InThe Matter Of: 

## SERVED: OCTOBER 1, 2015
U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS WASlllNGTON, DC

Docket No. PAA-2015-2442 B & G INDUSTRIES, LLC ) ) ) ) ) .Case No. 2013NM910238 Respondent

ORDER SETTING A RULE 

### 16 LITIGATION SCHEDULING CONFERENCE, AND DIRECTING THE PARTIES TO

CONFERAND FILE A RULE 

### 26(t) PROPOSED DISCOVERY PLAN 1) Rule 16 Litigation Scheduling Conference: Pursuantto 14 C.P.R.§ 13.205 and Civ. R. 16, the parties shall appear bytelephone on 

### Thursday,January 21,2016, at 1:30 p.m. 

### Eastern time for a Rule 16 Litigation Scheduling Conference. During this Conference the parties will discuss the issues in the dispute, their jointly submitted proposed scheduling/discovery plan (see paragraph 2 infra) and respond to any questions regarding disagreements not resolved in the proposed plan. Duringthe Conference a 

### final scheduling/discovery plan will be ruled upon, as well as any otherrelated matters pursuant to Rule 16(c). The parties shall access the Conference by dialing 202-493-2343.
2) Parties' Rule 26(f) Planning Meeting and Submission ofProposed Discovery Plan: Pursuant to 14 C.P.R.§ 13.205(a)(6) 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 ajointlywritten proposed scheduling/discovery plan, which must be completed and filed withthe undersigned Judge 

### on orbefore Thursday, January 14, 2016 (i.e. atleast seven (7) calendar days before the Conference). The attorneys ofrecord and all unrepresented parties arejointlyresponsible 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 discussion about the nature and basis ofeach party's claims, the possibility ofresolving all orpart ofthe case, the scope andtype ofdiscovery (including electronic discovery) and the place ofvenue for hearing. Duringthis meeting, the parties shall discuss matters identified in 14 C.P.R.§ 13.217 and Rule 26(f)(2) and (3) as part ofdeveloping their proposed scheduling/discovery plan. The parties' planning meeting should also include discussion about the sequence and timing offollow-up discovery, including whether that discovery should be conducted inphases to prepare for any filing ofparticularmotions (e.g., limiting scope oftrial, dispositive-motions, etc.). Theproposed discovery deadlines inthe parties' proposed scheduling/discovery plan shouldbe mutually agreeable, with a viewto achieving case resolution with a minimum of expense and delay. Any unresolved scheduling/discovery disputes should be clearly identified in the proposed plan, so thatthese disputes may be addressed by the Judge during the Rule 16 Litigation Scheduling Conference.
3) Filing and Serving Documents: Pursuantto 14 C.P.R. § 13.211(a), a copy ofany document a party files with the Federal Aviation Administration Hearing Docket ("Hearing Docket") must also be separately filed with the undersigned, and served upon the opposing party. 4) Compliance with Court-Ordered Deadline Dates: Wheneverthe Judge orders the**p~ies** to file documents by a specific deadline date (see, e.g., paragraph 2 above) such deadline date is the date by which the documents mustbe datestampedreceived at the Office ofHearings. To ensure compliance withthis and any future Orders setting deadlines, the parties are encouraged to fax orpersonally deliver a copy oftheir documents tothe Office ofHearings (Fax: 202-366-7536), on orbefore the deadline date. Failure ofa party to timely file documents by the court-ordered deadline could leadto the party's position not being considered.

Page 2 of35) Conflicts withthe Rule 16 Litigation Scheduling Conference Date: Ifa party has 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 shallfirst conferwith opposing counsel about mutually agreeable alternate dates, and then contact Mr. Cody L. Smith, Attorney-Advisor at the 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.

Judge

. an U.S. Administrative Law Judge

Attachment: Service List

Page 3 of3SERVICE LIST- BY U.S. MAIL ORIGINAL & ONE COPY Federal AviationAdministration 800 Independence Avenue, S.W. Washington, DC 20591 Attention: Hearing Docket Clerk, AGC-430 Wilbur Wright Building-Suite 2W1000 1

Mr. Robert Spitzer 

### Complainant's Counsel Northwest Mountain Region, ANM-7 Federal Aviation Administration 1601 Lind Ave., S.W. Renton, WA 98057 TEL: 425-227-1847 FPCK: 425-227-1007 

### Mr. Karl Bertagnole, President B & G Industries, LLC 

### Respondent POBox669 Greybull, WY 82426 TEL: 307-765-9911 Judge J.E. Sullivan 

### US. Administrative LawJudge Office ofHearings, M-20 U.S. Department ofTransportation ONE COPY

1200 NewJersey Avenue, S.E. (Ell-310) Washington, DC 20590 TEL: 202-366-6941 FPCK: 202-366-7536 DocketNo. FAA-2015-2442 (Civil Penalty Action)

1 Service was byU.S. Mail. For service in person orby expedited courier, use the following address: Federal Aviation Administration, 600 Independence Avenue, S.W., WilburWright Building-Suite 2W1000, Washington, DC 20591; Attention: Hearing Docket Clerk, AGC-430.