In The Matter Of: 

### SERVED: JANUARY 22, 2013
U.S. DEPARTMENT OFTRANSPORTATION OFFICE OFHEARINGS WASHINGTON, DC

Docket No. FAA-2012-0477 LIBERTY FOUNDATION, INC. ) ) ) ) ) ) Case No. 2011 GL-03-0070 Respondent

ORDER GRANTING CONTINUANCE OFMAY2013 HEARING TO NOVEMBER2013 AND SETTING NEWPROCEDURAL DEADLINES

OnDecember 11,2012 an Order Granting Respondent's Motion For Extension and Granting/Denying Other Reliefwas filed. OnJanuary 15,2013 and January 16,2013, the Respondent, Liberty Foundation,

. Inc., contacted the Office ofHearings by telephone and requested an expedited Telephone Conference, on behalfofboth parties, to address concerns about the discovery deadlines. OnJanuary 22, 2013, the parties appeared bytelephone 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 ofthe 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;

ITIS HEREBY ORDERED:

1. May2013 Hearing Cancelled: The parties' agreementto continue the May 2013 Hearing to November 2013 is hereby confirmed and granted. The hearing dates currently set onTuesday, May 14,2013 (9:00am-5:00pm) through Thursday, May 16, 2013 (9:00am-5:00 pm) are hereby cancelled.

Page 1 of42. OtherProceduralDeadlines Set on September 24, 2013 Cancelled: The other pending pre-hearing procedural deadlines contained inthe September 24, 2013 Order Setting Litigation Dates and Procedures are cancelled. 3. March 27,2013 Telephone Motion Conference Cancelled: Based onthe new litigation schedule agreed to bythe parties, the Telephone Motion Conference set for March 27,2013 (11:00am-12:00pm) is cancelled. 4. November2013 Hearing Scheduled: The Hearing will take 3 days or less. The newly rescheduledHearing will begin on Tuesday, November5, 2013 (9:00am5:00pm) and end onThursday, November 7, 2013 (9:00am-5:00pm) in the area ofAtlanta, Georgia. The specific location ofthe Hearing will be provided to the parties priorto the Hearing. 5. February 28, 2013: New General Discovery Exchange.Deadline. The last date for bothparties to finish exchangingand responding to any/all additional general discoveryrequests pursuant to CR 26

- CR 36 and 14 C.F.R. §13.220(b) and (e). This includes, but is not limitedto: propounding interrogatories; requests for production ofdocuments; and the disclosure ofexpert witnesses' names, reports, and proposed testimony pursuantto CR26(a)(2), etc. 6. April30, 2013: New Deadline for TakingDepositions. The last date for both parties to finish responding to any/all discoveryrequests, and to finish taking expert depositions. 7. June 28,2013: New SupplementalDiscovery Deadline. Deadline for both parties to finish taking supplemental depositions, andresponding to and serving answers to all supplemental discoveryrequests pursuant to CR 26- CR 36 and 14 C.F.R. §13.220(i). 8. August 14, 2013: New Deadlines for FilingDispositive Motion(s). The last date for bothparties to file any/all pre-hearing dispositive motions, including Default Motions and/or Summary Judgment Motions. a) August 29,2013: Deadline for filing Answerto Dispositive Motion(s); b) September 11, 2013: Deadline for filing Reply (ifany). 9. September 19,2013: 2:00pm- 3:00pm EST. New Telephone Motion ConferenceforOral Argument on Dispositive Motions. NB: Ifthe parties do not file dispositive motions, thenthis Telephone Conference will be automatically converted and held as a Pre-Hearing Status Conference. 10. October 8, 2013: New Deadline for Exchange ofWitness Lists and Exhibits. The last date for each party to serve and file the following: a) A listofthe witnesses the party intends to call; b) A short statement ofthe testimony expected from each such witness; c) Theresume ofeach witness who will be offered as anexpert; and Page 2 of4d) 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 (ifany). 12. Requests for modification ofthe litigation dates set forth inparagraph A may be made by written Motion. Before filing such a Motion, however, the partyseeking the modification shall contactthe opposing party and seekto arrive at mutually convenient alternative date(s). A report onthe result ofthis discussion shall be included by the movant in the Motion. Discovery requests ordocuments complying with discovery requests need not be filed in this case withthe Office of Hearings, except as part ofa motion regarding disputed discovery, or as part ofa 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 ofa deficient response or after the response to the discovery is due, whichever occurs first. Motions to Compel and other discovery motions must be accompanied bythe discovery requests and responses, and a declaration by the moving party, pursuant to Civ. R. 37(a)(1), that the movanthas conferred or attempted to confer in good faith with the party allegedto have failed to make discovery ordisclosure. The.Civ. R. 37(a)(l) declaration shall specifically indicate the efforts made bythe movantto 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 ofthe motion. The failure to timely file objections to discovery may result inthe objections being deemed waived. Belated service ofburdensome discovery requests may also be grounds for denial ofa motionto compel compliance with such requests. · 14. Eachparty mustbring to the hearing at leastthree copies ofany documents it intends to offer in evidence as exhibits (one for the Judge and two for the official reporter). The exhibits shouldbe pre-marked. Complainant's exhibits should be marked "C-1," "C-2," "C-3," etc. Respondent's exhibits shouldbe marked "R-1," R-2," "R-3," etc. 15. Atthe Hearing, there will be the opportunity for direct examination, crossexamination, redirect examination and.re-cross-examination ofeach witness. Only one representative ofa party may cross-examine a witness on behalfofthat party. Pursuantto 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 ofall evidence. 16. Priorto the Hearing dates, ifa party wishes to schedule oral argument onany · motion, or setup any type oftelephone conference onthe Judge's calendar, the party shall first confer with opposing counsel about mutually agreeable alternate Page 3 of4dates, 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 ofHearings.

Attachment: Service List

Page 4 of4

### 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 ofthe 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 LawJudge Office ofHearings, M-20 U.S. Department ofTransportation 

### ONE COPY

1200 NewJersey 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 orby 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.