In The Matter Of: PROFESSIONAL 

## SERVED: OCTOBER 14, 2015

U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS WASHINGTON, DC

DocketNo. FAA-2015-0638 FLIGHT TRANSPORT, INC. ) ) ) ) ) ) Case No. 2014S0190149 Respondent

CORRECTED ORDER SETTING LITIGATION DATES AND PROCEDURES

OnJuly 6, 2015, an Order Setting a Rule 16 Litigation Scheduling Conference and Directing the Parties to Confer and File a Rule 26(f) Proposed Discovery Plan was filed. On September 15,2015, the FAA filed the FAA's Proposed Schedule. The FAA also notedthatthe "Respondenthas declined to discuss [ajointproposed discovery plan]" despite the July 6, 2015 Order directing the parties to confer with each other and develop a plan. On September 23, 2015, priorto IO:OOam, the FAA informally contacted the Office of Hearings ("OH") attorney staffbytelephone, and statedthatthe parties were in settlement discussions. The OH staffconsulted with the Court, and then contactedbothparties by telephone and advisedthemthat they still needed to appear for the scheduled Rule 15 Litigation Scheduling Conference. The OH staffspoke directly withthe FAA attorney, and also withthe Respondent attorney's staffassistant, who confirmed thatthe Respondent attorney was aware thatthe Rule 16 Conference was set on September 23, 2015 at IO:OOam. Shortly thereafter, on September 23,2015 (IO:OOam) the FAA appeared bytelephone for the scheduled Rule 16 Litigation Scheduling Conference. The Respondent did not appear, and there was no explanation for its absence. Pursuantto 14 C.P.R.§§ 13.205(a)(l), (6), (7),; 13.220; and Civ. R. 16, and after reviewing all relevant caselaw, regulations, statutory authority, andbeing fully advised;

IT IS HEREBY ORDERED: A. The Respondent is deemed to have waived participation or objectionto the Litigation Schedule. The litigation dates, discovery procedures, and hearing dates are hereby set as follows: 1. October 8, 2015: Deadline for Initial Disclosures. To ensure that the parties have sufficienttimeto address all issues in dispute, on orbefore October 8, 2015 the partiesshall serve each other with initial disclosures (as described in Civ. R. 26(a)(1)(A)(i), (ii), and (iii)) without waiting for a specific discovery request. 2. On or before October 15,2015: General Discovery Initiated. Pursuantto 14 C.F.R. 

### § 13.220(a), the parties may immediatelybegin conducting general discovery. In orderto ensure full use ofthe discovery time allotted in this case, the parties shall begin exchanging or serving general discovery requests on or before October 15, 2015, pursuantto 14 C.F.R. § 13.220 (b), (c), (d) and (e). General discovery includes, but is not limitedto: notices ofdeposition; requests for production ofdocuments; propounding interrogatories; requests for admission; etc. A party shall respond to a general discovery request no laterthan 30 days after service ofthe request, unless otherwise agreed bythe parties. Any discovery requests served after October 15, 2015 must be served sufficiently early inthe discovery period to permitthe service ofresponses prior to the Deadline for Completing General Discovery 3. Service oflnterrogatories. Pursuant to 14 C.F.R. § 13.220(k)(1), a party shall not serve more thanthirty (30) interrogatories upon each other. Each subp\lli ofan interrogatory shall be counted as a separate interrogatory.

a. Objection(s) to Interrogatories. Pursuant to 14 C.F.R. § 13.220(k), any objection inresponse to an interrogatory must include the reason(s) supporting the objection. 4. Motions to Limit Discovery upon Receipt ofDiscovery Request: A party served with a discovery request who seeks to limit discovery pursuant to 14 C.F.R. § 13.220(f), (g), and (h), shall file a Motion for Reliefwithin ten (10) days after service ofthe disputed discovery request.

a. Good Faith Declaration Included: The Motion must include a declaration bythe moving party certifying thatthe movant has in good faith conferred or attempted to confer with the person or party requesting discovery, to try and informally resolve the disputed matter. Failure to include the good faith declaration may result in denial or postponement ofthe Motion. b. Copy ofDisputed Discovery: Pursuant to 14 C.F.R. § 13.220(b), only a copy of the disputed discovery, in support ofthe motion, should be attached to the Motion or the Response.

c. Response to Motionto Limit Discovery: Any Response to the Motion should be filed no later than ten (10) days after service ofthe Motion. 5. Motions to Compel Discovery: A party seeking to compel discovery mustfile a Motion to Compel within ten (10) days after service ofa deficientresponse or after the response to the discovery was due, whichever occurs first.

