In The Matter Of: 

## SERVED: September 25, 2013
U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS WASHINGTON, DC -.;gp 

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DocketNo. FAA-2013-0715 AIRPORT MAILERS, INC. ) ) ) ) 

### ) Case No. 2012S0700256 Respondent

ORDER SETTING RULE 16 LITIGATION SCHEDULING CONFERENCE, AND

\ DIRECTINGRULE 26(f) PLANNING AND SUBMISSION 1) Rule 16 Litigation Scheduling Conference: Pursuant to 14 C.P.R.§ 13.205(a)(1) and (7) and Civ. R. 16, the parties shall appearby telephone on

### Tuesday, November 19,2013 at 11:00 a.m. Eastern time for a Rule 16 Litigation Scheduling Conference. During this Conference the parties will discuss the issues in the dispute, .theirjointly submittedproposed scheduling/discovery plan (see paragraph 2 

### infra) and respond to any questions regarding disagreements not resolved inthe proposed plan. 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 priorto the Conference.
2) Parties' Rule 26(f) Planning Meeting and Submission ofProposed Discovery Plan: Pursuant to 14 C.P.R. § 13.217 and Civ. 

### R 26(f),priorto convening withthe Judge for the Rule 16 Litigation Scheduling Conference, the parties shallprivately conduct a Rule 26(f) planning meeting and prepare ajointly writtenproposed scheduling/ discovery plan, which must 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 arejointlyresponsible for arranging the Rule 26(f) conference, and for attempting in good faith to agree onthe proposed discovery plan. The parties' Rule 26(f) planning meeting shall include a good faith discussion aboutthe nature and basis ofeachparty's claims, the possibility ofresolving all or part ofthe case, thescope andtype 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 and Rule 26(£)(2) and (3) as part ofdeveloping their proposed scheduling/discovery plan. The parties' planning meeting should also include discussion about the sequence and timing offollow-up discovery, including whether that discovery should be conducted inphases to prepare for any filing ofparticular motions (e.g., limiting scope oftrial, dispositive motions, etc). The deadlines inthe parties' proposed scheduling/discovery plan should be mutually agreeable, with a viewto achieving case resolution with a minimum ofexpense and delay. Any unresolved scheduling/discovery disputes should be clearly identified inthe proposedplan, so thatthese disputes may be addressed bythe Judge during the Rule 16 Litigation Scheduling Conference. In addition to filing the proposed scheduling/discovery planbyregular mail filing withthe Federal Aviation Administration Hearing Docket Clerk, 

### the parties shall file a working copy of the scheduling/discovery planwith the undersigned Judge atthe Office ofHearings by fax, express carrier, orpersonal delivery. The certificate ofservice shouldreflect the manner of service.
3) Conflicts with Rule 16 Litigation Scheduling Conference Date: Ifa party has anunavoidable conflict with the Scheduled Rule 16 Litigation Scheduling Conference set inparagraph 1

### supra, and wishes to modify the date/time ofthe scheduled Conference, 

### the party shall first conferwith opposing counsel about mutually agreeable alternate dates, and then contactMr. Cody L. Smith, Attorney-Advisor atthe 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 of2Federal Aviation Administration 800 Independence Avenue, S.W. Washington, DC 20591 SERVICE LIST FDMS No. FAA-2013-0715 (Civil Penalty Action)

ORIGINAL & ONE COPY

Attention: Hearing Docket Clerk, AGC-430 Wilbur Wright Building-Suite 2W1000 1



### Mr. James H. Dunfee, Jr. 

### Complainant's Counsel Office ofRegional Counsel, Southern Region,

AS0-7 Federal Aviation Administration P.O. Box 20636 Atlanta, GA 30320 TEL: 404-305-5200 FAJ{: 404-305-5223 

### Mr. John F. Hanzel 

### Respondent's Counsel John F. Hanzel, P.A. 19425-G Liverpool Parkway Cornelius, NC 28031 TEL: 704-892-1375 FAJ{: 704-892-5784 

### Mr. John L. Wright 11705 Airport Way, Suite 307 Bloomfield, CO 80021
Judge J.E. Sullivan 

### US. Administrative Law Judge Office ofHearings, M-20 U.S. Department ofTransportation 1200 NewJersey Avenue, S.E. (Ell-310) Washington, DC 20590 TEL: 202-366-2132 FAJ{: 202-366-7536 ONE COPY

President Airport Mailers, Inc., 

### Respondent 13420 Reese Blvd. W. Huntersville, NC 28078

President Airport Mailers, Inc., 

### Respondent P.O. Box 2965 Huntersville, NC 28070

1 Service was by U.S. Mail. For service in person orby expedited courier, use the following address: FederalAviation Administration, 600 Independence Avenue, S.W., Wilbur Wright Building-Suite 2W1000, Washington, DC 20591, Attention: Hearing Docket Clerk, AGC-430.