In The Matter Of: 

## SERVED: FEBRUARY 25, 2014
U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS WASIDNGTON, DC

DocketNo. FAA-2013-0719 LINCOLN PARK AVIATION ) ) ) ) ) Case No. 201!EA250037 Respondent**~**..... ; .. i ' ' ··.•./

. __:



### CORRECTED ORDERSETTING RULE 16 

### LITIGATION SCHEDULING CONFERENCE AND DIRECTING RULE 26(t) 

### PLANNING AND SUBMISSION
1) 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

### Tuesday, February 25,2014 

### at 11:00 

### a.m. Eastern time for a Rule 16 Litigation Scheduling Conference. During this Conference the parties will discuss the issues in the dispute, theirjointly submittedproposed scheduling/discovery plan (see paragraph 2 infra) andrespond to any questions regarding disagreements not resolved inthe 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 parties shall access the Conference by dialing 202-493-2373.
2) Parties' Rule 26(f) Planning Meeting and Submission ofProposed Discovery Plan: Pursuant to 14 C.F.R. 

### § 13.217 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 written proposed scheduling/ discovery plan, whichmust be completed and filed withthe undersigned Judge on or before 

### Tuesday, February 18, 2014 (i.e. seven (7) calendar days before the Conference). The attorneys ofrecord and all unrepresented parties arejointly responsible 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

### ~r part ofthe case, thescope and type 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 theirproposed scheduling/discovery plan. The parties' planning meeting should also include discussion about the sequence andtiming 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 deadlines inthe parties' proposed scheduling/discovery plan should be mutually agreeable, with a viewto achieving case resolution with a minimum ofexpense and delay. Any unresolved scheduling/discovery disputes should be clearly identified in the proposed plan, so thatthese disputes may be addressed by the Judge during the Rule 16 Litigation Scheduling Conference. In addition to filing the proposed scheduling/discovery planbyregularmail filing withthe Federal Aviation Administration Hearing Docket <;:Ierk, 

### the parties shall file a working copy of the scheduling/discovery planwith the undersignedJudge at the Office ofHearings by fax, express carrier, orpersonal delivery. The certificate ofservice should reflect the manner of service.

3) Conflicts with Rule 16 Litigation Scheduling Conference Date: Ifa partyhas anunavoidable 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, andthen contact Mr. Cody L. Smith, Attorney-Advisor atthe Office of Hearings (202-366-6941) 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 2 of 2Federal Aviation Adrilinistration 800 Independence Avenue, S.W. Washington, DC 20591 SERVICE LIST
ORIGINAL & ONE COPY

Attention: Hearing Docket Clerk, AGC-430 Wilbur Wright Building-Suite 2W1000 1

Mr. Zachery M. Berman 

### Complainant's Counsel Office ofthe Regional Counsel Eastern Region Federal Aviation Administration 1Aviation Plaza Jamaica, NY 11434 TEL: 718-553-3258 FAX: 718-995-5699 

### Mr. Frank R. Galella, III 

### Respondent's Representative Lincoln Park Aviation, 

### Respondent 425 Beaverbrook Road Lincoln Park, NJ 07035 TEL: 973-633-0450 FAX: 973-872-6256
Judge J.E. Sullivan 

### US. Administrative LawJudge Office ofHearings, M-20 U.S. Department ofTransportation 1200 NewJersey Avenue, S.E. (E11-310) Washington, DC 20590 TEL: 202-366-6941 FAX: 202-366-7536 ONE COPY FDMS No. FAA-2013-0719 (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.