Page 2 of 6a. Good Faith Declaration Included: The Motionmust include a declarationbythe moving party certifying thatthe movant has in good faith conferred or attempted to confer withthe person or party failing to make disclosure or discovery, in an effortto obtain it without court action. Failure to include the goodfaith declaration may result in denial or postponement ofa Motion. b. Other: The Motion shall be filed inthe same manner as directed above for Motions to Limit Discovery (paragraph 4 (b)-(c)). 6. Retained/Hired or Employee ExpertWitness Disclosures. Ifaparty retains orhires a witness to provide experttestimony, or a party intends to utilize the testimony ofan employee to give experttestimony-thenthe party intending to offer such witness shall disclose this retained or employee expert witness to the opposing side pursuantto the timeline below. The expert witness disclosure shall include the name ofthe witness, the witness's expert resume or qualifications, and the witness's writtenreport or statement of opinion (including disclosure ofthe basis ofthat opinion). a) FAAExpert Disclosure Deadline: November 27,2015. b) Respondent Expert Disclosure Deadline: November 27, 2015. c) Expert Rebuttal Reports Deadline: December 18, 2015.

7. Duty to Supplement or Amend Discovery. Pursuantto 14 C.P.R. § 13.220(i), a party who has responded to a discovery request inthis case has a duty to supplement or amendthe response throughout the litigationperiod, as soon as the information is known. 8. December 1, 2015: Beginning ofDeposition Period. Pursuantto 14 C.P.R. § 13.2200), the parties maybeginto take depositions ofexpert and/or non-expert witnesses on December 1, 2015. 

### 9. January 15,2016: Deadline for Issuing Subpoenas/Arranging for Depositions. On or before January 15, 2016, the parties shall issue subpoenas and/or mutually arrange for depositions ofwitnesses and experts as may be necessary. 10. March 11, 2016: End ofDeposition Period. Onorbefore March 11, 2016, the parties shall complete any/all depositions ofexpert and/or non-expert witnesses. 11. March 25, 2016: Deadline to Serve Written Discovery Requests and Supplemental Expert Witness Reports. Pursuantto 14 C.P.R.§ 13.220, March 25, 2016 is the last date for bothparties to serve written discovery requests. Written discovery requests include, but are not limited to: written interrogatories, requests for production ofdocuments or tangible items, and requests for admissions. 12. April29, 2016: Deadline for Completing General Discovery. Pursuantto 14 C.P.R. § 13.220, the parties shall finish responding and serving answers to all general discovery

Page 3 of6requests on orbefore April29, 2016. Any motions regarding discovery mustbe filed within 10 days ofthis deadline. 13. 

### May 27,2016: Final Close ofDiscovery. All supplemental discovery 14. 

### June 24, 2016: Deadline for Filing Dispositive Motion(s). The last date for bothparties to file any/all pre-hearing dispositive motions, including Default Motions and/or Summary Judgment Motions. a) 

### July 8, 2016: Deadline for filing Answerto Dispositive Motion(s); b) 

### July 22, 2016: Deadline for filing Reply (ifany). 15. 

### Telephone Motion Conference: August 11,2016 (10:00 a.m.-11:30 p.m. ET). The parties shall convene bytelephone for oral argument on any filed dispositive motions on 

### August 11, 2016 (10:00 a.m.-11 :30 p.m. ET). N.B. Ifthe parties do not file dispositive motions, then this Telephone Conference will be automatically converted andheld as a Pre-Hearing Status Conference. 16. 

### September 1, 2016: List ofWitnesses/Exchange ofExhibits. On orbefore 

### September 1, 2016, the parties will serve and file the following: a) A list ofthe witnesses the party intends to call; b) A short statement ofthe testimony expected from each such witness; c) The resume or statement ofqualifications ofeach witness who will be offered as an expert; d) The documents the party intends to offer inevidence (pre-marked as noted in paragraphE, infra); and e) An index cover sheet with a briefdescription ofeach document. 17. 

### September 21,2016: Written Stipulations and/or Agreed Motions in Limine. On or before 

### September 21, 2016, the parties shall file any written stipulations that narrowthe factual orlegal issues, and/or that are agreed Motions in Limine. 18. 

