In The Matter Of:
PROFESSIONAL 

## SERVED: SEPTEMBER22, 2015

U.S. DEPARTMENT OFTRANSPORTATION OFFICE OF HEARINGS WASHINGTON, DC

DocketNo. FAA-2015-0638
FLIGHT TRANSPORT, INC. ) ) ) ) ) ) Case No. 2014S0190149 Respondent

ORDERSETTING LITIGATION DATES AND PROCEDURES

On July 6, 2015, an Order Setting a Rule 16 I.;itigation Scheduling Conference and Directing the Parties to Confer and File a Rule 26(f) Proposed Discovery Plan was filed. On September 15,2015, the FAA filed the FAA's Proposed Schedule. The FAA also noted that the "Respondenthas declined to discuss [ajointproposed discovery plan]" despite the July 6, 2015 Order directing the parties to confer with each other and develop a plan. On September 23, 2015, prior to 10:00am, the FAA informally contacted the Office of Hearings ("OH") attorney staffby telephone, and stated that the parties were in settlement discussions. The OH staffconsulted with the Court, and then contacted bothparties by telephone and advised them that they still needed to appear for the scheduled Rule 15 Litigation Scheduling Conference. The OH staffspoke directly with the FAA attorney, and also withthe Respondent attorney's staffassistant, who confirmed that the Respondent attorney was aware that the Rule 16 Conference was set on September 23, 2015 at 10:00am. Shortly thereafter, on September 23, 2015 (lO:OOam) the FAA appeared by telephone for the scheduled Rule 16 Litigation Scheduling Conference. The Respondent did not appear, and there was no explanationfor its absence. Pursuantto 14 C.F.R. §§ 13.205(a)(l), (6), (7),; 13.220; and Civ. R. 16, and after reviewing all relevant caselaw, regulations, s,tatutoo; authority, and being fully advised; .J,

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IT IS HEREBY ORDERED: A. The Respondent is deemed to have waivedparticipation or objectionto the Litigation Schedule. The litigation dates, discovery procedures, and hearing dates are hereby set as follows: 1. October 8, 2015: Deadline for InitialDisclosures. To ensure thatthe parties have sufficient time to address all issues in dispute, on or before October 8, 2015 the partiesshall serve each other with initial disclosures (as described in Civ. R. 26(a)(1)(A)(i), (ii), and (iii)) without waiting for a specific discovery request. · 2. On orbefore October 15,2015: General Discovery Initiated. Pursuant to 14 C.P.R. § 13.220(a), the parties may**immediat~cy b~~in**  conducting general discovery. In order to ensure full use ofthe discovery time allotted in this case, the parties shall begin exchanging or serving general discovery requests on orbefore October 15, 2015, pursuant to 14 C.F.R. § 13.220 (b), (c), (d) and (e). General discovery includes, but is not limitedto: notices ofdeposition; requests for production ofdocuments; propounding interrogatories; requests for admission; etc. A party shall respond to a general discovery request no laterthan 30 days after service ofthe request, unless otherwise agreed bythe parties. Any discovery requests served after October 15, 2015 must be served sufficiently early in the discovery period to permitthe service ofresponses priorto the Deadline for Completing General Discovery
3. Service oflnterrogatories. Pursuantto 14 C.F.R. § 13.220(k)(l), a party shall not serve more thanthirty (30) interrogatories upon each other. Each subpart ofan interrogatory shall be counted as a separate interrogatory.

a. Objection(s) to Interrogatories. Pursuant to 14 C.F.R. § 13.220(k), any objection in response to an interrogatory must include the reason(s) supporting the objection.
4. Motions to Limit Discovery up<;m**ReK~~pt** qt;piscovery Request: A party served with a discovery request who seeks to 'fiinit

### d~·~ofer~ pursuant to 14 C.F.R. § 13.220(±), (g), and (h), shall file a Motion for Reliefwithin ten (10) days after service ofthe disputed discovery request.

a. Good Faith Declaration Included: The Motion must include a declaration bythe moving party certifyingthat the movant has in good faith conferred or attempted to confer with the person or party requesting discovery, to try and informally resolve the disputed matter. Failure to include the good faith declaration may result in denial or postponement ofthe Motion. b. Copy ofDisputed Discovery: Pursuant to 14 C.P.R.§ 13.220(b), only a copy of the disputed discovery, in support ofthe motion, should be attached to the Motion or the Response.

c. Response to Motion to Limit Discovery: Any Response to the Motion should be filed no later than ten (10) days after service ofthe Motion. 5. Motions to Compel Discovery: A party seeking to compel discovery must file a Motion to Com?el within ten (10)**d~ys. aft~r** .. servic,)**~fa** deficient response or after the response to the dtscovery was due,**whtch~ve~ ~ryu~~,;~rst.** 

