U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS loi 

WASHINGTON, de 

FEDERAL AVIATION ADMINSTRA TON ) 

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Complainant, 

FELTS FIELD AVIATION 

Respondent. 

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Docket No. FAA-2015-3307 

Case No. 2015WP910090 

Hon. J.E. Sullivan 

JOINT PROPOSED SCHEDULING AND DISCOVERY PLAN 

Pursuant to the Court's Order of December 1, 2015, and Civ. R. 26(f), Respondent's counsel, 

Mark J. Conlin, and FAA Counsel, Robert Spitzer, conferred on February 2, 2016. The parties, 

through their respective counsel, jointly propose to the following scheduling and discovery order 

agreed upon by the Parties. 

In accordance with Civ. R. 26(f)(2), the parties have considered the nature and basis of their 

claims and defenses and the possibilities for promptly settling or resolving the case. 

Arrangements for the disclosures required by Rule 26(a)(l) will be outlined below. There are no 

issues about preserving discoverable information. The proposed discovery plan is: 

1. March 11, 2016 -deadline for filing general discovery requests, including but not limited 

to: taking depositions; serving and answer requests for production of documents; 

interrogatories; requests for admissions; etc. 

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2. May 13, 2016 - Expert witness disclosures (for any expert witness to be called at 

hearing), including the witness's resume or qualifications, and the witness's written 

report or statement of opinion (including disclosure of the basis of the opinion). 

3. June 10, 2016- Deadline for Completing General Discovery- On or before June 10, 

2016, the parties shall finish responding and serving answers to all general requests 

pursuant to 14 CFR Section 13.220. This includes the taking of depositions, pursuant to 

14 CFR Section 13.2200). 

4. July II, 2016 - Deadlines for Filing Dispositive Motions. The last date for both parties 

to file any/all pre-hearing dispositive motions, including Default Motions and/or 

Summary Judgment Motions. 

a. July 12, 2016: Deadline for filing answers to dispositive motions. 

b. August 12, 2016: Deadline for filing Reply. 

c. August 31,2016: Oral argument on dispositive motions. 

5. September 2, 2016 -Exchange oflist of witnesses and exhibits. 

6. September 2, 2016- Written Stipulations and/or agreed motions in Limine. On or before 

September 30, 2016, the parties shall file any written stipulations that narrow the factual 

or legal issues, and that are agreed Motions in Limine. 

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7. October 11-12,2016- Hearing in Spokane, Washington. 

In accordance with Civ. R. 26(f)(3)(A), the parties do not contemplate any changes to Civ. R. 

26( a) other than those indicated above. 

In accordance with Civ. R. 26(f)(3)(B), discovery should be limited to subjects related to the 

issue at hand, the FAA's complaint. Discovery should be complete as indicated above. 

In accordance with Civ. R. 26(f)(3)(C), Motions to Limit or Compel Discovery are discussed 

below. Electronically stored information should "saved" as appropriate and produced m a 

"searchable" format such as a word document (.doc) or a searchable .pdf document (.pdf). 

I. Motion to Limit Discovery upon Receipt of Discovery upon Receipt of Discovery 

Request A party served with a discovery request who seeks to limit discovery pursuant 

to 14 CFR Section 13.220(f)(g), and (h), shall file a Motion for relief within 10 days of 

service of the disputed discovery request. 

2. Motion to Compel Discovery: A party seeking to compel discovery must file a Motion to 

Compel within I 0 days of receipt of service of a deficient response or after the response 

to the discovery is due, whichever occurs first. 

In accordance with Civ. R. 26(f)(3)(D), the parties do not anticipate and any issues about claims 

of privilege or of protection as trial-preparation materials. If issue arise, they will addressed with 

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Motions to Limit or Compel Discovery. The parties do not request that this agreement be 

included in an order under Federal Rule of Evidence 502. 

In accordance with Civ. R. 26(f)(3)(E), changes in the limitations on discovery imposed under 

these rules or by local rule are outlined above. No other limitations should be imposed. 

In accordance with Civ. R. 26(f)(3)(F), the parties do not request that the court issue. any other 

orders under Rule 26( c) or under Rule 16(b) and (c). 

Respectfully submitted this 2"d day of February, 2016. 

Mark ;;~ J.i} !ill 

Conlin, Maloney & Miller 

421 W. Riverside Ave., Suite 911 

Spokane, WA 99201 

Attorney for Respondent 

Felts Field Aviation, Inc. 

14 East Main Ave. 

Spokane, WA 99201-0405 

Respondent 

Telephonically Approved 

Robert Spitzer 

Northwest Mountain Region. ANM-7 

Federal Aviation Administration 

1601 Lind Ave., S.W. 

Renton, W A 98057 

Attorney for Complainant 

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CERTIFICATE OF SERVICE 

I hereby certify that on this day copies of the foregoing Joint Proposed Scheduling and 

Discovery Plan were sent first class mail and fax as follows: 

Judge J.E. Sullivan 

U.S. Administrative Law Judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

1200New Jersey Avenue, S.E. (Ell-310) 

Washington, DC 20590 

(Fax) 202-366-7536 

Mr. Robert Spitzer 

Northwest Mountain Region, ANM-7 

Federal Aviation Administration 

1601 Lind Ave. S.W. 

Renton, W A 98057 

(Fax) 425-227-1007 

I hereby certify that on this day copies of the foregoing Joint Proposed Scheduling and 

Discovery Plan were sent first class mail as follows: 

Federal Aviation Administration 

ATTN: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building- Suite 2W1 000 

800 Independence Avenue S.W. 

Washington, DC 20591-

Date: February 2, 2016 

Cindy Allert 

Legal Assistant to Mark Conlin 

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