### In The Matter Of: 

## SERVED: APRIL 17,2015

U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS WASHINGTON, DC

DocketNo. FAA-2014-0812 NORTHEASTERN AVIATION CORPORATION ) 

### ) ) ) ) ) 

### Case No. 2012EA110028 Respondent

ORDER SETTING LITIGATION DATES AND PROCEDURES '''



### On January 28, 2015, a Corrected Order Continuing Rule 16 Litigation Scheduling Conference and Setting Motion Deadlines was filed. Among otherthings, this Order continued the Conference to April 7, 2015. On February 18,2015,the FAA filed the Agency's Withdrawal ofMotion for Decision. On March 26, 2015 the parties filed aJointly Proposed Scheduling/Discovery Plan. On April 7, 2015, the Office ofHearings was still experiencing problems with electrical equipment, due to a city-wide loss ofelectrical powerthat had occurred the prior day (on April 6, 20 15). As a result, the Courtwas unable to access any computer stored information

- including the Court's litigation calendar. The hearing was postponed by Court motion to April 16,2015. On April 16, 2015 theparties appeared by

## teleph~ne for the Rule 16 Litigation Scheduling Conference, and discussedtheircalendar availability, hearing dates, and other litigation procedural matters. Pursuant to 14 C.P.R.§ 13.205(a)(1), (6) and (7), Civ. R. 16, 14 C.P.R.§ 13.217, and 14 C.P.R. § 13.220, and afterreviewing 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. May 1, 2015: Deadlinefor Initial Disclosures. 

### To ensurethat the parties have sufficient time to address all issues in dispute, on or before May 1, 2015 

### the parties shall serve each other with initial disclosures (as described in Civ. R. 26(a)(l)(A)(i), (ii), and (iii)) without waiting for a specific discovery request.

Page 1 of42. On or beforeMay 5, 2015: General Discovery Initiated. Pursuantto 14 C.F.R. 

### §13.220(a), the parties mayimmediatelybeginconducting general discovery. In orderto ensure full use ofthediscoverytime allotted in this case, the parties shall begin exchanging or serving general discovery requests on orbefore May 5, 2015, pursuant to 14 C.F.R. §13.220 (b), (c), (d) and (e). General discovery includes, but is not limited to: notices ofdeposition; requests for production ofdocuments; propounding interrogatories; requests for admission; etc. 3. Service oflnterrogatories. Pursuantto 14 C.F.R. § 13.220(k)(l), a party shall not serve more than thirty (30) interrogatories upon each other. Each subpart ofan interrogatory shall be counted as a separate interrogatory.

a. Objection(s) to Interrogatories. Pursuantto 14 C.F.R. 

### § 13.220(k), any objection inresponseto an interrogatory must include the reason(s) supportingthe objection. 4. Motions to Limit Discovery upon Receipt ofDiscovery Request: A party served with a discovery request who seeks to limit discovery pursuantto 14 C.F.R. § 13.220(£), (g), and (h), shall file a Motion for Reliefwithin ten (10) days after service ofthe disputed discovery request.

a. Good Faith Declaration Included: The Motion should include a declaration by the moving party, confirmingthat the movant has already conferred or attempted to confer in good faith with the opposingparty regarding the disputed discovery or disclosure, to try and resolve the matter informally, priorto seeking court relief. b. Copy ofDisputed Discovery: Pursuantto 14 C.F.R. § 13.220(b), only a copy of the disputed discovery, in support ofthe motion, should be attached to the Motion or the Response.

c. Response to Motionto Limit Discovery: Any Response to the Motion should be filed no laterthanten (10) days after service ofthe Motion. 5. Motions to Compel Discovery: A party seekingto compel discovery must file a Motion to Compel within ten (10) days after service ofa 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 inthe same manner as directed above for Motions to Limit Discovery (paragraph4 and 4 (a)-(c)). 6. Retained/Hired or Employee Expert Witness Disclosures. Ifa party retains orhires a witness to provide experttestimony, or a party intends to utilizethe testimony ofan employee to give experttestimony- then the party intendingto offer such witness shall disclose this retained or employee expert witness to the opposing side pursuant to the timeline below. The expert witness disclosure shall include the name ofthe witness, the
Page 2 of5witness's expert resume or qualifications, and the witness's written report or statement of opinion (including disclosure ofthe basis ofthat opinion). a) FAAExpertDisclosure Deadline: July 1, 2015. b) RespondentExpertDisclosure Deadline: July 15, 2015. c) ExpertRebuttal Reports Deadline: August 7, 2015. 7. 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 oramend the response throughoutthe litigationperiod, as soon as the information is known. 

