In The Matter Of: 

PROFESSIONAL 

SERVED: SEPTEMBER 22, 2015 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, DC 

Docket No. FAA-2015-0638 

FLIGHT TRANSPORT, INC. 

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Case No. 2014S0190149 

Respondent 

ORDER SETTING 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 "Respondent has declined to discuss [a joint proposed 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 staff by telephone, and stated that the parties were in settlement 

discussions. The OH staff consulted with the Court, and then contacted both parties by 

telephone and advised them that they still needed to appear for the scheduled Rule 15 Litigation 

Scheduling Conference. The OH staff spoke directly with the FAA attorney, and also with the 

Respondent attorney's staff assistant, 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 explanation for its absence. 

Pursuant to 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; 

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IT IS HEREBY ORDERED: 

A. The Respondent is deemed to have waived participation or objection to the Litigation 

Schedule. The litigation dates, discovery procedures, and hearing dates are hereby set as 

follows: 

1. October 8, 2015: Deadline for Initial Disclosures. To ensure that the parties have 

sufficient time to address all issues in dispute, on or before October 8, 2015 the parties 
shall 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 or before 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 of the discovery time allotted in this case, the parties shall begin 

exchanging or serving general discovery requests on or before October 15, 2015, 

pursuant to 14 C.F.R. § 13.220 (b), (c), (d) and (e). General discovery includes, but is not 

limited to: notices of deposition; requests for production of documents; propounding 

interrogatories; requests for admission; etc. A party shall respond to a general discovery 

request no later than 30 days after service of the request, unless otherwise agreed by the 

parties. Any discovery requests served after October 15, 2015 must be served 

sufficiently early in the discovery period to permit the service of responses prior to the 

Deadline for Completing General Discovery 

3. Service oflnterrogatories. Pursuant to 14 C.F.R. § 13.220(k)(l), a party shall not serve 

more than thirty (30) interrogatories upon each other. Each subpart of an 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 Relief within ten (10) days after service ofthe disputed 

discovery request. 

a. Good Faith Declaration Included: The Motion must include a declaration by the 

moving party certifying that 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 of the Motion. 

b. Copy of Disputed Discovery: Pursuant to 14 C.P.R.§ 13.220(b), only a copy of 

the disputed discovery, in support of the 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 of the Motion. 

5. Motions to Compel Discovery: A party seeking to compel discovery must file a Motion 

to Com?el within ten (1 0) d~ys. aft~r .. servic,) ~fa deficient response or after the response 

to the dtscovery was due, whtch~ve~ ~ryu~~,;~rst. 

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a. Good Faith Declaration Included: The Motion must include a declaration by the 

moving party certifying that the movant has in good faith conferred or attempted 

to confer with the 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 of a 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 or Employee Expert Witness Disclosures. If a party retains or hires a 

witness to provide expert testimony, or a party intends to utilize the testimony of an 

employee to give expert testimony-then the party intending to offer such witness shall 

disclose this retained or employee expert witness to the opposing side pursuant to the 

timeline below. The expert witness dj~_~losute;shall include the name ofthe witness, the 

witness's expert resume or qualffications;~arid'the witness's written report or statement of 

opinion (including disclosure of the basis of that 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. Pursuant to 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 of Deposition Period. Pursuant to 14 C.P.R.§ 13.2200), 

the parties may begin to take depositions of expert and/or non-expert witnesses on 

December 1, 2015. 

9. January 15,2016: Deadline for Issuing Subpoenas/Arranging for Depositions. On or 

before January 15, 2016, the parties shall issue subpoenas and/or mutually arrange for 

depositions of witnesses and ex~erts ~:-~~~:\~e necessary. 

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10. March 11, 2016: End of Deposition 'Peri&d. On or before March 11, 2016, the parties 

shall complete any/all depositions of expert and/or non-expert witnesses. 

11. March 25, 2016: Deadline to Serve Written Discovery Requests and Supplemental 

Expert Witness 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 of documents 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 or before April29, 2016. Any motions regarding discovery must be filed 

within 1 0 days of this deadline. ~ .1. f r,_. 

13. May 27,2016: Final Close of'Disco~'i.j:'All supplemental discovery 

14. June 24,2016: Deadline 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) July 8, 2016: Deadline for filing Answer to Dispositive Motion(s); 

b) July 22, 2016: Deadline for filing Reply (if any). 

