In The Matter Of: MIAMI TECH 

## SERVED: JANUARY 15, 2015
U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS WASHINGTON, DC

DocketNo. FAA-2014-0682 AIRCRAFT MAINTENANCE, INC. ) ) ) ) ) ) CaseNo. 2010S0190295 Respondent

ORDER SETTING LITIGATION DATES AND PROCEDURES
On October 24, 2014, an Order Setting Rule 16 Litigation Scheduling Conference and Directing Rule 26(£) Planning and Subm!ssion was filed. On January 7, 2015, the parties filed a Joint Section 13.217/Rule 26(f) Report. On January 15, 2015, the parties appeared by telephone for a Rule 16 Litigation Scheduling Conference, and discussed their calendar availability, hearing dates, and other litigation procedural matters. Pursuantto 14 C.F.R. §13.205(a)(l), (6) and (7), Civ. R. 16, 14 C.F.R. § 13.217, and 14 C.F.R. § 13.220, and after reviewing all relevant caselaw, regulation, 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. January 30, 2015: Deadline for Initial Disclosures. To ensure that the parties have sufficienttimeto address all issues in dispute, on orbefore January 30, 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 or before January 30, 2015: General Discovery Initiated. Pursuant to 14 C.F.R. §13.220(a), the parties may immediately begin conducting general discovery. In orderto ensure full use ofthe discovery time allotted in this case, the parties shall begin exchanging or serving general discovery requests onor before January 30,2015, 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 admissiol!; etc.

Page 1 of43. 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 ofan interrogatory shall be counted as a separate interrogatory.

a. Objection(s) to Interrogatories. Pursuantto 14 C.P.R.§ 13.220(k), any objection in response to an interrogatory must include the reason(s) supporting the objection. 4. Motions to LimitDiscovery upon Receipt ofDiscovery Request; A party served with a discovery request who seeks to limit discovery pursuant to 14 C.P.R. 

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

a. Good Faith Declaration Included: The Motion should include a declarationby the moving party, confirming that the movant has already conferred or attempted to conferin good faith withthe opposing party regarding the disputed discovery or disclosure, to try and resolve the matter informally, prior to seeking courtrelief. b. Copy ofDisputed Discovery: Pursuant to 14 C.P.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 Motion to Limit Discovery. AnyResponse to the Motion should be 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 or after the response to the discovery is due, whichever occurs first.

a. Procedure for Motion: Any Motion and/or Response to Compel Discovery shall be filed in the same manner as directed above for Motions to Limit Discovery (paragraph 4 and4 (a)-(c)).

6. July 8, 2014: Retained/Hired or Employee Expert Witness Disclosures. Ifa party retains orhires a witness to provide expert testimony, or a party intends to utilize the testimony ofan employee to give experttestimony

- thenthe party intending to offer such witness shall disclose this retained or employee expert witness to the opposing side pursuantto the timeline below. The expert witness disclosure shall include the name of the witness, the witness's expertresume or qualifications, and the witness's writtenreport or statement ofopinion (including disclosure ofthe basis ofthatopinion). a) FAA Expert Disclosure Deadline: June 19, 2015. b) Respondent Expert Disclosure Deadline: June 19, 2015. c) Expert Rebuttal Reports Deadline: July 10, 2015.

Page 2 of57. Duty to Supplement or Amend Discovery: Pursuantto 14 C.P.R.§ 13.220(i), a party who has responded to a discovery request inthis case has a duty to supplement or amend