Page 2 of6a. Good Faith Declaration Included: The Motion must include a declarationby the moving party certifyingthat the movant has in good faith conferred or attempted to confer withthe person or party failing to make disclosure or discovery, in an effort to obtain it without court action. Failure to include the good faith declaration may result in denial or postponement ofa Motion. b. Other: The Motion shall be filed in the same manner as directed above for Motions to Limit Discovery (paragraph 4 (b)-(c)).
6. Retained/Hired orEmployee ExpertWitness Disclosures. Ifa party retains orhires a witness to provide expert testimony, or a party intends to utilize the testimony ofan employee to give experttestimony-thenthe party intending to offer such witness shall disclose this retained or employee expert witness to the opposing side pursuantto the timeline below. The expert witness**dj~_~losute;shall** include the name ofthe witness, the witness's expert resume or

### qual**ffications;~arid'the** witness's written report or statement of opinion (including disclosure ofthe basis ofthat opinion). a) FAA Expert Disclosure Deadline: November 27,2015. b) Respondent Expert Disclosure Deadline: November 27,2015. c) Expert Rebuttal Reports Deadline: December 18, 2015.

7. Duty to Supplement or Amend Discovery. Pursuantto 14 C.P.R. § 13.220(i), a party who has responded to a discovery request in this case has a duty to supplement or amend the response throughout the litigation period, as soon as the information is known. 8. December 1, 2015: Beginning ofDeposition Period. Pursuant to 14 C.P.R.§ 13.2200), the parties may beginto take depositions ofexpert and/or non-expert witnesses on December 1, 2015. 9. January 15,2016: Deadline for Issuing Subpoenas/Arrangingfor Depositions. Onor before January 15, 2016, the parties shall issue subpoenas and/or mutually arrange for depositions ofwitnesses and**ex~erts ~:-~~~:\~e**  necessary. 1 j • '

. \"' l' ' ,. 10. March 11, 2016: End ofDeposition'Peri&d. On orbefore March 11, 2016, the parties shall complete any/all depositions ofexpert and/or non-expert witnesses. 11. March 25, 2016: Deadline to ServeWritten Discovery Requests and Supplemental ExpertWitness Reports. Pursuant to 14 C.P.R. § 13.220, March 25, 2016 is the last date for both parties to serve written discovery requests. Written discovery requests include, but are not limited to: written interrogatories, requests for production ofdocuments or tangible items, and requests for admissions. 12. April29, 2016: Deadline for Completing General Discovery. Pursuant to 14 C.P.R. § 13.220, the parties shall finish responding and serving answers to all general discovery

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.....requests on orbefore April29, 2016. Any motions regarding discovery mustbe filed within 1 0 days ofthis deadline.**~** .1.f r,_. 13. May 27,2016: Final Close

## of'Disco~'i.j:'All supplemental discovery
14. June 24,2016: Deadline forFilingDispositive Motion(s). The last date for bothparties to file any/all pre-hearing dispositive motions, including Default Motions and/or Summary Judgment Motions. a) July 8, 2016: Deadline for filing Answer to Dispositive Motion(s); b) July 22, 2016: Deadline for filing Reply (ifany). 15. TelephoneMotion Conference: August 11,2016 (10:00 a.m.-11:30 p.m. ET). The parties shall convene bytelephone for oral argument on any filed dispositive motions on August 11,2016 (10:00 a.m.-11:30 p.m. ET). N.B. Iftheparties do not file dispositive motions, then this Telephone Conference will be automatically converted and held as a Pre-Hearing Status Conference.
16. September 1, 2016: List ofWitnesses/Exchange ofExhibits. On orbefore September 1, 2016, the parties will serve and file the following: a) A list ofthe witnesses the party intends to call; b) A short statement ofthe testimony expected from each such witness; c) The resume or statement ofqu,alificll;'\_ons ofeach witness who will be offered as an expert· ·\, · -· ''','. ' i ' ., .' .: ' d) The documents the party intends.'to'offer in evidence (pre-marked as noted in paragraph 

### E, infra); and e) An index cover sheet with a briefdescription ofeach document.
17. September21,2016: Written Stipulations and/or Agreed Motions 

### in Limine. On or

· before September21, 2016, the parties shall file any written stipulations that narrowthe

factual or legal issues, and/or that are agreed Motions in Limine. 18. HearingDates: October 24,2016- October26,2016. Based onthe parties' agreement, the Hearing will take three (3) days or less. The Hearing will begin on October24, 2016 (9:00 a.m-5:00 p.m. ET) inthe Fort Lauderdale, FL area. The Hearing 

### will continue on October25, 2016 (9:00 a.m-5:00 p.m. ET) and conclude by the end ofthe following day October26, 2016 (9:00a.m.- 5:00 p.m. EST). The specific location ofthe Hearing will be provided to the parties prior to the Hearing.
B. Discovery Requests and Exchanges: Discovery requests and exchanges need not be filed withthe Office ofHearings, except as part ofa motionregarding**lit;rlit~d''oiscovery,** disputed discovery, or as part ofa motion to compel discovery.**~**· ' · ,: ·

