In The Matter Of: 

## SERVED: NOVEMBER 19, 2013
U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS WASHINGTON, DC

DocketNo. PAA-2013-0284 AVIATION ENGINEERING CONSULT ANTS, INC. ) ) ) ) ) ) Case No. 2012CE40003 Respondent

ORDER SETTING RULE 16 LITIGATION SCHEDULING CONFERENCE, AND DIRECTING RULE 26(t) PLANNING AND SUBMISSION
1) Rule 16 Litigation Scheduling Conference: Pursuantto 14 C.P.R.§ 13.205(a)(l) and (7) and Civ. R. 16, the parties shall appear by telephone on

### Wednesday, January 22,2014 at 11:00 a.m. Easterntime for a Rule 16 Litigation Scheduling Conference. During this Conference the parties will discuss the issues 

### in the dispute, theirjointly submitted proposed scheduling/discovery plan (see paragraph 2 

### infra) andrespond to any questions regarding disagreements not resolved in the proposedplan. During the Conference a final scheduling/discovery plan will be ruled upon, as well as any other related matters pursuantto Rule 16(c). The Office ofHearings will contactthe parties with the conference call number and passcode prior to the Conference.
2) Parties' Rule 26(f) Planning Meeting and Submission ofProposed Discovery Plan: Pursuant to 14 C.P.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 Ru1e 26(f) planning meeting and prepare ajointly written proposed schedu1ing/ discovery plan, which must be completed and filed with the undersigned Judge on orbefore 

### Wednesday, January 15,2014 (i.e. 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(t) planning meeting shall include a good faith discussion aboutthe nature and basis ofeach party's claims, the possibility ofresolving all orpart ofthe case, the scope and type ofdiscovery (including electronic discovery) and theplace ofvenue for hearing. During this meeting, the parties shall discuss matters identified in 14 C.F.R. 

### § 13 .217 and Rule 26(t)(2) and (3) as part ofdeveloping their proposed 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 inthe proposedplan, so thatthese disputes may be addressed bythe Judge during the Rule 16 Litigation Scheduling Conference. In addition to filing the proposed scheduling/discovery planby regular mail filing withthe Federal Aviation Administration Hearing Docket Clerk, 

### the parties shall file a working copy of the scheduling/discovery planwith the undersigned Judge atthe Office ofHearings by fax, express carrier, orpersonal delivery. The certificate ofservice should reflectthe manner of service.
3) Conflicts withRule 16 Litigation Scheduling Conference Date: Ifa party has anunavoidable conflict with the Scheduled Rule 16 Litigation Scheduling Conference set inparagraph 1 

### supra, and wishes to modify the date/time ofthe scheduled Conference, 

### theparty shall first conferwith opposing counsel about mutually agreeable alternate dates, and then contact Mr. Cody L. Smith, Attorney-Advisor atthe Office of Hearings (202-366-6941) as soon as possible after the receipt ofthis Order, 

### with atleast three (3) 

### mutually-agreed, proposed alternate dates/times for theJudge's consideration.

Attachment: Service List

Page 2 of2-{



### Federal Aviation Administration 800 Independence Avenue, S.W. Washington, DC 20591 SERVICE LIST- BY

### U.S. MAIL ORIGINAL & ONE COPY



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

Mr. 

### Mark G. Camacho Complainant's Counsel ONE COPY



### Senior Enforcement Attorney, Central Region, ACE-7 Federal Aviation Administration Room 506, DOT Building, 901 Locust St. Kansas, MO 64106-2641 TEL: 816-329-3765 FAX: 816-329-3771 Mr. 

### Kamran Rouhani Respondent FDMS No. FAA-2013-0284 (Civil Penalty Action)

Mr. 

### Douglas 

### J. Barnard Respondent's Counsel 14695 Airport Parkway, 2nd Floor Clearwater, FL 33762 Aviation Engineering Consultants, Inc., 2750 Sunset Point Road TEL: 727-259-0224 FAX: 727-259-0223 E-MAIL: dougb@planelaw.com
Judge J.E. Sullivan US. Administrative Law Judge Office ofHearings, M-20 U.S. Department ofTransportation 1200 NewJersey Avenue, S.E. (Ell-310) Washington, DC 20590 TEL: 202-366-2132 FAX: 202-366-7536 Clearwater, FL 33759

1 Service was by U.S. Mail. For service in person orby expedited courier, use the following address: FederalAviation Administration, 600 Independence Avenue, S.W., Wilbur Wright Building-Suite 2W1000, Washington, DC 20591; Attention: Hearing Docket Clerk, AGC-430.