InThe Matter Of: BAERAIR, INC. Respondent 

## SERVED: July 9, 2014
U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS WASHINGTON, DC ) ) 

### ) ) ) DocketNo. FAA-2014-0112 Case No. 2011S0150234

ORDER SETTING LITIGATION DATES AND PROCEDURES OnJune 16, 2014, an Order Continuingthe Rule 16 Litigation Scheduling Conference was filed.

. OnJuly 2, 2014 an OrderFinding Respondent Filed a Timely Request for Hearing and Denying FAA's Motionto Dismiss was filed. OnJuly 9, 2014, the parties appeared by telephone for a Rule 16 Litigation Scheduling Conference, and discussed their calendar availability, hearing dates, and other litigation

. procedural matters. Pursuantto 14 C.F.R. §13.205(a)(l), (6) and (7), Civ. R. 16, 14 C.F.R. §13.217, and 14 C.F.R. §13.220, and after reviewing all relevant caselaw, regulation, statutory authority, and being fully advised;

IT IS HEREBY ORDERED: A. The litigation dates, discovery procedures, and hearing dates are hereby set as follows: 1. August 1, 2014: Deadline for Initial Disclosures. To ensure thatthe partieshave sufficienttime to address all issues in dispute, on orbeforeAugust 1, 2014 the parties shall serve eachother with initial disclosures (as described in Civ. R. 26(a)(1)(A)(i), (ii), and (iii)) without waiting for a specific discovery request 2. On orbefore August 4, 2014: General Discovery Initiated. Pursuantto 14 C.F.R. §13.220(a), the parties may immediately begin conducting general discovery. However, in orderto ensure.full use ofthe discovery time allotted inthis case (14 C.F.R. §13.220 (b), (c), (d) and (e)), the parties shall begin exchanging or serving general discovery requests onorbefore August 4,2014. General discovery includes, butis not limited to: taking depositions; serving and answeringrequests for production ofdocuments; interrogatories; requests for admission; etc.

Page 1 of43. Service oflnterrogatories. Pursuant to 14 C.F.R. §13.220(k)(l), a party shall not serve more thanthirty (30) interrogatories upon each other. Each subpart ofan interrogatory shall be counted as a separate interrogatory.

a. Objection(s) to Interrogatories. Pursuant to 14 C.F.R. § 13.220(k), any objection in response to an interrogatory must include the reason(s) supporting the objection. 4. Motions to Limit Discovery upon Receipt ofDiscovery Request: A party served with a discovery request who seeks to limit discovery pursuantto 14 C.F.R. § 13.220(f), (g), and (h), shall file a Motion for Reliefwithin ten (10) days after service ofthe disputed discovery request.

a. Good Faith Declaration Included: The Motion should include a declaration by the moving party, confirmingthat the movant has already conferred or attempted to confer in good faith with the opposing party regarding the disputed discovery or disclosure, to try and resolve the matter informally, priorto seeking court relief. b. Copy ofDisputed Discovery: Pursuant to 14 C.F.R. §13.220(b), only a copy of the disputed discovery, in support ofthe motion, should be attachedto the Motion orthe Response.

c. Response to Motion to Limit Discovery. Any Responseto the Motion shouldbe filed no later than ten (10) days after service ofthe Motion. 5. Motions to Compel Discovery: A party seeking to compel discovery must file a Motion to Compel within ten (10) days after receipt ofservice ofa deficient response orafter the response to the discovery is due, whichever occurs first.

a. Procedure for Motion: Any Motion and/or Response to Compel Discovery shall be filed inthe same manner as directed above for Motions to Limit Discovery (paragraph 4 and 4 (a)-(c)). 6. Duty to Supplement orAmend Discovery: Pursuant to 14 C.F.R. § 13.220(i), a party who has responded to a discovery request in this case has a duty to supplement oramend the response throughout the litigation period, as soon as the information is known. 7. October

### 22,2014: Retained/Hired orEmployee ExpertWitness Disclosures. Ifa party retains orhires a witness to provide expert testimony, or aparty intends to utilize the testimony ofan employee whose duties regularly involve giving expert testimony

- then the party intending to offer such witness shall disclose this retained or employee expert witness to the opposing side on or before October

### 22,2014. This expert witness disclosure shall include the name ofthe witness, the witness's resume orqualifications, and the witness's written report or statement ofopinion (including disclosure ofthe basis ofthat opinion).

