In The 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. 

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Case No. 2013EA390075 

Respondent 

ORDER SETTING A RULE 16 LITIGATION 

SCHEDULING CONFERENCE, AND DIRECTING THE PARTIES TO 

CONFER AND FILE A RULE 26(t) PROPOSED DISCOVERY PLAN 

1) Rule 16 Litigation Scheduling Conference: 

Pursuant to 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 in the dispute, their 

jointly submitted proposed scheduling/discovery plan (see paragraph 2 infra) and respond to any 

questions regarding disagreements not resolved in the proposed plan. During the Conference a 

final scheduling/discovery plan will be ruled upon, as well as any other related 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 of Proposed Discovery Plan: 

Pursuant to 14 C.P.R.§ 13.205(a)(6) and Civ. R. 26(f),prior to convening with the Judge 

for the Rule 16 Litigation Scheduling Conference, the parties shall privately conduct a Rule 26(f) 

planning meeting and prepare a jointly written proposed scheduling/discovery plan, which must 

be completed and filed with the undersigned Judge on or before Tuesday, January 5, 2016 (i.e. 

at least seven (7) calendar days before the Conference). 

The attorneys of record and all unrepresented parties are jointly responsible for arranging 

the Rule 26(f) conference, and for attempting in good faith to agree on the proposed discovery 

plan. 

The parties' Ru1e 26(f) planning meeting shall include a good faith discussion about the 

nature and basis of each party's claims, the possibility of resolving all or part of the case, the 

scope and type of discovery (including electronic discovery) and the place of venue for hearing. 

During this meeting, the parties shall discuss matters identified in 14 C.F .R. § 13.217 and Ru1e 

26(f)(2) and (3) as part of developing their proposed scheduling/discovery plan. 

The parties' planning meeting shou1d also include discussion about the sequence and 

timing of follow-up discovery, including whether that discovery shou1d be conducted in phases 

to prepare for any filing ofparticu1ar motions (e.g., limiting scope of trial, dispositive motions, 

etc.). 

The proposed discovery deadlines in the 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 proposed plan, so that these disputes may be addressed by the Judge during the Ru1e 16 

Litigation Scheduling Conference. 

3) Filing and Serving Documents: 

Pursuant to 14 C.F.R. § 13.211(a), a copy of any document a party files with the Federal 

Aviation Administration Hearing Docket ("Hearing Docket") must also be separately filed with 

the undersigned, and served upon the opposing party. 

4) Compliance with Court-Ordered Deadline Dates: 

Whenever the Judge orders the parties to file documents by a specific deadline date (see, 

e.g., paragraph 2 above) such deadline date is the date by which the documents must be datestamped received at the Office of Hearings. To ensure compliance with this and any future 

Orders setting deadlines, the parties are encouraged to fax or personally deliver a copy of their 

documents to the Office of Hearings (Fax: 202-366-7536), on or before the deadline date. 

Failure of a party to timely file documents by the court-ordered deadline could lead to the party's 

position not being considered. 

Page Z of3 

5) Conflicts with the Ru1e 16 Litigation Schedu1ing Conference Date: 

If a party has an unavoidable conflict with the Schedu1ed Rule 16 Litigation Scheduling 

Conference set in paragraph 1 supra, and wishes to modify the date/time of the schedu1ed 

Conference, the party shall first confer with opposing counsel about mutually agreeable 

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

Hearings (202-366-6941) as soon as possible after the receipt of this Order, with at least 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 A venue, S. W. 

Washington, DC 20591 

ORIGINAL & ONE COPY 

Attention: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building-Suite 2W10001 

Mr. Zachary M. Berman 

Complainant's Counsel 

Federal Aviation Administration 

Office of Regional Counsel 

1 Aviation Plaza 

Jamaica, NY 11434 

TEL: 718-553-3258 

FAX: 718-995-5699 

Mr. H. Bruce Brandon 

Respondent's Counsel 

3439 South Aviation Drive 

Burlington, NC 27215 

TEL: 336-358-6300 

FAX: 336-286-7050 

Judge J.E. Sullivan 

US. Administrative Law Judge 

Office of Hearings, M-20 

ONE COPY 

U.S. Department of Transportation 

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

Washington, DC 20590 

TEL: 202-366-6941 

FAX: 202-366-7536 

Docket No. F AA-2015-2439 

(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.