DC 20590 

TEL: 202-366-2132 

FAX: 202-366-7536 

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

Aviation Administrarion, 600 Independence Avenue, S.W,, Wilbur Wright Building—Suite 2W1000, Washington, 

DC 20591: Attention: Hearing Docket Clerk, AGC^30.