InThe Matter Of: 

## SERVED: May 29, 2014
U.S. DEPARTMENT OFTRANSPORTATION OFFICE OF HEARINGS WASHINGTON, DC 

## -·**,,,,~,** 

## 'E"'T

# c-

,-· . 'iII'" I'I .-



## . _.**~~~~oRTATICI**


### .-<·- 

### t ('**Jc~**

# .-,o·'"'

....**~** ..J,·_ 

### vt C11Al, •\)**~**..,, 

### "'Y 

## 30

... ·:s "" 

## A q: 

## 51

DocketNo. FAA-2013-0848 ENDLESS MOUNTAINS AIR, INC., ) ) ) ) ) Case No. 2012EA50008 Respondent

ORDER SETTING LITIGATION DATES AND PROCEDURES OnMarch 11, 2014 the parties filed a Joint Proposed Procedural Schedule. OnMay 12,2014 an Order Continuing Second Litigation Conference was filed. OnMay.15, 2014 an Order Denying the FAA's Motion for Decision was filed. On May 28,2014 the parties appeared bytelephone for a Second Rule 16 Litigation Scheduling Conference, and discussed their calendar availability, hearing dates, and other litigation procedural matters. Pursuantto 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 orbeforeJune 

### 11,2014: GeneralDiscovery Initiated. Pursuantto 14 C.F.R. §13.220(a), the parties may immediately begin conducting general discovery. However, in order to ensure full use ofthe discovery time allotted inthis case (14 C.F.R. §13.220 (b), (c), (d) and (e)), the parties shall begin exchanging or serving general discovery requests onorbefore June 11,2014. General discovery includes, but is not limited to: taking depositions; serving and answering requests for production ofdocuments; interrogatories; requests for**admiss~on;** etc.

Page 1 ofS3. Service ofInterrogatories. Pursuant to 14 CF.R. §13.220(k)(1), a party shall not serve more thanthirty (30) interrogatories upon each other. Each subpart ofan interrogatory shall be counted as a separate interrogatory.

a. Objection(s) to Interrogatories. Pursuant to 14 C.F.R. § 13.220(k), any objection inresponse to an interrogatory must include the reason(s) supporting the objection. 4. Motions to Limit Discovery upon Receipt ofDiscovery 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 Reliefwithin ten (10) days after service ofthe 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, priorto seeking court relief. b. Copy ofDisputed Discovery: Pursuant**t~** 14 C.F.R. §13.220(b), only a copy of the disputed discovery, in support ofthe motion, should be attached to the Motion orthe Response.

c. Response to Motionto Limit Discovery. Any Response to the Motion should be filed no later than ten (10) days after service ofthe Motion. 5. Motions to Compel Discovery: A party seeking to compel discovery must file a Motion to Compel withinten (10) days after receipt ofservice ofa 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 inthe same manner as directed above for Motions to Limit Discovery (paragraph 4 and 4 (a)-(c)). 6. Duty to Supplement orAmend Discovery: Pursuantto 14 C.F.R. 

### § 13.220(i), a party who has responded to a discovery request inthis 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 orEmployee ExpertWitness Disclosures. Ifa party retains or hires a witness to provide expert testimony, or a party intends to utilize the testimony ofan employee whose duties regularly involve giving experttestimony

- then the party intending to offer suchwitness 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 ofthe witness, the witness's resume or qualifications, and the witness's writtenreport or statement ofopinion (including disclosure ofthe basis ofthat opinion).

