1 

## SERVED: April6, 2015
U.S. DEPARTMENT OF TRANSPORTATION

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. InThe Matter Of: DocketNo. FAA-2014-1119 SELECT AVIATION SERVICES, INC. ) ) ) ) ) Case No. 2013NM130007 Respondent

ORDER SETTING A RULE 

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

CONFERAND FILE A RULE 

### 26(f) PROPOSED DISCOVERY PLAN 1) Ru1e 16 Litigation Scheduling Conference:
Pursuant to 14 C.F.R. § 13.205 and Civ. R. 16, the parties**~hall** appear bytelephone on 

### Tuesday,June 16,2015, at 1:30 p.m. Easterntime 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 infra) and respond to any questions regarding disagreements not resolved in the proposed plan. During the Conference a fmal schedu1ing/discovery planwill be ruled upon, as well as any <:>ther related matters pursuant to Rule 16(c). The parties shall access the Conference by dialing 202-493-2343.
2) Parties' Ru1e 26(f) Planning Meeting and Submission ofProposed Discovery Plan:
Pursuant to 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 written proposed schedu1ing/discovery plan, which must be completed and filed withthe**un~ersigned** Judge 

### on orbeforeTuesday,June 9, 

### 2015 (i.e. at least seven (7) calendar days before the**Confere~ce**). The attorneys ofrecord and all unrepresented parties arejointlyresponsible for arranging the Ru1e 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 about the nature and basis ofeachparty's claims, the possibility ofresolving all orpart ofthe case, the

· scope and type ofdlscovery (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 their proposed scheduling/discovery plan. The parties' planning meeting should also**~elude** discussion about the sequence and timing offollow-up discovery, including whether that discovery should be conducted in**phase~** to prepare for any filing ofparticular motions (e.g., limiting scope oftrial, dispositive motions; etc.). The proposed discovery deadlines in the parties' proposed scheduling/discoveryplan 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 proposed plan, so that these disputes may·be addressed by the Judge during the Rule 16 Litigation Scheduling Conference.
3) Filing and Serving Documents:
Pursuant to 14 C.F.R. § 13.211(a), a copy ofany document a party files with the Federal Aviation Administration Hearing Docket ("Hearing Docket") must also be separately filed with the undersigned, and served upon the 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)**~uch** deadline date is the date by which the documents mustbe datestampedreceived at the Office ofHearings. To ensure compliance withthis 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. Failure ofa party to timely file documents by the court-ordered deadline could lead to the party's position not being considered.

Page 2 of 3 

# \

# \5) Conflicts withthe Rule 16 Litigation Scheduling Conference Date:
Ifa party has an unavoidable conflict with the Scheduled Rule 16 Litigation Scheduling Conference set in paragraph 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 Mr. Cody L. Smith, Attorney-Advisor at the 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.

Ju U.S. Administrative Law Judge

Attachment: Service List

Page 3 of 3DocketNo. FAA-2014-1119 (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 2W1000 1

Mr. Robert Spitzer Complair:zant 's Counsel Northwest Mountain Region, ANM-7 Federal Aviation Administration 1601 Lind Ave., S.W. Renton, WA 98057 TEL: 425-227-1417 FAX: 425-227-1007 

### Mr. DavidM. Schoeggl Respondent's Counsel P.O. Box 91302 Seattle, WA 98111-9402 TEL: 206-223-7383 FAX: 206-223-7107 E-MAIL: schoegg1d@1anepowell.com
Judge J.E. Sullivan US. AdministrativeLawJudge Office ofHearings, M-20 U.S. Department ofTransportation 1200NewJersey Avenue, S.E. (E11-310) Washington, DC 20590 TEL: 202-366-6941 FAX: 202-366-7536 ONE COPY



### Mr. Fred Hodgdon Select Aviation Services, Inc., Respondent P.O. Box 430 Corvallis, MT 59828 FAX: 406-961-4101

1Service was byU.S. Mail. For service inperson orby expedited courier, use the following address: Federal Aviation Administration, 600 Independence Avenue, S.W., Wilbur Wright Building-Suite 2Wl000, Washington, DC 20591; Attention: HearingDocket Clerk, AGC-430. Page 4 of 3