In The Matter Of: 

SERVED: September 30, 2013 

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U.S. DEPARTMENT OF TRANSPORTATION:i~PQ~Crf0l9~tc\ OFFICE OF HEARINGS -v:_';<c. l Or'thl-\l !Ul\J 

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Docket No. FAA-2013-0714 

EcoSMART TECHNOLOGIES, INC. 

) 

) 

) 

) 

) 

Case No. 2012GL700111 

Respondent 

ORDER SETTING RULE 16 LITIGATION SCHEDULING CONFERENCE, AND 

DIRECTING RULE 26(f) PLANNINGAND SUBMISSION 

1) Rule 16 Litigation Scheduling Conference: 

Pursuant to 14 C.F.R. § 13.205(a)(l) and (7) and Civ. R. 16, the parties shall appear by 

telephone on Tuesday, November 19,2013 at 1:30 p.m. Eastern time for a Rule 16 Litigation 

Scheduling Conference. During this Conference the parties will discuss the issues in the dispute, 

their jointly submitted proposed scheduling/discovery plan (see paragraph 2 iJ?fi'a) and respond 

to any questions regarding disagreements not resolved in the proposed plan. During the 

Conference a final scheduling/discovery plan will be ruled upon, as well as any other related 

matters pursuant to Rule 16( c). The Office of Hearings will contact the parties with the 

conference call number and passcode prior to the Conference. 

2) Parties' Rule 26(f) Planning Meeting and Submission of Proposed Discovery Plan: 

Pursuant to 14 C.P.R. § 13.217 and Civ. R. 26(f), prior to convening with the Judge for the 

Rule 16 Litigation Scheduling Conference, the parties shall privately conduct a Rule 26(f) 

planning meeting and prepare a jointly written proposed 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 of record and all unrepresented parties are jointly responsible for arranging the 

Rule 26(f) conference, and for attempting in good faith to agree on the proposed discovery plan. 

The parties' Rule 26(f) planning meeting shall include a good faith discussion about the 

nature and basis of each party's claims, the possibility of resolving all or part ofthe case, the 
scope and type of discovery (including electronic discovery) and the place of venue 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 of developing their proposed scheduling/discovery plan. 

The parties' planning meeting should also include discussion about the sequence and timing 

of follow-up discovery, including whether that discovery should be conducted in phases to 

prepare for any filing of particular motions (e.g., limiting scope oftrial, dispositive motions, etc). 

The deadlines in the parties' proposed scheduling/discovery plan should be mutually agreeable, 

with a view to achieving case resolution with a minimum of expense and delay. Any unresolved 

scheduling/discovery disputes should be clearly identified iri the proposed plan, so that these 

disputes may be addressed by the Judge during the Rule 16 Litigation Scheduling Conference. 

In addition to filing the proposed scheduling/discovery plan by regular mail filing with the 

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 of Hearings by fax, 

express carrier, or personal delivery. The certificate of service should reflect the manner of 

service. 

3) Conflicts with Rule 16 Litigation Scheduling Conference Date: 

If a party has an unavoidable conflict with the Scheduled Rule 16 Litigation Scheduling 

Conference set in paragraph 1 supra, and wishes to modify the date/time of the 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 of2 
SERVICE 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 2Wl0001 

Ms. Kate Barber 

Complainant's Counsel 

Office of Regional Counsel 

Great Lakes Region 

Federal Aviation Administration 

2300 East Devon Avenue, AGL-7 

Des Plaines, IL 60018 

TEL: 847-294-7862 

FAX: 847-294-7498 

ONE COPY 

Mr..Vern Kennedy, Chief Executive Officer 

EcoSMART Technologies, Inc., Respondent 

20 Mansell Ct., Ste. 375 

Roswell, GA 30076 

Judge J.E. Sullivan 

U.S. Administrative Lav.i Judge 

Office ofHearings, M-20 

U.S. Department of Transportation 

1200 New Jersey 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-Suite 2WIOOO, Washington, 

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