In The Matter Of: 

GLOBAL AIRCRAFT 

INTERIORS, INC. 

Respondent 

SERVED: October 2, 2015 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, DC 

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Docket No. FAA-2014-0324 

Case No. 2011EA110043 

SECOND ORDER SETTING 

LITIGATION DATES AND PROCEDURES 

On September 23, 2015, an Order Resetting Litigation Scheduling Conference and was 

filed. 

On October 1, 2015, the parties appeared by telephone for a Rule 16 Litigation 

Scheduling Conference, and discussed their calendar availability, hearing dates, and other 

litigation procedural matters. 

Pursuant to 14 C.F.R. §13.205, 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. On or before November 2, 2015: General Discovery Initiated. Pursuant to 14 C.P.R. 

§13.220(a), the.parties may immediately begin conducting general discovery. To ensure 

full use of the discovery time allotted in this case, the parties shall begin exchanging or 

serving general discovery requests on or before November 2, 2015, pursuant to 14 C.F.R. 

§13.220 (b), (c), (d) and (e). General discovery includes, but is not limited to: notices of 

deposition; requests for production of documents; propounding interrogatories; requests 

for admission; etc. 
2. Service oflnterrogatories. Pursuant to 14 C.F .R. § 13 .220(k)(l ), a party shall not serve 

more than thirty (30) interrogatories upon each other. Each subpart of an 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. 

3. Motions to Limit Discovery upon Receipt of Discovery Request: A party served with a 

discovery request who seeks to limit discovery pursuant to 14 C.F.R. § 13.220(£), (g), and 

(h), shall file a Motion for Relief within fifteen (15) days after service of the disputed 

discovery request. 

a. Good Faith Declaration Included: The Motion must include a declaration by the 

moving party, confirming that 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, prior to 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 of the motion, should be attached to the Motion 

or the Response. 

c. Response to Motion to Limit Discovery. Any Response to the Motion should be 

filed no later than ten (10) days after service of the Motion. 

4. Motions to Compel Discovery: A party seeking to compel discovery must file a Motion 

to Compel within fifteen (15) days after service of a deficient response or after 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 in the same manner as directed above for Motions to Limit Discovery 

(paragraph 4 and 4 (a)-( c)). 

5. Duty to Supplement or Amend 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 or amend 

the response throughout the litigation period, as soon as the information is known. 

6. March 25, 2016: Deadline for Completing All Discovery. On or before March 25, 

2016, the parties shall finish responding and serving answers to all general discovery 

requests pursuant to 14 C.F.R. §13.220. 

7. Pre-Hearing Telephone Conference: April21, 2016 (10:00 a.m.-11:30 a.m. ET). The 

parties shall convene by telephone for a Pre-Hearing Status Conference on April21, 

2016 (10:00 a.m.-11:30 a.m. ET). To participate in the Conference, the parties shall call 

the court's conference line: 202-493-2343. 

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8. May 16,2016: List of Witnesses/Exchange of Exhibits. On or before May 16,2016, 

the parties will serve and file the following: 

a) A list of the witnesses the party intends to call; 

b) A short statement of the testimony expected from each such witness; 

c) The resume of each witness who will be offered as an expert; 

d) The documents the party intends to offer in evidence (pre-marked as noted in 

paragraph E, infra); and 

e) An index cover sheet with a brief description of each document. 

9. July 19, 2016- July 20,2016: Hearing Dates. 

Based on the parties' agreement, the Hearing will take 2 days or less. The Hearing will 

begin on Tuesday, July 19, 2016 (9:00 a.m.-5:00 p.m. ET) in either Islip, New York or a 

nearby location (i.e., Manhattan or White Plains, NY). The Hearing will continue on 

Wednesday, July 20,2016 (9:00 a.m.-5:00p.m. ET) and will end at the close of that day 

The specific location of the Hearing will be provided to the parties prior to the Hearing. 

B. Discovery Requests and Exchanges: 

Discovery requests and exchanges need not be filed with the Office of Hearings, except 

as part of a motion regarding limited discovery, disputed discovery, or as part of a motion to 

compel discovery. 

C. Failure to Move for Timely Relief/Late Service of Discovery: 

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 of discovery requests 

may also be grounds for denial of a motion to compel compliance with such requests. 

D. Scheduling Motion or Pre-Hearing Conferences on the Judge's Calendar: 

Prior to the Hearing date( s ), if a party wishes to schedule oral argument on any motion, or 

set up any type of pre-hearing telephone conference on the Judge's calendar, the party shall 

first confer with opposing counsel about mutually agreeable alternate dates. The movant shall 

next 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. Documentary Exhibits Brought to the Hearing: 

Each party must bring to the Hearing at least three copies of any documents it intends to 

offer in evidence as exhibits (one for the Judge, one for the witnesses, and one for the court 

reporter). The exhibits must have an index cover sheet, and should be pre-marked and 

tabbed. 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. Examination Process at the Hearing: 

At the Hearing, there will be the opportunity for direct examination, cross-examination, 

and redirect examination of each witness. Only one representative of a party may direct or 

cross-examine a witness on behalf of that party. Pursuant to 14 C.F .R. § 13.205 and 14 C.F .R. 

Page 3 of 4 
§13.222, the Federal Rules of Evidence will be utilized as a guideline in determining the 

admission of all evidence. 

G. Court Filing of Exhibits with the Hearing Docket: 

All Exhibits that the parties have moved for admission during the Hearing will be 

attached to the court transcript and filed by the court reporter. 

H. Requests for Modification of this Order: 

Any requests for modification of the litigation dates and procedures set forth in this Order 

should be made by written Motion. The parties may also file an agreed written request. 

I. Clarification or Questions: 

For clarifications of this order or questions with regard to the procedures to be followed 

in this case, please contact Mr. Cody L. Smith, Attorney-Advisor, at the Office of Hearings 

(202-366-6941 ). 

Attachment: Service List 

Page 4 of 4 
SERVICE LIST- BY U.S. MAIL 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Washington, DC 20591 

ORIGINAL & ONE COPY 

Attention: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building-Suite 2W1 0001 

Mr. Zachary M. Berman 

Complainant's Counsel 

Federal Aviation Administration 

Office of the Regional Counsel 

1 Aviation Plaza 

Jamaica, NY 11434 

TEL: 718-553-3258 

FAX: 718-995-5699 

Mr. Robert Roth 

Respondent's Lay Representative 

2075 Smithtown Avenue 

Ronkonkoma, NY 11779 

TEL: 631-981-84 70 

Judge J.E. Sullivan 

US. Administrative Law Judge 

Office ofHearings, M-20 

U.S. Department of Transportation 

ONE COPY 

1200 New Jersey Avenue, S.E. (E11-310) 

Washington, DC 20590 

TEL: 202-366-6941 

FAX: 202-366-7536 

Docket No. FAA-2014-0324 

(Civil Penalty Action) 

1 Service was by U.S. Mail. For service in person or by expedited courier, use the following address: Federal 

Aviation Administration, 600 Independence Avenue, S.W., Wilbur Wright Building-Suite 2W1000, Washington, 

DC 20591; Attention: Hearing Docket Clerk, AGC-430.