In The Matter Of: 

## SERVED: June 

## 9, 2016 U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS WASHINGTON, DC

DocketNo. FAA-2016-4269 VANAIRMANUFACTURING, INC. ) ) ) ) ) Case No. 2014-GL-70-0045 Respondent

ORDERSETTINGA RULE 

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

CONFERAND FILE A RULE 

### 26(t) PROPOSED DISCOVERYPLAN 1) Rule 16 Litigation Scheduling Conference: Pursuantto 14 C.F.R. § 13.205 and Civ. R. 16, the parties shall appear bytelephone on Thursday, August 

### 18,2016, at 

### 10:00 a.m. Eastern time for a Rule 16 Litigation Scheduling Conference. During this Conference the parties will discuss the issues in the dispute, their jointly submittedproposed scheduling/discovery plan (see paragraph 2 infra) andrespond to any questions regarding disagreements notresolved inthe proposed plan. During the Conference a final scheduling/discoveryplan will be ruled upon, as well as any otherrelated matters pursuant to Rule 16(c). The parties shall access the Conference by dialing 888-278-0296, and when prompted, entering access code 5851842. 2) Parties' Rule 26(f) Planning Meeting and Submission ofProposed Discovery Plan: Pursuantto 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 ajointly writtenproposed scheduling/discovery plan, whichmust be completed and filed with the undersigned Judge on orbefore Thursday, August 11, 

### 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 onthe proposed discovery plan. The parties' Rule 26(f) planning meeting shall include a good faith discussion aboutthe nature and basis ofeachparty's claims, the possibility ofresolving all orpart ofthe case, the scope and type ofdiscovery (including electronic discovery) and the place ofvenue for hearing. During this meeting, the parties shall discuss matters identified in 14 C.P.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 shouldbe conducted inphases to prepare for any filing ofparticularmotions (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 viewto 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.P.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 uponthe opposing party. 4) Compliance with Court-Ordered Deadline Dates: Wheneverthe 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 whi.ch the documents must be datestamped received at the Office ofHearings. To ensure compliance with this and any future Orders setting deadlines, the parties are encouraged to fax orpersonally deliver a copy oftheir documents to the Office ofHearings (Fax: 202-366-7536), on orbefore the deadline date.

Page 2 of3Failure ofa partyto timely file documents by the court-ordered deadline could leadto the party's positionnot being considered. 5) Conflicts withthe Rule 16 Litigation Scheduling Conference Date: Ifa partyhas an unavoidable conflict with the Scheduled Rule 16 Litigation Scheduling Conference set inparagraph 1

### supra, and wishes to modify the date/time ofthe scheduled Conference, the party shall first conferwith opposing counsel about mutually agreeable alternate dates, and then contact Mrs. Rachael Brown, Judicial StaffAssistant, at the Office of Hearings (202-366-2132) as soon as possible after the receipt ofthis Order, with at least three (3) mutually-agreed, proposed alternate dates/times for the Judge's consideration.

Attachment: Service List

Page 3 of3

### DocketNo. FAA-2016-4269 (Civil Penalty Action) 

### SERVICE LIST- 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 2Wl000 1



### Ms. Kate Barber 

### Complainant's Counsel Enforcement Division, Midwest Teram Federal Aviation Administration 2300 East Devon Avenue Des Plaines, IL 60601 TEL: 847-294-7862 FAX: 847-294-7498 Mr. John Hoff 

### Respondent's Counsel ONE COPY



### Cremer, Spina, Shaughnessy, Jansen & 

### Siegert, LLC One North Franklin Street, lOth Floor Chicago, IL 60606 TEL: 312-726-3800 FAX: 312-726-3818 Judge J.E. Sullivan 

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

1 Service was byU.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 2Wl000, Washington, DC 20591; Attention: Hearing Docket Clerk, AGC-430.