In The Matter Of: 

EMPIRE FLIGHT 

ACADEMY 

Respondent 

SERVED MARCH 23, 2012 

OE;-AIii'MENTOF 

U.S. DEPARTMENTOF TRANSPORTATION. j/j'^jSPORlHijl^^^^ 

OFFICE OF HEARINGS -•• Jl\-^\ 'JhtHAIIUNo 

WASHINGTON, DC 

?^i/ \-m 23 P I- 5S 

Docket No. FAA-201 ]-0290 

CaseNo. CP10EA0004 

ORDER SETTING NEW LITIGATION DATES AND PROCEDURES 

On March 15, 2012 an Order Granting Respondent Attorney's Motion to 

Withdraw and Granting/Denying Other Relief was filed. 

On Thursday, March 22, 2012, the parties appeared by telephone for a second 

Litigation Scheduling Conference. During that time, they discussed litigation issues and 

their calendar availability, and agreed to the following new litigation deadlines, 

procedures, and hearing dates. 

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

1. May 1, 2012: Deadline for both parties to exchange or serve any/all additional 

discovery requests pursuant to CR 26 - CR 36. This includes, but is not limited 

to: notices of deposition; subpoenas duces tecum; propounding interrogatories; 

requests for production of documents; the disclosure of expert testimony pursuant 

to CR 26(a)(2), etc. 

2. June 1, 2012: Deadline for both parties to finish exchanging or serving their 

responses to additional discovery requests. 

3. July 1,2012: Witness List/Evidentiar>'Exchange due date. Deadline for each 

party to serve and file the following: 

a) A list of the names and addresses of each witness the party intends to call; 

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

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

infra at paragraph F); and 

d) The resume of each witness who will be offered as an expert. 

4. July 3, 2012: Deadline for both parties to file any Dispositive Motion(s); 

a) July 20, 2012: Deadline for filing Answer to any Dispositive Motion(s); 

b) July 31, 2012: Deadline for filing Reply (if any). 

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5. August 9, 2012 (2:00-3:00pin EST): Telephone Conference for Oral Argument 

on Dispositive Motion. If no dispositive motions are filed, this Telephone 

Conference will still be held for the purpose of a Pre-hearing Status Conference. 

6. September 12, 2012: Deadline for filing Pre-Hearing Briefs. 

7. October 16, 2012 - October 18, 2012: Hearing dates. 

The Hearing will begin on October 16, 2012 (9:00am-4:30 pm) in the New 

York, New York metropolitan area. The location of the Hearing will be provided 

to the parties prior to the Hearing. The Hearing will finish on or before October 

18, 2012(9:00ani-4:30pm). 

B. Requests for modification of the litigation dates set forth in Paragraph A supra 

may be made by written Motion. Before filing such a Motion, however, the party seeking 

the modification shall contact the opposing party and discuss the proposed modification, 

and i\y to reach an informal agreement on the matter, so long as it does not extend the 

time for hearing. A report on the result of this discussion must be included in any written 

Motion seeking modification over objection. 

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 to Compel 

Discovery. Any objections to discovery requests must be made to the requesting party 

within 7 calendar days after receipt of the disputed discovery request. 

D. Pursuant to CR 37(a), any party filing a Motion to Compel Discovery must 

provide in this Motion to Compel a certification that the movant has conferred or 

attempted in good faith to confer with the non-disclosing party, to try and resolve the 

matter without court action. 

E. Pursuant to CR 37, the Motion to Compel should be made as soon as practicable 

after the asserted non-compliance with discovery, but no later than 12 calendar days 

after the dispute arises. Pursuant to 14C.F.R. §13.217-220 and CR 37, themovant shall 

specify the relief requested in the Motion to Compel. Prior to filing the Motion, the 

movant shall also assist in setting oral argument on the Motion by contacting the 

undersigned Judge with three jointly proposed dates/times for a telephone motion 

conference. 

F. 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. 

G. At the hearing, there will be the opportunity for direct exaniinafion, crossexamination, redirect examination and re-cross-examination of each witness. Only one 

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representative of a party may cross-examine a witness on behalf of that party. Each party 

will be allowed to present its cases or defense pursuant to 14 C.T.R. §13.204 and 231; 14 

C.F.R. ^13.222-225, and the Federal Rules of Evidence. 

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

followed in this proceeding, please contact the Office of Hearings and a.sk for Attorney 

Priya Krishna at (202) 366-6941 (until April 20, 2012) or Legal Assistant C. Diane Mays 

at (202) 366-2132. 

(Ullivan 

finistrative Law Judge 

Attachnienl: Service List 

Page 3 of3 
FDMS No. FAA-2011-0290 

(Civil Penalty Action) 

SERVICE LIST 

ORIGINAL & ONE COPY 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Washington, DC 20591 

Attention: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building—Suite 2W1000' 

ONE COPY 

John Zaremba, Respondeni 's Representalive 

Rte. 109, Hanger 3, Republic Airport 

FanTiingdale, NY 11735 

TEL: 631-777-2514 

Zachary M. Berman, Complainant's Counsel 

Office of the Regional Counsel, AEA-7 

Eastern Region 

Federal Aviation Administration 

1 Aviation Plaza, Room 561 

Jamaica, NY 11434 

TEL: 718-553-3258 

FAX: 718-995-5699 

The Honorable J.E. SuWwan, Administrative Law Judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

1200 New Jersey Avenue, S.E.-

Washington, DC 20590 

TEL: Attorney-Advisor 202-366-6941 

Legal Assistant 202-366-2132 

FAX: 202-366-7536 

' 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 2WIOO0, Washington, 

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