Page 4 of6C. Failure to Move for Timely Relief/Late Service ofDiscovery: The failure to timely respond to discovery requests, and/or to timely move for relief regarding discovery disputes during the discovery period, may result in a finding that the party has, through its actions, waived its right to relief. Late service ofdiscovery requests may also be grounds for denial ofa motion to compel compliance with such requests. D. Scheduling Motion or Pre-Hearing Conferences onthe Judge's Calendar: Priorto the Hearing date(s), ifaparty wishes to schedule oral argument on any motion, or set up anytype ofpre-hearing telephone conference onthe Judge's calendar, the party shall first confer with opposing counsel about mutually agreeable alternate dates. The movant shall next contact Mr. Cody L. Smith, Attorney-Advisor, at the Office ofHearings (202-366-6941) as soon as possible, with at least three (3) mutually-agreed, proposed alternate dates/times for the Judge's consideration. _. · i'',... 

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E. Exhibits Brought to the Hearing: Each party must bring to the Hearing at least three copies ofany documents it intends to offer in evidence as exhibits (two for the Judge and one for the courtreporter). 

### The exhibits must have an index cover sheet, and 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. F. Examination Process at the Hearing: At the Hearing, there will be the opportunity for direct examination, cross-examination, and redirect examination ofeach witness. Only one representative ofa party may direct or cross-examine a witness onbehalfofthat party. Pursuant to 14 C.P.R.§ 13.205 and 14 C.P.R. § 13.222, the Federal Rules ofEvidence may be utilized as helpful guidance in determining the admission ofevidence.
G. 

### Attorney Withdrawal: Pursuantto 14 C.P.R.§ 13.218, an attorney who wishes to withdraw from representing a party must file aMotion to Withdraw. Inthis Motion, the attorney shall confirm the following:
1. The date the Respondent was serte<l

## wi[~\vritten notice ofthe attorney's intent to withdraw; ·· 2. The name ofthe designated agent/lay representative ifthe Respondent in the action is a business entity; 3. The current business address, telephone number, and fax number ofthe Respondent and ofits designated agent; 4. A statementthatthe Respondent has been notified in writing ofthe pending hearing dates inthis litigation, as well as the pending pre-hearing discovery deadlines and telephone conferences; and 5. A statement that the Respondent has been provided a copy ofall Orders issued in this litigation, as well as any other legal documents to which the Respondent is entitled.
H. Court Filing ofExhibits with the Hearing Docket:

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,**~)** '.**~~** .... \•'v I f1,'All Exhibits thatthe parties have moved for admission during the Hearing will be attached to the courttranscript and filed 1Jy the :courtreporter. ff..**·~(1** v\" .·,r:;\ I. Requests for Modification ofthis Order: Anyrequests for modification ofthe litigation dates andprocedures setforth inthis Order should be made bywrittenMotion. The parties may also file an agreed writtenrequest. ·



### J. Clarification or Questions: Forclarifications ofthis order orquestions withregard to the procedures tobe followed inthis case, please contact Mr. Cody L. Smith, Attorney-Advisor, atthe Office ofHearings (202-366-6941).

Attachment: Service List

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Page 6 of&DocketNo. FAA-2015-0638 (Civil Penalty Action) 

### SERVICE LIST- BY U.S. MAIL ORIGINAL & ONE COPY Federal AviationAdministration 800 Independence Avenue, S.W. Washington, DC 20591 Attention: Hearing Docket Clerk, AGC-430 , Wilbur Wright

### Building~..Suite2WJ000 1 

### ONE COPY

Mr. Christopher Stevenson Complainant's Counsel Office ofthe Regional Counsel Southern Region P.O. Box 20636 Atlanta, GA 30320 TEL: 404-305-5208 FAX: 404-305-5223 Professional Flight Transport, Inc. Respondent DBA Windsor Jet Management Lilley James, Agent for Service Executive Airport Business Center 1835 S. Perimeter Rd. Suite 120 Ft. Lauderdale, FL 33309
Judge J.E. Sullivan U.S. AdministrativeLawJudge Office ofHearings, M-20 U.S. Department ofTransportation 1200 NewJersey Avenue, S.E. (E11-310) Washington, DC 20590 TEL: 202-366-6941 FAX: 202-366-7536 Mr. Mark B. Goldstein Respondent's Counsel 2700 N. Military Road, Suite 130 BocaRaton, FL 33431 TEL: 561-989-9955 FAX: 561-989-9966

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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-Suite2WIOOO, Washington, DC 20591; Attention: Hearing Docket Clerk, AGC-430.

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