In The Matter Of: 

SERVED: June 23,2013 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, DC 

AIRBORNE MAINTENANCE 

AND ENGINEERING SERVICES 

) 

) 

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Docket No. FAA-2013-0291 

Case No.- 2011 S0290032 

Respondent 

ORDER SETTING NEW 

LITIGATION DATES AND PROCEDURES 

On June 18,2014 an Order Setting Telephone Conference was filed. 

On June 23, 2014, the parties appeared by telephone for a Telephone Conference, and 

discussed their progress in discovery, as well as their calendar availability, hearing dates, and 

other litigation procedural matters. 

Pursuant to 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 after reviewing all relevant caselaw, regulation, statutory authority, and being fully 

advised; 

IT IS HEREBY ORDERED: 

A. The pending litigation procedures and hearing dates- previously set by the November 7, 

2013 Order Setting Litigation Dates and Procedures, and suspended by the May 15, 2014 

Order Granting Joint Motion to Suspend Litigation Dates- are hereby cancelled. 

B. The new litigation procedures, deadlines, and hearing dates are set as follows: 

I. June 23,2014: General Discovery Continues 

2. August 24, 2014: Resumption of Fact Witness Depositions. The parties shall resume 

taking any/all fact witness depositions. 

3. September 30,2014: Deadline for Fact Witness Depositions. The parties shall 

conclude taking any/all .fact witness depositions. 

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4. Service oflnterrogatories. Pursuant to 14 C.F.R. §13.220(k)(1), a party shall not serve 

more than thirty (30) interrogatories to each other, and each subpart of an 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 after receipt of the objection or deficient answer. 

6. October 14, 2014: Initial Expert Disclosures. On or before October 14, 2014, the 

parties shall exchange initial expert disclosures. 

7. November 4, 2014: Expert Rebuttal Disclosures. On or before November 4, 2014, the 

parties shall exchange expert rebuttal disclosures pursuant to CR 26(a)(2). 

8. November 4, 2014: Deadline for Completing General Discovery. The last date for 

both parties 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 of depositions and serving responses to all requests for production, etc. 

9. November 18,2014: Deadlines for Filing Dispositive 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) December 9, 2014: Deadline for filing Answer to Dispositive Motion(s); 

b) December 23,2014: Deadline for filing Reply (if any). 

10. January 13,2015: 1:30 p.m.-3:00p.m. ET. Telephone conference for oral argument on 

dispositive motions. N.B. Ifthe parties 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 of Witnesses/Exchange of Exhibits due date. The last date for 

each party to serve and file the following: 

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

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

c) The resume of each 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/or Motions 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 on the parties' agreement, the Hearing will take four (4) days or less. The 

Hearing will begin on Tuesday, 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 of the Hearing will be provided to the parties prior to the Hearing. 

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B. Requests for modification of the 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 contact the opposing party and seek to arrive at mutually convenient 

alternative date(s). A report on the result of this 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 with the Office of Hearings, except as part of a motion regarding disputed 

discovery, or as part of a motion to compel discovery. 

D. Any Motions regarding discovery, including a Motion to Compel Discovery, must 

be filed within ten (1 0) calendar days after service of a deficient response or after the 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 by the 

moving party, pursuant to Civ. R. 37(a)(l), that the movant has conferred or attempted to confer 

in good faith with the party alleged to have failed to make discovery or disclosure. 

The Civ. R. 37(a)(l) declaration shall specifically indicate the efforts made by the 

movant to resolve the dispute and identify which discovery matters remain in dispute. 

Statements in response to discovery motions must be filed within ten (10) calendar days after 

service of the motion. The failure to timely file objections to discovery may result in the 

objections being deemed waived. Belated service of burdensome discovery requests may also be 

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

E. Each party must bring to the hearing at least three (3) copies of any 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 of each witness. Only one 

representative of a party may cross-examine a witness on behalf of that 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 of all evidence. 

G. Prior to the hearing date(s), if a party wishes to schedule oral argument on any 

motion, or set up any type of telephone conference on the Judge's calendar, the party shall first 

confer with opposing counsel about mutually agreeable alternate dates, and then Mr. Cody L. 

Smith, Attorney-Advisor, at the Office of Hearings (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 contacting the Office of Hearings. 

H. Stipulated Venue: The parties agreed that the venue location for the hearing is 

Orlando, Florida. 

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I. Attorney Withdrawal: Pursuant to 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, In this 

Motion, the attorney shall confirm the following: 

1. The date, address, and method by which the Respondent was served with written 

notice of the attorney's intent tq withdraw; 

2. The name of the designated agent/lay representative if the Respondent in the action is 

a business entity; 

3. The current business address, telephone number, and fax number of the Respondent 

and· of its designated business agent; 

4. The date and method by which the Respondent was notified in writing of the pending 

hearing dates in this litigation, as well as the pending pre-hearing discovery deadlines. 

and telephone conferences; and 

5. The date and method by which the Respondent was provided a copy of all Orders 

issued in this litigation, as well as any other legal documents to which the Respondent 

is entitled. · 

J. 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 

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SERVICE LIST- BY U.S. MAIL 

ORIGINAL & ONE COPY 

Federal Aviation Administration 

800 Independence A venue, S. W. 

Washington, DC 20591 

Attention: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building-Suite 2W10001 

Mr. Christopher R. Stevenson 

Complainant's Counsel 

Federal Aviation Administration 

ONE COPY 

Office of the 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 Law Judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

1200 New Jersey 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 or by 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.