In The Matter Of: 

## SERVED: July 30,2015 U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS WASl-UNGTON, DC

Docket No. FAA-2015-1317 GOLDRING, AARON ) ) ) ) ) Case No. 2011EA150014 Respondent


### ORDER SETTING A RULE 16 LITIGATION SCHEDULING CONFERENCE, AND DIRECTING THE PARTIES TO

CONFER AND FILE A RlJLE 26(f) PROPOSED DISCOVERY PLAN 1) Rule 16 Litigation Scheduling Conference: . ;;

Pursuant to 14 C.F.R. § 13.205 and Civ. R. 16, the parties shall appear by telephone on Thursday, September 24, 2015, at 10:00 a.m. Eastern time for a Rule 16 Litigation Scheduling Conference. During this Conference the parties will discuss the issues in the dispute, theirjointly submitted proposed scheduling/discovery plan (see paragraph 2 infi-·a) 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 parties shall access the Conference by dialing 202-493- 2343. 2) Pat1ies' Rule 26(t) Planning Meeting and Submission ofProP.osed Discovery Plan: Pursuant to 14 C.F.R. § 13.205(a)(6) and Civ. R. 26(f),prior to convening with the Judge for the Rule 16 Litigation Scheduling Conference, the parties shall privately conduct a Rule 26(0 planning meeting and prepare ajointly written proposed scheduling/discovery plan, which must be completed and filed with the undersigned Judge on or before Thursday, September 17, 2015 (i.e. at least seven (7) calendar days before the Conference).The attorneys ofrecord and all unrepresented parties arejointlyresponsible for arranging the Rule 26(£) conference, and for attempting in good faith to agree onthe proposed discovery plan. The parties' Rule 26(£) planning meeting shall include a good faith discussion aboutthe nature andbasis ofeachparty's claims, the possibility ofresolving all orpart ofthe case, the scope andtype ofdiscovery (including electronic discovery) andtheplace ofvenue for hearing. During this meeting, the parties shall discuss matters identified in 14 C.F.R. 

### § 13.217 and Rule 26(£)(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 inphases to prepare for any filing ofparticular motions (e.g., limiting scope oftrial, dispositive motions, etc.). The proposed discovery deadlines inthe parties' proposed scheduling/discovery plan should bemutually agreeable, with a viewto achieving case resolution with a minimum of expense and delay. Any unresolved scheduling/discovery disputes should be clearly identified in the proposed plan, so thatthese disputes may be addressed by the Judge during the Rule 16 Litigation Scheduling Conference. 3) Filing and Serving Documents: Pursuantto 14 C.F.R. 

### § 13.211(a), a copy ofany document a party files withthe Federal Aviation Administration Hearing Docket ("Hearing Docket") must also be separately filed with the undersigned, and served uponthe 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 bywhichthe documents mustbe datestamped received atthe Office ofHearings. To ensure compliance with this and any future Orders setting deadlines, the parties are encouraged to fax orpersonally deliver a copy oftheir documents to the Office ofHearings (Fax: 202-366-7536), on orbefore the deadline date.

Page 2 of3Failure of

## a partyto timely file documents bythe court-ordered deadline could leadto the party's positionnotbeing considered. 5) Conflicts withthe Rule 16 Litigation Scheduling Conference Date: Ifa partyhas anunavoidable conflict withthe Scheduled Rule 16 Litigation Scheduling Conference setinparagraph 1

### supra, and wishes to modify the date/time ofthe scheduled Conference, the party shall first confer with opposing counsel about mutually agreeable alternatedates, andthen contactMr. Cody 

### L. Smith, Attorney-Advisor atthe Office of Hearings 

### (202-366-6941) as soon as possible after the receipt ofthis Order, with at leastthree 

### (3) mutually-agreed, proposed alternate dates/times for the Judge's consideration.

IVan , U.S. Administrative Law Judge

Attachment: Service List

Page 3 of3SERVICE LIST- BY U.S. MAIL

Federal Aviation Administration 800 Independence Avenue, S.W. Washington, DC 20591 ORIGINAL & ONE COPY

Attention: Hearing Docket Clerk, AGC-430 Wilbur Wright Building-Suite 2W10001

Mr. Daniel Kohlmeyer 

### Complainant's Counsel ONECOPY

Office ofRegional Counsel, Eastern Region Federal Aviation Administration 1 AviationPlaza Jamaica, NY 11434 TEL: 718-553-3266 FAX: 718-995-5699 Mr. Aaron Goldring 

### Respondent 1824 Henrickson Street Brooklyn, NY 11234 Judge J.E. Sullivan 

### US. Administrative LawJudge Office ofHearings, M-20 U.S. Department ofTransportation 1200NewJersey Avenue, S.E. (E11-310) Washington, DC 20590 TEL: 202-366-6941 FAX: 202-366-7536 DocketNo. FAA-2015-1317 (Civil Penalty Action)

1 Service was byU.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 2Wl000, Washington, DC 20591; Attention: Hearing Docket Clerk, AGC--430.