SERVED APRIL 13, 2012 

• JEPARTMEN T Of 

U.S. DEPARTMENT OF TRANSPORTATION.]'|^§yP^^^^ 

OFFICE OF HEARINGS " ' '^'^'""'"'^'^^ 

WASHINGTON, DC ;o!^ APR 13 P 3: 22 

rNTHEMAFTEROF: 

FLHET AVIATION, LLC, 

Respondent 

DOCKET NO. FAA-201 M II7 

CaseNo.2010EAl 10021 

ORDER GRANTING MOTION AND SETTING 

THIRD RULE 16 LITIGATION SCHEDULING CONFERENCE, AND 

DIRECTING RULE 26(f) PLANNING AND SUBMISSION 

On March 1, 2012 an Order Granting Motion and Setting Second Rule 16 Litigation 

Scheduling Conference, and Directing Rule 26(f) Planning and Submission was filed. Among 

other things, this Order set the Second Rule 16 Litigation Scheduling Conference on April 25, 

2012. 

On April 13, 2012 the Respondent, Fleet Aviation, LLC, filed an Unopposed Motion for 

Continuance of the April 25, 2012 Rule 16 Litigation Scheduling Conference. 

It is Hereby Ordered: 

1) Pursuant to 14C.F.R. §13.205(a)(6 and 8) and 14C.F.R. §13.218, the Respondent's Unopposed Motion for Continuance of the April 25, 2012 Rule 16 Litigation Scheduling 

Conference is granted. 

2) Third Scheduled Rule 16 Litigation Scheduling Conference: 

Pursuant to 14 C.F.R. §13.205(a)(l) and (7) and Civ. R. 16, the parties shall appear by telephone on Wednesday, June 6, 2012 at lOiOOam 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 infro) 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 Office of Hearings 

will initiate the Conference by telephone call, contacting each party at the party's telephone number of record. A party may provide an alternate number by notifying the Office of Hearings at least 24 hours prior to the Conference. 

Pagt I of2 
3) Rule 26(f) Attorneys' Planning Meeting, and Submission of Proposed Discovery Plan: 

Pursuant to 14 C.F.R. §13.217 and Civ. R. 26{^, prior to convening with the 

.ludge for the Rule 16 Liligation Scheduling Conference, the parties shall privately conduct a Rule 26(0 planning meeting and prepare a jointly written proposed scheduling/discovery plan, which must be completed and filed with the undersigned .ludgc on or 

before Wednesday, May 30, 2012 (i.e., seven (7) calendar.days before the Conference). 

In addition to filing the proposed scheduling/discovery plan by regular mail filing with 

the U.S. Department of Transportation's Docket Office, the parties shall file a working 

copy of the scheduling/discovery plan with the undersigned Judge at the Office of Hearings by fax, express carrier, or personal delivery. The certificate of service should reflect 

the manner of service. 

The Attorneys' Rule 26(f) planning meeting shall include a good faith discussion 

about the nature and basis of each parly'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.F.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 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/di$coyer>' disputes should be clearly identified in 

the propo.scd plan, so that Ihese disputes may be addressed by the Judge during the Rule 

16 Litigation Scheduling Conference. 

4) Confiicts with Rule 16 Litigation Schedulinu Conference Date: 

If a party develops an unavoidable confiict with the scheduled Rule 16 Litigation 

Scheduling Conference set in paragraph 1 supra, and wishes to modify the date/lime of 

the scheduled Conference, the paity shall first confer with opposing counsel about mutually agreeable alternate dates, and then contact C. Diane Mays at the Office of Hearings 

(202-366-2132) as soon as possible after receipt of this Order, with at least three (3) mutually-agreed, proposed alternate dates/times for the Judge's consideration. 

Judg^ 

U.S. Aifftunistr^tive Law Judge 

Attachment: Service List 

Page 2 of2 
FDMSNO. FAA-201M117 

(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 2WI000' . 

ONE COPY 

Gregory S. Winton, Respondent's Counsel 

The Aviation Law Firm 

One Research Court, Suite 450 

Rockville,MD 20850 

TEL: 301-294-8550 

FAX: 301-294-2525 

Zachery M. Bemian, Complainant's Counsel 

Office of the Regional Counsel, AEA-7 

Eastern Region 

Federal Aviation Administration 

1 Aviation Plaza 

Jamaica, NY 11434 

TEL: 718-553-3258 

FAX: 718-995-5699 

The Honorable J.E. Sullivan, Administralive Law Judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

1200 New Jersey Avenue, S.E. 

Washington, DC 20590 

TEL: 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 2W1000, Washington, 

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

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