InThe Matter Of: 

## SERVED: June 23,2013

U.S. DEPARTMENT OFTRANSPORTATION OFFICE OFHEARINGS WASHINGTON,DC

AIRBORNE MAINTENANCE AND ENGINEERING SERVICES ) ) ) ) ) ) Docket No. FAA-2013-0291 Case No.- 2011 S0290032 Respondent

ORDERSETTINGNEW LITIGATION DATESAND PROCEDURES OnJune 18,2014 an Order Setting Telephone Conference was filed. OnJune 23, 2014, the parties appeared by telephone for a Telephone Conference, and discussed theirprogress in discovery, as well as their calendar availability, hearing dates, and other litigation procedural matters. Pursuantto 14 C.F.R. §13.205(a)(l), (6) and (7), 14 C.F.R. §13.217, and 14 C.F.R. §13.220, and afterreviewing all relevant caselaw, regulation, statutory authority, and being fully advised;

ITIS HEREBY ORDERED: A. The pending litigation procedures and hearing dates- previously set bythe November 7, 2013 Order SettingLitigation Dates and Procedures, and suspendedbythe May 15, 2014 Order Granting Joint Motion to Suspend Litigation Dates- are hereby cancelled.

B. The new litigationprocedures, deadlines, and hearing dates are set as follows: I. June 23,2014: GeneralDiscovery Continues 2. August 24, 2014: Resumption ofFactWitness Depositions. The parties shall resume taking any/all fact witness depositions. 3. September30,2014: Deadlinefor FactWitness Depositions. The parties shall conclude taking any/all .fact witness depositions.

Page 1 of44. Service oflnterrogatories. Pursuantto 14 C.F.R. §13.220(k)(1), a party shall not serve more than thirty (30) interrogatories to each other, and each subpart ofan interrogatory shall be counted as a separate interrogatory. 5. Motions Regarding Interrogatories. Pursuant to 14 C.F.R. § 13.220(m) and Paragraph D herein, any motions to compel for deficient interrogatory response(s) shall be filed within ten (10) days afterreceipt ofthe objection or deficient answer. 6. October 14, 2014: InitialExpertDisclosures. On orbefore October 14, 2014, the parties shall exchange initial expert disclosures. 7. November4, 2014: ExpertRebuttal Disclosures. On orbefore November 4, 2014, the parties shall exchange expert rebuttal disclosures pursuantto CR 26(a)(2). 8. November4, 2014: Deadline for Completing General Discovery. The last date for bothparties to finish serving answers to all additional general discovery requests pursuant to CR 26- CR 36 and 14 C.F.R. §13.220(b) and (e). This includes, but is not limited to, the taking ofdepositions and servingresponses to all requests for production, etc. 9. November 18,2014: Deadlines for FilingDispositive Motion(s). The last date for both parties to file any/all pre-hearing dispositive motions, including DefaultMotions and/or Summary Judgment Motions. a) December9, 2014: Deadline for filing Answer to Dispositive Motion(s); b) December23,2014: Deadline for filing Reply (ifany). 10. January 13,2015: 1:30 p.m.-3:00p.m. ET. Telephone conference for oral argument on dispositive motions. N.B. Iftheparties do not file dispositive motions, then this Telephone Conference will be automatically converted and held as a Pre-Hearing Status Conference. 11. March 5, 2015: List ofWitnesses/Exchange ofExhibits due date. The last date for eachparty to serve and file the following: a) A list ofthe witnesses the party intends to call; b) A short statement ofthetestimony expected from each such witness; c) The resume ofeach witness who will be offered as an expert; and d) The documents the party intends to offer in evidence (pre-marked as noted in paragraph E, 

### infra). 12. March 26,2015: Written Stipulations and/orMotions 

### in Limine due date. The deadline for filing written stipulations and/or Motions 

### in Limine. 13. May 5, 2015-May 8, 2015: Hearing dates. Based onthe parties' agreement, the Hearing will take four (4) days orless. The Hearing will beginonTuesday,May 5, 2015 (9:00 a.m-5:00 p.m. ET) in Orlando, Florida, and end on Friday,May 8, 2015 (9:00 a.m.-5:00p.m. ET). The specific location ofthe Hearing will be provided to the parties prior to the Hearing. Page 2 of4

