## SERVED: September24, 2013

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# DEP~~~~~Fo~~~ORTATION .

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In The Matter Of: AIRBORNE MAINTENANCE · AND ENGINEERING SERVICES Respondent WASHINGTON, DC ) ) ) ) ) ) DocketNo. FAA-2013-0291
Case No. 2011S0290032

ORDERGRANTING CONTINUANCE AND OTHERRELIEF On July 23, 2013, an Order Setting Rule 16 Litigation Scheduling Conference and Directing Rule 26(f) Planning and Submission was filed. On September 17, 2013 the FAA filed a Proposed Scheduling/Discovery Plan, inwhichit noted that the parties could not reach ajointagreement on scheduling. On September 1 7, 2013 the Respondent filed a Proposed Scheduling/DiscoveryPlan, in which it noted that the parties could notreach ajoint agreement on scheduling. On September 24, 2013, the parties appeared by telephone for a Rule 16 Litigation Scheduling Conference. During this Conference, the FAA was represented by substitute counsel Mr. Ryan Landers, who was not familiar with the case and did not have access to 

### Mr. Stephenson's litigation calendar. Mr. Landers explained Mr. Stephenson wouldreturn full-time as ofOctober 28, 2013. In addition, the Respondent's counsel, Mr. Silverberg, offered further explanation regarding his current litigation conflicts. The parties briefly discussed this case, as well as other litigationprocedural matters. Pursuantto 14 C.F.R. §13.205(a)(1), (6) and (7), Civ. R. 16, and 14 C.F.R. §13.217, 14 C.F.R. §13.220, andbeing fully advised;

IT IS HEREBY ORDERED: 1. The FAA's inferred request for a continuance ofthe Rule 16 Litigation Scheduling Conference is granted for good cause. 2. The Rule 16 Litigation Scheduling Conference is continued to November 7, 2013 (11:00am-12:00pm ET).

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3. The Respondent's request for a briefdelay in setting discovery and litigation is granted for good cause. The initiation ofdiscovery may begin in January 2014. 4. Between October28,2013 and November4, 2013, the parties shall conduct a supplemental Rule 26(f) planning conference, to try and reach agreement ondiscovery deadlines and litigationplanning. The scope ofthe Rule 26(f) discussion shall cover topics as identified and referenced in the July 23, 2013 Order
.

.5. On orbefore November4, 2013, the parties shall file a Supplemental Rule 26(f) Schedule/Discovery Plan, which shall contain any litigation datesjointlyagreed to, as well as identification ofany disputes that the parties were unable to resolve. 6. For clarifications ofthis order or questions withregard to the procedures to be followed inthis 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 ORIGINAL & 

### ONE COPY Federal Aviation Administration 800 Independence Avenue, S.W. Washington, DC 20591 Attention: Hearing Docket Clerk, AGC-430 Wilbur Wright Building-Suite2Wl000 1



### Mr. Christopher 

### R. Stevenson Complainant's Counsel Federal Aviation Administration 

### ONE COPY

Office ofthe Regional Counsel, Southern Region P. 

### 0. Box 20636 Atlanta, GA 30320 TEL: 404-305-5200 FAX: 404-305-5223 

### Mr. Robert P. Silverberg Respondent's Counsel Silverberg, Goldman & 

### Bikoff, LLP Georgetown Place, Suite 120 1101 30th St., 

### N.W. Washington, DC 20007 TEL: 202-944-3300 FAX: 202-944-3306 Judge J.E. Sullivan US. AdministrativeLawJudge Office ofHearings, M-20 U.S. Department ofTransportation 1200 NewJerseyAvenue, S.E. (E11-310) Washington, DC 20590 TEL: 202-366-2132 FAX: 202-366-7536 FDMS No. FAA-2013-0291 (Civil Penalty Action)

1 Service was by U.S. Mail. For service in person orby expedited courier, use the following address: Federal Aviation Administration, 600 Independence Avenue, S.W., Wilbur Wright Building-Suite 2W1000, Washington, DC 20591; Attention: Hearing Docket Clerk, AGC-430.