In The Matter Of: 

## SERVED: NOVEMBER 5, 2015

U.S. DEPARTMENT OF TRANSPORTATION OFFICE OFHEARINGS WASHINGTON, DC

DocketNo. FAA-2015-2440 COMPASS SYSTEMS & SALES, INC. ) ) ) ) ) Case No. 2014-GL-70-0239 Respondent

ORDERSETTING LITIGATION DATES AND PROCEDURES

OnAugust 13, 2015, an Order Setting a Rule 16 Litigation Scheduling Conference, and Directingthe Parties to Confer and File a Rule 26(f) Proposed Discovery Planwas filed. On October 29, 2015, the parties filed the Parties Proposed Discovery Plan. OnNovember 4, 2015, the parties appeared by telephone for the Rule 16 Litigation Scheduling Conference, and discussed the parties' discovery plan, their calendar availability, hearing dates, and other litigationprocedural matters. Pursuant to 14 C.F.R. §§ 13.205(a)(1), (6), (7),; 13.220; and Civ. R. 16, and after reviewing all relevant caselaw, regulations, statutory authority, and being fully advised;

IT IS HEREBY ORDERED: A. The litigation dates, discovery procedures, and hearing dates are hereby set as follows: 1. November 20, 2015: Deadline for InitialDisclosures. To ensure thatthe parties have sufficienttime to address all issues in dispute, on orbefore November 20, 2015, the parties shall serve each other with initial disclosures (as described in Civ. R. 26(a)(1)(A)(i), (ii), and (iii)) without waiting for a specific discovery request. 2. On orbefore November23,2015: GeneralDiscovery Initiated. Pursuant to 14 C.F.R. § 13.220(a), the parties may have already begun conducting general discovery. Ifnot, then to ensure full use ofthe discovery time allotted inthis case, the parties shall begin exchanging or serving general discovery requests on orbefore November 23, 2015, pursuantto 14 C.F.R. §13.220 (b), (c), (d) and (e). General discovery includes, butis not limited to: notices ofdeposition; requests for production ofdocuments; propounding interrogatories; requests for admission; etc. A party shall respond to a general discovery request no laterthan30 days after service ofthe request, unless otherwise agreed by the parties. Discovery requests must be served sufficiently early inthe discovery period to permitthe service ofresponses thereto prior to the deadline for completing general discovery.3. Service oflnterrogatories. Pursuantto 14 C.P.R. 

### § 13.220(k)(l), a party shall not serve more thanthirty (30) interrogatories upon each other. Each subpart ofaninterrogatory shall be counted as a separate interrogatory.

a. Objection(s) to Interrogatories. Pursuant to 14 C.F.R. 

### § 13.220(k), any objection inresponse to an interrogatory must include the reason(s) supporting the objection. 4. Motions to Limit Discovery upon Receipt ofDiscovery Request: A party served with a discovery request who seeks to limit discovery pursuantto 14 C.F.R. 

### § 13.220(f), (g), and (h), shall file a Motion for Reliefwithin ten (10) days after service ofthe disputed discovery request.

a. GoodFaithDeclaration Included: The Motion must include a declarationbythe moving party, confirming that the movant has already conferred orattempted to conferin good faith withthe opposing party regarding the disputed discovery or disclosure, to try and resolve the matterinformally, priorto seeking courtrelief. b. Copy ofDisputed Discovery: Pursuant to 14 C.F.R. 

### § 13.220(b), only a copy of the disputed discovery, in support ofthe motion, shouldbe attached to the Motion orthe Response.

c. Response to Motionto Limit Discovery: Any Response to the Motion shouldbe filed no later than ten (10) days after service ofthe Motion. 5. Motions to Compel Discovery: A party seeking to compel discovery must file a Motion to Compel within ten (10) days after service ofa deficient response orafterthe response to the discovery was due, whichever occurs first.

a. Procedure for Motion: Any Motion and/or Response to Compel Discovery shall be filed inthe same manner as directed for Motions to Limit Discovery (paragraph4 (a)-(c) above). 6. Retained/Hired orEmployeeExpertWitness Disclosures. Ifa party retains orhires a witness to provide experttestimony, or a party intends to utilize thetestimony ofan employee to give experttestimony-thenthe party intendingto offer suchwitness shall disclose this retained oremployee expert witness to the opposing side pursuant to the timeline below. The expert witness disclosure shall includethe name ofthe witness, the witness's expertresume orqualifications, and the witness's writtenreport or statement of opinion (including disclosure ofthe basis ofthat opinion). a) FAA Expert Disclosure Deadline: December 11, 2015. b) Respondent Expert Disclosure Deadline: December 18,2015. c) ExpertRebuttal Reports Deadline: January 15, 2016.

