InThe Matter Of: 

## SERVED: JUNE 21,2013 U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS WASHINGTON, DC

DocketNo. OST-2013-0065 LOCAIR, INC., BRIAN L. HALL, ) ) ) ) ) ) RORY C. CREWS, and PEDRO E. BAEZ (Enforcement Proceeding) Respondents



### ORDER SETTING RULE 22 PREHEARING CONFERENCE, AND DIRECTING LITIGATION PLANNING MEETING AND SUBMISSION OF PROPOSED LITIGATION PLAN 1) Rule 22 Prehearing Conference: Pursuant to 14 C.F.R. § 302.22, the parties shall appearby telephone on

### Wednesday, August 7, 

### 2013, at 1:30 p.m. Eastern time for a Rule 22 Prehearing Conference. During the Prehearing Conference the parties will discuss the issues in dispute, their proposedjoint litigation plan (see paragraph 2 infra), and respond to any questions regarding disagreements not resolved inthe proposed plan. Prior to the Rule 22 Prehearing Conference, the Office ofHearings will contact eachparty to provide a conference call-in number and passcode. 2) Parties' Litigation Planning Meeting and Submission ofProposed LitigationPlan: Pursuantto 14 C.F.R. §§ 302.22 and 302.17,prior to convening withthe Judge for the Rule 22 Prehearing Conference, the pmiies shall privately conduct a litigationplanning meeting and prepare a proposedjointlitigation plan, which must be 

### completed and filed with the undersigned Judge 

### on or before Wednesday, July 31, 2013 (i.e. seven (7) calendar days before the Conference).ORDER SETTING A RULE 22 PREHEARING CONFERENCE Page 2 of3 The attorneys ofrecord and all unrepresented parties arejointlyresponsible for arranging the litigation planning meeting and attempting in good faith to agree onthe proposedjoint litigationplan. The parties' litigation planning meeting should include discussion ofmatters identified in 14 C.P.R.§ 302.22(a)(l)-(8), as well as any other matters that would aid inthe conduct and disposition ofthe proceeding. For exan1ple, there should be a good faith discussion aboutthe issues, the nature and basis ofeach party's claims, whether pleadings need to be amended, the possibility ofresolving all orpart ofthe case, the scope and type ofdiscovery (e.g., production of documents, requests for admission, stipulations regarding evidence or documentary exhibits (including rebuttal exhibits), electronic exchange ofmaterials, etc.), the schedule for exchanging discovery, as well as the date and place ofvenue for hearing. The parties should also discuss the estimated length ofthe hearing and the preferred hearing procedures. The deadlines in the parties' proposed litigationplan should be mutually agreeable, with

a viewto achieving case resolution with a minimum ofexpense and delay. Any unresolved litigation disputes should be clearly identified in the proposedplan, so that these disputes maybe addressed bythe Judge during the Rule 22 Litigation Conference. 3) Filing with the Judge: In additionto filing the proposedjoint litigation plan withthe U.S. Depmiment of Transportation Dockets under 14 C.F.R. § 302.3, the parties shall file a copy ofthejoint litigation plan, and all future documents filed in this proceeding, with the undersigned Judge at the Office ofHearings by fax (202-366-7536), express mail, or personal delivery. The certificate ofservice should reflect the manner ofservice.ORDER SETTING A RULE 22 PREHEARING CONFERENCE Page 3 of 3 4) Conflicts withthe Rule 22 Prehearing Conference Date: Ifa pmiyhas an unavoidable conflict with the date/time ofthe Rule 22 Prehearing Conference set in (paragraph 1 supra), and wishes to modify the date/time, the requesting party shall confer withthe opposing party to determine at leastthree (3) mutually agreeable, alternative dates/times. The requesting party shall then contact the Office ofHearings at 202-366-6941 with the agreed, proposed dates/times for the Judge's consideration.

Attachment: Service ListDocket No. OST-2013-0065 (Enforcement Proceeding) 

### SERVICE LIST- BY U.S. MAIL ORIGINAL & 

### ONE COPY U.S. Depmiment ofTransportation Dockets Operations, M-30 West Building, Ground Floor Room W12-10 1200 NewJersey Avenue, S.E. Washington, DC 20590 

### ONE COPY Clereece Kroha, 

### Complainant's Counsel Senior TrialAttorney, Office ofAviation

Enforcement and Proceedings, C-70 U.S. Department ofTranspmiation 1200 New Jersey Avenue, S.E. (W96-472) Washington, DC 20590 TEL: 202-366-9041 Samuel Podberesky, Esq. 

### Assistant General Counselfor

Aviation andEnforcement Proceedings U.S. Department ofTransportation 1200 NewJersey Avenue, S.E. Washington, DC 20590

Judge J. E. Sullivan 

### US. Administrative Lmv

### Judge U.S. Department ofTranspmiation Office ofHearings, M-20 1200NewJersey Avenue, S.E. (E11-310) Washington, DC 20590 TEL: 202-366-2132 FAX: 202-366-7536 Locair, Inc., 

### Respondent c/o Roger E. Baez 27700 SW 164 Ave. Homestead, FL 33031 Brian L. Hall, 

### Respondent ChiefExecutive Officer, Locair, Inc. c/o Roger E. Baez 27700 SW 164 Ave. Homestead, FL 33031 Rory C. Crews, 

### Respondent President, Locair, Inc. c/o Roger E. Baez 27700 SW 164 Ave. Homestead, FL 33031 Pedro E. Baez, 

### Respondent & 

### Agent for Service Vice President, Locair, Inc. 27700 SW 164 Ave. Homestead, FL 33031 TEL: 305-283-5468