In The Matter Of: ROTOR 

### FIXLLC Respondent 

## SERVED: OCTOBER 16, 2015 U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS W ASIDNGTON, DC ) ) ) ) ) DocketNo. FAA-2015-2445 Case No. 2013WP910153

ORDER SETTING A RULE 

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

CONFERAND FILE A RULE 

### 26(f) PROPOSED DISCOVERYPLAN 1) Rule 16 Litigation Scheduling Conference: Pursuant to 14 C.F.R. 

### § 13.205 and Civ. R. 16, the parties shall appear by telephone on 

### Tuesday, January 26, 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/discoveryplan (see paragraph 2 infra) andrespond 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 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.F.R. 

### § 13.205(a)(6) and Civ. R. 26(f),priorto convening withthe Judge for the Rule 16 Litigation Scheduling Conference, the parties shall privately conduct a Rule 26(f) planning meeting and prepare ajointlywrittenproposed scheduling/discovery plan, which must be completed and filed withthe undersigned Judge 

### on orbefore Tuesday, January 19,2016 (i.e. at least 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 on the proposed discovery plan.The parties' Rule 26(f) planning meeting shall include a good faith discussion aboutthe 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. During this meeting, the parties shall discuss matters identified in 14 C.F.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 ofparticular motions (e.g., limiting scope oftrial, 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 proposedplan, so that these disputes may be addressed by the Judge during the Rule 16 Litigation Scheduling Conference. 3) Filing and Serving Documents: Pursuantto 14 C.F.R. 

### § 13.211(a), a copy ofany document a party files withthe 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 parties 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 atthe Office ofHearings. To ensure compliance withthis and any future Orders setting deadlines, the parties are encouragedto fax or personally deliver a copy oftheir documents to the Office ofHearings (Fax: 202-366-7536), on orbefore the deadline date. Failure ofa partyto timely file documents by the court-ordered deadline could leadto the party's position notbeing considered.

Page 2 of 35) Conflicts withthe Rule 16 Litigation Scheduling Conference Date: Ifa partyhas anunavoidable conflict with the Scheduled Rule 16 Litigation Scheduling Conference set in paragraph 1

### supra, and wishes to modify the date/time ofthe scheduled Conference, the party shall first conferwith opposing counsel about mutually agreeable alternate dates, andthen 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 leastthree (3) mutually-agreed, proposed alternate dates/times for the Judge's consideration.

Ju 1van U.S. Administrative LawJudge

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 2Wl000 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 FAX: 425-227-1007 Mr. Steve Dupont, President Rotor FIX

### LLC Respondent 

### 16209 Victory Blvd#267 Van Nuys, CA 91406 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 FAX: 202-366-7536 DocketNo. FAA-2015-2445 (Civil Penalty Action)

1 Service was by U.S. Mail. For service in person orby 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.