SERVED MARCH 1,2012 

Orf;^RTMENT OF 

U.S. DEPARTMENT OF TRANSPORTATION'.NjSPORTATIOM 

OFFICE OF HEARINGS ' X:':^'-^ OPERATION; 

WASHINGTON, DC 

m ;^/^R"! P 1^ 28 

IN THE MATTER OF: 

FLEET AVIATION, LLC, 

Respondent. 

DOCKETNO. FAA-2011-1117 

CaseNo. 2010EA110021 

ORDER GRANTING MOTION AND SETTING 

SECOND RULE 16 LITIGATION SCHEDULING CONFERENCE, AND 

DIRECTING RULE 26(f) PLANNING AND SUBMISSION 

On December 30, 2011 an Order Setting Rule 16 Litigation Scheduling Conference, and 

Directing Rule 26(f) Planning and Submission was filed. Among other things, this Order set the 

Rule 16 Litigation Scheduling Conference on February 29, 2012. 

On February 27, 2012 the Federal Aviation Administration (FAA) filed the Agency's 

Request for Two-Week Postponement of Rule 16 Litigation Scheduling Conference. On Febiuary 28, 2012 the Office of Hearings staff telephoned the FAA attorney and advised him that the 

Rule 16 Litigation Scheduling Conference scheduled on February 29, 2012 would convene, and 

that the FAA's Motion would be heard and ruled upon during that conference. 

On Wednesday, February 29, 2012, the parties appeared by telephone fov a Litigation 

Scheduling Conference, and discussed litigation procedural issues as well as their calendar availability to reschedule the Rule 16 Litigation Scheduling Conference. The FAA orally renewed and 

presented its February 27, 2012 Request for a Two-Week Postponement. The Respondent agreed 

to the requested continuance. It is Hereby Ordered: 

1) Pursuant to 14 C.F.R. §13.205(a)(6 and 8) and 14 C.F.R. §13.218, the FAA's Motion for 

a Two-Week Postponement is granted. The parties' joint proposal for additional time extending beyond two weeks is granted. 

2) Rule 16 Litigation Scheduling Conference: 

Pursuant to 14 C.F.R. §13.205(a)(]) and (7) and Civ. R. 16, the parties shall appear by telephone on Wednesday, April 25, 2012 at 10:00ani Eastern time 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 final scheduling/discovery plan will be ruled 

Paiie 1 of 2 
upon, as well as any other related matters pursuant to Rule 16(c). The Office of Hearings 

will initiate the Conference by telephone call, contacting each party at the party's telephone number of record. A party may provide an alternate number by notifying the 01-

t'lce of Hearings at least 24 hours prior to the Conference. 

3) Rule 26(f) Attorneys' Planninu Meeting, and Submission of Proposed Discovery Plan: 

Pursuant to 14 C.F.R. §13.217 and Civ. R. 26{^, prior to convening with the 

Judge for the Rule 16 Litigation Scheduling Conference, the parties shall privately conduct a Rule 26(0 phnuiing meeting and prepare a jointly written proposed scheduling/discovery plan, which must be completed and filed with the undersigned Judge on or 

before Wednesday, April 18, 2012 (i.e., seven (7) calendar days before the Conference). 

In addition to filing the proposed scheduling/discovery plan by regular mail filing with 

the U.S. Department of Transportation's Docket Office, the parties shall file a working 

copy of the scheduling/discovery plan with the undersigned Judge at the Office of Hearings by fax, express carrier, or personal delivery. The certificate of service should refiect 

the mamier of service. 

• The Attorneys' Rule 26(f) planning meeting shall include a good faith discussion 

about the nature and basis of each party's claims, the possibility of resolving all or part of 

the case, the scope and type of discovery (including electronic discovery) and the place of 

venue 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 of developing their proposed scheduling/discovery plan. The parties' planning meeting should also include discussion about 

the sequence and timing of follow-up discovery, including whether that discovery should 

be conducted in phases to prepare for any filing of particular motions (e.g., limiting scope 

of trial, disposifive motions, etc). The deadlines in the parties' proposed scheduling/discovery plan should be mutually agreeable, with a view to achieving case resolution 

with a minimum of expense and delay. Any uni'esolved scheduling/discovery disputes 

should be clearly identified in the propo.sed plan, so that these disputes may be addressed 

by the Judge duringthe Rule 16 Litigation Scheduling Conference. 

4) Confiicts with Rule 16 Liti^aUon Scheduling Conference Date: 

If a party develops an unavoidable contlict with (he scheduled Rule ]'6 Litigation 

Scheduling Conference.set in paragraph 1 .supra, and wishes to modify.thc date/time of 

the scheduled Conference, the party shall first confer with opposing counsel about mutually agreeable alternate dates, and then contact C. Diane Mays at the Office of Hearings 

(202-366-2132) as soon as possible after receipt of this Order, with at least three (3) mutually-agreed, proposed alternate dates/times for the Judge's consideration. 

Judge J.E. SulUvan 

U.S>Adrnmi^rative Law Judge 

Attachment: Sei'vice List 

Page 2 of 2 
FDMSNO. FAA-2011-1! 17 

(Civil Penalty Action) 

SERVICE LIST 

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' 

ONE COPY 

Gregory S. Winton, Respondent's Counsel 

The Aviation Law Finn 

One Research Court, Suite 450 

Rockville,MD 20850 

TEL: 301-294-8550 

FAX: 301-294-2525 

Zachery M. Bertiian, Complainant's Counsel 

Office of the Regional Counsel, AEA-7 

Eastern Region 

Federal Aviation Administration 

1 Aviation Plaza 

Jamaica, NY 11434-

TEL: 718-553-3258 

FAX: 718-995-5699 

The Honorable J.E. Sullivan, Administrative Law Judge 

Office of Hearings. M-20 

U.S. Department of Transportation 

1200 New .lersey Avenue, S.E. 

Washington, DC 20590 

TEL: 202-366-2132 

FAX: 202-366-7536 

Service way by U.S. tvlail. For service in person or by expedited courier, use Ihe following address: Federal 

Aviation Administralion, 600 Independence Avenue, S.W., Wilbur Wrighl Building—Suite 2W1000, Washington, 

DC 20591; Attention: Hearing Docket Clerk, AGC^30.