SERVED MARCH 28, 2012 

U.S. DEPARTlVrENT OF TRANSPORTATION:'A?J^^^^^ 

OFFICE OF HEARINGS ''^Crirr'opfft^JIQI^.jc; 

WASHINGTON, DC 

m mi 28 p 2:'31 

In The Matter of: ) 

) Docket No. FAA-201 1 -1006 

MONTGOMERY ) 

AVIATION. INC., ) 

) Case No. 2010-GL-l 1-0096 

Respondent ) 

ORDER SETTING RULE 16 LITIGATION SCHEDULING CONFERENCE, AND 

DIRECTING RULE 26(0 PLANNING AND SUBMISSION 

1) Rule 16 Litmation Scheduling Conference: 

Pursuant to 14 C.F.R. § 13.205(a)(1) and (7) and Civ. R. 16, the parties shall appear by telephone on Thursday, May 3L 2012 at 11:00am Eastern time for a Rule 16 Litigation Scheduling Conference. During this Conference the parties will discuss the issues in the dispute, their 

jointly submitted proposed scheduling/discovery plan (see paragraph 2 infra) and respond to any 

questions regarding disagreements not resolved in the proposed plan. During the Conference a 

final scheduling/discovery plan will be ruled upon, as well as any other related matters pursuant 

to Rule 16(c). The Office of Hearings will initiate the Conference by telephone call, contacting 

each party at the party's telephone number of record. A party may provide an alternate number 

by notifying the Office of Hearings at least 24 hours prior to the Conference. 

2) Rule 26(n Attorneys' Planning Meeting, and Submission of Proposed Discovery Plan: 

Pursuant to 14 C.F.R. §13.217 and Civ. R. 26{i), prior to convening with the Judge for the 

Rule 16 Litigation Scheduling Conference, the parties shall privately conduct a Rule 26(f) planning meeting and prepare a jointly written proposed scheduling/discovery plan, which must be 

completed and filed with the undersigned Judge on or before Thursday, May 24, 2012 (i.e., seven (7) calendar days before the Conference).' In addition to filing the proposed scheduling/discovery phm by regular mail filing with the U.S. Department of Transportation's Docket " 

Patie I of 2 
X 

Office, the parties shall file a working copy of the scheduling/discovery plan with the undersigned Judge at the Office of Hearings by fax, express carrier, or personal delivery. The certificate of service should reflect the mamicr of service. 

The Attorneys' Rule 26(0 planning meeting shall include a good faith discussion about the 

nature and basis of each party's claims, the possibility ofresolving all or part of the case, the 

scope and type of discovery (including electronic discovery) and the place of venue for hearing. 

During this meeting, the parties shall discuss matters identified in 14 C.F.R. §13.217 and Rule 

26(f)(2) and (3) as part of developing their proposed scheduling/discovery plan. The parties' 

planning meeting should also include discussion about the sequence and timing of follow-up discovery, including whether that discovery should be conducted in phases to prepare for any filing 

of particular motions (e.g., limiting scope of trial, dispositive motions, etc). The deadlines in the 

parties' proposed scheduling/discovery plan should be mutually agreeable, with a view to 

achieving case resolution with a minimum of expense and delay. Any unresolved scheduling/discovery disputes should be clearly identified in the proposed discover}' plan, so that 

these disputes may be addressed by the Judge during the Rule 16 Litigation Scheduling 

Conference. 

3) Confiicts with Rule 16 Litiaation Scheduling Conference Date: 

If a party has an unavoidable conflict with the scheduled Rule 16 Litigation Scheduling 

Conference set in paragraph 1 supra, and wishes to modify the date/time of the scheduled Conference, the party shall first confer with opposing counsel about mutually agreeable alternate dates, 

and then contact C. Diane Mays at the Office of Hearings (202-366-2132) as soon as possible after receipt of this Order, with at least three (3) mutually-agreed, proposed alternate dates/times 

for the Judge's consideration. 

ive Law Judge 

Attachment: Service List 

Pai'e2of2 
FDMS NO. FAA-2012-0023 

(Civil Penalty Action) 

SERVICE 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' 

ONE COPY 

J.C. Buehler, Responcleni 's Counsel 

Buehler Associates 

777 East 86"" Street 

Box 40924 

Indianapohs, IN 46240-0924 

TEL: 317-253-8686 

FAX: 317-253-9371 

Daniel Rex Montgomery, President 

Montgomery Aviation, Inc., Respondent 

Indianapolis Executive Airport 

11329 East State Road 32 

Zionsville, IN 46077 

Chris G. Zurales, Complainant's Counsel 

Senior Attorney, Office of the Regional Counsel 

Great Lakes Region, AGL-7K. 

Federal Aviation Administration 

2300 East Devon Avenue 

DesPlaines,!L 60018-4696 

TEL: 847-294-7713 

FAX: 847-294-7498 

The Honorable J.E. Sullivan, Administrative Law Judge 

U.S. Department of Transportation 

Office "of Hearings, M-20 

1200 New Jersey Avenue, S.E. 

Washington, 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 address: Federal 

Aviation Administration, 600 Independence Avenue, S.W., Wilbur Wright Building—Suite 2WI000, Washington, 

DC 20591; Attention: Hearing Docket Clerk, AGC-430. 

- 9 -