In The Matter Of: 

## SERVED: May 23, 2016 U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS WASIDNGTON, DC

DocketNo. FAA-2015-1319 WILLIAM A. CURTRIGHT ) ) ) ) ) Case No. 2014NM090046 Respondent . '

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ORDER SETTING A RULE 16 LITIGATION SCHEDULING CONFERENCE, AND DIRECTING THE PARTIES TO

CONFERAND FILE A RULE 26(f) PROPOSED DISCOVERY PLAN 1) Rule 16 Litigation Scheduling Conference: Pursuantto 14 C.F.R. 

### § 13.205 and Civ. R. 16, the parties shall appear bytelephone on Tuesday, August 9, 2016, at 1:30 p.m. Eastern time for a Rule 16 Litigation Scheduling Conference. During this Conference the parties will discuss the issues inthe dispute, their jointly submitted proposed scheduling/discovery plan (see paragraph 2 irifra) and respond to any questions regarding disagreements not resolved in the proposedplan. During the Conference a final scheduling/discovery plan will beruled upon, as well as any otherrelated matters pursuant to Rule 16(c). The parties shall access the Conference by dialing 888-278-0296, and when prompted, entering access code 5851842. 2) Parties' Rule 26(f) Planning Meeting and Submission ofProposed Discovery Plan:

3' Pursuantto 14 C.F.R. § 13.205(a)(6) and Civ. R. 26(f),priorto convening withthe Judge for the Rule 16 Litigation Scheduling Conference, the parties shall privately conduct a Rule 26(f) planning meeting andprepare ajointly written proposed scheduling/discovery plan, whichmust be completed and filed withthe undersigned Judge on or before Tuesday, August 2, 2016 (i.e. at least seven (7) calendar days before the Conference).The attorneys ofrecord and all unrepresentedparties arejointlyresponsible for arranging the Rule 26(f) conference, and for attempting in good faith to agree onthe proposed discovery plan. The parties' Rule 26(f) planning meeting shall include a good faith discussion about the nature andbasis ofeach party's claims, the possibility ofresolving all or part ofthe case, the scope and type ofdiscovery (including electronic discovery) and the place ofvenue for hearing. During this meeting, the parties shall discuss matters identified in 14 C.F.R. § 13.217 and Rule 26(f)(2) and (3) as part ofdeveloping their proposed scheduling/discovery plan. The parties'.planning meeting should also include discussion about the sequence and timing offollow-up discovery, including whether that discovery shouldbe conducted inphases to prepare for any filing ofparticuhrrmotions (e.g., limiting scope oftrial, dispositive motions, etc.). The proposed discovery deadlines inthe parties' proposed scheduling/discoveryplan shouldbemutually agreeable, with a viewto achieving case resolution with a minimum of expense and delay. Any unresolved scheduling/discovery disputes should be clearly identified in the proposedplan, so thatthese disputes may be addressed by the Judge during the Rule 16 Litigation Scheduling Conference. 3) Filing and Serving Documents: Pursuantto 14 C.P.R. § 13.21l(a), a copy ofany document a party files withthe Federal Aviation Administration Hearing Docket ("Hearing Docket") must also be separately filed with the undersigned, and served uponthe opposing party. 4) Compliance with Court-Ordered Deadline Dates: Wheneverthe Judge orders the parties to file documents by a specific deadline date (see, e.g., paragraph 2 above) such deadline date is the date bywhichthe documents mustbe datestampedreceived atthe Office ofHearings. To ensure compliance with this and any future Orders setting deadlines, the parties are encouraged to fax or personally deliver a copy oftheir documents to the Office ofHearings (Fax: 202-366-7536), on or before the deadline date.

Page 2 of3Failure ofa party to timely file documents by the court-ordered deadline could lead to the party's position not being considered.

5) Conflicts withthe Rule 16 Litigation Scheduling Conference Date: Ifa party has an unavoidable conflict withthe Scheduled Rule 16 Litigation Scheduling Conference set inparagraph 1supra, and wishes to modify the date/time ofthe scheduled Conference, the party shall first confer with opposing counsel about mutually agreeable alternate dates, and then contact Mrs. Rachael Brown, Judicial StaffAssistant, atthe Office of Hearings (202-366-2132) as soon as possible after the receipt ofthis Order, with at leastthree (3) mutually-agreed, proposed alternate dates/times for the Judge's consideration.

U.S. Administrative Law Judge

Attachment: Service List

Page 3 of 3

### DocketNo. FAA-2015-1319 (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 WilburWright Building-Suite 2W1000 1



### Mr. David F. Shayne Complainant's Counsel Northwest Mountain Region, ANM-7 Federal Aviation Administration 1601 Lind Avenue S.W. Renton, W A 98057 TEL: 425-227-1847 FPC(: 425-227-1007 Dr. William Ames Curtright, DBA Respondent P.O. Box 1350 Jefferson, OR97352 TEL: 503-209-7388 FPC(: 503-485-0812 Judge J.E. Sullivan U.S. Administrative Law Judge Office ofHearings, M-20 U.S. Department ofTransportation 1200 NewJersey Avenue, S.E. (Ell-310) Washington, DC 20590 TEL: 202-366-6941 FPC(: 202-366-7536 ONE COPY

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-Suite 2Wl000, Washington, DC 20591; Attention: Hearing Docket Clerk, AGC-430.