SERVED MARCH 1,2012 ,, ,„.,p,,^„, 

U.S. DEPARTMENTOFTRANSPORTATION- J.^ft'^^O^lrrvW^^ 

OFFICE OF HEARINGS •' ''^•^^' -'' -'^^''^'^^ 

WASHINGTON, DC ,^,^ ^.^^ ^. , ^ 2: 5G 

[N THE MATTER OF: 

CLIFFORD PRESS, 

Respondent 

DOCKET NO. FAA-2011 -1006 

Case No. 2011 EAl 50045 

ORDER 

SETTING LITIGATION DATES AND PROCEDURES 

On Wednesday, February 29, 2012, the parties appeared by telephone for a 

Litigation Scheduling Conference, and discussed their calendar availability and other 

litigation procedural issues. That same day, shortly after the Litigation Scheduling 

Conference concluded, the Office of Hearings contacted both the parties by telephone, 

and asked if the parties would agree to set the Telephone Conference for Oral Argument 

on Dispositive Motion(s) on February 21, 2013 at 10:00am EST. Both parties agreed. In 

addition, the parties advised the Office of Hearings that they would provide notification 

of the place of venue for the hearings when discovery was complete. Pursuant to 14 

C.F.R. § 13.205(a)(1), (6) and (7), Civ. R. 16, and 14 CT.R. §13.220(k)(I), It is Hereby 

Ordered: 

A. The litigation dates and hearing dates are hereby set as follows: 

1. March 30, 2012: Initial Discovery exchange deadline. The last date for the 

parties to serve each other with initial discovei^ requests. 

2. Pursuant to 14 C.F:R.§13.220(k)(I), a party shall not serve more than thirty (30) 

interrogatories to each other, and each subpart of an interrogatory shall be counted 

as a separate interrogatory. 

3. April 30, 2012: Deadline for Responses to Initial Discovery requests. The due 

date for the parties to respond to initial discovery requests. 

4. November 30, 2012: Deadline to complete all supplemental discovery, including 

but not limited to the taking of all depositions, and the exchange of any/all 

documentation after the conclusion of depositions. 

5. November 30, 2012: Deadline for the parties to provide written notification of 

the place of venue for the hearings. If the parties remain in dispute, they shall 
contact the Office of Hearings per Paragraph G infra, and schedule a Telephone 

Conference on the matter. 

6. January 18, 2013: Deadline for any/all pre-hearing motions, including 

Dispositive Motions and/or Summary Judgment Motions. 

a) February 4, 2013: Answer due date; 

b) February 15, 2013: Reply due date; 

c) February 21,2013: 10:00am - 11:00am EST Telephone Conference for 

Oral Argument on Dispositive Motion(s); 

d) February 28, 2013: Written decision due date. 

7. March 8, 2013: List of Witnesses Exchange of Exhibits due date. The last date 

• for each party to 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 of each witness who will be offered as an expert; and 

d) The documents the party intends to offer in evidence (pre-marked as noted in 

.. paragraph E, infra). 

8. Tuesday, April 23, 2013 - Thursday, April 25, 2012: Hearing dates. 

the Hearing will begin on Tuesday, April 23, 2013 (9:00am-4:30 pm) in 

the venue to be provided (see paragraph A(5) supra). The location of the 

Hearing will be provided to the parties prior to the Hearing. The Hearing will 

continue on April 24, 2013 (9:00am-4:30pm) and finish on April 25, 2013 

(9:00am-4:30pm). 

B. Requests for modification of the litigation dates set forth in paragraph A 

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. 

C. 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. 

D. Any Motions regarding discovery, including a Motion to Compel 

Discovery, must be filed within ten (10) calendar days after receipt 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)(1), that the 

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

failed to make discovery or disclosure. The Civ. R. 37(a)(1) declaration shall specifically 

indicate the efforts made by the movant to resolve the dispute and identify which 

discovery matters remain in dispute. Statements in opposition to discovery motions must 

be filed within ten (10) calendar days after receipt of the motion. The failure to timely 
file objections to discovery may result in the objections being deemed waived. Belated 

service of burdensome discovery requests may also be grounds for denial of a motion to 

compel compliance with such requests. 

E. Each party must bring to the hearing at. least three copies of any 

documents it intends to offer in evidence as exhibits (one for the Judge and two for the 

official reporter). The exhibits 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, " RT2," 

"R-3,"etc. 

F. At the hearing, there will be the opportunity for direct examination, crossexamination, redirect examination and re-cross-examination of each witness. Only one 

representative of a party may cross-examine a witness on behalf of that party. Pursuant to 

49 C.F.R. §386.56, the Federal Rules of Evidence will be followed. 

G. prior to the hearing dates, if a party wishes to schedule oral argument on 

any motion, or 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 C. Diane Mays at the Office of Hearings (202-366-2132) as soon as possible, 

with at least tliree (3) mutually-agreed, proposed alternate dates/times for the Judge's 

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

H. For clarifications of this order or questions with regard to the procedures 

to be followed in this proceeding, please contact the Office of Hearings and ask for 

Attorney Priya Krishna at (202) 366-6941 or Administrative Assistant C. Diane Mays at 

(202)366-2132. 

II van 

fistrative Law Judge 

Attachment: Service List 
r 

FDMS NO. FAA-201M006 

(Civil Penalty Action) 

SERVICE LIST 

ORIGINAL & ONE COPY 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Washington, DC 20591 

Attention: Hearing Docket Clerk, AGC^3 0 

Wilbur Wright Building—Suite 2WI000' 

ONE COPY 

Clifford Press, Respondent 

1120 Fifth Avenue 

New York NY 10128 

TEL: 212-427-2323 

Kathleen A. Yodice, Respondent Vv Counsel 

Yodice Associates 

411 Aviation Way, Suite 245 

Frederick MD 21701 

TEL: 301-695-2300 

FAX: 301-695-2151 

Judith L. Vaughan, Complainant's Counsel 

Office of the Regional Counsel, AEA-7 

Eastern Region 

Federal Aviation Administrafion 

1 Aviation Plaza, Room 561 

Jamaica, NY 11434 

TEL: 718-553-3255 

FAX: 718-995-5699 

The Honorable J.E. SwXWvoxi, Administrative Law Judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

1200 New Jersey Avenue, S.E. 

Washington, DC 20590 

TEL: 202-366-2132 

FAX: 202o66-7536 

' 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 2W1000, Washington, 

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