In The Matter Of: 

## SERVED: March 13, 2014
U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS WASHINGTON, DC

011q DocketNo.**FAA-2013-~** LINCOLN PARK AVIATION ) ) ) ) ) Case No. 2012EA250037 Respondent

ORDERSETTINGLITIGATION DATES AND PROCEDURES OnJanuary 2, 2014,an Order Setting Rule 16 Litigation Scheduling Conference and Directing Rule 26(t) Planning and Submission was filed. OnFebruary 10, 2014, the parties filed a Joint Proposed Procedural Schedule. On February 25_, 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 after reviewing all relevant cas_elaw, regulation, statutory authority, and being fully advised;

IT IS HEREBY ORDERED: A. The litigation dates, discovery procedures, and hearing dates are hereby set as' follows: 1. March 11,2014: Deadline for InitialDisclosures. To ensure thatthe parties have sufficienttime to address all issues in dispute, on or before March 11, 2014 the parties shall serve each otherwithinitial disclosures (as described in Civ. R. 26(a)(l)(A)(i), (ii), and (iii)) without waiting for a specific discovery request. 2. On orbeforeMarch 11,2014: GeneralDiscovery Initiated. Pursuant to 14 C.F.R. §13.220(a), the parties may immediately begin conducting general discovery. In orderto ensure full use ofthe discovery time allotted inthis case, the parties shall begin exchanging or serving general discovery requests on orbefore March 11, 2014, pursuant to 14 C.F.R. §13.220 (b), (c), (d) and (e). General discovery includes, but is not limited to: notices ofdeposition; requests for production ofdocuments; propounding interrogatories; requests for admission; etc. !

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3. Service ofInterrogatories. Pursuant to 14 C.F.R. §13.220(k)(1 ), a party shall not serve more than thirty (30) interrogatories upon each other. Each subpart ofan interrogatory shall.be counted as a separate interrogatory.

a. 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) supporting the objection. 4. Motions to Limit Discovery upon Receipt ofDiscovery Request: A party served with a discovery request who seeks to limit discovery pursuantto 14 C.F.R. 

### § 13.220(£), (g), and (h), shall file a Motion for Reliefwithin fifteen (15) days after service ofthe disputed discovery request.

a. Copy ofDisputed Discovery: Pursuantto 14 C.F.R. 

### §13.220(b), only a copy of the disputed discovery, in support ofthe motion, should be attached to the Motion orthe Response. b. The Motion should include a declaration by the moving party, confirming that the movanthas already conferred or attempted to confer in good faith withthe opposing party regarding the disputed discovery or disclosure, to try andresolve the matter informally, priorto seeking courtrelief.

c. Response to Motion to Limit Discovery. Any Response to the Motion should be filed no later than ten (10) days after service ofthe Motion. 5. May 2, 2014: Retained/Hired or Employee Expert Witness 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 orbefore May 2, 2014. This expert witness disclosure shall include the name ofthe witness, the witness's resume or qualifications, and the witness's writtenreport 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. 6. Motions to Compel Discovery: A party seeking to compel discovery must file a Motion to Compel within fifteen (15) days after service ofa deficient response or afterthe response to the discovery is due, whichever occurs first.

