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InThe Matter Of: 

## SERVED JULY 9, 2012 U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS WASHINGTON, DC

DocketNo. FAA-2012-0477 LIBERTY FOUNDATION, INC 

### ) ) ) ) ) ) Case No. 2011 GL 030070 Respondent 

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ORDER SETTING RULE 16 LITIGATION SCHEDULING CONFERENCE, AND DIRECTING RULE 26(t) PLANNING AND SUBMISSION 1) Rule 16 Litigation Scheduling Conference: Pursuantto 14 C.F.R. §13.205(a)(1) and (7) and Civ. R. 16, the parties shall appearby telephone onThursday, September20, 2012.at ll:OOam Eastern time for a Rule 16 Litigation Scheduling Conference. Duringthis Conference theparties will discuss the issues inthe dispute, theirjointly submitted proposed scheduling/discovery plan (see paragraph 2 infra) and respond to any questions regarding disagreements not resolved in the proposed plan. During the Confer-



## .. ence a final scheduling/discoveryplanwill beruledupon, as well as any otherrelated matters pursuantto Rule 16(c). The Office ofHearings.will initiate the Conference bytelephone call, contacting.eachparty atthe party's telephone number ofrecord. A party mayprovide an alternate numberby notifying the Office ofHearings at least24 hours prior to the eonference.
2) Rule 26(f) Attorneys' PlanningMeeting, andSubmissionofProposed Discovery Plan: · Pursuantto 14**C.F~R.** §13.217 and Civ. R. 26(f),priorto convening withthe·Judge for the Rule 16 Litigation Scheduling Conference, theparties shall privately conduct a Rule 26(f) planning meeting and prepare ajointlywrittenproposed scheduling/discoveryplan, which mustbe completed and filed with the undersigned Judge on orbefore Thursday, September 13, 2012 (i.e., seven (7) calendar days before the Conference). In addition to filing theproposed scheduling/discovery planbyregularmail filing with the U.S. Department ofTransportation's Docket
Page 1of2Office, the parties shall file a working copy ofthe scheduling/discovery plan with the undersigned Judge at the Office of Hearings by fax, express carrier, or personal delivery. The certificate of service should reflect the manner of service. The parties' 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**~hould** 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, dispositive 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 unresolved scheduling/discovery disputes should be clearly identified in the proposed discovery plan, so that these disputes may be addressed by the Judge during the Rule 16 Litigation Scheduling Conference. 3) Conflicts with Rule 16 Litigation Scheduling Conference Date: If a party has an unavoidable conflict with the scheduled Rule 16**Litigati,~m** Scheduling Conference set in paragraph 1 supra, and wishes to modify the 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, propose(fl:ilternate dates/times for the Judge's consideration. Attachment: Service List Page 2 of2

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### SERVICELIST- BY U.S. MAIL ORIGINAL & 

### ONE COPY Federal AviationAdministration 800 Independence Avenue, S.W. Washington, DC 20591 Attention: Hearing Docket Clerk, AGC-430 Wilbur Wright Building-Suite2Wl0001 

### ONE COPY StuartA. Goldstein, Respondent's Counsel StuartA. Goldstein, P.A. 9350 South Dixie Highway, 10th Floor Miami, FL 33156 TEL:. 305-670-1222 FAX: 305-670-7065 Adrianne Wojcik,.Complainant's Counsel Office ofthe Regional Counsel Great Lakes Region, AGL-7 Federal Aviation Administration 2300 East DevonAvenue Des Plaines, IL 60018-4696 TEL: 847:-294-7109 FAX: 847-294-7498 The Honorable J.E. Sullivan,AdministrativeLawJudge Office ofHearings, M-20 U.S. Department ofTransportation 1200NewJersey Avenue, S.E. (Ell-310) Washington, DC 20590 TEL: 202-366-2132 FAX: 202-366-7536 FDMS No. FAA-2012-0477 (Civil Penalty Action)



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1 Service was byU.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: Hearing Docket Clerk, AGC-430. 

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