In The Matter Of: 

SERVED: JANUARY 22, 2013 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, DC 

Docket No. FAA-2012-0477 

LIBERTY 

FOUNDATION, INC. 

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Case No. 2011 GL-03-0070 

Respondent 

ORDER GRANTING CONTINUANCE OF MAY 2013 HEARING TO 

NOVEMBER 2013 AND SETTING NEW PROCEDURAL DEADLINES 

On December 11,2012 an Order Granting Respondent's Motion For Extension 

and Granting/Denying Other Relief was filed. 

On January 15,2013 and January 16,2013, the Respondent, Liberty Foundation, . 

Inc., contacted the Office of Hearings by telephone and requested an expedited 

Telephone Conference, on behalf of both parties, to address concerns about the discovery 

deadlines. 

On January 22, 2013, the parties appeared by telephone for an expedited 

Telephone Conference, and discussed their discovery concerns, the scheduled May 2013 

hearing dates, and other litigation procedural matters. Both parties agreed that a 

continuance of the May 2013 Hearing would be beneficial to their litigation preparation. 

Pursuant to 14 C.F.R. §13.205(a)(1), (6) and (7), Civ. R. 16, 14C.F.R. §13.217, 

14 C.F.R. §13.218, and 14 C.F.R. §13.220, and after reviewing all relevant caselaw, 

decisions, regulation, statutory authority, and being fully advised; 

IT IS HEREBY ORDERED: 

1. May 2013 Hearing Cancelled: The parties' agreement to continue the May 2013 

Hearing to November 2013 is hereby confirmed and granted. The hearing dates 

currently set on Tuesday, May 14,2013 (9:00am-5:00pm) through Thursday, 

May 16, 2013 (9:00am-5:00 pm) are hereby cancelled. 

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2. Other Procedural Deadlines Set on September 24, 2013 Cancelled: The other 

pending pre-hearing procedural deadlines contained in the September 24, 2013 

Order Setting Litigation Dates and Procedures are cancelled. 

3. March 27,2013 Telephone Motion Conference Cancelled: Based on the new 

litigation schedule agreed to by the parties, the Telephone Motion Conference set 

for March 27,2013 (11:00am-12:00pm) is cancelled. 

4. November 2013 Hearing Scheduled: The Hearing will take 3 days or less. The 

newly rescheduled Hearing will begin on Tuesday, November 5, 2013 (9:00am5:00pm) and end on Thursday, November 7, 2013 (9:00am-5:00pm) in the 

area of Atlanta, Georgia. The specific location of the Hearing will be provided to 

the parties prior to the Hearing. 

5. February 28, 2013: New General Discovery Exchange.Deadline. The last date 

for both parties to finish exchanging and responding to any/all additional general 

discovery requests pursuant to CR 26 - CR 36 and 14 C.F .R. § 13 .220(b) and (e). 

This includes, but is not limited to: propounding interrogatories; requests for 

production of documents; and the disclosure of expert witnesses' names, reports, 

and proposed testimony pursuant to CR 26(a)(2), etc. 

6. April30, 2013: New Deadline for Taking Depositions. The last date for both 

parties to finish responding to any/all discovery requests, and to finish taking 

expert depositions. 

7. June 28,2013: New Supplemental Discovery Deadline. Deadline for both 

parties to finish taking supplemental depositions, and responding to and serving 

answers to all supplemental discovery requests pursuant to CR 26- CR 36 and 14 

C.F.R. §13.220(i). 

8. August 14, 2013: New Deadlines for Filing Dispositive Motion(s). The last 

date for both parties to file any/all pre-hearing dispositive motions, including 

Default Motions and/or Summary Judgment Motions. 

a) August 29,2013: Deadline for filing Answer to Dispositive Motion(s); 

b) September 11, 2013: Deadline for filing Reply (if any). 

9. September 19, 2013: 2:00pm- 3:00pm EST. New Telephone Motion 

Conference for Oral Argument on Dispositive Motions. NB: If the parties do not 

file dispositive motions, then this Telephone Conference will be automatically 

converted and held as a Pre-Hearing Status Conference. 