a. Procedure for Motion: Any Motion and/or Response to Compel Discovery shall be filed inthe same manner as directed above for Motions to Limit Discovery (paragraph4 and 4 (a)-(c)).
Page 2 of57. June 6, 2014: Deadline for Completing General Discovery. Onorbefore June 6, 2014, the parties shall finish responding and serving answers to all general discovery requests pursuantto 14 C.P.R. §13.220. This includes the taking ofdepositions, pursuant to 14 C.P.R. §13.2200). 8. Duty to Supplement or Amend Discovery: Pursuantto 14 C.P.R.§ 13.220(i), a party who has responded to a discovery request inthis case has a duty to supplement or amend the response throughout the litigationperiod, as soon as the information is known. 9. June 27,2014: Deadlines for Filing Dispositive Motion(s). The last date for both parties to file any/all pre-hearing dispositive motions, including Default Motions and/or Summary JudgmentMotions. a) July 15, 2014: Deadline for filing Answer to Dispositive Motion(s); b) July 30,2014: Deadline for filing Reply (ifany). 10. Telephone Conference: August 12,2014 (1:30 p.m.-3:00p.m. ET). On August 12, 2014 (1:30pm-3:00pm), the parties shall convene by telephone for oral argument on any filed dispositive motions. N.B. Ifthe parties do notfile dispositive motions, then this Telephone Conference will be automatically converted and held as a Pre-Hearing Status Conference. 11. September 19,2014: List ofWitnesses/Exchange ofExhibits. Onorbefore 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 ofthetestimony expected from each such witness; c) The resume ofeach witness who will be offered as an expert; d) The documents theparty intends to offer in evidence (pre-marked as noted in paragraphE, infra); and e) Anindex cover sheet with·abriefdescription ofeach document. 12. October 10, 2014: Written Stipulations and/or Agreed Motions in Limine. On or before October 10, 2014, the parties shall file any written stipulations thatnarrowthe factual or legal issues, and/orthat are agreed Motions in Limine. 13. November 4, 2014- November 5, 2014: Hearing Dates. Based onthe parties' agreement, the Hearing will take two (2) days or less. The Hearing will beginonTuesday, November 4, 2014 (9:00 a.m-5:00 p.m. ET) in Central Islip, New York. The Hearing will end on Wednesday, November 5, 2014 (9:00 a.m.-5:00 p.m. EST). 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 withthe Office ofHearings, except as part ofa motion regarding limited discovery, disputed discovery, or as part ofa motionto compel discovery.
Page 3 of 5C. Failure to Move for Timely Relief/Late Service ofDiscovery: The failure to timely respond to discovery requests, and/or to timely move for relief regarding discovery disputes during the discovery period, may result in a finding that the party 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-hearing telephone conference onthe Judge's calendar, the party shall first confer with opposing counsel about mutually agreeable alternate dates. The movant shall next contact 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. Exhibits Broughtto the Hearing: Eachparty must bring to the Hearing at least three copies ofany documents it intends to offer in evidence as exhibits (two for the Judge and one 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," "R-3," etc. F. Examination Process atthe Hearing: At the Hearing, there will be the opportunity for direct examination, cross-examination, and redirect examination ofeach witness. Only one representative ofa partymay direct or cross-examine a witness onbehalfofthat party. Pursuant to 14 C.P.R. §13.205 and 14 C.P.R. §13.222, the Federal Rules ofEvidence will be utilized as a guideline in determining the admission ofall evidence. G. Attorney Withdrawal: Pursuantto 14 C.F.R. §13.218, an attorney who wishes to withdraw from representing a party must file a Motion to Withdraw. Inthis Motion, the attorney shall confirm the following:

a. The date the Respondent was served with written notice ofthe attorney's intentto withdraw; b. The name ofthe designated agent/lay representative ifthe Respondent inthe action is a business entity; c. The current business address, telephone number, and fax number ofthe Respondent and ofits designated agent; d. A statement that the Respondent has been notified in writing ofthe pending hearing dates in this litigation, as well as the pending pre-hearing discovery deadlines and telephone conferences; and e. A statement that the Respondent has been provided a copy ofall Orders issued in this litigation, as well as any other legal documents to whichthe Respondent is entitled.

Page 4 of5H. CourtFiling ofExhibits withthe Hearing Docket: Whenthe court issues its initial decision, it will also file a complete copy ofall Exhibits that the parties moved for admission during the Hearing. I. Requests for Modification ofthis Order: Any requests for modification ofthe litigation dates and procedures set forth inthis Order shouldbe made by writtenMotion. The parties may also file an agreed written request. 

### J. Clarification or Questions: For clarifications ofthis order or questions withregard to 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

Page 5 of 5SERVICE LIST 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

Mr. Zachery M. Berman Complainant's Counsel Office ofthe Regional Counsel Eastern Region Federal Aviation Administration 1Aviation Plaza Jamaica, NY 11434 TEL: 718-553-3258 FAX: 718-995-5699 Mr. Frank R. Galella, III Respondent'sRepresentative Lincoln ParkAviation, Respondent 425 Beaverbrook Road Lincoln Park, NJ 07035 TEL: 973-633-0450 FPC(: 973-872-6256
Judge J.E. Sullivan US. Administrative LawJudge Office ofHearings, M-20 U.S. Department ofTransportation 1200 New Jersey Avenue, S.E. (E11-310) Washington, DC 20590 TEL: 202-366-6941 FAX: 202-366-7536 ONE COPY FDMS No. FAA-2013-0719 (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 IndependenceAvenue, S.W., Wilbur Wright Building-Suite 2Wl000, Washington, DC 20591, Attention: Hearing Docket Clerk, AGC-430.