SERVED: June 6, 2013 

U.S. DEPARTMENT OF TRANSPORTATION -

OFFICE OF HEARINGS 

WASHINGTON, DC .. ;] ~:r: -l ,1, c;: 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. 

On May 28, 2013, the parties filed Parties Proposed Discovery Plan. 

On June 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 Start Date. On or before July 1, 2013, the parties 

shall begin exchanging or serving additional general discovery requests pursuant to CR 

26- CR 36 and 14 C.P.R. §13.220(b) and (e). This includes, but is not limited to: notices 

of deposition; subpoenas duces tecum; propounding interrogatories; requests for 

production of documents; the disclosure of expert testimony pursuant to CR 26(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 of an interrogatory 

shall be counted as a separate interrogatory. 

Page 1 of4 
4. 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 of the 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 of the 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 or before August 6, 2013, the parties 

shall exchange expert rebuttal disclosures. 

7. September 20,2013: DeadHne for Completing General Discovery. The last date for 

both parties to finish responding and serving answers to all additional general discovery 

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

is not limited to, the taking of depositions and serving responses to all Requ~sts for 

Discovery. 

8. September 20, 2013: Deadline to File Amendments to Pleadings: The last date for the 

parties to file any amendments to the pleadings. 

9. September 27,2013: Supplemental Discovery Request Deadline. The last date for 

both parties to complete exchange of all supplemental discovery requests based on the 

general discovery exchange, including but not limited to the notices of supplemental 

depositions, and other requests. 

10 .. 0ctober 11,2013: Deadline for Completing Supplemental Discovery. Deadline for 

both parties to finish taking supplemental depositions, and responding to and serving 

answers to all supplemental discovery requests pursuant to CR 26 - CR 36 and 14 C.F .R. 

§ 13 .220(i). 

11. October 25,2013: 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 (if any). 

12. January 23,2014: 1:30 p.m.-2:30p.m. EST. Telephone conference for oral argument 

on dispositive motions. N.B. If the parties do not file dispositive motions, then this 

Telephone Conference will be automatically converted and held as a Pre-Hearing Status 

Conference. 

13. February 20,2014: 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 ofthe parties) at the FAA offices in the Chicago area for a final settlement 

conference. 

Page 2 of4 
14. March 10,2014: 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). 

15. March 2S, 2014: Written Stipulations and/or Motions in Limine due date. The 

deadline for filing written stipulations and/or Motions in Limine. 

16. AprilS, 2014-April9, 2014: Hearing dates. 

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

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 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 relevant 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. 

The Civ. R. 37(a)(l) 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 service 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 must have 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 of4 
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 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 of all evidence. 

G. Prior to the hearing date(s), 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 Mr. Cody L. 

Smith, Attorney-Advisor, 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. 

H. Stipulated Venue: The parties agreed that the venue location for the hearing is 

Detroit, Michigan. 

I. Attorney Withdrawal: Pursuant to 14 C.F .R. § 13.218, an attorney who wishes to 

withdraw from representing a party must file a Motion to Withdraw. In this Motion, In this 

Motion, the attorney shall confirm the following: 

1. The date the Respondent was served with written notice of the attorney's intent to 

withdraw; 

2. The name ofthe designated agent/lay representative if the Respondent in the action is 

a business entity; 

3. The current business address, telephone number, and fax number of the Respondent 

and of its designated agent; 

4. A statement that the Respondent has been notified in writing of the pending hearing 

dates in this litigation, as well as the pending pre-hearing discovery deadlines and 

telephone conferences; and 

5. A statement that the Respondent has been provided a copy of all Orders issued in this 

litigation, as well as any other legal documents to which the Respondent is entitled. 

J. 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 (202-366-6941). 

Attachment: Service List 

Page4of4 
SERVICE LIST- BY U.S. MAIL 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

ORIGINAL & ONE COPY 

Washington, DC 20591 

Attention: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building-Suite 2Wl 0001 

Mr. Brian K. Khan, Esq. 

Complainant's Counsel 

Office of the Regional Co tinsel 

Federal Aviation Administration 

2300 East Devon A venue, AGL-7H 

Des Plaines, IL 600 18 

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. Administrative Law Judge 

Office ofHearings, M-20 

U.S. Department of Transportation 

1200 New Jersey A venue, S.E. (E 11-31 0) 

Washington, DC 20590 

TEL: 202-366-2142 

FAX: 202-366-7536 

ONE COPY 

FDMS No. FAA-2013-0047 

(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-Suite 2WIOOO, Washington, 

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