### B. Requests for modification ofthe litigation dates set forth in paragraph A may be made by written Motion. Before filing such a Motion, however, the party seeking the modification shall contactthe opposingparty and seekto arrive at mutually convenient alternative date(s). A report onthe result ofthis discussion shall be included by the movant in the Motion. C. Discovery requests or documents complying with discovery requests need not be filed in this case withthe Office ofHearings, except as part ofa motion regarding disputed discovery, or as part ofa motion to compel discovery. D. Any Motions regarding discovery, including a Motion to Compel Discovery, must be filed within ten (10) calendar days after service ofa deficient response orafterthe response to the discovery is due, whichever occurs first. Motions to Compel c;md other discovery motions must be accompanied by the relevant discovery requests and responses, and a declaration bythe moving party, pursuant to Civ. R. 37(a)(l), that the movant has conferred orattempted to confer in good faith withthe party alleged to have failed to make discovery ordisclosure. The Civ. R. 37(a)(l) declaration shall specifically indicate the efforts made bythe movantto resolve the dispute and identify whichdiscovery matters remain in dispute. Statements in response to discovery motions mustbe filed within ten (10) calendar days after service ofthe motion. The failure to timely file objections to discovery may result in the objections being deemed waived. Belated service ofburdensome discovery requests may also be grounds for denial ofa motion to compel compliance with such requests. E. Each party must bring to the hearing at least three (3) copies ofany documents it intends to offer in evidence as exhibits (original and one copy for the Judge, and one copy for the official reporter). Each party's exhibits must include an index cover sheet, and should be pre-marked. Complainant's exhibits should be marked "C-1," "C-2," "C-3," etc. Respondent's exhibits should be marked "R-1," R-2," "R-3," etc. F. At the hearing, there will be the opportunity for direct examination, crossexamination, redirect examination and re-cross-examination ofeach witness. Only one representative ofa party may cross-examine a witness on behalfofthat party. Pursuant to 14 C.F.R. §13.205 and 14 C.F.R. §13.222, the Federal Rules ofEvidence will be utilized as a guideline in determining the admission ofall evidence. G. Priorto the hearing date(s), ifa party wishes to schedule oral argument on any motion, or set up any type oftelephone conference on the Judge's calendar, the party shall first confer with opposing counsel about mutually agreeable alternate dates, andthen 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. The movant shall be responsible for contactingthe Office ofHearings. H. Stipulated Venue: The parties agreed that the venue location for the hearing is Orlando, Florida.

Page 3 of4I. Attorney Withdrawal: Pursuantto 14 C.F.R. §13.218, an attorney who wishes to withdraw from representing a party must file a Motionto Withdraw. In this Motion, In this Motion, the attorney shall confirm the following: 1. The date, address, and method by whichthe Respondent was served with written notice ofthe attorney's intent tq withdraw; 2. The name ofthe designated agent/layrepresentative ifthe Respondent inthe action is a business entity; 3. The current business address, telephone number, and fax number ofthe Respondent and·ofits designated business agent; 4. The date and method by which the Respondent was notified inwriting ofthe pending hearing dates inthis litigation, as well as the pendingpre-hearing discovery deadlines. and telephone conferences; and 5. The date and method by whichthe Respondent was provided a copy ofall Orders issued inthis litigation, as well as any other legal documents to whichthe Respondent is entitled. ·


### J. Forclarifications ofthis order orquestions withregard to the procedures to be followed inthis case, please contactMr. Cody L. Smith, Attorney-Advisor, atthe Office of Hearings (202-366-6941).

Attachment: Service List

Page 4 of4SERVICE 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-Suite2W1000 1

Mr. ChristopherR. Stevenson Complainant's Counsel Federal Aviation Administration ONE COPY

Office ofthe Regional Counsel, Southern Region P. 

### 0. Box 20636 Atlanta, GA 30320 TEL: 404-305-5200 FAJ(: 404-305-5223 Mr. Robert P. Silverberg Respondent's Counsel Silverberg, Goldman & Bikoff, LLP Georgetown Place, Suite 120 1101 30th St., N.W. Washington, DC 20007 TEL: 202-944-3300 FAX: 202-944-3306 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: 202-366-2132 FAX: 202-366-7536 FDMS No. FAA-2013-0291 (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 2Wl000, Washington, DC 20591; Attention: Hearing Docket Clerk, AGC-430.