In The Matter Of: 

SERVED: May 29, 2014 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, DC 

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Docket No. FAA-2013-0848 

ENDLESS MOUNTAINS AIR, INC., 

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Case No. 2012EA50008 

Respondent 

ORDER SETTING LITIGATION DATES AND PROCEDURES 

On March 11, 2014 the parties filed a Joint Proposed Procedural Schedule. 

On May 12,2014 an Order Continuing Second Litigation Conference was filed. 

On May. 15, 2014 an Order Denying the FAA's Motion for Decision was filed. 

On May 28,2014 the parties appeared by telephone for a Second Rule 16 Litigation 

Scheduling Conference, and discussed their calendar availability, hearing dates, and other 

litigation procedural matters. 

Pursuant to 14 C.F.R. §13.205(a)(1), (6) and (7), Civ. R. 16, 14 C.F.R. §13.217, and 14 

C.F.R. §13.220, and after reviewing 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. June 11, 2014: Deadline for Initial Disclosures. To ensure that the parties have 

sufficient time to address all issues in dispute, on or before June 11, 2014 the parties shall 

serve each other with initial disclosures (as described in Civ. R. 26(a)(1)(A)(i), (ii), and 

(iii)) without waiting for a specific discovery request. 

2. On or before June 11,2014: General Discovery Initiated. Pursuant to 14 C.F.R. 

§13.220(a), the parties may immediately begin conducting general discovery. However, 

in order to ensure full use of the discovery time allotted in this case (14 C.F.R. § 13.220 

(b), (c), (d) and (e)), the parties shall begin exchanging or serving general discovery 

requests on or before June 11,2014. General discovery includes, but is not limited to: 

taking depositions; serving and answering requests for production of documents; 

interrogatories; requests for admiss~on; etc. 

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3. Service of Interrogatories. Pursuant to 14 CF.R. §13.220(k)(1), a party shall not serve 

more than thirty (30) interrogatories upon each other. Each subpart of an interrogatory 

shall be counted as a separate interrogatory. 

a. Objection(s) to Interrogatories. Pursuant to 14 C.F.R. § 13.220(k), any objection 

in response to an interrogatory must include the reason(s) supporting the 

objection. 

4. Motions to Limit Discovery upon Receipt of Discovery Request: A party served with a 

discovery request who seeks to limit discovery pursuant to 14 C.F.R. § 13.220(f), (g), and 

(h), shall file a Motion for Relief within ten (10) days after service of the disputed 

discovery request. 

a. Good Faith Declaration Included: The Motion should include a declaration by the 

moving party, confirming that the movant has already conferred or attempted to 

confer in good faith with the opposing party regarding the disputed discovery or 

disclosure, to try and resolve the matter informally, prior to seeking court relief. 

b. Copy of Disputed Discovery: Pursuant t~ 14 C.F.R. §13.220(b), only a copy of 

the disputed discovery, in support of the motion, should be attached to the Motion 

or the Response. 

c. Response to Motion to Limit Discovery. Any Response to the Motion should be 

filed no later than ten (10) days after service of the Motion. 

5. Motions to Compel Discovery: A party seeking to compel discovery must file a Motion 

to Compel within ten (10) days after receipt of service of a 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 in the same manner as directed above for Motions to Limit Discovery 

(paragraph 4 and 4 (a)-( c)). 

6. 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 or amend 

the response throughout the litigation period, as soon as the information is known. 

7. August 20, 2014: Retained/Hired or Employee Expert Witness Disclosures. If a party 

retains or hires a witness to provide expert testimony, or a party intends to utilize the 

testimony of an employee whose duties regularly involve giving expert testimony - then 

the party intending to offer such witness shall disclose this retained or employee expert 

witness to the opposing side on or before August 20,2014. This expert witness disclosure 

shall include the name of the witness, the witness's resume or qualifications, and the 

witness's written report or statement of opinion (including disclosure of the basis of that 

opinion). 

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a. Any and all other expert witnesses who either party intends to call at the hearing 

shall be disclosed in the initial discovery exchange, and in response to general 

discovery requests. · 

8. October 1, 2014: Deadline for Completing General Discovery. On or before October 

1, 2014, the parties shall finish responding and serving answers to all general discovery 

requests pursuant to 14 C.F .R. § 13.220. This includes the taking of depositions, pursuant 

to 14 C.F .R. § 13 .2200). 

9. Telephone Conference: October 29,2014 (10:00 a.m.-11:00 a.m. ET). On October 29, 

2014 (10:00 a.m.-11 :00 a.m.), the parties shall convene by telephone for oral argument on 

any filed dispositive motions. N.B. If the parties do not file dispositive motions, then this 

Telephone Conference will be automatically converted and held as a Pre-Hearing Status 

Conference. 

