In The Matter Of: JAMES KEARNS Respondent 

## SERVED: October 24,2014
U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS WASHINGTON, DC
) ) ) ) ) DocketNo. PAA-2014-0683 Case No. 2012S0275132



### ORDER SETTING RULE 16 LITIGATION SCHEDULING CONFERENCE AND DIRECTING RULE 26(t) PLANNING AND SUBMISSION 1) Rule 16 Litigation Scheduling Conference: Pursuant to 14 C.P.R.§ 13.205(a)(1) and (7) and Civ. R. 16, the parties shall appear by telephone on 

### Tuesday, January 13, 

### 2015, at 10:00 a.m. Eastern time for a Rule 16 Litigation Scheduling Conference. During this Conference the parties will discuss the issues inthe dispute, theirjointly 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(±) Planning Meeting and Submission ofProposed Discovery Plan: Pursuant to 14 C.P.R. § 13.217 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 ajointly written proposed scheduling/ discovery plan, which must be completed and filed with the undersigned Judge on or before 

### Tuesday, January 6, 

### 2015 (i.e.
seven (7) calendar days before the Conference). The attorneys ofrecord and all unrepresented parties arejointly responsible for arranging the Rule 26(f) conference, and for attempting in good faith to agree onthe proposed discovery plan. The parties' Rule 26(f) planning meeting shall include a good faith discussion aboutthe nature and basis ofeach party's claims, the possibility ofresolving all or part ofthe case, thescope and type ofdiscovery (including electronic discovery) and the place ofvenue for hearing. During this meeting, the parties shall discuss matters identified in 14 C.P.R.§ 13.217 and Rule 

### 26(f)(2) and 

### (3) as part ofdeveloping their proposed scheduling/discovery plan. The parties' planning meeting should also include discussionabout the sequence andtiming offollow-up discovery, including whether that discovery should be conducted inphases to prepare for any filing ofparticular motions (e.g., limiting scope oftrial, dispositive motions, etc). The deadlines inthe parties' proposed scheduling/discovery plan should be mutually agreeable, with a viewto achieving case resolution with a minimlim ofexpense and delay. Any unresolved scheduling/discovery disputes should be clearly identified inthe proposed plan, so thatthese disputes maybe addressedbythe Judge during the Rule 

### 16 Litigation Scheduling Conference. In addition to filing the proposed scheduling/discoveryplanby regular mail filing withthe Federal Aviation Administration Hearing Docket Clerk, 

### the parties shall iile a working copy of the scheduling/discovery planwiththe undersigned Judge atthe Office ofHearings by fax, express carrier, orpersonal delivery. The certificate ofservice should reflect the manner of serv1ce.
3) Conflicts withRule 

### 16 Litigation Scheduling Conference Date: Ifa partyhas anunavoidable conflict with the Scheduled Rule 

### 16 Litigation Scheduling Conference set inparagraph 

### 1supra, and wishes to modify the date/time ofthe scheduled Conference, 

### the party shall first conferwith 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 ofthis Order, 

### with at least three (3) 

### mutually-agreed, proposed alternate dates/times for the Judge's consideration.

Attachment: Service List

Page 2 of 2SERVICE 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 2W1000 1

Ms. Rashawn Rich George Complainant's Counsel Federal Aviation Administration Office ofthe Regional Counsel, ASO-7 SouthernRegion 1701 ColumbiaAvenue College Park, GA 30337 TEL: 404-305-5200 FAX: 404-305-5223 Mr. James Keams Respondent 270 Union Street, Apt. 2 Brooklyn, NY 11231 TEL: 917-992-6323
Judge J.E. Sullivan U.S. Administrative LawJudge Office ofHearings, M-20 U.S. Department ofTransportation 1200NewJersey Avenue, S.E. (Ell-310) Washington, DC 20590 TEL: 202-366-6941 FAX: 202-366-7536 ONE COPY DocketNo. FAA-2014-0683 (CivilPenalty Action)

1 Service was byU.S. Mail. For service in person orby expedited courier, use the following address: Federal Aviation Administration, 600 Independence Ayenue, S.W., Wilbur WrightBuilding-Suite 2Wl000, Washington, DC 20591; Attention: Hearing Docket Clerk, AGC-430.