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# VFD·. I

**~·** ADMINISTRATOR, FederalAviation Administration Complainant, 

## SEP 30 Z016 EA.RING DOCKET CaseNo. 2014-GL-70-0045


### v. DocketNo.: FAA-2016-4269 VANAIRMANUFACTURING,INC. Judge: J.E. Sullivan Respondent.
RULE 26(f) REPORTAND PROPOSED SCHEDULINGAND DISCOVERYPLAN The parties, pursuant to §13.205 ofthe Rule ofPractice (14 C.P.R. §13.205), Federal Rule of Civil Procedure Rule 26(f) and the Court's August 4, 2016 Order, setting a Rule 16 Litigation Scheduling Conference and directing a Rule 26(f) planning and submissibn, hereby files its Rule 26(f) Report, Respondent states the following: 1. Pursuant to 14 C.P.R. §13.205(a)(6) and Fed.R.Civ.P. 26(f), a teleconference was held with Complainant on August 3, 2016. During the teleconference, the parties discussed the nature and basis ofeach party's claims, the possibility ofresolving all or part ofthe case, the scope and type ofdiscovery and the place ofthe venue for the hearing inthis matter. 2. The parties had initiated settlement discussions prior to the issuance of the Complaint, but have not reached a settlement. Settlement discussions will continue through the discovery phase. 3. The Respondent has requested, and the Complainant has agreed to provide, the Enforcement Investigation Report (EIR) relative to this matter. 4. The parties do not anticipate any issues regarding disclosure of electronically stored information, and believe that such information can be printed and produced.5. On May 4, 2016, the Complainant filed an Amended Complaint whereby it is alleges that Respondent violated various Hazardous Materials Regulations. Complainant asserts
a total civil penalty of $141,000 for the charged violations. After reviewing the case and evidence, Respondent anticipates disputing the charged violations. 6. The parties do not anticipate issues regarding claims ofprivilege or protection of materialsprepared for trial. 7. The parties anticipate that they should be able to abide by the limitations on discovery imposed by 49 C.F.R. §386.38, and bythe Federal Rules ofCivil Procedure. 8. The parties propose that the parties will exchange the discovery disclosures requiredbyRu1e 26(a)(l) by August 30, 2016. 9. The parties propose that initial discovery requests will be made by September27, 2016. Theparties will haveuntil October25,2016,to respond to initial discoveryrequests. 10. The parties propose that the parties serve any follow-up discovery requests by November 8, 2016. The parties will have until December 6, 2016, to respond to follow-up discoveryrequests. II. The parties proposethat any objections to discovery requests must be made to the requesting partywithintwo weeks ofthe discovery request. 12. The parties propose that all dispositive motions must be filed by January 13, 2017. 13. The parties propose that a trial take place the week ofJanuary 30, 2017, in the Chicago, Illinois area.

Dated: August 23, 2016

23 Respectfully submitted,

:raredKSChlleider
JohnS. Hoff Jared A. Schneider Cremer, Spina, Shaughnessy, Jansen & Siegert, LLC OneNorthFranklin Street, 101 h Floor Chicago, Illinois 60606 (312) 726-3800 Tel. (312) 726-3818 Fax jhoff@cremerspina.com jschneider@cremerspina.com
.CERTIFICATE OF SERVICE I hereby certify that on August 23, 2016, I have sent by U.S. Post, the original and one (1) copy ofthe forgoing document to: Federal AviationAdministration 800 Independence Avenue, SW Washington, DC 20594 Attention: Hearing Docket Clerk, AGC-430 WilberWright Building- Suite 2W1000 In addition, I hereby certify that on August 23, 2016, I have sent by U.S. Post and via facsimile, a copy ofthe foregoing documentto tbe following:

#345289 Kate Barber, Esq. EnforcementDivision, Midwest Team 2300 East DevonAvenue Des Plaines, IL 60018 kate.barber@faa.gov Fax: (847) 294-7498 Honorable J.E. Sullivan Administrative LawJudge Office ofHearings, M-20 U.S. Department ofTransportation 1200 NewJersey Avenue, S.E. (Ell-310) Washington, D.C. 20590 Fax: (202) 366-7536

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