## SERVED: OCTOBER 1, 2015
U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS WASHINGTON, DC

InThe Matter Of: ) ) ) ) ) DocketNo. FAA-2015-2443 NAYELLI FIGUEROA Case No. 2014S0190129 Respondent



### ORDERSETTING A RULE 16 

### LITIGATION SCHEDULING CONFERENCE, AND DIRECTING THE PARTIES TO

CONFERAND FILE A RULE 26(t) 

### PROPOSED DISCOVERYPLAN 1) Rule 16 Litigation Scheduling Conference:
Pursuant to 14 C.F.R. 

### § 13.205 and Civ. R. 16, the parties shall appear bytelephone on Thursday,January 21,2016, at 10:00 a.m. Eastern time for a Rule 16 Litigation Scheduling Conference. During this Conference the parties will discuss the issues inthe dispute, their jointly submitted proposed scheduling/discovery plan (see paragraph 2 infra) and respond to any questions regarding disagreements not resolved inthe proposed plan. During the Conference a final scheduling/discovery plan will be ruled upon, as well as any otherrelated matters pursuant to Rule 16(c). The parties shall access the Conference by dialing 202-493-2343.
2) Parties' Rule 26(f) Planning Meeting and Submission ofProposed Discovery Plan:
Pursuantto 14 C.F.R. § 13.205(a)(6) and Civ. R. 26(f),priorto convening withthe Judge for the Rule 16 Litigation Scheduling Conference, the parties shall privately conduct a Rule 26(f) planning meeting and prepare ajointlywritten proposed scheduling/discovery plan, which must be completed and filed withthe undersigned Judge on or before Thursday,January 14, 2016 (i.e. at least seven (7) calendar days before the Conference). The attorneys ofrecord and all unrepresented parties arejointlyresponsible for arranging the Rule 26(t) conference, and for attempting in good faith to agree onthe proposed discovery plan.The parties' Rule 26(f) planning meeting shall include a good faith discussion about the nature and basis ofeach party's claims, the possibility ofresolving all orpart ofthe case, the scope and type ofdiscovery (including electronic discovery) and the place ofvenue for hearing. During this meeting, the parties shall discuss matters identified in 14 C.P.R.§ 13.217 and Rule 26(f)(2) and (3) as part ofdeveloping their proposed scheduling/discovery plan. The parties' planning meeting should also include discussion about the sequence and timing offollow-up discovery, including whether that discovery should be conducted inphases to prepare for any filing ofparticular motions (e.g., limiting scope oftrial, dispositive motions, etc.). The proposed discovery deadlines inthe parties' proposed scheduling/discovery plan should be mutually agreeable, with a viewto achieving case resolution with a minimum of expense and delay. Any unresolved scheduling/discovery disputes should be clearly identified in the proposed plan, so thatthese disputes may be addressed by the Judge during the Rule 16 Litigation Scheduling Conference.
3) Filing and Serving Documents: Pursuantto 14 C.P.R.§ 13.211(a), a copy ofany document a party files with the Federal Aviation Administration Hearing Docket ("Hearing Docket") must also be separately filed with the undersigned, and served upon the opposing party.
4) Compliance with Court-Ordered Deadline Dates: Whenever the Judge orders the parties to file documents by a specific deadline date (see, e.g., paragraph 2 above) such deadline date is the date bywhich the documents must be datestamped received at the Office ofHearings. To ensure compliance withthis and any future Orders setting deadlines, the parties are encouraged to fax or personally deliver a copy oftheir documents to the Office ofHearings (Fax: 202-366-7536), on orbefore the deadline date. Failure ofa party to timely file documents by the court-ordered deadline could lead to the party's position notbeing considered.

Page 2 of35) Conflicts with the Ru1e 16 Litigation Scheduling Conference Date: Ifa partyhas anunavoidable conflict withthe Scheduled Rule 16 Litigation Scheduling Conference set inparagraph 1supra, and wishes to modify the date/time ofthe scheduled Conference, the party shall first conferwith opposing counsel about mutually agreeable alternate dates, andthen contact

### Mr. Cody L. Smith, Attorney-Advisor atthe Office of Hearings (202-366-6941) as soon as possible after the receipt ofthis Order, with at least three (3) mutually-agreed, proposed alternate dates/times for the Judge's consideration.

Judg U.S. Administrative Law Judge

Attachment: Service List

Page 3 of3

### SERVICE 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-Suite2W1000 1

Mr. Ryan M. Landers Complainant's Counsel Office ofthe Regional Counsel, ASO-7 Southern Region 1701 ColumbiaAvenue College Park, GA 30337 TEL: 404-305-5200 FAX: 404-305-5223 Mr. Scott B. Bennett Respondent's Counsel The Bennett Law Center 3377 SW 3rd Avenue Miami, FL 33145 TEL: 305-648-2255 FAX: 305-648-2256 ·Judge J.E. Sullivan U.S. Administrative LawJudge Office ofHearings, M-20 U.S. Department ofTransportation 1200NewJersey Avenue, S.E. (Ell-310) Washington, DC 20590 TEL: 202-366-6941 FAX: 202-366-7536 

### ONE COPY DocketNo. FAA-2015-2443 (Civil Penalty Action)

1 Service was byU.S. Mail. For service in person orby expedited courier, use the following address: Federal Aviation Administration, 600 Independence Avenue, S.W., Wilbur Wright Building-Suite2W1000, Washington, DC 20591; Attention: Hearing Docket Clerk, AGC-430.