In The Matter Of: 

## SERVED: May 13, 2014
U.S. DEPARTMENT OFTRANSPORTATION OFFICE OFHEARINGS WASHINGTON, DC

DocketNo. FAA-2013-1078 RENAISSANCE JET, INC. ) ) ) ) ) Case No. 2012EA390030 Respondent

ORDER SETTING LITIGATION DATES AND PROCEDURES On March 12, 2014, an Order Setting Rule 16 Litigation Scheduling Conferenceand Directing Rule 26(f) Planning and Submission was filed. On May 13, 2014, the parties appeared by telephone for a Rule 16 Litigation Scheduling Conference, and discussed their calendar availability, hearing dates, and other litigation procedural matters. Pursuantto 14 C.F.R. §13.205(a)(1), (6) and (7), Civ. R. 16, 14 C.F.R. §13.217, and 14 C.F.R. §13.220, and afterreviewing all relevant caselaw, regulation, statutory authority, and being fully advised;

IT IS HEREBY ORDERED: A. The litigation dates, discovery procedures, and hearing dates**ar~** hereby set as follows: 1. May 27, 2014: Deadlinefor InitialDisclosures. To ensure that the parties have sufficienttime to address all issues in dispute, on orbefore May 27, 2014 the parties shall serve each other with initial disclosures (as described in Civ. R. 26(a)(l)(A)(i), (ii), and (iii)) without waiting for a specific discovery request. 2. On orbeforeJune 2, 2014: GeneralDiscovery Initiated. Pursuantto 14 C.F.R. §13.220(a), the parties mayimmediatelybegin conducting general discovery. However, in orderto ensure full use ofthe discovery time allotted in this case (14 C.F.R. §13.220 (b), (c), (d) and (e)), the parties shall begin exchanging or serving general discovery requests on orbefore June 2, 2014. General discovery includes, but is not limited to: taking depositions; serving and answering requests for production ofdocuments; interrogatories; requests for admission; etc. 3. Service oflnterrogatories. Pursuantto 14 C.F.R. §13.220(k)(1), a party shall not serve more thanthirty (30) interrogatories upon each other. Each subpart ofan interrogatory shallbe counted as a separate interrogatory.
Page 1 of4a. Objection(s) to Interrogatories. Pursuant to 14 C.F.R. § 13.220(k), any objection in response to an interrogatory must include the reason(s) supportingthe objection. 4. Motions to Limit Discovery upon Receipt ofDiscovery Request: A party served with a discovery request who seeks to limit discovery pursuant to 14 C.F.R. 

### § 13.220(t), (g), and (h), shall file a Motion for Reliefwithin ten (10) days after service ofthe disputed discovery request.

a. Good Faith Declaration Included: The Motion should include a declaration by the moving party, confirming that the movant has already conferred or attempted to confer in good faith with the opposing party regarding the disputed discovery or disclosure, to try and resolve the matter informally, priorto seeking courtrelief. b. Copy ofDisputed Discovery: Pursuant to 14 C.F.R. §13.220(b), only a copy of the disputed discovery, in support ofthe motion, should be attached to the Motion or the Response.

c. Response to Motionto Limit Discovery. Any Response to the Motion should be filed no laterthan ten (10) days after service ofthe Motion. 5. Motions to Compel Discovery: A party seeking to compel discovery must file a Motion to Compel within ten (10) days after receipt ofservice ofa deficient response or after the response to the discovery is due, whichever occurs first.

a. Procedure for Motion: Any Motion and/or Response to Compel Discovery shall be filed in the same manner as directed above for Motions to Limit Discovery (paragraph 4 and 4 (a)-(c)). 6. Duty to Supplement orAmend Discovery: Pursuant to 14 C.F.R. § 13.220(i), a party who has responded to a discovery request in this case has a duty to supplement or amend the response throughout the litigationperiod, as soon as the information is known. 7. July 8, 2014: Retained/Hired orEmployee ExpertWitness Disclosures. Ifa party retains orhires a witness to provide expert testimony, or a party intends to utilize the testimony ofan employee whose duties regularly involve giving experttestimony

