Eitan Leaschauer v. Michael Huerta

Good Law
667 F. App'x 253
United States Court of Appeals for the Ninth CircuitJune 23, 201614-72214California385 words

Opinion

Opinion

MEMORANDUM

Eitan Leaschauer petitions pro se from the National Transportation Safety Board’s (“NTSB”) final order suspending his pilot’s license for sixty days as a punitive measure. We have jurisdiction under 49 U.S.C. § 1163 . We review the NTSB’s final order under the arbitrary and capricious standard. Gilbert v. NTSB, 80 F.3d 364, 368 (9th Cir. 1996). We deny the petition for review.

The administrative law judge (“ALJ”) held that the Federal Aviation Administration (“FAA”) was entitled to summary judgment on the basis of issue preclusion, based upon the ALJ’s order in a prior action, Adm’r v. Leaschauer, NTSB Order No. EA-5680 (2013). See Supplemental Excerpts of Record, Leaschauer v. NTSB, et al., No. 13-73818 (9th Cir. Feb. 24, 2014) (ECF No. 14-2 at 36-44) (ALJ order). We exercise our discretion and take judicial notice of the ALJ’s oral initial decision and order in that ease. See Trigueros v. Adams, 658 F.3d 983, 987 (9th Cir. 2011) (judicial notice may be taken of “proceedings in other courts, both within and without the federal judicial system, if those proceedings have a direct relation to matters at issue”).

The NTSB’s determination that issue preclusion applied to…

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