## SERVED: June 

## 6, 2013

U.S. DEPARTMENT OFTRANSPORTATION

- OFFICE OFHEARINGS WASHINGTON, DC



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## -l ,1, 

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## 31

In The Matter Of: FACILITY SOLUTIONS, INC. Respondent ) ) ) ) ) DocketNo. PAA-2013-0047 Case No. 2012NE700128

ORDER SETTING LITIGATION DATES AND PROCEDURES On April2, 2013, an Order Setting Rule 16 Litigation Scheduling Conference and Directing Rule 26(t) Planning and Submission was filed. On April15, 2013, Respondent filed Respondent's Answer to the Complaint. OnMay 28, 2013, the parties filed Parties Proposed Discovery Plan. OnJune 6, 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.P.R. §13.205(a)(l), (6) and (7), Civ. R. 16, 14 C.P.R. §13.217, and 14 C.P.R. §13.220, and after reviewing all relevant caselaw, regulation, statutory authority, and being fully advised;

IT IS HEREBY ORDERED: A. The litigation dates and hearing dates are hereby set as follows 1. June 20, 2013: Deadline for Initial Disclosures. The last date for the parties to serve each other with initial disclosures pursuant to Civ. R. 26(a)(l)(A). 2. July 1, 2013: General Discovery StartDate. On or before July 1, 2013, the parties shallbegin exchanging or serving additional general discovery requests pursuant to CR 26- CR36 and 14 C.P.R. §13.220(b) and (e). This includes, but is not limited to: notices ofdeposition; subpoenas 

### duces tecum; propounding interrogatories; requests for production ofdocuments; the disclosure ofexpert testimony pursuant to CR26(a)(2), etc

.. 3. Service oflnterrogatories. Pursuant to 14 C.P.R. §13.220(k)(1 ), a party shall not serve more than thirty (30) interrogatories to each other, and each subpart ofan interrogatory shall be counted as a separate interrogatory.

Page 1 of44. Objections to, and Motions Regarding, Interrogatories. Pursuant to 14 C.F.R. 

### § 13.220(k), any objection(s) to interrogatories shall be filed within 

### ten (10) days after receipt ofthe interrogatories. Pursuant to 14 C.F.R. § 13.220(m) and Paragraph D herein, any motions to compel for deficient interrogatory response(s) shall be filed within 

### ten (10) days after receipt ofthe objection or deficient answer. 5. 

### July 22, 2013: Initial Expert Disclosures. On or before July 22, 2013 the parties shall exchange initial expert disclosures. 6. 

### August 6, 2013: Expert Rebuttal Disclosures. On orbefore August 6, 2013, the parties shall exchange expert rebuttal disclosures. 7. 

### September20,2013: DeadHne for Completing General Discovery. The last date for bothparties to finish responding and serving answers to all additional general discovery requests pursuant to CR26- CR 36 and 14 C.F.R. §13.220(b) and (e). This includes, but is not limited to, the taking ofdepositions and servingresponses to all**Requ~sts** for Discovery. 8. 

### September20, 2013: Deadline to File Amendments to Pleadings: The last date for the parties to file any amendments to the pleadings. 9. 

### September 27,2013: SupplementalDiscovery Request Deadline. The last date for bothparties to complete exchange ofall supplemental discoveryrequests based on the general discovery exchange, including butnot limitedto the notices ofsupplemental depositions, and otherrequests. 10

..

### 0ctober 11,2013: Deadline for Completing SupplementalDiscovery. Deadline for bothparties to finish taking supplemental depositions, andresponding to and serving answers to all supplemental discovery requests pursuantto CR26

- CR 36 and 14 C.F.R. 

### §13.220(i). 11. 

### October25,2013: Deadlines 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) 

### November 8, 

### 2013: Deadline for filing Answer to Dispositive Motion(s); b) 

### November 15,2013: Deadline for filing Reply (ifany). 12. 

### January 23,2014: 1:30 p.m.-2:30p.m. EST. Telephone conference for oral argument ondispositive motions. N.B. Ifthe parties do not file dispositive motions, thenthis Telephone Conference will be automatically converted and held as a Pre-Hearing Status Conference. 13. 

### February20,2014: Final Settlement Conference. The parties, including counsel and those with authority to settle, shall meet on February 20, 2014 (at a time to be determined by agreement oftheparties) at the FAA offices inthe Chicago area for a final settlement conference. Page 2 of414. 

### March 10,2014: List ofWitnesses/Exchange ofExhibits due date. The last date for eachparty to serve and file the following: a) A list ofthe witnesses the partyintends to**call~** b) A short statement ofthe testimony expected from each such witness; c) The resume ofeach 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). 15. 

