InThe Matter Of: FANNIE MAY Respondent 

## SERVED: JANUARY 6, 2016 U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS WASHINGTON, DC ) ) 

### ) ) ) DocketNo. FAA-2015-3315 Case No. 2015-GL-70-0126



### ORDERSETTING A RULE 16 

### LITIGATION SCHEDULING CONFERENCE, AND DIRECTING THE PARTIES TO

CONFERAND FILEA RULE 26(t) 

### PROPOSED DISCOVERYPLAN 1) Rule 16 Litigation Scheduling Conference: Pursuant to 14 C.F.R. 

### § 13.205 and Civ. R. 16, the parties shall appearbytelephone on 

### Tuesday, March 22,2016, at 1:30 p.m. Eastern time for a Rule 16 Litigation Scheduling Conference. During this Conference the parties will discuss the issues inthe dispute, their jointly submitted proposed scheduling/discoveryplan (see paragraph 2 

### infra) andrespond to any questions regarding disagreements notresolved inthe proposedplan. During the Conference a final scheduling/discovery planwill be ruled upon, as well as any otherrelated matters pursuant to Rule 16(c). The parties shall access the Conference by dialing 202-493-2343. 2) Parties' Rule 26(f) Planning Meeting and Submission ofProposed Discovery Plan: Pursuantto 14 C.F.R. 

### § 13.205(a)(6) and Civ. R. 

### 26(f),prior to convening withthe Judge for the Rule 16 Litigation Scheduling Conference, the parties shall privately conduct a Rule 26(f) planning meeting and prepare ajointly written proposed scheduling/discovery plan, which must be completed and filed withthe undersigned Judge 

### on orbefore Tuesday, March 15,2016 (i.e. at least seven (7) calendar days before the Conference). The attorneys ofrecord and all unrepresented parties arejointlyresponsible for arranging the Rule 26(f) conference, and for attempting ingood faith to agree onthe proposed discovery plan. ' d!The parties' Rule 26(f) planning meeting shall include a good faith discussion aboutthe nature and basis ofeach party's claims, the possibility ofresolving all orpart ofthe case, the scope and type ofdiscovery (including electronic discovery) and the place ofvenue 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 ofdeveloping their proposed scheduling/discovery plan. Theparties' planning meeting should also include discussion about the sequence and timing offollow-up discovery, including whether that discovery should be conducted 

### in phases to prepare for any filing ofparticular motions (e.g., limiting scope oftrial, dispositive motions, etc.). The proposed discovery 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 plan, so that these disputes may be addressed by the Judge during the Rule 16 Litigation Scheduling Conference. 3) Filing and Serving Documents: Pursuantto 14 C.F.R. 

### § 13.2ll(a), a copy ofany document a party files with the Federal Aviation Administration Hearing Docket ("Hearing Docket") must also be separately filed with the undersigned, and served upon the opposing party. 4) Compliance with Court-Ordered Deadline Dates: Whenever the Judge orders the parties to file documents by a specific deadline date (see, e.g., paragraph 2 above) such deadline date is the date by which the documents mustbe datestampedreceived at the Office ofHearings. To ensure compliance with this and any future Orders setting deadlines, the parties are encouraged to fax or personally deliver a copy oftheir documents to the Office ofHearings (Fax: 202-366-7536), on orbefore the deadline date. Failure ofa party to timely file documents by the court-ordered deadline could lead to the party's position notbeing considered.

Page 2 of35) Conflicts withthe Rule 

### 16 Litigation Scheduling Conference Date: Ifa party has an unavoidable conflict with the Scheduled Rule 16 Litigation Scheduling Conference set inparagraph 1

### supra, and wishes to modify the date/time ofthe scheduled Conference, 

### the party shall first conferwith opposing counsel about mutually agreeable alternate dates, and then contact Mr. Cody L. Smith, Attorney-Advisor at the Office of Hearings (202-366-6941) as soon as possible after the receipt ofthis Order, with at least three (3) mutually-agreed, proposed alternate dates/times for the Judge's consideration.

Judg E. S 1van U.S. Administrative Law Judge

Attachment: Service List

Page 3 of3

### Docket No. FAA-2015-3315 (Civil Penalty Action) 

### SERVICE LIST-BYU.S. MAIL 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



### Ms. Kate Barber Complainant's Counsel 

### Office ofthe ChiefCounsel Enforcement Division, Midwest Team 2300 East Devon Avenue Des Plaines, IL 60018-4696 TEL: 847-294-7862 FAJ(: 847-294-7498 Mr. Ron Ortcutt Respondent'sRepresentative ONE COPY



### Director ofWarehousing and Distribution Operations Fannie May Confections Brands, Inc. 1793 Enterprise Parkway Twinsburg, OH 44087 TEL: 614-743-3592 Judge J.E. Sullivan 

### U.S. AdministrativeLawJudge 

### Office ofHearings, M-20 U.S. Department ofTransportation 1200 NewJersey Avenue, S.E. (E11-310) Washington, DC 20590 TEL: 202-366-6941 FAJ(: 202-366-7536

1 Service was byU.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.