Page 2 ofSa. Any and all other expert witnesses who either party intends to call at the hearing shall be disclosed in the initial discovery exchange, and inresponseto general discovery requests. ·
8. October 1, 2014: Deadline for Completing General Discovery. On orbefore 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 ofdepositions, pursuant to 14 C.F

### .R. 

### §13.2200). 9. Telephone Conference: October29,2014 (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. Ifthe 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 ofWitnesses/Exchange ofExhibits. On orbefore January 28, 2015, the parties will serve and file the following: · a)· A list ofthe witnesses the party intends tocall; b) A short statement ofthe testimony expected from each such witness; c) The resume ofeach 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) Anindex cover sheet with a briefdescription ofeach document. 11. January 28, 2015: Written Stipulations and/orAgreed Motions 

### in Limine. On or before January 28, 2015, the parties shall file any written stipulations thatnarrow the factual or legal issues, and/or that are agreed Motions in Limine. 12. March 10, 2015- March 11, 2015: Hearing Dates. Based onthe 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 ofthe Hearing will be provided to the parties prior to the Hearing. B. Discovery Requests and Exchanges: Discovery requests and exchanges need not be filed withthe Office ofHearings, except as part ofa motionregarding limited discovery, disputed discovery, or as part ofa motion to compel discovery. C. Failureto Move for Timely Relief/Late Service ofDiscovery: 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 ofdiscovery requests may also be grounds for denial ofa motion to compel compliance with suchrequests. Page 3 ofs

### D. Scheduling Motion orPre-Hearing Conferences on the Judge's Calendar: Prior to the Hearing date(s), ifaparty wishes to schedule oral argument on any motion, or setup any type ofpre-hearing telephone conference onthe Judge's calendar, the party shall first confer withopposing counsel about mutually agreeable alternate dates. The movant shall next contact Mr. Cody L. Smith, Attorney-Advisor, atthe Office ofHearings (202-366-6941) as soon as possible, with at leastthree (3) mutually-agreed, proposed alternate dates/times for the Judge's consideration. · 

### E. Requests for Modification ofthis Order: Any requests for modification ofthe litigation dates and procedures set forth inthis 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. Inthis Motion, the attorney shall confirm the following:

a. The date the Respondent was served with written notice ofthe attorney's intentto withdraw; b. The name ofthe designated agent/lay representative ifthe Respondent inthe action is a business entity; c. The current business address, telephone number, and fax number ofthe Respondent and ofits designated agent; · d. A statement that the Respondent has been notified in writing ofthe pendinghearing dates inthis litigation, as well as the pending pre-hearing discovery deadlines and telephone conferences; and e. A statementthat the Respondent has been provided a copy ofall Orders issued inthis litigation, as well as any other legal documents to which the Respondent is entitled. 

### G. Exhibits Broughtto the Hearing: Eachparty must bringto the Hearing three copies ofany 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 shouldbe marked "C-1," "C-2," "C-3," etc. Respondent's exhibits shouldbe marked "R-1," R-2," "R3," etc. IfExhibits are voluminous, they should be tabbed and placed in a 3-ringbinder. 

### H. Examination Process at the Hearing: Atthe Hearing, there will be the opportunity for direct examination, cross-examination, andredirect examination ofeach witness. Only one representative ofa party may direct or cross-examine a witness on behalfofthat 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 ofall 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. Page 4 ofS

### J. CourtFiling ofExhibits with the HearingDocket: All Exhibits moved for admission during the Hearing will be attached to the Hearing transcript and filed with the Hearing Docket by the courtreporter. Any Exhibits notmoved

.for admission at the Hearing will be returned to the parties ordestroyed.

.



### K. Clarification or Questions: For clarifications ofthis order orquestions with regard to the procedures to be followed inthis case, please contact Mr. Cody L. Smith, Attorney-Advisor, at the Office ofHearings (202-366-6941).

Attachment: Service List

Page 5 ofSSERVICE 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 2W10001

Mr. Zachary M. Berman 

### Complainant's Counsel ONE COPY

Office ofRegional Counsel, Eastern Region Federal Aviation Administration 1Aviation 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. AdministrativeLawJudge Office ofHearings, M-20 U.S. Department ofTransportation 1200NewJersey Avenue, S.E. (Ell-310) Washington, DC 20590 TEL: 202-366-6941

. FAJ(: 202-366-7536 FDMS No. FAA-2013-0848 (Civil Penalty Action)

1 Service was byU.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.