· the response throughoutthe litigationperiod, as soon as the information is known. 8. July 31, 2015: Deadline for Completing General Discovery. On orbeforeJuly 31, 2015, the parties shall finish responding and serving answers to all general discovery requests pursuantto 14 C.P.R. §13.220.This includes the taking ofdepositions, pursuant to 14 C.P.R. §13.2200). 9. August 27, 2015: Deadlines for Filing Dispositive Motion(s). The last date for both parties to file any/all pre-hearing dispositive motions, including DefaultMotions and/or Summary JudgmentMotions. a) September24, 2015: Deadline for filing Answerto Dispositive Motion(s); b) October 15, 2015: Deadline for filing Reply (ifany). 10. Telephone Motion Conference: November 4, 2015 (10:30 a.m.-12:00 p.m. ET). The parties shall convenebytelephone for oral argument onany filed dispositive motions on November 4, 2015 (10:30 a.m.-12:00 p.m. ET). N.B. Ifthe parties do not file dispositive motions, thenthis Telephone Conference will be automatically converted andheld as a Pre-Hearing Status Conference. 11. January 12, 2016: List ofWitnesses/Exchange ofExhibits. On orbefore January 12, 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 such witness; c) The resume or statement ofqualifications ofeachwitness who will be offered as anexpert; d) The documents the party intends to offer in evidence (pre-marked as noted in paragraphE, infra); and e) An index cover sheet with a briefdescription ofeach document. 12. February 9, 2016: Written Stipulations and/orAgreed Motions 

### in Limine. On or before February 9, 2016, theparties shall file any written stipulations thatnarrowthe factual or legal issues, and/orthat are agreed Motions in Limine. 13. February 23,2016- February 26,2016: Hearing Dates. Based on the parties' agreement, the Hearing will take four (4) days or less. The Hearing will begin on February 23, 2016 (9:00 a.m-5:00 p.m. ET) in the Ft. Lauderdale or Miami, Florida area. The Hearing will continue onFebruary 24, 2016, February 25, 2016, and conclude onFebruary 26,2016 (9:00 a.m.-5:00p.m. EST). The specific location ofthe Hearing will be providedto the parties priorto the Hearing.

B. Discovery Requests and Exchanges: Discovery requests and exchanges need notbe filed with the Office ofHearings, except as part ofa motionregarding limited discovery, disputed discovery, or as partofa motionto compel discovery. Page 3 of5C. Failure to Move for Timely Relief/Late Service ofDiscovery: The failure to timely respond to discovery requests, and/orto 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: 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 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 Broughtto the Hearing: Eachparty mustbring to the Hearing at least three copies ofany documents itintends 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. Complainant's exhibits should be marked "C-1," "C-2," "C-3," etc. Respondent's exhibits shouldbe marked "R-1," R-2," "R-3," etc. F. ExaminationProcess 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 onbehalfofthat party. 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. G. Attorney Withdrawal: 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 intentto withdraw; b. The name ofthe designated agent/lay representative ifthe Respondent inthe action is a business entity; c. The currentbusiness address, telephone number, and fax number ofthe Respondent and ofits designated agent; d. A statementthat 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 e. A statementthat the Respondent has beenprovided a copy ofall Orders issued inthis litigation, as well as any other legal documents to which the Respondent is entitled.

Page 4 of5H. Court Filing ofExhibits with the Hearing Docket: All Exhibits thatthe parties have moved for admission during the Hearing will be attached to the courttranscript and filed by the courtreporter. I. Requests for Modification ofthis Order: Any requests for modification ofthe litigation dates and procedures setforth 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

Page 5 of5

### 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 2Wl0001

Mr. William Vines Complainant's Counsel Federal Aviation Administration Office ofthe Regional Counsel, AS0-7 Southern Region 1701 ColumbiaAvenue College Park, GA 30337 TEL: 404-305-5200 FAX: 404-305-5223 Mr. Juan R. Serrano Respondent's Counsel Griffin 

### &Serrano, P.A. Blackstone Building, Sixth Floor 707 Southeast 3rd Avenue Fort Lauderdale, FL 33316 TEL: 954-462-4002 FAX: 954-462-4009 Judge J.E. Sullivan US. Administrative LawJudge Office ofHearings, M-20 U.S. Department ofTransportation 1200 New Jersey Avenue, S.E. (E11-310) Washington, DC 20590 TEL: 202-366-6941 FAX: 202-366-7536 ONE COPY DocketNo. FAA-2014-0682 

### (Civil Penalty Action)

1 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-Suite2Wl000, Washington, DC 20591; Attention: Hearing Docket Clerk, AGC-430.