InThe Matter Of: RUGBY AVIATION Respondent 

## SERVED: November 19, 2015
U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS
. WASHINGTON, DC ) ) ) ) ) DocketNo. FAA-2015-0642 CaseNo. 2014NM010021

ORDER SETTINGLITIGATION 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.OnNovember 18, 2015, the parties appeared by telephone for a Pre:-Hearing Status

.Conference, and discussed their calendar availability, hearing dates, and other litigationmatters. Pursuantto 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 bytelephone for a Pre-Hearing Status Conference onAugust 30, 2016 (1 :30 p.m.- 2:30 p.m. ET). To access the Court's Conference Line, theparties shall call 202-493-2343. 2. October 4, 20.16: List ofWitnesses/Exchange ofExhibits. On orbefore October4, 2016, the parties will serve and file the following: a) A list ofthe witnesses the party intends to call; b) A short statement ofthe testimony expected from each suchwitness; c) The resume or statement ofqualifications ofeach witness who will be offered as an expert;
Page 1 of3! l ! d) The documents the party intends to offer in evidence (pre-marked and tabbed as noted inparagraph

### E, infra); and. e) Anindex cover sheet with a briefdescription ofeach document. 

### 3. November2, 2016- November 3, 2016: HearingDates. Based onthe 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.) inthe Seattle, Washington area. The Hearing will continue and conclude on

### November3, 

### 2016 (9:00 a.m.-12:00 p.m.). The specific location ofthe Hearing will be provided to the parties prior to the Hearing. 4. Scheduling Motion or Pre-Hearing Conferences onthe Judge's Calendar: Prior to the Hearing date(s), ifa party wishes to schedule oral argument on 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 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 Broughtto 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. 6. Examination Process at the Hearing: Atthe 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 onbehalfofthatparty. Pursuantto 14 C.F.R. §13.205 and 14 C.F.R. §13.222, the Federal Rules ofEvidence will be utilized as a guideline in determining the admission ofall evidence. 7. 

### AttorneyWithdrawal: Pursuantto 14 C.F.R. §13.218, an attorney who wishes to withdraw from representing a party must file a Motionto Withdraw. In this Motion, the attorney shall confirm the following:

a. The date the Respondent was served with written notice ofthe attorney's intent to withdraw; b. The name ofthe designated agent/lay representative ifthe Respondent inthe action is a business entity; c. The current business address, telephone number, and fax number ofthe Respondent and ofits designated agent; d. A statement that the Respondent has been notified in writing ofthe pendinghearing dates inthis litigation, as well as the pending pre-hearing discovery deadlines and telephone conferences; and Page 2 of3e. A statement that the Respondent has been provided a copy ofall Orders issued inthis litigation, as well as any other legal documents to whichthe Respondent is entitled. 8. Court Filing ofExhibits 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 ofthis Order: Any requests for modification ofthe litigation dates and procedures set forth inthis Order should be made by written Motion. The parties may also file an agreed written request. 10. Clarification or Questions: For clarifications ofthis 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

Page 3 of 3DocketNo. FAA-2015-0642 (Civil Penalty Action)


### SERVICE LIST - BYU.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 2Wl000 1

Mr. Robert Spitzer Complainant's Counsel Federal Aviation Administration Northwest MountainRegion (ANM-7) 1601Lind Avenue 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 LawJudge Office ofHearings, M-20 U.S. Department ofTransportation 1200 NewJersey 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.