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In The Matter Of: 

SERVED APRIL 23, 2012 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, DC 

Docket No. FAA-2012-0020 

BRENDAN AIRWAYS, LLC, 

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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: 

Pursuant to 14 C.F.R. §13.205(a)(l) and (7) and Civ. R. 16, the parties shall appear by telephone on Wednesday, June 27,2012 at ll:OOam Eastern time for a Rule 16 Litigation Scheduling Conference. During this Conference the parties will discuss the issues in the dispute, their 

jointly submitted proposed scheduling/discovery plan (see. paragraph 2 infra) and respond to any 

questions regarding disagreements not resolved in the proposed plan. During the Conference a 

final scheduling/discovery plan will be ruled upon, as well as any other related matters pursuant 

to Rule 16( c). The Office of Hearings will initiate the Conference by telephone call, contacting 

each party at the party's telephone number of record. Aparty may provide an alternate number 

by notifying the Office of Hearings at least 24 hours prior to the Conference. 

2) Rule 26(f) Attorneys' Planning Meeting, and Submission of Proposed Discovery Plan: 

Pursuant to 14 C.F.R. §13.217 and Civ. R. 26(t),prior to convening with the 'Judge for the 

Rule 16 Litigation Scheduling Conference, the parties shall privately conduct a Rule 26(t) planning meeting and prepare a jointly written proposed scheduling/discovery plan, which must be 

completed and filed with the undersigned Judge on or before Wednesday, June 20,2012 (i.e., 

seven (7) calendar days before the Conference). In addition to filing the proposed scheduling/discovery plan by regular mail filing with the U.S. Department of Transportation's Docket 

Office, the parties shall file a working copy of the scheduling/discovery plan with the underPage 1 of2 
signed 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 Aviation Administration 

800 Independence Avenue, S.W. 

Washington, DC 20591 

Attention: Hearing Docket Clerk, AGC-430, 

Wilbur Wright Building-Suite 2W1 0001 

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 of the Regional Counsel, ASO-7 

Eastern Region 

Federal Aviation Administration 

1 Aviation Plaza 

Jamaica, NY 11434 

TEL: 718-553-3258 

FAX: 718-995-5699 

The Honorable J.E. Sullivan, Administrative Law Judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

1200 New Jersey Avenue, S.E~ 

Washington, DC 20590 

TEL: 202-366-2132 

FAX: 202-366-7536 

FDMS NO. F AA-2012-0020 

(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 2Wl 000, Washington, 

DC 20591; Attention: Hearing Docket Clerk, AGC-430.