### SERVED: November 14, 2016


### U.S. DEPARTMENT OF 

### TRANSPORTATIOJtiEPARTMENT 

## OF OFFICE OF HEARINGS 

## TRANSPORTATION WASHINGTON, DC 

## ZOJ. NOV Ib P q: 

## 30
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 ofthe 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 ofthe parties' filed materials regarding the Respondent's September 16, 2016 Motion to Compel is contained in the October 3I, 20 I6 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 ofthe attorney work product privilege. See, Airborne Maintenance and Engineering Services, FAA-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 ofthe 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

**~** 11) is cancelled.
5. Ifeither party needs clarification or has any questions regarding the procedures contained in this Order, contact Ms. Rachael Brown, Judicial StaffAssistant, at the Office of Hearings (202-366-2132).

Attachment: Service List

Page 2 of 2

### DocketNo. FAA-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 2W1000 1 ONE COPY 

### Ms. Fatimah Stokley Complainant's Counsel 

### Federal Aviation Administration, Office ofthe ChiefCounsel 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 LawJudge 

### Office ofHearings, M-20 U.S. Department ofTransportation 1200 NewJersey 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 byU.S. Mail. For service in person orby expedited courier, use the following address: Federal Aviation Administration, 600 Independence Avenue, S.W., Wilbur Wright Building-Suite 2Wl000, Washington, DC 20591; Attention: HearingDocket Clerk, AGG-430.