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In The Matter Of: 

## SERVED APRIL 23, 2012 U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS WASHINGTON, DC

DocketNo. FAA-2012-0020 BRENDAN AIRWAYS, LLC, ) ) ) ) ) Case No. 2011 EA 170024 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)(l) and (7) and Civ. R. 16, the parties shall appearbytelephone on Wednesday, June27,2012 at ll:OOam Eastern time for a Rule 16 Litigation Scheduling Conference. Duringthis Conference the parties will discuss the issues inthe dispute, their jointly submittedproposed scheduling/discoveryplan (see.paragraph 2 

### infra) and respond to any questions regarding disagreements not resolved in the proposed plan.Duringthe Conference a final scheduling/discovery plan will be ruled upon, as well as any otherrelated matters pursuant to Rule 16(c). The Office ofHearings will initiate the Conferencebytelephone call, contacting each party atthe party's telephone number ofrecord. Apartymay provide an alternate number by notifying the Office ofHearings at least 24 hours priorto the Conference.

2) Rule 26(f) Attorneys' Planning Meeting, and Submission ofProposed Discovery Plan: Pursuantto 14 C.F.R. §13.217 and Civ. R. 

### 26(t),priorto convening withthe'Judge for the Rule 16 Litigation Scheduling Conference, the parties shall privately conduct a Rule 26(t)planning meeting andprepare ajointlywrittenproposed scheduling/discoveryplan, which must be completed and filed with the undersigned Judge on orbefore Wednesday,June 20,2012 (i.e.,
seven (7) calendardays before the Conference). In additionto filing theproposed scheduling/discoveryplanbyregularmail filing with the U.S. Department ofTransportation'sDocket Office, the parties shall file a working copy ofthe scheduling/discoveryplan with the underPage 1of2signed 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' Rule 26(f) 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, 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 Litigation 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 ofthis Order, with at least three (3) mutually-agreed, proposed alternate dates/times for the Judge's consideration. Attachment: Service List Page 2 of2

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ORIGINAL & 

### ONE COPY Federal AviationAdministration 800 Independence Avenue, S.W. Washington, DC 20591 Attention: Hearing Docket Clerk, AGC-430, Wilbur Wright Building-Suite 2W1000 1

Jason Dickstein, 

### Respondent's Counsel· Washington Aviation Group 2233 WisconsinAvenue, N.W., #503 Washington, DC 20007 TEL: 202 628-6776 FAX: 202-628-8948 

### ONE COPY

Zachary M. Berman, 

### Complainant's Counsel Office ofthe Regional Counsel, ASO-7 Eastern Region Federal Aviation Administration 1Aviation Plaza Jamaica, NY 11434 TEL: 718-553-3258 FAX: 718-995-5699
The Honorable J.E. Sullivan,

### AdministrativeLawJudge Office ofHearings, M-20 U.S. Department ofTransportation 1200 NewJersey Avenue,**S.E~** Washington, DC 20590 TEL: 202-366-2132 FAX: 202-366-7536 FDMSNO. FAA-2012-0020 (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-Suite2Wl000, Washington, DC 20591; Attention: Hearing Docket Clerk, AGC-430.