Page 2 ofS7. Duty to Supplement or Amend Discovery. Pursuant to 14 C.P.R. § 13.220(i), a party who has responded to a discovery request in this case has a duty to supplement or amend the response throughout the litigation period, as soon as the information is known. 8. January 29,2016: Deadline for Laches/Estoppel Motions: Ifthe Respondent intends to rely upon the affirmative defenses oflaches or equitable estoppel, the Respondent shall file motions for reliefbased on those defenses, with any supportive evidence and legal authority, on or before January 29, 2016. 9. March 16,2016: Deadline for Completing General Discovery. On orbefore March 16, 2016, the parties shall finish responding and serving answers to all general discovery requests pursuant to 14 C.P.R.§ 13.220. This includes the taking offact witness and expert witness depositions, pursuant to 14 C.P.R.§ 13.2200). 10. April22, 2016: Deadline 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) May 6, 2016: Deadline for filing Answerto Dispositive Motion(s); b) May 20, 2016: Deadline for filing Reply (ifany). 11. Telephone Motion Conference: June 8, 2016 (10:30 a.m.-12:00 p.m. ET). The parties shall convene by telephone for oral argument on any filed dispositive motions onJune 8, 2016 (10:30 a.m.-12:00 p.m. ET). N.B. Ifthe parties do not file dispositive motions, then this Telephone Conference will be automatically converted and held as a Pre-Hearing Status Conference. The parties shall access the Court's Conference line by calling 202- 493-2343. 12. July 8, 2016: List ofWitnesses/Exchange ofExhibits. On orbefore July 8, 2016, the parties will file the following: a) A list ofthe witnesses the party intends to call; b) A short statement ofthe testimony expected from each such witness; c) The resume or statement ofqualifications ofeach witness who will be offered as an expert; d) The documents the party intends to offer in evidence (pre-marked as noted in paragraphE, infra); and e) Anindex cover sheet with a briefdescription ofeach document. 13. July 8, 2016: Written Stipulations and/or Agreed Motions 

### in Limine. On orbefore July 8, 2016, the parties shall file any written stipulations that narrowthe factual orlegal issues, and/or that are agreedMotions inLimine. 14. July 20,2016 (10:30 a.m.-12:00 p.m. ET). Final Pre-Hearing Conference. Theparties shall meet by teleconference on July 20, 2016 (10:30 a.m.-12:00 p.m. ET), for a final prehearing conference. The parties shall access the Court's Conference line by calling 202- 493-2343.

