I '

In The Matter Of: 

## SERVED: SEPTEMBER 10, 2015 U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS WASIDNGTON, DC

DocketNo. PAA-2015-2444 MN AIRLINES, LLC ) ) ) ) ) 

### ) d/b/a SUN COUNTRY AIRLINES Case No. 2014-GL-15-0030 Respondent
ORDER SETTING A RULE 16 LITIGATION SCHEDULING CONFERENCE, AND DIRECTING THE PARTIES TO

CONFERAND FILE A RULE 26(t) PROPOSED DISCOVERYPLAN 1) Rule 16 Litigation Scheduling Conference: Pursuantto 14 C.P.R.§ 13.205 and Civ. R. 16, the parties shall appear by telephone on 

### Wednesday, December 9, 

### 2015, 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 infra) and respondto any questions regarding disagreements notresolved inthe proposedplan. During the Conference a fmal scheduling/discovery planwill be ruled upon, as well as any other related matters pursuant to Rule 16(c). The parties shall access the Conference by dialing 202-493-2343. 2) Patties' Rule 26(fl Planning Meeting and Submission ofProposed Discovery Plan: Pursuantto 14 C.P.R.§ 13.205(a)(6) and Civ. R. 26(f),priorto convening with the Judge for the Rule 16 Litigation Scheduling Conference, the parties shallprivately conduct a Ri.:tle 26(±) planning meeting and prepare ajointly written proposed scheduling/discovery plan, whichmust be completed and filed withthe undersigned Judge 

### on orbeforeWednesday, December2, 

### 2015 (i.e. at least seven (7) calendar days before the Conference). The attorneys ofrecord and all unrepresented parties arejointly responsible for arranging the Rule 26(f) conference, and for attempting in good faith to agree onthe proposed discovery plan.·The parties' Rule 26(±) planning meeting shall include a good faith discussion aboutthe nature and basis ofeachparty'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.P.R.§ 13.217 and Rule 26(±)(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 should be conducted inphases to prepare for any filing ofparticular motions (e.g., limiting scope oftrial, dispositive motions, etc.). The proposed discovery deadlines inthe parties' proposed scheduling/discovery plan should be mutually agreeable, with a viewto achieving case resolution with a minimumof 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.§ 13.211(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 upon the opposing party. 4) Compliance with Court-Ordered Deadline Dates: Whenever the Judge orders the parties to file documents by a specific deadline date (see, e.g., paragraph 2 above) such deadline date is the date by whichthe documents mustbe datestamped received atthe Office ofHearings. To ensure compliance withthis 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. Failure ofa partyto timely file documents by the court-ordered deadline could lead to the party's position notbeing considered.

Page 2 of 35) Conflicts withthe Rule 16 Litigation Scheduling Conference Date: Ifa party has anunavoidable conflict with the Scheduled Rule 16 Litigation Scheduling Conference set inparagraph 1 supra, and wishes to modify the date/time ofthe scheduled Conference, the party shall first conferwith opposing counsel about mutually agreeable alternate dates, andthen contact Mr. Cody L. Smith, Attorney-Advisor atthe Office of Hearings (202-366-6941) as soon as possible after the receipt ofthis Order, with at least three (3) mutually-agreed, proposed alternate dates/times for the Judge's consideration.

van
Ll.UHllJ.u·strative Law Judge

Attachment: Service List

Page 3 of3DocketNo. FAA-2015-2444

·(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 2W10001

Ms. Kate Barber Complainant's Counsel Federal Aviation Administration Great Lakes Regional Counsel's Office 2300 EastDevonAvenue, Suite 479 Des Plaines, IL 600 18 TEL: 847-294-7862 FAJ<: 847-294-7498 

### Mr. Donald Chance Mark, Jr. Respondent's Counsel Fa:finski Mark & Johnson, P.A. Flagship Corporate Center 775 Prairie Center Drive, Suite 400 Eden Prairie, MN 55344 TEL: 952-995-9500 FAJ<: 952-995-9577 Judge J.E. Sullivan U.S. Administrative LawJudge Office ofHearings, M-20 U.S. Department ofTransportation ONE COPY

1200 New Jersey Avenue, S.E. (Ell-310) Washington, DC 20590 TEL: 202-366-6941 FAJ<: 202-366-7536

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 2W1000, Washington, DC 20591; Attention: Hearing Docket Clerk, AGC-430. Page 4 of3