## U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS WASHINGTON, DC In the Matter of: Facility Solutions, Inc. Respondent ) ) 

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## Docket No. FAA-2013-0047 Case No. 2012NE700128 Judge J.E. Sullivan

## ----------------------------------------------~' Roy J. Transit roytransit@comcast.net Attorney for Respondent: Facility Solutions, Inc. P.O. BOX 1578 Royal Oak, MI 48068-1578 586-491-6822 Fax: 248-564-0940 BrianK. Khan Federal AviationAdministration Office ofRegional Counsel 2300 East Devon Ave., AGL-7H Des Plains, Illinois 60018 847-294-7652 Fax: 847-294-7498

### ---------------------------~-----------------------/ PARTIES PROPOSED DISCOVERY PLAN Federal Aviation Administration (FAA) Facility Solutions, lnc., and through their respective counsel, state as follows their Proposed Discovery Plan: The FAAfiled this action against Facility Solutions for violation ofthe Hazardous Materials Regulation 49 CFRpart 171 et. seq. because their employee, Jeffery Dwyer attemptto checkbaggage containing a can ofMAPP gas in his luggage. Facility Solutions, lnc., maintains that they are notresponsible for the alleged violationmade by

# JeffeRECETVED

outside the course and scope ofhis employment. 

## MAY 2 82013 HEARING DOCKETthat they are not responsible for the alleged violation made by Jeffery Dwyer who was acting outside the course and scope ofhis employment. 

### 1. Rule 26 (a)(l) Disclosures: Theparties shall exchange the disclosures required by Rule 26(a)( 1) on or before 

### June 20,2013. 2. Rule 26 (a)(2) Disclosures: The parties shall exchange initial expert disclosures (if any) required by 

### .July 22, 2013. Rebuttal disclosures shall be served by 

### August 6, 2013. 3. Discovery Cut Off: All discovery shall be completed by 

### September 20, 2013. 4. Dispositive Motions: All dispositive motions shall be filed by and heard by 

### November 20, 2013. 5. Amendments to Pleadings: All amendments to pleadings must be sought by the discovery cut-offdate of

### September 20, 2013. 6. Final Settlement Conference: The parties, including counsel and those with authority to settle, shall meet

### January 13, 2014, at the FAA offices in the Chicago area for a final settlement conference.

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Roy J. T· 1sit Federal Aviation Administration Office ofRegional Counsel 2300 East Devon Ave., AGL-7H Des Plains. Illinois 60018 847-294-7652 Attorney f r Facility Solutions, Inc. P.O. Box 1578 Royal Oak, MI 48068 586-491-6822A copy ofthis: PARTIES PROPOSED DISCOVERY PLAN

was served upon, Federal AviationAdministration 600 Independence Ave., S.W. Washington, DC 20591 Attention: Hearing Docket Clerk, AGC-430 Wilbur WrightBuilding- Suite 2Wl000 Judge J. E. Sullivan U.S. Adnllnistrative Law Judge Office ofHearing, M-20 U.S. Department ofTransportation 1200NewJerseyAve, S.E. (Ell-310) Washington, DC 20590

Brian K. Khan Federal Aviation Administration Office ofRegional Counsel 2300 EastDevonAve., AGL-7H Des Plains, Illinois 60018 Roy J. Transit Attorney for Respondent: Facility Solutions, Inc. P.O. BOX 1578 Royal Oak, MI 48068-1578 OnMay 21, 2013, byUS Mail, postage prepaid, bythe undersigned.

Dated: May 21, 2013 BrianK. Khan