In The Matter Of: 

SERVED: March 1, 2013 

U.S. DEPARTMENT OF TRANSPORTATION . 

OFFICE OF HEARINGS 

WASHINGTON, DC 

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Docket No. FMCSA-2011-0333 

NORTHEAST ENVIRONMENTAL 

TRANSPORTATION SERVICES, INC. 

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Case No. PA-2011-8018-US0222 

Respondent 

ORDER SETTING LITIGATION DATES AND PROCEDURES 

On January 2, 2013, an Order Setting Rule 16 Litigation Scheduling Conference and 

Directing Rule 26(t) Planning and Submission was filed. 

On February 20, 2013, the FMCSA filed a Rule 26(t) Proposed Discovery Plan. In its 

Discovery Plan, the FMCSA noted that the parties had met on February 11, 2013, and it was the 

FMCSA's belief that the matters and dates included in the Discovery Plan were agreed to by 

both parties. However, despite three attempts, the FMCSA had been unable to obtain the 

Respondent's signature. 

On February 22, 2013, the Office of Hearings received an e-mail from the FMCSA. The 

e-mail explained that earlier on February 22, 2013, the FMCSA received from the Respondent a 

signed copy of the February 20, 2013 Rule 26(t) Proposed Discovery Plan. The signed copy was 

attached to the e-mail. 

On February 28, 2013, the parties appeared by telephone for a Rule 16 Litigation 

Scheduling Conference, and discussed their calendar availability, hearing dates, and other 

litigation procedural matters. Pursuant to 49 C.P.R. §386.37; 49 C.P.R. §386.54; 49 C.F.R. 

§386.55; and Civ. R. 16, and after reviewing all relevant caselaw, regulation, statutory authority, 

and being fully advised; 

It Is Hereby Ordered: 

A. The litigation dates and hearing dates are set as follows: 

1. March 11, 2013: Initial Discovery Disclosure Deadline. The last date for the 

parties to serve each other, without request, the initial discovery disclosure materials 

pursuant to Civ. R. 26(a)(1)(A). 
2. March 25, 2013: General Discovery Start Date. On or before March 25, 2013, the 

parties shall begin exchanging or serving all general discovery requests pursuant to 

49 C.F.R. §§ 386.37-386.48 and Civ. R. 26-Civ. R. 36. This includes, but is not 

limited to: propounding interrogatories; requests for production of documents; and 

requests for admissions, sending notices of depositions; subpoenas duces tecum;, 

pursuant to Civ. R. 26(b), etc. 

3. Service oflnterrogatories: Pursuant to 49 C.F.R. § 386.42(b), a party shall not serve 

more than thirty (30) interrogatories to each other, and each subpart of an 

interrogatory shall be counted as a separate interrogatory. 

4. Objections to and Motions regarding Interrogatories: Pursuant to 49 C.F.R. 

§ 386.42(c), any objection(s) to interrogatories shall be filed within ten (10) days 

after receipt of the interrogatories. Pursuant to 49 C.F .R. § 3 86.45 and Paragraphs D 

and G infra, any Motions to Compel for deficit interrogatory response(s) shall be 

filed within ten (10) days after receipt of the objection or deficit answer. 

5. April25, 2013: Deadline for the Claimant to serve the Respondent with its Expert 

Witness Disclosure and Reports pursuant to Civ. R. 26(a)(2)D). 

6. May 15,2013: Deadline for the Respondent to serve the Claimant with its Expert 

Witness Disclosure and Reports pursuant to Civ. R. 26(a)(2)D). 

7. June 25,2013: Deadline for Responses to General Discovery Requests. The last date 

for both parties to finish responding and serving answers to all additional general 

discovery requests pursuant to Civ. R. 26-Civ. R. 36, 49 C.F.R. §§ 386.37(c), 

386.42(c), and 386.46(5)(c). This includes the exchange of Expert Witness Rebuttal 

Reports. 

8. July 15, 2013: Supplemental Discovery Deadline. The last date for both parties to 

complete exchange of all supplemental discovery requests, including but not limited 

to the exchange of any remaining factual discovery, the notices and taking of 

supplemental depositions, and any other discovery matters pursuant to Civ. R. 26-

Civ. R. 36 and 49 C.F.R. § 386.40. 

9. August 1, 2013: Deadlines for Dispositive Motion(s). The last date for both parties 

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

and/or Summary Judgment Motions. 

a) August 15,2013: Deadline for filing Answer to Dispositive Motion(s); 

b) August 30, 2013: Deadline for filing Reply (if any). 

10. September 18,2013: ll:OOam -12:00pm ET. The Telephone Conference for Oral 

Argument on any Dispositive Motions. NB: If the parties do not file dispositive 

motions, this Telephone Conference will be automatically converted and held as a 

Pre-Hearing Status Conference. 

