In The Matter Of: 

## SERVED: September 30, 2013**--~ ·-·-~--,;~\~rrtviiEt\~1**  

## OF U.S. DEPARTMENT OF

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DocketNo. FAA-2013-0714 EcoSMART TECHNOLOGIES, INC. ) ) ) ) ) Case No. 2012GL700111 Respondent



### ORDERSETTING RULE 16 LITIGATION SCHEDULING CONFERENCE,AND DIRECTING RULE 26(f) PLANNINGAND SUBMISSION 1) Rule 16 Litigation Scheduling Conference: Pursuantto 14 C.F.R. § 13.205(a)(l) and (7) and Civ. R. 16, the parties shall appearby telephone on Tuesday, November 19,2013 at 1:30 p.m. Easterntime 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 iJ?fi'a) and respond to any questions regarding disagreements not resolved in the proposedplan. During the Conference a final scheduling/discovery plan will be ruled upon, as well as any otherrelated matters pursuant to Rule 16(c). The Office ofHearings will contactthe parties withthe conference call number and passcode prior to the Conference.
2) Parties' Rule 26(f) Planning Meeting and Submission ofProposed Discovery Plan: Pursuantto 14 C.P.R. § 13.217 and Civ. R. 26(f),priorto 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, whichmust be completed and filed with the undersigned Judge on or before Tuesday, November 12, 2013 (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) planningmeeting shall include a good faith discussion about the nature and basis ofeach party's claims, the possibility ofresolving all orpart ofthecase, 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.F.R. § 13.217 andRule 26(±)(2) and (3) as part ofdeveloping their proposed scheduling/discoveryplan. The parties' planning meeting should also include discussion about the sequence andtiming offollow-up discovery, including whetherthat discovery should be conductedin phases to prepare for any filing ofparticular motions (e.g., limiting scope oftrial, dispositive motions, etc). The deadlines in the parties' proposed scheduling/discoveryplan should be mutually agreeable, with a view to achieving case resolution with a minimum ofexpense and delay. Any unresolved scheduling/discovery disputes should be clearly identified iri the proposed plan, so thatthese disputes may be addressedby the Judge during the Rule 16 Litigation Scheduling Conference. In additionto filing the proposed scheduling/discovery planby regular mail filing withthe Federal Aviation Administration Hearing Docket Clerk, the parties shall file a working copy of the scheduling/discovery plan with the undersigned Judge at the Office ofHearings by fax, express carrier, or personal delivery. The certificate ofservice should reflectthe manner of service.
3) Conflicts with Rule 16 Litigation Scheduling Conference Date: Ifa party has an unavoidable conflict with the Scheduled Rule 16 Litigation Scheduling Conference set in paragraph 1supra, and wishes to modify the date/time ofthe scheduled Conference, the party shall first confer with 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 of2SERVICE LIST ORIGINAL & ONE COPY Federal Aviation Administration 800 Independence Avenue, S.W. Washington, DC 20591 Attention: Hearing Docket Clerk, AGC-430 Wilbur Wright Building-Suite 2Wl000 1

Ms. Kate Barber Complainant's Counsel Office ofRegional Counsel Great Lakes Region Federal Aviation Administration 2300 EastDevon Avenue, AGL-7 Des Plaines, IL 60018 TEL: 847-294-7862 FAX: 847-294-7498 ONE COPY

Mr..Vern Kennedy, ChiefExecutive Officer EcoSMART Technologies, Inc., Respondent 20 Mansell Ct., Ste. 375 Roswell, GA 30076
Judge J.E. Sullivan U.S. AdministrativeLav.i Judge Office ofHearings, M-20 U.S. Department ofTransportation 1200 NewJersey Avenue, S.E. (El1-310) Washington, DC 20590 TEL: 202-366-2132 FAX: 202-366-7536 FDMS No. FAA-2013-0714 (Civil Penalty Action)

1 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-Suite2WIOOO, Washington, DC 20591, Attention: Hearing Docket Clerk, AGC-430.