In The Matter Of: CLELIA AYALA Respondent 

## SERVED: February 13,2013 U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS WASHINGTON, DC ) ) ) ) )


### ORDER DocketNo. FAA-2012-0910 Case No. 201080290061



### SETTING DISCOVERY DEADLINES AND PROCEDURES i ·:; l..J

OnDecember 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. CleliaAyala, telephonedthe Office of Hearings (OH) and asked for guidance onhow to comply withthe December 10,2012 Order. The following day, onDecember 13, 2012, the OH attorney stafftelephoned Ms. Ayalaand answered all her questions. Among otherthings, Ms. Ayala was advised to contact the FAA attorney and participate inthe development ofa litigation**schedule~** as directed inthe December 10,2012 Order. OnFebruary 5, 2013, a DraftJoint Section 13.217/Rule 26(f) Report Submittedby ComplainantFAAwas filed. OnFebruary 12,2013,the parties appearedby 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 onFebruary 13, 2013, the FAA shall fax to the OH copies ofthe following: a) The attachment Ms. Ayalareferenced and submitted inher October 26, 2012 Letter; and b) The FAA's March 

### 8, 2011 Notice of Civil Penalty Assessment. 

## 2: 

## 332. 

### March 15,2013: On orbefore March 15,2013 the FAA shall serve the Respondent, Ms. Ayala, with 

### a: copy ofits discoverable evidentiary file, which includes copies ofthe 15 statements madeby other passengers aboard Flight 9191 onDecember 29, 2009 (the date ofthe alleged incident). 3. 

### AprilS, 2013 Exchange ofWritten Discovery Requests: Onorbefore April5, 2013 the FAA and the Respondent, Ms. Ayala, will serve each other with written requests for discovery pursuantto 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 ofdocuments, requests for admission, etc. In addition, the parties may also mutually agree to exchange additional information for purposes ofsettlement negotiations. 4. Pursuantto 14 C.P.R. §13.220(k)(l), a party shall not serve more thanthirty (30) interrogatories to each other. Each subpart ofan 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 ofHearings, except as part ofa motion regarding disputed discovery, or as part ofa motionto compel discovery 6. 

### May 3, 2013 WrittenAnswers to Discovery Requests Due: On orbefore 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 Motionto Compel Discovery, must be filed within 

### ten (10) calendar days after service ofa deficient response or afterthe 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 bythe moving party, pursuantto Civ. R. 37(a)(l), thatthe 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 ofthe case, and be preparedto participate in further litigation scheduling. 9. Requests for modification ofthe 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 ofthis discussion shall be included by the movant in the Motion.
10. 

### Updated Respondent Address ofRecord: For all future service, the Respondent's address ofrecord and telephone number are:
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## ----------------------------------~--------

### 11175 

### GeorgiaA

### venue, Apt. 603 Wheaton, MD 20902 TEL: 305-588-9397
11. Prior to the next Telephone Conference date, ifaparty 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 thencontact Attorney-Advisor Cody L. 

### Smith 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. The movant shall be responsible for contacting the Office ofHearings. 12. For clarifications ofthis 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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SERVICELIST- 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 2W10001



### Mr. William P. Vines, Esq. 

### Complainant's Counsel Office ofthe 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 11175 Georgia A venue, Apt. 603 Wheaton, MD 20902 TEL: 305-588-9397 Judge J.E. Sullivan 

### U.S. Administrative LawJudge Office ofHearings, M-20 ONE COPY



### U.S. Department ofTransportation 1200New 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 orby 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. Page4 of4

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