SERVED: November 14, 2016 

U.S. DEPARTMENT OF TRANSPORTATIOJtiEPARTMENT OF 

OFFICE OF HEARINGS TRANSPORTATION 

WASHINGTON, DC 

ZOJ. NOV I b P q: 3 0 

In The Matter Of: ) 

) 

) 

) 

) 

DOCKET OPERATIONS 

Docket No. FAA-2015-3307 

FELTS FIELD AVIATION 

Respondent 

Case No. 2015WP910090 

ORDER CONTINUING THE MOTION CONFERENCE, 

CANCELLING THE SUMMARY JUDGMENT CONFERENCE, 

AND GRANTING/DENYING OTHER RELIEF 

On October 31 , 2016, an Order Setting Motion Conference was filed. Among other 

things, this October 31 , 2016 Order directeq the parties to appear for a Motion Conference on 

November 10, 2016 for oral argument regarding the Respondent's September 16, 2016 Motion 

to Compe1. 1 

On November 10, 2016, the parties convened by telephone for the Motion Conference. 

A1nong other matters discussed during this Motion Conference, the Court provided the parties 

with certain reference material and information regarding the scope of the attorney work product 

privilege. This Order codifies the directives and rulings orally made by the Court during the 

Motion Conference. 

Pursuant to 14 C.F.R. § 13.205, and having reviewed the case file, all pleadings and 

motions, all relevant caselaw, statutes, regulations, rules, and authority, and being fully advised ~ 

IT IS HEREBY ORDERED: 

I. The November 10, 2016 Motion Conference is continued, by court motion, to Thursday, 

December 15, 2016, at 1:30 p.m. Eastern time. The parties shall appear by telephone , 

1 The complete list of the parties' filed materials regarding the Respondent's September 16, 2016 Motion to Compel 

is contained in the October 3 I, 20 I 6 Order. 
and shall access the Court's Conference line by dialing 888-278-0296, and when 

prompted, entering access code 5851842. 

2. Prior to December 15, 2016, the parties shall read an August 19, 2014 Order issued by 

this Court in a different case, which discusses the purpose and scope of the attorney work 

product privilege. See, Airborne Maintenance and Engineering Services, F AA-20 13-

0291,2014 WL 4635559 (FAA Aug. 19, 2014). 

3. Prior to December 15, 2016, the parties should also contact each other and review 

whether they might be able to agree to various discovery requests, including (but not 

limited to) the following: a) the Respondent's discovery request for the FAA to disclose 

all facts and legal theories it possesses that support its case in chief; b) the Respondent's 

discovery request for any facts in the FAA's possession, acquired through its 

investigation, that are exculpatory in nature; c) all facts and da.ta utilized by the FAA's 

proffered expert to form his testimonial evidence and opinion regarding the matters 

charged against the Respondent; and, d) the actual opinion of the FAA's proffered expert. 

4. The Summary Judgment Motion Conference, which had been scheduled for Friday, 

November 18, 2016 (1 :30 p.m. -3:00p.m. ET) (see, April 14, 2016 Order, 3 ~ 1 1) is 

cancelled. 

5. If either party needs clarification or has any questions regarding the procedures contained 

in this Order, contact Ms. Rachael Brown, Judicial Staff Assistant, at the Office of 

Hearings (202-366-2132). 

Attachment: Service List 

Page 2 of 2 
Docket No. F AA-2015-3307 

(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 2W1 0001 

ONE COPY 

Ms. Fatimah Stokley 

Complainant's Counsel 

Federal Aviation Administration, Office of the Chief Counsel 

Enforcement Division- Western Team 

P.O. Box 920007 

Los Angeles, CA 90009-2007 

TEL: 310-725-7112 

FAX: 310-725-6816 

Mr. Mark J. Conlin 

Mr. Benjamin L. Wybomey 

Respondent's Counsel 

Conlin, Maloney & Miller 

421 W. Riverside Ave., Suite 911 

Spokane, W A 99201 

TEL: 509-624-3020 

F~: 509-623-1650 

Judge J.E. Sullivan 

U.S. Administrative Law Judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

1200 New Jersey Avenue, S.E. (E11-310) 

Washington, DC 20590 

TEL: 202-366-6941 

FAX: 202-366-7536 

Felts Field Aviation, Inc. 

Respondent 

14 East Main Ave. 

Spokane, W A 99201-0405 

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 2Wl000, Washington, 

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