## SERVED: November 7, 2013

._.r, r**~,** U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS WASHINGTON, DC I !; 

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In The Matter Of: AIRBORNE MAINTENANCE AND ENGINEERING SERVICES Respondent ) ) ) ) ) ) DocketNo. FAA-2013-0291

Case No. 2011S0290032

ORDER SETTING LITIGATION DATES AND PROCEDURES On September24, 2013, an Order Granting Continuance and Other Reliefwas filed. OnNovember4, 2013 theparties filed a Joint Supplemental Rule 26(f) Scheduling/Discovery Plan. OnNovember 7, 2013, the parties appeared by telephone for a second Rule 16 Litigation Scheduling Conference, and discussed their calendar availability, hearing dates, and other litigation procedural matters. Pursuantto 14 C.F.R. §13.205(a)(l), (6) and (7), Civ. R. 16, 14 C.F.R. §13.217, and 14 C.F.R. §13.220, and after reviewing all relevant caselaw, regulation, statutory authority, and being fully advised;

IT IS HEREBY ORDERED: A. The litigation dates and hearing dates are hereby set as follows 1. January 14, 2014: Deadline for Initial Disclosures. The last date for the parties to serve each other with initial disclosures pursuant to Civ. R. 26(a)(1)(A). 2. January 28,2014: General Discovery Start Date. On orbefore January 28, 2014, the parties shall begin serving additional general discovery requests pursuant to CR 26

- CR 36 and 14 C.F.R. §13.220(b) and (e). This includes, but is not limitedto: notices of deposition; subpoenas 

### duces tecum; interrogatories; requests for production of documents, etc. 3. Service oflnterrogatories. Pursuantto 14 C.F.R. §13.220(k)(l), a party shall not serve more thanthirty (30) interrogatories to each other, and each subpart ofaninterrogatory shall be counted as a separate interrogatory.

Page 1 of 14. Motions Regarding Interrogatories. Pursuant to 14 C.F.R. § 13.220(m) and Paragraph D herein, any motions to compel for deficient interrogatory response(s) shall be filed within 

### ten (10) days afterreceipt ofthe objection or deficient answer. 

### 5. March 11, 2014 -April18, 2014: FactWitness Depositions Taken. Theparties shall take any/all fact witness depositions betweenthe period ofMarch 11, 2014 and April18, 2014. 6. 

### May 2, 2014: InitialExpertDisclosures. On orbefore May 2, 2014 the parties shall exchange initial expert disclosures pursuant to CR26(a)(2). 

### 7. May 16,2014: ExpertRebuttalDisclosures. Onorbefore May 16, 2014, the parties shall exchange expertrebuttal disclosures. 

### 8. June 6, 2014: Deadline for Completing GeneralDiscovery. The last date for both parties to finish serving answers to all additional general discovery requests pursuantto CR 26- CR 36 and 14 C.F.R. §13.220(b) and (e). This includes, butis not limitedto, the taking ofdepositions and serving responses to all requests for production, etc. 

### 9. June24, 2014: Deadlines for FilingDispositive Motion(s). The last date for both parties to file any/all pre-hearing dispositive motions, including Default Motions and/or Summary Judgment Motions. a) 

### July 15, 2014: Deadline for filing Answer to Dispositive Motion(s); b) 

### 'July 29, 2014: Deadline for filing Reply (ifany). 10. 

### August 26,2014: 1:30 p.m.-3:00p.m. ET. Telephone conference for oral argumenton dispositive motions. N.B. Ifthe parties do not file dispositive motions, thenthis Telephone Conference will be automatically converted and held as a Pre-Hearing Status Conference. 11. 

### September 19,2014: List ofWitnesses/Exchange ofExhibits due date. The last date for eachparty to 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 ofeach witness who will be offered as an expert; and d) The documents the party intends to offerin evidence (pre-marked as noted in paragraphE, 

### infra). 12. 

### September26,2014: Written Stipulations and/orMotions in Limine 

### due date. The deadline for filing written stipulations and/or Motions 

### in Limine. 13. 

### October 7, 2014-0ctober 10, 2014: Hearingdates. Based onthe parties' agreement, the Hearing will take four (4) days orless. The Hearing will beginon