### 8. November 6, 2015: Deadline for Completing General Discovery. On or before November 6, 2015, the parties shall finish responding and serving answers to all general discovery requests pursuantto 14 C.F.R. § 13.220. This includes the taking of depositions, pursuantto 14 C.F.R. §13.220(j). 9. December4, 2015: 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) January 15, 2016: Deadline for filing Answerto Dispositive Motion(s); b) January 29, 2016: Deadline for filing Reply (ifany). 10. Telephone Motion Conference: February 10,2016 (10:00 a.m.-11:30 a.m. ET). The parties shall convene by telephone for oral argument on any filed dispositive motions on February 10,2016 (10:00 a.m.-11:30 a.m. ET). 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 22, 2()16: List ofWitnesses/Exchange ofExhibits. On orbefore March 22, 2016, the parties will serve and file the following: a) A list ofthe witnesses the party intends to call; b) A short statement ofthe testimony expected from each such witness; c) The resume or statement ofqualifications ofeach 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 briefdescription ofeach document. 12. March 22, 2016: Written Stipulations and/orAgreed Motions 

### in Limine. On or before March 22, 2016, the parties shall file any written stipulations that narrowthe factual or legal issues, and/orthat are agreed Motions in Limine. 13. May 4, 2016 and May 5, 2016: Hearing Dates. Based on the parties' agreement, the Hearing will take two (2) days or less. The Hearing will begin on May 4, 2016 (9:00a.m-5:00p.m. ET) in the New York, NY area. The Hearing will continue on May 4, 2016 (9:00a.m-5:00p.m. ET) and conclude on Page 3 of5

### that same day. The specific location ofthe Hearing will be providedto theparties shortly priorto the Hearing. B. Discovery Requests and Exchanges: Discoveryrequests and exchanges need notbe filed withthe Office ofHearings, except as part ofa motionregarding limited discovery, disputed discovery, oras part ofa motion to compel discovery. C. Failure to Move for Timely Relief/Late Service ofDiscovery: 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 thatthe party has, through its actions, waived its right to relief. Late service ofdiscovery requests may also be grounds for denial ofamotionto compel compliance with suchrequests. D. Scheduling Motion or Pre-Hearing Conferences on the Judge's Calendar: Priorto the Hearing date(s), ifa party wishes to schedule oral argument on any motion, or set up any type ofpre-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 contactMr. Cody L. 

### Smith, Attorney-Advisor, at the Office ofHearings (202-366-6941) as soon as possible, with at leastthree (3) mutually-agreed, proposed alternate dates/times for the Judge's consideration. E. Exhibits Broughtto the Hearing: Each party mustbringtothe Hearing at leastthree copies ofany documents it intends to offer in evidence as exhibits (two for the Judge and one for the courtreporter). The exhibits must have 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. Examination Process at the Hearing: At the Hearing, there will bethe opportunity for direct examination, cross-examination, and redirect examination ofeach witness. Only one representative ofa party may direct or cross-examine a witness on behalfofthatparty. 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 determiningthe admission ofall evidence. G. Attorney Withdrawal: Pursuantto 14 C.F.R. §13.218, an attorney who wishes to withdraw from representing aparty must file aMotionto Withdraw. In this Motion, the attorney shall confirmthe following:

a. The date the Respondent was served with written notice ofthe attorney's intentto withdraw; b. The name ofthedesignated agent/lay representative ifthe Respondent in the action is a business entity; c. The current business address, telephone number, and fax number ofthe Respondent and ofits designated agent;

Page 4 of5d. A statement that the Respondent has been notified in writing ofthe pending hearing dates in this litigation, as well as the pending pre-hearing discovery deadlines and telephone conferences; and e. A statementthat the Respondent has been provided a copy ofall Orders issued in this litigation, as well as any other legal documents to which the Respondent is entitled. H. Court Filing ofExhibits with the Hearing Docket: All Exhibitsthatthe partieshave moved for admission during the Hearing will be attached to the courttranscript and filed bythe court reporter. I. Requests for Modification ofthis Order: Any requests for modification cifthe litigation dates and procedures set forth in this Order should be madeby writtenMotion. The parties may also file an agreed written request. J. Clarification or Questions: For clarifications ofthis 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 ofHearings (202-366-6941).

Attachment: Service List

Page 5 of 5SERVICE LIST- BY 

### U.S. MAIL ORIGINAL & ONE COPY 

### Federal Aviation Administration 800 Independence Avenue, S.W. Washington, DC 20591 Attention: Hearing Docket Clerk, AGC-430 WilburWright Building-Suite2Wl000 1



### Mr. Zachary M. Berman 

### Complainant's Counsel ONE COPY



### Office ofRegional Counsel, Eastern Region Federal Aviation Administration 1Aviation Plaza Jamaica, NY 11434 TEL: 718-553-3258 FAX: 718-995-5699 Mr. Edward J. Longosz II 

### Respondent's Counsel Eckert Seamans Cherin & 

### Mellott, LLC 1717 PennsylvaniaAvenue, N.W.; Suite 1200 Washington, DC 20006 TEL: 202-659-6619 FAX: 202-659-6699 Judge J.E. Sullivan 

### US. AdministrativeLawJudge Office ofHearings, M-20 U.S. Department ofTransportation 1200 New Jersey Avenue, S.E. (E11-310) Washington, DC 20590 TEL: 202-366-6941 FAX: 202-366-7536 Docket No. FAA-2014-0812 

### (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.