In The Matter Of: 

SERVED: OCTOBER 1, 2015 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

W ASlllNGTON, DC 

Docket No. PAA-2015-2442 

B & G INDUSTRIES, LLC 

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. Case No. 2013NM910238 

Respondent 

ORDER SETTING A RULE 16 LITIGATION 

SCHEDULING CONFERENCE, AND DIRECTING THE PARTIES TO 

CONFER AND FILE A RULE 26(t) PROPOSED DISCOVERY PLAN 

1) Rule 16 Litigation Scheduling Conference: 

Pursuant to 14 C.P.R.§ 13.205 and Civ. R. 16, the parties shall appear by telephone 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. During the Conference a 

final scheduling/discovery plan will be ruled upon, as well as any other related 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 of Proposed Discovery Plan: 

Pursuant to 14 C.P.R.§ 13.205(a)(6) and Civ. R. 26(f),prior to convening with the Judge 

for the Rule 16 Litigation Scheduling Conference, the parties shall privately conduct a Rule 26(f) 

planning meeting and prepare a jointly written proposed scheduling/discovery plan, which must 

be completed and filed with the undersigned Judge on or before Thursday, January 14, 2016 

(i.e. at least seven (7) calendar days before the Conference). 

The attorneys of record and all unrepresented parties are jointly responsible for arranging 

the Rule 26(f) conference, and for attempting in good faith to agree on the proposed discovery 

plan. 
The parties' Rule 26(f) planning meeting shall include a good faith discussion about the 

nature and basis of each party's claims, the possibility of resolving all or part of the case, the 

scope and type of discovery (including electronic discovery) and the place of venue for hearing. 

During this meeting, the parties shall discuss matters identified in 14 C.P.R.§ 13.217 and Rule 

26(f)(2) and (3) as part of developing their proposed scheduling/discovery plan. 

The parties' planning meeting should also include discussion about the sequence and 

timing of follow-up discovery, including whether that discovery should be conducted in phases 

to prepare for any filing of particular motions (e.g., limiting scope of trial, dispositive-motions, 

etc.). 

The proposed discovery deadlines in the parties' proposed scheduling/discovery plan 

should be mutually agreeable, with a view to achieving case resolution with a minimum of 

expense and delay. Any unresolved scheduling/discovery disputes should be clearly identified in 

the proposed plan, so that these disputes may be addressed by the Judge during the Rule 16 

Litigation Scheduling Conference. 

3) Filing and Serving Documents: 

Pursuant to 14 C.P.R. § 13.211(a), a copy of any 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: 

Whenever the 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 must be datestamped received at the Office of Hearings. To ensure compliance with this and any future 

Orders setting deadlines, the parties are encouraged to fax or personally deliver a copy of their 

documents to the Office of Hearings (Fax: 202-366-7536), on or before the deadline date. 

Failure of a party to timely file documents by the court-ordered deadline could lead to the party's 

position not being considered. 

Page 2 of3 
5) Conflicts with the Rule 16 Litigation Scheduling Conference Date: 

If a party has an unavoidable conflict with the Scheduled Rule 16 Litigation Scheduling 

Conference set in paragraph 1 supra, and wishes to modify the date/time of the scheduled 

Conference, the party shall first confer with 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 of this 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 of3 
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 2W1 0001 

Mr. Robert Spitzer 

Complainant's Counsel 

Northwest Mountain Region, ANM-7 

Federal Aviation Administration 

1601 Lind Ave., S.W. 

Renton, W A 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 Law Judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

ONE COPY 

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

Washington, DC 20590 

TEL: 202-366-6941 

FPCK: 202-366-7536 

Docket No. FAA-2015-2442 

(Civil Penalty Action) 

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 2W1000, Washington, 

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