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SERVED SEPTEMBER 7, 2011 

U.S. DEPARTMENTOF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, DC 

OE[V\RT[viENT OF 

•KANSPORWiCN 

• 'OOKET OPERATIONS 

2\}\\ SEP - 3 A q: 3 ? 

In the Matter of 

CLOUD DANCER AVIATION 

AND FLYING CLUB, FNC. 

Respondent 

Dockel No. FAA-CPlOSOOOOl 

(FAA Civil Penalty Proceeding) 

DMSNo. FAA-2010-0192 

ORDER 

SETTING LITIGATION DATES AND PROCEDUI^S 

On Thursday, September K 2011 the parlies appeared by telephone for a 

Litigation Scheduling Conference, and discussed their calendar availability and other 

litigation procedural issues. 

A. The litigation dates and hearing dates are hereby set as follows: 

1. November 18, 2011: Discovery cut-off date. The last date for the parties to 

exchange any and all requested discovery, including the name(s) and 

address(es) of all expert witnesses. 

2. December 14, 2011: Summary Judgment Motion due date (if any). 

a) Januar}' 4, 2012: Answer due date; 

b) January 12, 2012: Reply due dale. 

3. January 13, 2012: Evidentiary Exchange due dale. 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 of the testimony expected from each such witness; 

c) The documents the party intends to offer in evidence (pre-marked as noted 

below); and 

d) The resume of each witness who will be offered as an expert. 

4. January 31, 2012-February 1, 2012: Hearing dates. The Hearing will begin 

on January 31, 2012 (9:00am-4:30 pm) in the Orlando, Florida 

metropolitan area. The location of the Hearing will be provided to the parties 

prior to the Hearing. The Hearing will finish on Februar>' I, 2012 (9:00ani4:30pm). 
1 B. Requests for modification of the litigation dales set forth in paragraph A 

2 may be made by written Motion. Before filing such a Motion, however, the party seeking 

3 the modification shall contact the opposing party and seek to arrive at mutually 

4 convenient alternative date(s). A report on the result of this discussion shall be included 

5 in the Motion. 

6 

7 C. Any Motion to Compel Discovery may be made if a request for discovery 

8 is not complied with within 15 days after it is received. The parties are strongly 

9 encouraged to file discovery requests as promptly as possible, so that any motions for 

10 relief may be timely addressed. Belated service of burdensome discovery requests may 

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

12 

13 D. Discovery requests or documents complying with discovery requests need 

14 not be filed in this case with the Office of Hearings, except as part of a Motion to Compel 

15 Discovery. 

16 

17 E. Each party must bring to the hearing at least three copies of any 

18 documents it intends to offer in evidence as exhibits (one for the Judge and two for the 

19 official reporter). The exhibits should be pre-inarked. Complainant's exhibits should be 

20 marked ^'C-l," "C-2," "CO," etc. Respondent's exhibits should be marked "R-1," R-2," 

21 "R-3/'t;tc. 

22 

23 F. At the hearing, there will be the opportunity for direct examination, cross24 examini^tion, redirect examination and re-cross-examination of each witness. Only one 

25 represeiilative of a party may cross-examine a witness on behalf of thai party. Pursuant to 

26 49 C.F.K. §386.56, the Federal Rules of Evidence-will be followed. 

27 

28 G. For clarifications of this order or questions with regard to the procedures 

29 to be followed in this proceeding, please contact the Office of Hearings and ask for 

30 Attorney Priya Krishna at (202) 366-6941 or Administrative Assistant C. Diane Mays at 

31 (202)366-2124. 

32 

33 

34 

"35 .. V. E. Sulliyan 

36 LhS^^Axifllinistrative Law Judge 

37 

38 

39 Attachment: Service List 

40 
FDMS No. FAA-2010-0192 

(Civil Penalty Proceeding) 

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 

Dennis R. Haber, Respondent 'v Counsel 

Dennis R. Haber, P.A. 

8925 S.W. 148 Street, Suite 200 

Miami, FL33176 

TEL: 305-256-3002 

FAX: 305-256-3004 

Andrea Michelle Harper, Complainant's Counsel 

Office of the Regional Counsel, ASO-7 

Southern Region 

Federal Aviation Administration 

P.O. Box 20636 

Atlanta, GA 30320 

TEL: 404-305-5200 

FAX: 404-305-5223 

The Honorable J. E. Sullivan, Administrative LawJudge 

U.S. Department of Transportation 

Office of Hearings, M-20, Room El 2-320 

1200 New Jersey Avenue, S.E. 

Washington, DC 20590 

TEL: 202-366-2132 

FAX: 202-366-7536 

' Service was by U.S. Mail. For service in person or by expedited courier, use the following address: 

Hearing Docket, Federal Aviation Administration, 600 Independence Avenue, S. W., Wilbur Wright Building - Suite 

2W1000, Washington, DC 20591, Attention: Hearing Docket Clerk, AGC-430.