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11. October 30, 2013: The last date for the parties to Exchange Lists of Witnesses and 

Exhibits: The last date for each party to serve and file the following: 

a) A list of the witnesses the party intends to call; 

b) A short statement of the testimony expected from each such witness; 

c) The resume of each witness who will be offered as an expert; and 

d) The documents the party intends to offer in evidence (pre-marked as noted in 

Paragraph E, infra). 

12. November 8, 2013: Motions in limine or Stipulations. The deadline for the parties to 

file any written motions in limine and/or stipulations. 

13. November 19, 2013 and November 20,2013: Hearing dates. The parties agree that 

the hearing will take two (2) days. The two (2) day hearing will begin on Tuesday, 

November 19,2013 (9:00am-5:00pm) and conclude on Wednesday, November 20, 

2013 (9:00am-5:00pm). The specific location of the hearing in Allentown, 

Pennsylvania will be provided to the parties prior to the hearing. 

B. Requests for modification of the litigation dates set forth in paragraph A may be made by 

written Motion. Before filing such a Motion, however, the party seeking the modification shall 

contact the opposing party and seek to arrive at mutually convenient alternative date(s). A report 

on the result of this discussion shall be included by the movant in the Motion. A party filing a 

Motion for Relief shall also set up a telephone conference, pursuant to Paragraph G infra. 

C. Discovery requests or documents complying with discovery requests need not be filed in 

this case with the Office of Hearings, except as part of a motion regarding disputed discovery, or 

as part of a motion to compel discovery. 

D. Any Motions regarding discovery, including a Motion to Compel Discovery, must be 

filed within ten (10) calendar days after service of a deficient response or after the response to 

the discovery is due, whichever occurs first. Motions to Compel and other discovery motions 

must be accompanied by the discovery requests and responses, and a declaration by the moving 

party, pursuant to Civ. R. 37(a)(l), that the movant has conferred or attempted to confer in good 

faith with the party alleged to have failed to make discovery or disclosure. 

The Civ. R. 37(a)(l) declaration shall specifically indicate the efforts made by the movant 

to resolve the dispute and identify which discovery matters remain in dispute. Statements in 

opposition to discovery motions must be filed within ten (10) calendar days after service of the 

motion. The failure to timely file objections to discovery may result in the objections being 

deemed waived. Belated service of burdensome discovery requests may also be grounds for 

denial of a motion to compel compliance with such requests. 

E. Each party must bring to the hearing at least three copies of any documents it intends to 

offer in evidence as exhibits (one for the Judge and two for the official reporter). The exhibits 

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. 

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F. At the hearing, there will be the opportunity for direct examination, cross-examination, 

redirect examination, and re-cross-examination of each witness. Only one representative of a 

party may cross-examine a witness on behalf of that party. Pursuant to 49 C.F.R. §386.56(c), the 

Federal Rules of Evidence will be utilized as a guideline in determining the admission of all 

evidence. 

G. Prior to the hearing dates, if a party wishes to schedule oral argument on any motion, or 

set up any type of telephone conference on the Judge's calendar, the party shall first confer with 

opposing counsel about mutually agreeable alternate dates, and then contact the Office of 

Hearings (202-366-6941) as soon as possible, with at least three (3) mutually-agreed, proposed 

alternate dates/times for the Judge's consideration. The movant shall be responsible for 

contacting the Office of Hearings. 

H. Stipulation(s): The following agreement(s) of the parties are hereby confirmed and 

adopted: (1) the venue location for the Hearing is Allentown, Pennsylvania. 

I. For clarifications of this order or questions with regard to the procedures to be followed 

in this case, please contact Attorney-Advisor Mr. Cody L. Smith at (202) 366-6941 at the Office 

of Hearings. 

Attachment: Service List 

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SERVICE LIST 

ORIGINAL & ONE COPY 

U.S. Department of Transportation 

Docket Operations, M-30 

West Building Ground Floor 

Room W12-140 

1200 New Jersey Avenue, S.E. 

Washington, DC 20590 

Mr. John C. Bell, Esq. 

Claimant's Counsel 

ONE COPY 

Trial Attorney, Office of Chief Counsel (MC-CCE) 

Eastern Service Center 

Federal Motor Carrier Safety Administration 

802 Cromwell Park Drive, Suite N 

Glen Burnie, MD 21061 

TEL: 443-703-2249 

FAX: 443-703-2253 

Mr. Bernard A. Dutz, President 

Northeast Environmental Transportation Services, Inc., 

Respondent 

326 South Church Street 

Hazelton, P A 18201 

TEL: 570-459-2301 

FAX: 570-459-2302 

Judge J. E. Sullivan 

US. Administrative Law Judge 

U.S. Department of Transportation 

Office ofHearings, M-20 

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

Washington, DC 20590 

TEL: 202-366-2132 

FAX: 202-366-7536 

Docket No. FMCSA-2011-0333 

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