Page 2 of5a. Any and all other expert witnesses who either party intends to call atthe hearing shall be disclosed in the initial discovery exchange, and inresponse to general discovery requests.
8. December 15,2014: Deadline for Completing GeneralDiscovery. The parties shall finish responding and serving answers to all general discovery requests pursuantto 14 C.F.R. §13.220 on orbefore December 15,2014. This includes the taking ofdepositions, pursuant to 14 C.F.R. §13.2200). 9. January 23, 2015: Deadlines for FilingDispositive Motion(s). The last date for both parties to file any/all pre-hearing dispositive motions, including Default Motions and/or Summary Judgment Motions. a) February 13,2015: Deadline for filing Answer to Dispositive Motion(s); b) March 3, 2015: Deadline for filing Reply (ifany). 10. Telephone Conference: March 19,2015 (1:30 p.m.-3:00p.m. ET). On March 19, 2015 (1:30 p.m.-3:00p.m. ET) the parties shall convene by telephone for oral argument on any filed dispositive motions. N.B. lftheparties do not file dispositive motions, then this Telephone Conference will be automatically converted and held as a Pre-Hearing Status Conference. 11. Apri121, 2015: List ofWitnesses/Exchange ofExhibits. On or before April21, 2015, the parties will serve and file the following: a) A list ofthe witnesses the party intends to call; b) A short statement ofthe testimony expected from each such witness; c) The resume ofeach witness who will be offered as an expert; d) The documents the party intends to offer in evidence (pre-marked as noted in paragraph G, infra); and e) An index cover sheet with a briefdescription (e.g., one line name) ofeach document. 12. April21, 2015: Written Stipulations and/orAgreed Motions in Limine. The parties shall file any written stipulations that narrow the factual orlegal issues, and/orthat are agreed Motions in Limine on orbefore April21, 2015. 13. May 19, 2015- May 21, 2015: HearingDates. Based onthe parties' agreement, the Hearing will take two (3.0) days or less. The Hearing will begin on Tuesday, May 19, 2015 (9:00 a.m-5:00 p.m. ET) inOrlando, Florida. The Hearing will end on Thursday,May 21, 2015 (9:00 a.m.-5:00p.m. ET). The specific location ofthe Hearing will be provided to the parties priorto the Hearing.
B. Discovery Requests and Exchanges: Discovery requests and exchanges need not be filed with the Office ofHearings, except as part ofa motion regarding limited discovery, disputed discovery, or as part ofa motion to compel discovery. Page 3 of5C. Failure to Move for Timely Relief/Late Service ofDiscovery: The failure to timely respond to discovery requests, and/or to timely move for relief regarding discovery disputes during the discovery period, may result in a finding that the party has, through its actions, waived its right to relief. Late service ofdiscovery requests may also be grounds for denial ofa motion to compel compliance with suchrequests. D. Scheduling Motion or Pre-Hearing Conferences on the Judge's Calendar: Priorto the Hearing date(s), ifa party wishes to schedule oral argument on any motion, or set up any type ofpre-hearing telephone conference onthe Judge's calendar, the party shall first confer with opposing counsel about mutually agreeable alternate dates. The movant shall then contact Mr. Cody L. Smith, Attorney-Advisor, at the Office ofHearings (202-366-6941) as soon as possible, with at least three (3) mutually-agreed, proposed alternate dates/times for the Judge's consideration. E. Requests for Modification ofthis Order: Any requests for modification ofthe litigation dates and procedures set forth inthis Order should be made by written Motion. The parties may also file an agreed written request for the Judge's consideration. F. 

### Attorney Withdrawal: Pursuantto 14 C.F.R. §13.218, an attorney who wishes to withdraw from representing a party must file a Motion to Withdraw. In this Motion, the attorney shall confirm the following:

a. The date the Respondent was served with written notice ofthe attorney's intent to withdraw; b. The name ofthe designated agent/lay representative ifthe Respondent in the action is a business entity; c. The current business address, telephone number, and fax number.ofthe Respondent and ofits designated agent; d. A statementthatthe Respondent has been notified in writing ofthe pending hearing dates in this litigation, as well as the pending pre-hearing discovery deadlines and telephone conferences; and e. A statement that the Respondent has beenprovided a copy ofall Orders issued in this litigation, as well as any other legal documents to which the Respondent is entitled.
G. Exhibits Broughtto the Hearing: Each party mustbringto the Hearing three copies ofany documents itintends to offer in evidence as exhibits (one for the Judge and two for the courtreporter). 

### The exhibits must have anindex cover sheet, and should be pre-marked. Complainant's exhibits should be marked "FAA-1," "FAA-2," "FAA-3," etc. Respondent's exhibits should be marked "R-1," R-2," "R-3," etc. Each multi-page exhibit shouldbe marked with a page number. IfExhibits are voluminous, they should be tabbed and placed in a 3-ringbinder. ·

Page 4 of 5H. Examination Process at the Hearing: Atthe Hearing, there will be the opportunity for direct examination, cross-examination, and redirect examination ofeach witness. Only one representative ofa party may direct or cross-examine a witness onbehalfofthat party. Pursuantto 14 C.F.R. 

### §13.205 and 14 C.F.R. §13.222, the Federal Rules ofEvidence will be utilized as·a guideline indetermining the admission ofall evidence. I. Court Filing ofExhibits with the Hearing Docket: All Exhibits moved for admission during the Hearing will be attached to the Hearing transcript and filed withthe Hearing Docketby the court reporter. Any Exhibits not moved for admission at the Hearing will be returned to the parties or destroyed. J. Clarification or Questions: For clarifications ofthis order or questions with regard to the procedures to be followed in this case, please contact Mr. Cody L. Smith, Attorney-Advisor, atthe Office ofHearings (202-366-6941).

Attachment: Service List

Page 5 of 5DocketNo. FAA-2014-0112 (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 WilburWright Building-Suite 2W1

# ooo1 ONE COPY Mr. VincentJ. Bennett Complainant's Counsel SeniorAttorney, Office ofthe Regional Counsel, ANE-7

. Federal Aviation Administration

12NewEngland Executive Park Burlington, MA 01803 TEL: 781-238-7044 FPC(: 781-238-7055 Mr. Gregory S. Winton Mr. Jared M. Allen Respondent's Counsel The Aviation LawFirm 1997 AnnapolisExchange Parkway Suite 300 Annapolis, MD 21401 TEL: 301-294-8550 FAX: 866-568-9886 Judge J.E. Sullivan US. Administrative LawJudge Office ofHearings, M-20 U.S. Department ofTransportation 1200 NewJersey Avenue, S.E. (Ell-310) Washington, DC 20590 TEL: 202-366-6941 FPC(: 202-366-7536 BaerAir, Inc. Respondent ML William L. Baer, President 150 SouthApollo Boulevard Melbourne, FL 32901

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: HearingDocket Clerk, AGC-430. ·