In The Matter Of: 

## SERVED: AUGUST 20, 2013
U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS WASHINGTON, DC

DocketNo. FAA-2013-0613 OCTA VIAN FILOTI ) ) ) ) ) Case No. 2013NE00100 Respondent 

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ORDER SETTING RULE 16 LITIGATIONSCHEDULING CONFERENCE, AND DIRECTING RULE 26(f) PLANNING AND SUBMISSION 1) Rule 16 Litigation Scheduling Conference: Pursuantto 14 C.F.R. § 13.205(a)(1) and (7) and Civ. R. 16, the parties shall appear by telephone on Thursday, October 17, 2013, at 11:00 a.m. Eastern time for a Rule 16 Litigation Scheduling Conference. During this Conference the parties will discuss the issues inthe dispute, theirjointly submitted proposed scheduling/discovery plan (see paragraph 2 infra) andrespond to any questions regarding disagreements not resolved in the proposed plan. Duringthe Conference a final.scheduling/discovery plan will be ruled upon, as well as any otherrelated matters pursuant to Rule 16(c). The Office ofHearings will contact the parties withthe conference call number and passcode prior to the Conference.
2) Parties' Rule 26(f) Planning Meeting and Submission ofProposed Discovery Plan: Pursuant to 14 C.F.R. 

### § 13.217 and Civ. R. 26(f),prior to convening withthe Judge for the Rule 16 Litigation Scheduling Conference, the parties shall privately conduct a Rule 26(f) planning meeting and prepare ajointly written proposed scheduling/ discovery plan, whichmust be completed and filed with the undersigned Judge on orbefore Thursday, October 10,2013 (i.e. seven (7) calendar days before the Conference). The attorneys ofrecord and all unrepresented parties 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 and basis ofeachparty's claims, the possibility ofresolving all or part ofthe case, thescope andtype 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/discoveryplan. The parties' planning meeting should also include discussion about the sequence and timing offollow-up discovery, including whetherthat discovery should be conducted inphases to prepare for any filing ofparticular motions (e.g., limiting scope oftrial, dispositive motions, etc). The deadlines in the parties' proposed scheduling/discoveryplan should be mutually agreeable, with a view to achieving case resolution with a minimum ofexpense and delay. Any unresolved scheduling/discovery disputes should be clearly identified in the proposedplan, so that these disputes maybe addressed bythe Judge during the.Rule 16 Litigation Scheduling Conference. In addition to filing the proposed scheduling/discovery planby regular mail filing withthe Federal Aviation AdministrationHearing Docket Clerk, the parties shall file a working copy of the scheduling/discovery plan with the undersigned Judge atthe Office ofHearings by fax, express carrier, orpersonal delivery. The certificate ofservice should reflect the manner of service.
3) Conflicts with Rule 16Litigation Scheduling Conference Date: Ifa party has an unavoidable conflict with the Scheduled Rule 16 Litigation Scheduling Conference set in paragraph 1 

### supra, and wishes to modify the date/time ofthe scheduled Conference, the party shall first conferwith opposing counsel about mutually agreeable alternate dates, and then contact Mr. Cody L: Smith, Attorney-Advisor at the Office of Hearings (202-366-6941) as soon as possible after the receipt ofthis Order, with at leastthree (3) mutually-agreed, proposed alternate dates/times for the Judge's consideration.

Attachment: Service List

Page 2 of2'{

SERVICE LIST ORIGINAL & ONE COPY 

### Federal Aviation Administration 800 Independence Avenue, S.W. Washington, DC 20591 Attention: Hearing Docket Clerk, AGC-430 Wilbur Wright Building-Suite 2W10001



### Mr. Matthew J. Zappala, Esq. Complainant's Counsel 

### Attorney, Office ofthe Regional Counsel NewEngland Region, ANE-7 Federal Aviation Administration 12 New England Executive Park Burlington, MA 01821 TEL: 781-238-7046 FAX: 781-238-7055 Mr. Octavian Filoti Respondent 

### 67 Osprey Drive Portsmouth, NH 03801
Judge J.E. Sullivan US. Administrative LawJudge 

### Office ofHearings, M-20 U.S. Department ofTransportation ONE COPY



### 1200NewJersey Avenue, S.E. (E11-310) Washington, DC 20590 TEL: 202-366-2124 FAX: 202-366-7536 FDMS No. FAA-2013-0613 (Civil Penalty Action)

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.