Page 3 ofS15. August 2, 2016 and August 3, 2016: Hearing Dates. Based onthe parties' agreement, the Hearing will take two (2.0) days or less. The Hearing will begin on August 2, 2016 (9:00 a.m-5:00 p.m. ET) inthe Cleveland, Ohio area. The Hearing will continue on August 3, 2016 (9:00 a.m-5:00 p.m. ET) and conclude onthat day. The city ofCanton, Ohio will be utilized as a second venue if courtroom space is not available in Cleveland, Ohio. The specific location ofthe Hearing will be provided to the parties prior to the Hearing. B. Discovery Requests and Exchanges: Discovery requests and exchanges need not be filed withthe Office ofHearings, except as part ofa motion regarding limited discovery, disputed discovery, or as part ofa motionto compel discovery. C. Failure to Move for Timely Relief/Late Service ofDiscovery: The failure to timely respond to discovery requests, and/or to timely move for relief regarding discovery disputes during the discovery period, may result in a finding that the party has, through its actions, waived its right to relief. Late service ofdiscovery requests may also be grounds for denial ofa motion to compel compliance with suchrequests. D. Scheduling Motion or Pre-Hearing Conferences onthe Judge's Calendar: Priorto the Hearing date(s), ifa party wishes to schedule oral argumenton any motion, or set up any type ofpre-hearing telephone conference on the Judge's calendar, the party shall first confer with opposing counsel about mutually agreeable alternate dates. The movant shall next contact Mr. Cody L. Smith, Attorney-Advisor, at the 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. E. Exhibits Brought to the Hearing: Eachparty must bring to the Hearing at least three copies ofany documents it intends to offer in evidence as exhibits (two for the Judge and one for the court reporter). The exhibits must have an index cover sheet, and should be pre-marked and tabbed. Complainant's exhibits should be marked "C-1," "C-2," "C-3," etc. Respondent's exhibits should be marked "R-1," R-2," "R-3," etc. F. Examination Process at the Hearing: At the Hearing, there will be the opportunity for direct examination, cross-examination, and redirect examination ofeach witness. Only one representative ofa party may direct or cross-examine a witness on behalfofthat party. Pursuant to 14 C.F.R. 

### § 13.205 and 14 C.F.R. § 13.222, the Federal Rules ofEvidence may be utilized as helpful guidance in determining the admission ofevidence. G. Attorney Withdrawal: Pursuant to 14 C.F.R. § 13.218, an attorney who wishes to withdraw from representing a party must file a Motionto Withdraw. Inthis Motion, the attorney shall confirm the following:

Page 4 ofS1. The date the Respondent was served with written notice ofthe attorney's intentto withdraw; 2. The name ofthe designated agent/lay representative ifthe Respondent inthe action is a business entity; 3. The currentbusiness address, telephone number, and fax number ofthe Respondent and ofits designated agent; 4. A statementthatthe Respondent has been notified in writing ofthe pending hearing dates in this litigation, as well as the pending pre-hearing discovery deadlines and telephone conferences; and 5. A statementthat the Respondent has been provided a copy ofall Orders issued in this litigation, as well as any other legal documents to whichthe Respondent is entitled. H. CourtFiling ofExhibits with the Hearing Docket: All Exhibits thatthe parties have moved for admission during the Hearing will be attached to the court transcript and filed by the court reporter. I. Requests for Modification ofthis Order: Any requests for modification ofthe litigation dates and procedures set forth in this Order should be made by written Motion. The parties may also file an agreed writtenrequest. J. Clarification or Questions: For clarifications ofthis order or questions withregard to the procedures to be followed in this case, please contact Mr. Cody L. Smith, Attorney-Advisor, at the Office ofHearings (202-366-6941).

Attachment: Service List Judg U.S.

Page 5 ofS

### SERVICE LIST- BY U.S. MAIL ORIGINAL & ONE COPY Federal AviationAdministration 800 Independence Avenue, S.W. Washington, DC 20591 Attention: Hearing Docket Clerk, AGC--430 WilburWright Building-Suite2W1000 1

Mr. Brian K. Khan 

### Complainant's Counsel Office oftheRegional Counsel, AGL-7 Federal Aviation Administration, 2300 East DevonAvenue Des Plaines, IL 60018-4696 TEL: 847-294-7109 FAX: 847-294-7498 Mr. Stuart A. Strasfeld 

### Respondent's Counsel Roth, Blair, Roberts, Strasfeld & Lodge 100 E. Federal Street, Suite 600 Youngstown, OH 44503
Judge J.E. Sullivan 

### U.S. Administrative LawJudge Office ofHearings, M-20 U.S. Department ofTransportation 

### ONE COPY

1200 NewJersey Avenue, S.E. (Ell-310) Washington, DC 20590 TEL: 202-366-6941 FAX: 202-366-7536 DocketNo. FAA-2015-2440 (Civil Penalty Action)

I Service was by

## u.s. Mail. For service in person orby expedited courier, use the following address: Federal Aviation Administration, 600 Independence Avenue, S.W., Wilbur Wright Building-Suite2W1000, Washington, DC 20591; Attention: HearingDocket Clerk, AGC-430.