### March 2S, 2014: Written Stipulations and/orMotions 

### in Limine due date. The deadline for filing written stipulations and/or Motions in Limine. 

### 16. AprilS,2014-April9,2014: Hearingdates. Based on the parties' agreement, the Hearing will take two (2) days or less. The Hearing will begin on 

### Tuesday, AprilS, 2014 (9:00a.m-5:00p.m. EST) in Detroit, Michigan and end on 

### Wednesday, April9, 2014 (9:00 a.m.-5:00p.m. EST). The specific location ofthe Hearing will be provided to the parties priorto the Hearing. B. Requests for modification ofthe litigation dates set forth in paragraph A maybe made by written Motion. Before filing such a Motion, however, the party seeking the modification shall contactthe 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. C. Discovery requests or documents complying with discovery requests need notbe filed inthis case with the Office ofHearings, except as part ofa motionregarding disputed discovery, oras part ofa motionto compel discovery. D. Any Motions regarding discovery, including a Motionto Compel Discovery, must be filed within 

### ten (10) calendar days after service ofa deficient response orafter the response to the discovery is due, whichever occurs first. Motions to Compel and other discovery motions must be accompaniedbythe relevant discovery requests and responses, and a declarationbythe moving party, pursuant to Civ. R. 37(a)(l), that the movant has conferred or attempted to confer in good faith withthe party alleged to have failed to make discovery or disclosure. The Civ. R. 37(a)(l) declaration shall specifically indicate the efforts made bythe movantto resolve the dispute and identify which discovery matters remain in dispute. Statements in oppositionto discovery motions must be filed within 

### ten (10) calendar days after service of the motion. The failure to timely file objections to discovery may result in the objections being deemed waived. Belated service ofburdensome discovery requests may also be grounds for denial ofa motion to compel compliance with such requests. E. Eachparty must bring to the hearing at least three copies ofany documents it intends to offer inevidence as exhibits (one for the Judge and two for the official reporter). 

### The exhibits musthave 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," R2," "R-3," etc. Page 3 of4F. At the hearing, there will be the opportunity for direct examination, crossexamination, redirect examination and re-cross-examination ofeach witness. Only one representative ofa party may cross-examine a witness onbehalfofthatparty. Pursuantto 14 C.P.R. §13.205 and 14 C.F.R. §13.222, the Federal Rules ofEvidence will be utilized as a guideline in determining the admission ofall evidence. G. Priorto the hearing date(s), ifaparty wishesto schedule oral argument on any motion, or set up any type oftelephone conference on the Judge's calendar, the party shall first confer with opposing counsel about mutually agreeable alternate dates, and then Mr. Cody

### L. Smith, Attorney-Advisor, atthe 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. H. 

### Stipulated Venue: The parties agreed that the venue location for the hearing is Detroit, Michigan. I. 

### AttorneyWithdrawal: Pursuantto 14 C.F.R. §13.218, an attorney who wishes to withdrawfrom representing a partymust file a Motion to Withdraw. In this Motion, Inthis Motion, the attorney shall confirm the following: 1. The date the Respondent was served with written notice ofthe attorney's intent to withdraw; 2. The name ofthe designated agent/lay representative ifthe Respondent inthe action is a business entity; 3. The current business address, telephone number, and fax number ofthe Respondent and ofits designated agent; 4. A statementthat the Respondent has beennotified in writing ofthe pending hearing dates inthis litigation, as well as the pending pre-hearing discovery deadlines and telephone conferences; and 5. A statementthat the Respondenthas been provided a copy ofall Orders issued inthis litigation, as well as any other legal documents to which the Respondent is entitled.

J. 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 (202-366-6941).

Attachment: Service List

Page4of4SERVICE LIST- BYU.S. MAIL

Federal Aviation Administration 800 Independence Avenue, S.W. ORIGINAL & ONE COPY Washington, DC20591 Attention: Hearing Docket Clerk, AGC-430 Wilbur Wright Building-Suite 2Wl000 1

Mr. Brian K. Khan, Esq. Complainant's Counsel Office ofthe Regional Cotinsel Federal Aviation Administration 2300 East Devon Avenue, AGL-7H Des Plaines, IL 60018 TEL: 847-294-7652 FAX: 847-294-7498 Mr. Roy J. Transit, Esq. Respondent's Counsel P.O. Box 1578 Royal Oak, MI 48068-1578 TEL: 586-491-6822 FAX: 248-564-0940 Judge J.E. Sullivan US. AdministrativeLawJudge Office ofHearings, M-20 U.S. Department ofTransportation 1200 NewJersey Avenue, S.E. (E 11-310) Washington, DC 20590 TEL: 202-366-2142 FAX: 202-366-7536 ONE COPY FDMS No. FAA-2013-0047 (Civil PenaltyAction)

1 Service was by U.S. Mail. For service in person orby expedited courier, use the following address: Federal Aviation Administration, 600 IndependenceAvenue, S.W., Wilbur Wright Building-Suite 2WIOOO, Washington, DC 20591; Attention: Hearing Docket Clerk, AGC-430.