In The Matter Of: 

RUGBY AVIATION 

Respondent 

SERVED: November 19, 2015 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS . 

WASHINGTON, DC 

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Docket No. FAA-2015-0642 

Case No. 2014NM010021 

ORDER SETTING LITIGATION DEADLINES 

AND HEARING DATES 

On September 14, 2015 an Order Setting Deadlines for Parties' Informal Case Discussion 

and Report, and Setting a Pre-Hearing Status Conference was filed. 

On October 29,2015, the FAA and the Respondent, Rugby Aviation, filed a Joint Status 

Report. 

On November 18, 2015, the parties appeared by telephone for a Pre:-Hearing Status 

. Conference, and discussed their calendar availability, hearing dates, and other litigation matters. 

Pursuant to 14 C.F.R. §13.205, 14 C.F.R. § 13.217, and 14 C.F.R. § 13.221, and after 

reviewing all relevant caselaw, regulation, statutory authority, and being fully advised; 

IT IS HEREBY ORDERED: 

1. August 30, 2016 (1:30 p.m.-2:30p.m. ET) Pre-Hearing Status Conference: The 

parties shall convene by telephone for a Pre-Hearing Status Conference on August 30, 

2016 (1 :30 p.m.- 2:30 p.m. ET). To access the Court's Conference Line, the parties shall 

call 202-493-2343. 

2. October 4, 20.16: List of Witnesses/Exchange of Exhibits. On or before October 4, 

2016, the parties will serve and file the following: 

a) A list of the witnesses the party intends to call; 

b) A short statement ofthe testimony expected from each such witness; 

c) The resume or statement of qualifications of each witness who will be offered as 

an expert; 

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d) The documents the party intends to offer in evidence (pre-marked and tabbed as 

noted in paragraph E, infra); and. 

e) An index cover sheet with a brief description of each document. 

3. November 2, 2016- November 3, 2016: Hearing Dates. 

Based on the parties' agreement, the Hearing will take one and a half (1.5) days or less. 

The Hearing will begin on November 2, 2016 (9:00a.m-5:00p.m.) in the Seattle, 

Washington area. The Hearing will continue and conclude on November 3, 2016 (9:00 

a.m.-12:00 p.m.). The specific location of the Hearing will be provided to the parties 

prior to the Hearing. 

4. Scheduling Motion or Pre-Hearing Conferences on the Judge's Calendar: 

Prior to the Hearing date(s), if a party wishes to schedule oral argument on any motion, or 

set up any type of pre-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 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. 

5. Exhibits Brought to the Hearing: 

Each party must bring to the Hearing at least three copies of any 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. 

6. Examination Process at the Hearing: 

At the Hearing, there will be the opportunity for direct examination, cross-examination, 

and redirect examination of each witness. Only one representative of a party may direct 

or cross-examine a witness on behalf of that party. Pursuant to 14 C.F .R. § 13.20 5 and 14 

C.F .R. § 13.222, the Federal Rules of Evidence will be utilized as a guideline in 

determining the admission of all evidence. 

7. 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, the 

attorney shall confirm the following: 

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

withdraw; 

b. The name of the designated agent/lay representative if the Respondent in the action is 

a business entity; 

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

and of its designated agent; 

d. 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 

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e. 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. 

8. Court Filing of Exhibits with the Hearing Docket: 

All Exhibits that the parties have moved for admission during the Hearing will be 

attached to the court transcript and filed by the court reporter. 

9. Requests for Modification of this Order: 

Any requests for modification of the litigation dates and procedures set forth in this Order 

should be made by written Motion. The parties may also file an agreed written request. 

10. Clarification or Questions: 

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 

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Docket No. FAA-2015-0642 

(Civil Penalty Action) 

SERVICE LIST - BY U.S. MAIL 

ORIGINAL & ONE COPY 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Washington, DC 20591 

Attention: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building-Suite 2Wl 0001 

Mr. Robert Spitzer 

Complainant's Counsel 

Federal Aviation Administration 

Northwest Mountain Region (ANM-7) 

160 1 Lind A venue Southwest 

Renton, W A 98057 

TEL: 425-227-1847 

FAJ(: 425-227-1007 

Mr. J.C. Becker 

Respondent's Counsel 

PO Box 13253 

Mill Creek, WA 98082-1253 

TEL: 425-280-2004 

Judge J.E. Sullivan 

US. Administrative Law Judge 

Office ofHearings, M-20 

U.S. Department of Transportation 

1200 New Jersey Avenue, S.E. (Ell-310) 

Washington, DC 20590 

TEL: 202-366-6941 

FAX: 202-366-7536 

ONE COPY 

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 2W1000, Washington, 

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