- then the party intending to offer such witness shall disclose this retained or employee expert witness to the opposing side on or before May 2, 2014. This expert witness disclosure shall include the name ofthe witness, the witness's resume or qualifications, and the witness's written report or statement ofopinion (including disclosure ofthe basis ofthat opinion).

a. Any and all other expert witnesses who eitherparty intends to call at the hearing shall be disclosed inthe initial discovery exchange, and in response to general discovery requests.

Page 2 of58. August 8, 2014: Deadline for Completing General Discovery. On orbefore August 8, 2014, the parties shall finish responding and serving answers to all general discovery requests pursuantto 14 C.F.R. §13.220. This includes the taking ofdepositions, pursuant to 14 C.F.R. §13.220G). 9. September 12,2014: Deadlines for FilingDispositive Motion(s). The last date for bothparties to file any/all pre-hearing dispositive motions, including DefaultMotions and/or Summary JudgmentMotions. a) September29, 2014: Deadline for filing Answerto Dispositive Motion(s); b) October 6, 2014: Deadline for filing Reply (ifany). 10. Telephone Conference: October 28, 2014 (10:30 a.m.-12:00 p.m. ET). On October 28, 2014 (10:30pm-12:00pm), the parties shall convene by telephone for oral argument on any filed dispositive motions. N.B. Ifthe parties do not file dispositive motions, then this Telephone Conference will be automatically converted and held as a Pre-Hearing Status Conference. 11. January 9, 2015:, List ofWitnesses/Exchange ofExhibits. On or before September 19,2014,the parties will serve and file the following: a) A list ofthe witnesses the party intends to call; b) A short statement ofthe testimony expected from each such witness; c) The resume ofeach witness who will be offered as an expert; d) The documents the party intends to offer in evi.dence (pre-marked as noted in paragraph E, infra); and e) Anindex cover sheet with a briefdescription ofeach document. 12. January 9, 2015: Written Stipulations and/orAgreed Motions 

### in Limine. On or before January 9, 2015, the parties shall file any written stipulations that narrowthe factual or legal issues, and/or that are agreed Motions 

### in Limine. 13. February 3, 2015- February 5, 2015: Hearing Dates. Based onthe parties' agreement, the Hearing will take two (2.5) days or less. The Hearing will begin onTuesday, February 3, 2015 (9:00 a.m-5:00 p.m. ET) in Charlotte, North Carolina. The Hearing will end on Thursday, February 5, 2015 (9:00 a.m.-12:00 p.m. ET). The specific location ofthe Hearing will be provided to the parties prior to the Hearing.
B. Discovery Requests and Exchanges: Discovery requests and exchanges need not be filed with the Office ofHearings, except· as part ofa motionregarding limited discovery, disputed discovery, or as part ofa motion to compel discovery. C. Failure to Move for Timely Relief/Late Service ofDiscovery: The failure to timelyrespond to discovery requests, and/or to timely move for relief regarding discovery disputes during the discovery period, may result in a finding thatthe Page 3 of5party has, through its actions, waived its right to relief. Late service ofdiscovery requests may also be grounds for denial ofa motion to compel compliance with such requests. D. Scheduling Motion or Pre-Hearing Conferences on the Judge's Calendar: Priorto the Hearing date(s), ifa party wishes to schedule oral argument on any motion, or set up any type ofpre-hearingtelephone conference on the Judge's calendar, the party shall first confer with opposing counsel about mutually agreeable alternate dates. The movant shall nextcontact Mr. Cody L. Smith, Attorney-Advisor, at the Office ofHearings (202-366-6941) as soon as possible, with at least three (3) mutually-agreed, proposed alternate dates/times for the Judge's consideration. E. Requests for Modification ofthis Order: Any requests for modification ofthe litigation dates and procedures set forth in this Order should be madeby written Motion. The parties may also file ari agreed written request. F. Attorney Withdrawal: Pursuant to 14 C.F.R. §13.218, an attorney who wishes to withdraw from representing a party must file a Motionto Withdraw. In this Motion, the attorney shall confirm the following:

