InThe Matter Of: 

## SERVED: OCTOBER 1, 2015 U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS W ASI-llNGTON, DC

Docket No. PAA-2015-2439 CLEAR DAY AVIATION, INC. ) ) ) 

### ) ) Case No. 2013EA390075 Respondent


### ORDER SETTING A RULE 16 LITIGATION SCHEDULING CONFERENCE, AND DIRECTING THE PARTIES TO

CONFERAND FILE A RULE 26(t) PROPOSED DISCOVERY PLAN 1) Rule 16 Litigation Scheduling Conference: Pursuantto 14 C.P.R.§ 13.205 and Civ. R. 16, the parties shall appear by telephone on 

### Tuesday, January 12,2016, at 1:30 p.m. Eastern time for a Rule 16 Litigation Scheduling Conference. During this Conference the parties will discuss the issues inthe dispute, their jointly submitted proposed scheduling/discovery plan (see paragraph 2 

### infra) and respond to any questions regarding disagreements not resolved inthe proposed plan. During the Conference a final scheduling/discovery plan will be ruled upon, as well as any otherrelated matters pursuant to Rule 16(c). The parties shall access the Conference by dialing 202-493-2343. 2) Parties' Rule 26(f) Planning Meeting and Submission ofProposed Discovery Plan: Pursuant to 14 C.P.R.§ 13.205(a)(6) and Civ. R. 26(f),priorto convening with the Judge for the Rule 16 Litigation Scheduling Conference, the parties shall privately conduct a Rule 26(f) planning meeting and prepare ajointlywritten proposed scheduling/discovery plan, which must be completed and filed withthe undersigned Judge 

### on orbefore Tuesday, January 5, 

### 2016 (i.e. at least seven (7) calendar days before the Conference). The attorneys ofrecord and all unrepresented parties arejointlyresponsible for arranging the Rule 26(f) conference, and for attempting in good faith to agree onthe proposed discovery plan.The parties' Ru1e 26(f) planning meeting shall include a good faith discussion aboutthe nature and basis ofeach party's claims, the possibility ofresolving all orpart ofthe case, the scope and type ofdiscovery (including electronic discovery) and the place ofvenue for hearing. Duringthis meeting, the parties shall discuss matters identified in 14 C.F.R. 

### § 13.217 and Ru1e 26(f)(2) and (3) 

### as part ofdeveloping their proposed scheduling/discovery plan. The parties' planning meeting shou1d also include discussion aboutthe sequence and timing offollow-up discovery, including whether that discovery shou1d be conducted inphases to prepare for any filing ofparticu1ar motions (e.g., limiting scope oftrial, dispositive motions, etc.). The proposed discovery deadlines inthe parties' proposed schedu1ing/discovery plan shou1d be mutually agreeable, with a view to achieving case resolution with a minimum of expense and delay. Any unresolved schedu1ing/discovery disputes shou1d be clearly identified in the proposedplan, so thatthese disputes may be addressed bythe Judge during the Ru1e 16 Litigation Scheduling Conference. 3) Filing and Serving Documents: Pursuant to 14 C.F.R. 

### § 13.211(a), a copy ofany document a party files with the Federal Aviation Administration Hearing Docket ("Hearing Docket") must also be separately filed with the undersigned, and serveduponthe opposing party. 4) Compliance with Court-Ordered Deadline Dates: Wheneverthe Judge orders the parties to file documents by a specific deadline date (see, e.g., paragraph 2 above) such deadline date is the date bywhich the documents must be datestampedreceived atthe Office ofHearings. To ensure compliance withthis and any future Orders setting deadlines, the parties are encouragedto fax orpersonally deliver a copy oftheir documents to the Office ofHearings (Fax: 202-366-7536), on orbefore the deadline date. Failure ofa party to timely file documents by the court-ordered deadline could lead to the party's positionnotbeing considered.

Page Z of35) Conflicts withthe Ru1e 16 Litigation Schedu1ing Conference Date: Ifa party has anunavoidable conflict with the Schedu1ed Rule 16 Litigation Scheduling Conference set inparagraph 1 

### supra, and wishes to modify the date/time ofthe schedu1ed Conference, 

### the party shallfirst conferwith opposing counsel about mutually agreeable alternate dates, and then contactMr. Cody 

### L. Smith, Attorney-Advisor atthe Office of Hearings (202-366-6941) as soon as possible after the receipt ofthis Order, with atleast three (3) mutually-agreed, proposed alternate dates/times for the Judge's consideration.

Judge J. U.S. Administrative Law Judge

Attaclunent: Service List

Page 3 of3

### SERVICE 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 2W1000 1



### Mr. Zachary M. Berman 

### Complainant's Counsel Federal Aviation Administration Office ofRegional Counsel 1 Aviation Plaza Jamaica, NY 11434 TEL: 718-553-3258 FAX: 718-995-5699 Mr. H. Bruce Brandon 

### Respondent's Counsel 3439 SouthAviation Drive Burlington, NC 27215 TEL: 336-358-6300 FAX: 336-286-7050 Judge J.E. Sullivan 

### US. Administrative LawJudge Office ofHearings, M-20 

### ONE COPY

U.S. Department ofTransportation 1200NewJersey Avenue, S.E. (Ell-310) Washington, DC 20590 TEL: 202-366-6941 FAX: 202-366-7536 DocketNo. FAA-2015-2439 (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.