In The Matter Of: 

## SERVED: July 23,2013
U.S. DEPARTMENTOF TRANSPORTATION OFFICE OF HEARINGS WASHINGTON, DC

Docket No. FAA-2013-0291 AIRBORNE MAINTENANCE AND ENGINEERING SERVICES 

### ) ) ) ) ) ) Case No. 2011S0290032 Respondent

ORDER SETTING RULE 16 LITIGATION SCHEDULING CONFERENCE, AND DIRECTING RULE 26(t) PLANNING AND SUBMISSION 1) Rule 16 Litigation Scheduling Conference: Pursuantto 14 C.F.R. § 13.205(a)(1) and (7) and Civ. R. 16, the parties shall appear by telephone on 

### Tuesday, September24,2013 at 11:00 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 

### infra) and respond to any questions regarding disagreements not resolved inthe proposed plan. During the Conference a final scheduling/discovery plan will be ruled upon, as well as any otherrelated matters pursuantto Rule 16(c). The Office ofHearings will contact the parties with the conference call number and passcode priorto the Conference.
2) Parties' Rule 26(f) Planning Meeting and Submission ofProposed Discovery Plan: Pursuant to 14 C.F.R. § 13.217 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(f) plaru1ing meeting andprepare ajointly writtenproposed scheduling/ discovery plan, which must be completed and filed withthe undersigned Judge on orbefore 

### Tuesday, September 17, 2013 (i.e. seven (7) calendar days before the Conference). The attorneys ofrecord and all unrepresented parties arejointlyresponsible for arranging the Rule 26(t) conference, and for attempting in good faith to agree onthe proposed discoveryplan.The parties' Rule 26(±) planning meeting shall include a good faith discussion aboutthe nature and basis ofeachparty's claims, the possibility ofresolving all orpart ofthe case, the scope andtype ofdiscovery (including electronic discovery) and the place ofvenue for hearing. During this meeting, the parties shall discuss matters identified in 14 C.P.R. § 13.217 andRule 26(t)(2) and (3) as part ofdeveloping their proposed scheduling/discovery plan. The parties' planning meeting should also include discussion about the sequence andtiming offollow-up discovery, including whetp.er that discovery should be conducted inphases to prepare for any filing ofparticularmotions (e.g., limiting scope oftrial, dispositive motions, etc). The deadlines inthe parties' proposed scheduling/discovery plan should be mutually agreeable, with a viewto achieving case resolution with aminimum ofexpense and delay. Any unresolved scheduling/discovery disputes shouldbe clearly identified inthe proposedplan, so that these disputes may be addressed by the Judge during the Rule 16 Litigation Scheduling Conference. In addition to filing the proposed scheduling/discovery plan by regular mail filing withthe Federal AviationAdministration Hearing Docket Clerk, the parties shall file a working copy of the scheduling/discovery plan with the undersigned Judge at the Office ofHearings by fax, express carrier, or personal delivery. The certificate ofservice shouldreflect the manner of service.
3) Cont1icts with 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.

Attachment: Service List

Page 2 of 2SERVICE LIST- BY U.S. MAIL



### Federal AviationAdministration 800 Independence Avenue, S.W. Washington, DC 20591 ORIGINAL & ONE COPY



### Attention: Hearing Docket Clerk, AGC-430 Wilbur Wright Building-Suite 2W1000 1
ONE COPY


### Christopher R. 

### Stevenson, Complainant's Counsel 

### Office ofthe Regional Counsel, Southern Region Federal Aviation Administration P. 

### 0. Box 20636 Atlanta, GA 30320 TEL: 404-305-5200 FAX: 404-305-5223 Robert P. Silverberg, Respondent's Counsel 

### Silverberg, Goldman & 

### Bikofi, LLP Georgetown Place, Suite 120 1101 30t11 

### St., N.W. Washington, DC 20007 TEL: 202-944-3300 FAX: 202-944-3306
Judge J.E. Sullivan US. Administrative LawJudge 

### Oftice ofHearings, M-20 U.S. Department ofTransportation 1200NewJersey Avenue, S.E. (El1-310) Washington, DC 20590 TEL:**202~366-2132** 

### FAX: 202-366-7536 FDMS No. FAA-2013-0291 (Civil Penalty Action)

1 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 2WIOOO, Washington, DC 20591; Attention: Hearing Docket Clerk, AGC-430.