### Tuesday, October 7, 2014 (9:00a.m-5:00p.m. ET) in Orlando, Florida, and end on 

### Friday, October 10,2014 (9:00 a.m.-5:00p.m. ET). The specific location ofthe Hearing will be provided to the parties priorto the Hearing. Page 2 of4B. Requests for modification ofthe litigation dates set forth inparagraph A may be made by written Motion. Before filing such a Motion, however, the party seeking the modification shall contact the opposing party and seek to arrive at mutually convenient alternative date(s). A report onthe result ofthis discussion shall be included by the movant in the Motion. C. Discovery requests or documents complying with discovery requests need notbe filed in this case withthe Office ofHearings, except as part ofa motionregarding disputed discovery, or as part ofa motion to compel discovery. D. Any Motions regarding discovery, including a Motionto Compel Discovery, must be filed within 

### ten (10) calendar days after service ofa deficient response oraftertheresponse to the discovery is due, whichever occurs first. Motions to Compel and other discovery motions mustbe accompanied by the relevant discovery requests and responses, and a declarationbythe moving party, pursuantto Civ. R. 37(a)(l), thatthe movant has conferred or attemptedto confer in good faith with the party alleged to have failed to make discovery ordisclosure. The Civ. R. 37(a)(l) declaration shall specifically indicate the efforts made bythe movant to resolve the dispute and identify which discovery matters remain indispute. 

### Statements in response to discovery motions must be filed within 

### ten (10) calendar days after service ofthe motion. The failure to timely file objections to discovery may result inthe objections being deemed waived. Belated service ofburdensome discovery requests may also be grounds for denial ofa motionto compel compliance with suchrequests. E. Each party mustbring to the hearing at least three (3) copies ofany documents it intends to offer in evidence as exhibits (original and one copy for the Judge, and one copy for the official reporter). 

### Each party's exhibits must include 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. Atthe hearing, there will be the opportunity for direct examination, crossexamination, redirect examination and re-cross-examination ofeach witness. Only one representative ofa party may cross-examine a witness onbehalfofthatparty. Pursuantto 14 C.P.R. §13.205 and 14 C.P.R. §13.222, the Federal Rules ofEvidence will be utilized as a guideline in determining the admission ofall evidence. G. Priorto the hearing date(s), ifa party wishes to schedule oral argument on any motion, or setup any type oftelephone conference on the Judge's calendar, the party shall first confer with opposing counsel about mutually agreeable alternate dates, and then 

### 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. The movant shall be responsible for contacting the Office ofHearings. H. 

### Stipulated Venue: The parties agreed that the venue location for the hearing is Orlando, Florida.

Page 3 of4I. Attorney Withdrawal: Pursuant to 14 C.F.R. §13.218, an attorney who wishes to withdraw from representing a party mustfile a Motionto Withdraw. Inthis Motion, Inthis Motion, the attorney shall confirmthe following: 1. The date, address, and method by whichthe Respondent was served with written notice ofthe attorney's intent to 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 business agent; 4. The date and methodby which the Respondent was notified inwriting ofthe pending hearing dates inthis litigation, as well as the pending pre-hearing discovery deadlines and telephone conferences; and 5. The date and methodby which the Respondent was provided a copy ofall Orders issued inthis litigation, as well as any other legal documents to whichthe Respondent is entitled.


### J. For clarifications ofthis order orquestions withregard to the procedures to be followed inthis case, please contact Mr. Cody L. Smith, Attorney-Advisor, at the Office of Hearings (202-366-6941).

Attachment: Service List

Page 4of4

### SERVICELIST- 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 2W1000 1



### Mr. Christopher R. 

### Stevenson Complainant's Counsel 

### Federal Aviation Administration ONE COPY

Office ofthe Regional Counsel, Southern Region P. 

### 0. Box 20636 Atlanta, GA 30320 TEL: 404-305-5200 FAX: 404-305-5223 Mr. Robert P. Silverberg Respondent's Counsel 

### Silverberg, Goldman 

### & Bikoff, LLP Georgetown Place, Suite 120 1101 30th St., N.W. Washington, DC 20007 TEL: 202-944-3300 FAX: 202-944-3306 Judge J.E. Sullivan U.S. Administrative LawJudge 

### Office ofHearings, M-20 U.S. Department ofTransportation 1200NewJersey Avenue, S.E. (Ell-310) Washington, DC 20590 TEL: 202-366-2132 FAX: 202-366-7536 FDMS No. FAA-2013-0291 (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 2WIOOO, Washington, DC 20591; Attention: HearingDocket Clerk, AGC-430.