In The Matter Of: 

CLELIA AYALA 

Respondent 

SERVED: February 13,2013 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, DC 

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ORDER 

Docket No. F AA-2012-0910 

Case No. 201080290061 

SETTING DISCOVERY DEADLINES AND PROCEDURES 

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On December 10, 2012, an Order Setting Rule 16 Litigation Scheduling Conference, and 

Directing Rule 26(f) Planning and Submission was filed. 

On December 12, 2013, the Respondent, Ms. Clelia Ayala, telephoned the Office of 

Hearings (OH) and asked for guidance on how to comply with the December 10,2012 Order. 

The following day, on December 13, 2012, the OH attorney staff telephoned Ms. Ayala and 

answered all her questions. Among other things, Ms. Ayala was advised to contact the FAA 

attorney and participate in the development of a litigation schedule~ as directed in the December 

10,2012 Order. 

On February 5, 2013, a Draft Joint Section 13.217/Rule 26(f) Report Submitted by 

Complainant FAA was filed. 

On February 12,2013, the parties appeared by telephone for a Rule 16 Litigation 

Scheduling Conference and discussed their calendar availability, hearing dates, and other 

litigation procedural matters. PursUant to 14 C.F.R. §13.205(a)(1), (6) and (7), Civ. R. 16, 

14 C.F.R. §13.217, alild 14 C.F.R. §13.220, and after reviewing all relevant caselaw~ regulations, 

statutory authority, and being fully advised; 

IT IS HEREBY ORDERED: 

1. February 13,2013: Before the close ofbusiness on February 13, 2013, the FAA shall 

fax to the OH copies of the following: a) The attachment Ms. Ayala referenced and 

submitted in her October 26, 2012 Letter; and b) The FAA's March 8, 2011 Notice of 

Civil Penalty Assessment. 

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2. March 15,2013: On or before March 15,2013 the FAA shall serve the Respondent, Ms. 

Ayala, with a: copy of its discoverable evidentiary file, which includes copies of the 15 

statements made by other passengers aboard Flight 9191 on December 29, 2009 (the date 

ofthe alleged incident). 

3. AprilS, 2013 Exchange of Written Discovery Requests: On or before April5, 2013 

the FAA and the Respondent, Ms. Ayala, will serve each other with written requests for 

discovery pursuant to CR 26- CR 36 and 14 C.P.R. §13.220(b) and (e). This includes, 

but is not limited to: propounding interrogatories; requests for production of documents, 

requests for admission, etc. In addition, the parties may also mutually agree to exchange 

additional information for purposes of settlement negotiations. 

4. Pursuant to 14 C.P.R. §13.220(k)(l), a party shall not serve more than thirty (30) 

interrogatories to each other. Each subpart of an interrogatory shall be counted as a 

separate interrogatory. 

5. Discovery requests or documents complying with discovery requests need not be filed in 

this case with the Office of Hearings, except as part of a motion regarding disputed 

discovery, or as part of a motion to compel discovery 

6. May 3, 2013 Written Answers to Discovery Requests Due: On or before May 3, 2013 

the FAA and the Respondent, Ms. Ayala, will serve each other with written answers for 

all discovery requests. 

7. Any Motions regarding discovery, including a Motion to Compel Discovery, must be 

filed within ten (10) calendar days after service of a deficient response or after the 

response to the discovery is due, whichever occurs first. Motions to Compel and other 

discovery motions must be accompanied by the discovery requests and responses, and a 

declaration by the moving party, pursuant to Civ. R. 37(a)(l), that the movant has 

conferred or attempted to confer in good faith with the party alleged to have failed to 

make discovery or disclosure. 

8. May 14,2013 Telephone Conference at 11:00am-12:00pm EST. The parties shall 

appear for a second Telephone Conference on May 14,2013 at 11:00am-12:00pm EST. At 

this conference the parties will discuss the status of the case, and be prepared to participate in 

further litigation scheduling. 

9. Requests for modification of the dates in this Order may be made by written Motion. 

Before filing such a Motion, however, the party seeking the modification shall contact the 

opposing party and seek to arrive at mutually convenient alternative date(s). A report on 

the result of this discussion shall be included by the movant in the Motion. 

10. Updated Respondent Address of Record: For all future service, the Respondent's 

address of record and telephone number are: 

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1117 5 Georgia A venue, Apt. 603 

Wheaton, MD 20902 

TEL: 305-588-9397 

11. Prior to the next Telephone Conference date, if a party wishes to set up any type of 

telephone conference on the Judge's calendar, the party shall first confer with opposing 

counsel about mutually agreeable alternate dates, and then contact Attorney-Advisor 

Cody L. Smith 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. 

The movant shall be responsible for contacting the Office of Hearings. 

12. 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, at (202) 366-6941. 

Attachment: Service List 

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____________ .._......, ___ !~-
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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 2W1 0001 

Mr. William P. Vines, Esq. 

Complainant's Counsel 

Office of the Regional Counsel, ASO-7 

Southern Region 

Federal Aviation Administration 

P.O. Box 20636 

Atlanta, GA 30320 

TEL: 404-305-5200 

FAX: 404-305-5223 

Ms. Clelia Ayala 

Lay Respondent 

1117 5 Georgia A venue, Apt. 603 

Wheaton, MD 20902 

TEL: 305-588-9397 

Judge J .E. Sullivan 

U.S. Administrative Law Judge 

Office of Hearings, M-20 

ONE COPY 

U.S. Department of Transportation 

1200 New Jersey Avenue, S.E. (E11-310) 

Washington, DC 20590 

TEL: 202-366-2142 

FAX: 202-366-7536 

DocketNo. FAA-2012-0910 

(Civil Penalty Action) 

1 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. 

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