15. Telephone Motion Conference: August 11,2016 (10:00 a.m.-11:30 p.m. ET). The 

parties shall convene by telephone for oral argument on any filed dispositive motions on 

August 11,2016 (10:00 a.m.-11:30 p.m. ET). N.B. Ifthe parties 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 of Witnesses/Exchange of Exhibits. On or before September 

1, 2016, the parties will 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 or statement of qu,alificll;'\_ons of each 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 brief description of each document. 

17. September 21,2016: Written Stipulations and/or Agreed Motions in Limine. On or 

· before September 21, 2016, the parties shall file any written stipulations that narrow the 

factual or legal issues, and/or that are agreed Motions in Limine. 

18. Hearing Dates: October 24,2016- October 26,2016. 

Based on the parties' agreement, the Hearing will take three (3) days or less. The 

Hearing will begin on October 24, 2016 (9:00 a.m-5:00 p.m. ET) in the Fort 

Lauderdale, FL area. The Hearing will continue on October 25, 2016 (9:00 a.m-5:00 

p.m. ET) and conclude by the end of the following day October 26, 2016 (9:00a.m.-

5:00 p.m. EST). The specific location of the Hearing will be provided to the parties prior 

to the Hearing. 

B. Discovery Requests and Exchanges: 

Discovery requests and exchanges need not be filed with the Office of Hearings, 

except as part of a motion regarding lit;rlit~d''oiscovery, disputed discovery, or as part of a 

motion to compel discovery. ~ · ' · ,: · 

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C. Failure to Move for Timely Relief/Late Service of Discovery: 

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 of discovery requests 

may also be grounds for denial of a motion to compel compliance with such requests. 

D. Scheduling Motion or Pre-Hearing Conferences on the Judge's Calendar: 

Prior to the Hearing date( s ), if a party wishes to schedule oral argument on any motion, or 

set up any type of pre-hearing telephone conference on the 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 of Hearings (202-366-6941) 

as soon as possible, with at least three (3) mutually-agreed, proposed alternate dates/times for 

the Judge's consideration. _. · i'',... t:;J, 

E. Exhibits Brought to the Hearing: 

Each party must bring to the Hearing at least three copies of any documents it intends to 

offer in evidence as exhibits (two for the Judge and one for the court reporter). 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 of each witness. Only one representative of a party may direct or 

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 ofEvidence may be utilized as helpful guidance in 

determining the admission of evidence. 

G. Attorney Withdrawal: Pursuant to 14 C.P.R.§ 13.218, an attorney who wishes to 

withdraw from representing a party must file a Motion to Withdraw. In this Motion, the 

attorney shall confirm the following: 

1. The date the Respondent was serte<l wi[~\vritten notice of the attorney's intent to 

withdraw; ·· 

2. The name of the designated agent/lay representative if the Respondent in the action is 

a business entity; 

3. The current business address, telephone number, and fax number of the Respondent 

and of its designated agent; 

4. A statement that the Respondent has been notified in writing of the pending hearing 

dates in this 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 of all Orders issued in this 

litigation, as well as any other legal documents to which the Respondent is entitled. 

H. Court Filing of Exhibits with the Hearing Docket: 

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All Exhibits that the parties have moved for admission during the Hearing will be 

attached to the court transcript and filed 1Jy the :court reporter. ff.. ·~(1 v\" .·, r:; \ 

I. Requests for Modification of this Order: 

Any requests for modification of the litigation dates and procedures set forth in this Order 

should be made by written Motion. The parties may also file an agreed written request. · 

J. Clarification or Questions: 

For clarifications of this order or questions with regard to the procedures to be followed 

in this case, please contact Mr. Cody L. Smith, Attorney-Advisor, at the Office of Hearings 

(202-366-6941 ). 

Attachment: Service List 

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Docket No. FAA-2015-0638 

(Civil Penalty Action) 

SERVICE LIST- BY U.S. MAIL 

ORIGINAL & ONE COPY 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Washington, DC 20591 

Attention: Hearing Docket Clerk, AGC-430 , 

Wilbur Wright Building~.. Suite 2WJ0001 

ONE COPY 

Mr. Christopher Stevenson 

Complainant's Counsel 

Office of the 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. Administrative Law Judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

1200 New Jersey 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 

Boca Raton, FL 33431 

TEL: 561-989-9955 

FAX: 561-989-9966 . ··e •. n'.Jt'), 

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 2WIOOO, Washington, 

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

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