U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS 

### loi WASHINGTON, de
FEDERAL AVIATION ADMINSTRATON ) ) ) ) ) ) ) ) Complainant, FELTS FIELD AVIATION Respondent.**~~~~~~~~~~~~~-)** Docket No. FAA-2015-3307 CaseNo. 2015WP910090 Hon. J.E. Sullivan

JOINT PROPOSED SCHEDULING AND DISCOVERY PLAN Pursuant to the Court's Order ofDecember 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 theirrespective counsel,jointlypropose 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 oftheir claims and defenses and the possibilities for promptly settling or resolving the case. Arrangements for the disclosures required by Rule 26(a)(l) willbe outlined below. There are no issues aboutpreservingdiscoverable information. The proposed discoveryplan is:

1. March 11, 2016 -deadlinefor filing general discovery requests, includingbut not limited to: taking depositions; serving and answer requests for production of documents; interrogatories; requests for admissions; etc.

12. 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 statementofopinion (including disclosure ofthe basis ofthe 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 ofdepositions, 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. September2, 2016 -Exchangeoflistofwitnesses and exhibits.
6. September2, 2016- Written Stipulations and/or agreed motions in Limine. On orbefore September 30, 2016, the parties shall file any written stipulations that narrow the factual
orlegal issues, andthat are agreedMotions in Limine.

27. 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) otherthan 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'scomplaint. Discovery shouldbe 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 aword document (.doc) or a searchable .pdfdocument (.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 reliefwithin 10 days of service ofthe disputed discovery request.
2. Motion to Compel Discovery: Aparty seeking to compel discoverymust file aMotionto Compel within I0 days ofreceipt ofservice ofa 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 ofprivilege or ofprotection as trial-preparation materials. Ifissue arise, they will addressed with

3Motions to Limit or Compel Discovery. The parties do not request that this agreement be included in an orderunder Federal Rule ofEvidence 502.

In accordance with Civ. R. 26(f)(3)(E), changes in the limitations on discovery imposed under these rules orby localrule are outlined above. No otherlimitations shouldbe 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) orunder Rule 16(b) and (c).

Respectfully submittedthis 2"d day ofFebruary, 2016.

# ;;~ Mark

# J.i} 

# !ill Conlin, Maloney & Miller 421 W. Riverside Ave., Suite 911 Spokane, WA 99201 Attorney for Respondent Felts FieldAviation, Inc. 14 East MainAve. Spokane, WA 99201-0405 Respondent Telephonically Approved Robert Spitzer NorthwestMountain Region. ANM-7 Federal Aviation Administration 1601 Lind Ave., S.W. Renton, W A 98057 Attorney for Complainant

4CERTIFICATE OF SERVICE I hereby certify that on this day copies ofthe foregoing Joint Proposed Scheduling and Discovery Planwere sent first class mail and fax as follows: Judge J.E. Sullivan U.S. Administrative LawJudge Office ofHearings, M-20 U.S. Department ofTransportation 1200NewJersey Avenue, S.E. (Ell-310) Washington, DC 20590 (Fax) 202-366-7536 Mr. Robert Spitzer Northwest MountainRegion, 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 DiscoveryPlan were sentfirst class mail as follows: Federal Aviation Administration ATTN: Hearing Docket Clerk, AGC-430 Wilbur Wright Building- Suite 2W1000 800 Independence Avenue S.W. Washington, DC 20591- Date: February 2, 2016 Cindy Allert Legal Assistantto Mark 

### Conlin

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