### Hearing Dates: October 25,2016- October 27,2016. Based onthe parties' agreement, the Hearing will take three (3) days or less. The Hearing will begin on 

### October 25,2016 (9:00a.m-5:00p.m. ET) inthe Fort Lauderdale, FL area. The Hearing will continue on 

### October 26, 2016 (9:00 a.m-5:00 p.m. ET) and conclude by the end ofthefollowing day 

### October 27, 

### 2016 (9:00 a.m.- 5:00p.m. EST). The specific location ofthe Hearing will be providedto the parties prior to the Hearing. B. Discovery Requests and Exchanges: Discovery requests and exchanges need notbe filed withthe Office ofHearings, except as part ofa motionregarding limited discovery, disputed discovery, or as part ofa motionto compel discovery.

Page 4 of6

### C. Failure to Move for Timely Relief/Late Service ofDiscovery: The failure to timely respond to discovery requests, and/or to timely move for relief regarding discovery disputes during the discovery period, may result in a finding thatthe party has, through its actions, waived its right to relief. Late service ofdiscovery requests may also be grounds for denial ofa motionto compel compliance with such requests. D. Scheduling Motion or Pre-Hearing Conferences onthe Judge's Calendar: Priorto the Hearing date(s), ifa party wishes to schedule oral argument on any motion, or set up any type ofpre-hearingtelephone conference on the Judge's calendar, the party shall first confer with opposing counsel about mutually agreeable alternate dates. The movant shall next contact Mr. Cody L. 

### Smith, Attorney-Advisor, at the Office ofHearings (202-366-6941) as soon as possible, with at least three (3) mutually-agreed, proposed alternate dates/times for the Judge's consideration. E. Exhibits Brought to the Hearing: Eachparty mustbring to the Hearing at least three copies ofany documents it intends to offer in evidence as exhibits (two for the Judge and one for the courtreporter). The exhibits must have an index cover sheet, and 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. F. Examination Process at the Hearing: Atthe Hearing, there will be the opportunity for direct examination, cross-examination, and redirect examination ofeach witness. Only one representative ofa party may direct or cross-examine a witness onbehalfofthat party. Pursuant to 14 C.F.R. § 

### 13.205 and 14 C.F.R. 

### § 13.222, the Federal Rules ofEvidence may be utilized as helpful guidance in determining the admission ofevidence. G. Attorney Withdrawal: Pursuant to 14 C.P.R. § 13.218, an attorney who wishes to withdraw from representing a party must file a Motion to Withdraw. Inthis Motion, the attorney shall confirmthe following: 1. 

### The date the Respondent was served with written notice ofthe attorney's intentto withdraw; 2. The name ofthe designated agent/lay representative ifthe Respondent inthe action is a business entity; 3. The current business address, telephone number, and fax number ofthe Respondent and ofits designated agent; 4. A statementthat the Respondent has been notified inwriting ofthe pendinghearing dates inthis litigation, as well as the pending pre-hearing discovery deadlines and telephone conferences; and 5. A statement that the Respondent has been provided a copy ofall Orders issued inthis litigation, as well as any other legal documents to whichthe Respondent is entitled. H. 

### Court Filing ofExhibits with the Hearing Docket:

Page 5 of6All Exhibits that the parties have moved for admission during the Hearing will be attachedto the courttranscript and filed by the courtreporter. I. Requests for Modification ofthis Order: Any requests for modification ofthe litigation dates and procedures set forth inthis Order should be made bywritten Motion. The parties may also file an agreed writtenrequest.

J. Clarification or Questions: For clarifications ofthis order or questions withregard to the procedures to be followed inthis case, please contact Mr. Cody L. Smith, Attorney-Advisor, at the Office ofHearings (202-366-6941).

Attachment: Service List

Page 6 of6DocketNo. FAA-2015-0638 (Civil Penalty Action) SERVICE 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 2Wl000 1 ONE COPY

Mr. Christopher Stevenson 

### Complainant's Counsel Office ofthe Regional Counsel Southern Region P.O. Box 20636 Atlanta, GA 30320 TEL: 404-305-5208 FAX: 404-305-5223 Professional Flight Transport, Inc. 

### Respondent DBA Windsor Jet Management Lilley James, Agent for Service Executive Airport Business Center 1835 S. Perimeter Rd. Suite 120 Ft. Lauderdale, FL 33309
Judge J.E. Sullivan 

### US. Administrative Law Judge Office ofHearings, M-20 U.S. Department ofTransportation 1200 NewJersey Avenue, S.E. (Ell-310) Washington, DC 20590 TEL: 202-366-6941 FAX: 202-366-7536 Mr. Mark B. Goldstein 

### Respondent's Counsel 2700 N. Military Road, Suite 130 Boca Raton, FL 33431 TEL: 561-989-9955 FAX: 561-989-9966

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.