\,



### In The Matter Of: PUERTO RICO 

## SERVED: MAY 16,2014
U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS WASHINGTON, DC

DocketNo. FAA-2013-1086 POLICE DEPARTMENT ) ) ) ) ) ) 

### Case No. 2011S019018l Respondent I



### 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)(l) and (7) and Civ. R. 16, the parties shall appear by telephone on Tuesday,July 15,2014, at 1:30 p.m. Eastern time for a Rule 16 Litigation Scheduling Conference. During this Conference the parties will discuss the issues inthe 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 other related matters pursuantto Rule 16(c). The parties shall access the Conference by dialing 202-493-2343.
2) Parties' Rule 26(0 Planning Meeting and Submission ofProposed Discovery Plan: Pursuantto 14 C.F.R. 

### § 13.217 and Civ. R. 26(f),prior

### to convening withthe Judge for the Rule 16 Litigation Scheduling Conference, the parties shall privately conduct a Rule 26(f) planning meeting and prepare ajointly written proposed scheduling/ discovery plan, which must be completed and filed withthe undersigned Judge on or before Tuesday, July 8, 2014 (i.e.
seven (7) calendar days before the Conference). The attorneys ofrecord and all unrepresented parties arejointly responsible for arranging the Rule 26(f) conference, and for attempting in good faith to agree onthe proposed discovery plan.The parties' Rule 26(f) planning meeting shall include a good faith disc.ussion aboutthe nature and basis ofeach party's claims, the possibility ofresolving all orpart ofthe case, the scope and type ofdiscovery (including electronic discovery) andthe place ofvenue for hearing. During this meeting, the parties shall discuss matters identified in 14 C.F.R. § 13.217 and Rule 26(f)(2) and (3) as part ofdeveloping theirproposed scheduling/discovery plan. The parties' planning meeting should also include discussion about the sequence andtiming offollow-up discovery, including whetherthat discovery should be conducted 

### inphases to prepare for any filing ofparticular motions (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 a minimum ofexpense and delay. Any unresolved scheduling/discovery disputes should be clearly identified inthe proposed plan, so that these disputes may be addressed bythe Judge during the Rule 16 Litigation Scheduling Conference. In addition to filing the proposed scheduling/discovery planby regular mail filing withthe Federal Aviation Administration Hearing Docket Clerk, 

### the parties shall file a working copy of the scheduling/discovery planwith the undersigned Judge atthe Office ofHearings by fax, express carrier, orpersonal delivery. The certificate ofservice shouldreflect the manner of service.
3) Conflicts with Rule 16 Litigation Scheduling Conference Date: Ifa partyhas anunavoidable 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 atthe 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 of2DocketNo. FAA-2013-1086 (Civil PenaltyAction) 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-Suite 2W1000 1



### Mr. Christopher R. Stevenson 

### Complainant's Counsel Office ofthe Regional Counsel, AS0-7 Southern Region Federal Aviation Administration 1701 ColumbiaAvenue College Park, GA 30337 TEL: 404-305-5200 FAX: 404-305-5223 Ms. Melissa Rios Montoya, Director Nazihra M. Abdulrahman Soler, Attorney 

### Respondent'sRepresentatives Office ofLegal Affairs P.O. Box 70166 San Juan, P.R. 00936-8166 TEL: 787-793-1234 ext. 3067, 3408, or 2203 FAX: NOT PROVIDED Judge J.E. Sullivan 

### US AdministrativeLawJudge 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 ONE COPY

Puerto Rico Police Department 

### Respondent P.O. Box 70166 San Juan, PR 00936-8166

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