10. January 28, 2015: List of Witnesses/Exchange of Exhibits. On or before January 28, 

2015, the parties will 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 resume of each 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 brief description of each document. 

11. January 28, 2015: Written Stipulations and/or Agreed Motions in Limine. On or 

before January 28, 2015, the parties shall file any written stipulations that narrow the 

factual or legal issues, and/or that are agreed Motions in Limine. 

12. March 10, 2015- March 11, 2015: Hearing Dates. 

Based on the parties' agreement, the Hearing will take two (2) days or less. The Hearing 

will begin on Tuesday, March 10,2015 (9:00a.m-5:00p.m. ET) in Allentown, 

Pennsylvania. The Hearing will end on Wednesday, March 11,2015 (9:00 a.m.-5:00 

p.m. ET). The specific location of the Hearing will be provided to the parties prior to the 

Hearing. 

B. Discovery Requests and Exchanges: 

Discovery requests and exchanges need not be filed with the Office of Hearings, except 

as part of a motion regarding limited discovery, disputed discovery, or as part of a motion to 

compel discovery. 

C. Failure to Move for Timely Relief/Late Service of Discovery: 

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 that the· 

party has, through its actions, waived its right to relief. Late service of discovery requests 

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

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D. Scheduling Motion or Pre-Hearing Conferences on the Judge's Calendar: 

Prior to the Hearing date(s), if a party wishes to schedule oral argument on any motion, or 

set up any type of pre-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 contact Mr. Cody L. Smith, Attorney-Advisor, at the Office of Hearings (202-366-6941) 

as soon as possible, with at least three (3) mutually-agreed, proposed alternate dates/times for 

the Judge's consideration. · 

E. Requests for Modification of this Order: 

Any requests for modification of the litigation dates and procedures set forth in this Order 

should be made by written Motion. The parties may also file an agreed written request. 

F. Attorney Withdrawal: Pursuant to 14 C.F.R. §13.218, an attorney who wishes to 

withdraw from representing a party must file a Motion to Withdraw. In this Motion, the 

attorney shall confirm the following: 

a. The date the Respondent was served with written notice of the attorney's intent to 

withdraw; 

b. The name of the designated agent/lay representative if the Respondent in the action is 

a business entity; 

c. The current business address, telephone number, and fax number of the Respondent 

and of its designated agent; · 

d. A statement that the Respondent has been notified in writing of the pending hearing 

dates in this litigation, as well as the pending pre-hearing discovery deadlines and 

telephone conferences; and 

e. A statement that the Respondent has been provided a copy of all Orders issued in this 

litigation, as well as any other legal documents to which the Respondent is entitled. 

G. Exhibits Brought to the Hearing: 

Each party must bring to the Hearing three copies of any documents it intends to offer in 

evidence as exhibits (one for the Judge and two for the court reporter). 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 shouldbe marked "R-1," R-2," "R3," etc. If Exhibits are voluminous, they should be tabbed and placed in a 3-ring binder. 

H. Examination Process at the Hearing: 

At the Hearing, there will be the opportunity for direct examination, cross-examination, 

and redirect examination of each witness. Only one representative of a party may direct or 

cross-examine a witness on behalf of that party. 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 determining the 

admission of all evidence. 

I. Admissions: 

During the May 28, 2014 Litigation Scheduling Conference, the Respondent admitted to 

Paragraphs 1, 2, and 3 in Section II ofthe FAA's Complaint. The Respondent did not admit 

to Paragraph 4. 

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J. Court Filing of Exhibits with the Hearing Docket: 

All Exhibits moved for admission during the Hearing will be attached to the Hearing 

transcript and filed with the Hearing Docket by the court reporter. Any Exhibits not moved 

. for admission at the Hearing will be returned to the parties or destroyed. . 

K. Clarification or Questions: 

For clarifications of this 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 of Hearings 

(202-366-6941 ). 

Attachment: Service List 

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SERVICE LIST- BY U.S. MAIL 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Washington, DC 20591 

ORIGINAL & ONE COPY 

Attention: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building-· Suite 2W1 0001 

Mr. Zachary M. Berman 

Complainant's Counsel 

ONE COPY 

Office of Regional Counsel, Eastern Region 

Federal Aviation Administration 

1 Aviation Plaza 

Jamaica, NY 11434 

TEL: 718-553-3258 

FAJ(: 718-995-5699 

Mr. William J. Dobitsch, Jr. 

Endless Mountains Air, Inc. 

Respondent 

Seamans Airport 

727 Windsock Lane 

Factoryville, PA 18419 

FAJ(: 570-945-5953 

Judge J .E. Sullivan 

US. Administrative Law Judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

1200New Jersey Avenue, S.E. (Ell-310) 

Washington, DC 20590 

TEL: 202-366-6941 . 

F AJ(: 202-366-7536 

FDMS No. FAA-2013-0848 

(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.