a. The date the Respondent was served with written notice ofthe attorney's intent to withdraw; b. The name ofthe designated agent/lay representative ifthe Respondent in the action is a business entity; c. The current business address, telephone number, and fax number ofthe Respondent and ofits designated agent; d. A statementthat the Respondent has been notified in writing ofthe pendinghearing dates inthis litigation, as well as the pendingpre-hearing discovery deadlines and telephone conferences; and

. e. A statementthat the Respondent has been provided a copy ofall Orders issued inthis litigation, as well as any other legal documents to which the Respondent is entitled.
G. Exhibits Broughtto the Hearing: Each party mustbringto the Hearing three copies ofany documents it intends to offer in evidence as exhibits (one for the Judge andtwo for the courtreporter). The exhibits must have an index cover sheet, and should be pre-marked. Complainant's exhibits should be marked "C-1," "C-2," "C-3," etc. Respondent's exhibits should be marked "R-1," R-2," "R3," etc. IfExhibits are voluminous, they should betabbed and placed in a 3-ring binder. H. Examination Process at the Hearing: Atthe Hearing, there will be the opportunity for direct examination, cross-examination, and redirect examination ofeach witness. Only one representative ofa party may direct or cross-exa:mine a witness on behalfofthat party. Pursuant to 14 C.F.R. 

### §13.205 and 14 C.F.R. §13.222, the Federal Rules ofEvidence will be utilized as a guideline in determining the admission ofall evidence.

Page 4 of5I. Court Filing ofExhibits with the Hearing Docket: All Exhibits moved for admission during the Hearing will be attached to the Hearing transcript and filed withthe Hearing Docketby the court reporter. Any Exhibits not moved for admission atthe Hearing will be returned to the parties ordestroyed. 

### J. Clarification orQuestions: Forclarifications ofthis order orquestions withregardto the procedures to be followed inthis case, please contact Mr. Cody 

### L. Smith, Attorney-Advisor, at the Office ofHearings (202-366-6941).

Attachment: Service List Ivan Rt,H+H.mistrative LawJudge

Page 5 of5

# --------------------

# ..........

SERVICE LIST- BY U.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-Suite2W1000 1



### Mr. Zachary M. Berman 

### Complainant's Counsel ONE COPY



### Office ofthe Regional Counsel, Eastern Region Federal Aviation Administration 1Aviation Plaza Jamaica, NY 11434 TEL: 718-553-3258 FAX: 718-995-5699 Mr. John Adams Hodge 

### Respondent's Counsel John Adams Hodge and Associates, LLC Post Office Box 25553 Columbia, SC 292242 

### TEL: 803-783-9001/803-386-1504 FAX: 803-783-9210 Judge J.E. Sullivan 

### US AdministrativeLawJudge Office ofHearings, M-20 U.S. Department ofTransportation 1200 NewJersey Avenue, S.E. (Ell-310) Washington, DC 20590 TEL: 202-366-6941 FAX: 202-366-7536 FDMS No. FAA-2013-1078 (Civil Penalty Action)

1Service was by U.S. Mail. For service in person orby expedited courier, use the following address: Federal Aviation Administration, 600 Independence Avenue, S.W., Wilbur Wright Building-Suite2WIOOO, Washington, DC 2059I; Attention: Hearing Docket Clerk, AGC--430. 2 Service was byU.S. Mail. For service in person orby expedited courier, use the following address: John Adams Hodge and Associates, LLC, 136 Stonemark Lane, Suite 10, Columbia, SC 29210.