10. October 8, 2013: New Deadline for Exchange of Witness Lists and Exhibits. 

The last date for each party to serve and file the following: 

a) A list of the witnesses the party intends to call; 

b) A short statement of the testimony expected from each such witness; 

c) The resume of each witness who will be offered as an expert; and 

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d) The documents the party intends to offer in evidence (pre-marked as noted in 

paragraph E, infra). 

11. October 22, 2013: The last date to file pre-hearing briefs (if any). 

12. Requests for modification of the litigation dates set forth in paragraph A may be 

made by written Motion. Before filing such a Motion, however, the party seeking 

the modification shall contact the opposing party and seek to arrive at mutually 

convenient alternative date(s). A report on the result of this discussion shall be 

included by the movant in the Motion. Discovery requests or documents 

complying with discovery requests need not be filed in this case with the Office of 

Hearings, except as part of a motion regarding disputed discovery, or as part of a 

motion to compel discovery. 

13. Any Motions regarding discovery, including a Motion to Compel Discovery, must 

be filed within ten (10) calendar days after service of a deficient response or after 

the response to the discovery is due, whichever occurs first. Motions to Compel 

and other discovery motions must be accompanied by the discovery requests and 

responses, and a declaration by the moving party, pursuant to Civ. R. 37(a)(1), 

that the movant has conferred or attempted to confer in good faith with the party 

alleged to have failed to make discovery or disclosure. 

The.Civ. R. 37(a)(l) declaration shall specifically indicate the efforts made by the 

movant to resolve the dispute and identify which discovery matters remain in 

dispute. Statements in opposition to discovery motions must be filed within ten 

(10) calendar days after service of the motion. The failure to timely file 

objections to discovery may result in the objections being deemed waived. 

Belated service of burdensome discovery requests may also be grounds for denial 

of a motion to compel compliance with such requests. · 

14. Each party must bring to the hearing at least three copies of any documents it 

intends to offer in evidence as exhibits (one for the Judge and two for the official 

reporter). The exhibits should be pre-marked. Complainant's exhibits should be 

marked "C-1," "C-2," "C-3," etc. Respondent's exhibits should be marked "R-1," 

R-2," "R-3," etc. 

15. At the Hearing, there will be the opportunity for direct examination, crossexamination, redirect examination and.re-cross-examination of each witness. 

Only one representative of a party may cross-examine a witness on behalf of that 

party. Pursuant to 14 C.P.R. §13.205 and 14 C.P.R. §13.222, the Federal Rules of 

Evidence will be utilized as a guideline in determining the admission of all 

evidence. 

16. Prior to the Hearing dates, if a party wishes to schedule oral argument on any · 

motion, or set up any type of telephone conference on the Judge's calendar, the 

party shall first confer with opposing counsel about mutually agreeable alternate 

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dates, and then contact Mr. Cody L. Smith, Attorney-Advisor at the Office of 

Hearings (202-366-6941) as soon as possible, with at least three (3) mutuallyagreed, proposed altemate.dates/times for the Judge's consideration. The movant 

shall be responsible for contacting the Office of Hearings. 

Attachment: Service List 

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SERVICE LIST- BY U.S. MAIL 

ORIGINAL & ONE COPY 

Federal Aviation Administration1 

800 Independence Avenue, S.W. 

Washington, DC 20591 

Attention: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building-Suite 2W1000 

Mr. Christopher Stevenson, Esq. 

Complainant's Counsel 

Office of the Regional Counsel 

P.O. Box 20636 

Atlanta, GA 30320 

TEL: 404-305-5200 

FAX: 404-305-5223 

Mr. Stuart A. Goldstein, Esq. 

Respondent's Counsel 

Stuart A. Goldstein, P.A. 

9350 South Dixie Highway, lOth Floor 

Miami, FL 33156 

TEL: 305-670-1222 

FAX: 305-670-7065 

Judge J .E. Sullivan 

U. S. Administrative Law Judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

ONE COPY 

1200 New Jersey Avenue, S.E. (Ell-310) 

Washington, DC 20590 

TEL: 202-366-2132 

FAX: 202-366-7536 

FDMS No. FAA-2012-0477 

(Civil Penalty Action) 

1 Service was by U.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.