### SERVED: 

### January 18, 2017 U.S. DEPARTMENT OF TRANSPORTATIQ)!PARTMENT 

## OF OFFICE OF HEARINGS 

### TRANSPORTATION WASHINGTON, DC 

## Zlll JAH 

## IS p Zz Ol

In The Matter Of: 

### DOCKET OPERATIONS DocketNo. FAA-2015-0639 Kenneth Ray Rumberger ) ) ) ) ) Case No. 2015WP270015 Respondent



### PREHEARING CONFERENCE REPORT On January 17, 2017, the undersignedjudge held a prehearing conference in the above captioned case. Thepro se Respondent and counsel for the Complainant attended the conference telephonically and discussed the below listed matters: 1. 

### Respondent's Failure to File an Answer a. The Respondent failed to file an answer in accordance with 14 C.F.R. 

### § 13.209 despite receiving the undersignedjudge's Order Denying the Respondent's Motion to Dismiss and Directing the Respondent to File an Answer byNovember 28, 2016. b. The Respondent claimed to have had insufficient time to draft and file an answer by the deadline in light ofthe Thanksgiving holiday. c. The Respondent must file an answer by 

### January 20, 2017. 2. Venue The parties agreed Oakland, CA is the appropriate venue for the hearing. 

### 3. Litigation Schedule The parties agreed to the following litigation schedule: a. Any discovery requests from either party must be filed with the opposing party and the undersignedjudge by 

### January 31,2017. b. Any response to discovery requests must be filed by 

### February 28, 2017. c. Prehearing motions 1. Any discovery motions must be filed by 

### March 31,2017. n. Responses to discovery motions must be filed by 

### April30, 2017. m. Any other motions mustbe filed by 

### May 31,2017.iv. Responses to non-discovery related prehearing motions mustbe filed within 30 days ofthe service ofthe motion. d.**Complet~** witness and evidence lists mustbe exchanged by the parties and submitted to the undersignedjudge at least 30 days before the hearing. e. Eachparty must provide the undersignedjudgepremarked versions ofall proposed exhibits at least 30 days before the hearing. 

### 4. Hearing Date The parties agreed to keep the week of

### September 11, 2017 openfor a possible hearing. 

### 5. Settlement The undersignedjudge encouraged the parties to continue to discuss possible settlement. Pursuant to 14 C.F.R. § 13.205(a)(6) and§ 13.217(d), 

### IT IS HEREBY ORDERED that the parties must adhere to the litigation schedule described above inparagraph 3.

Attachment: Service List

# ~- DOUGLAS M. RAW ALD Administrative LawJudgeSERVICELIST -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 2Wl 0001 1

Kenneth Ray Rumberger, Respondent 2451 Church Lane, SPC 38 SanPablo, CA94806-5945 TEL: 510-234-1750 Email: kennethrumberger@gmail.com LisaToscano, Complainant's Counsel EnforcementDivision, Western Team Federal Aviation Administration P. 

### 0. Box 92007 Los Angeles, CA 90009-2007 TEL: 310-725-7110 FAX: 310-725-6816 ONE COPY

The Honorable Douglas M. Rawald,AdministrativeLawJudge Office ofHearings, M-20 U.S. Department ofTransportation 1200NewJersey Avenue, S.E. (Ell-310) Washington, DC 20590 TEL: 202-366-5121 StaffAssistant FAX: 202-366-7536 DocketNo. FAA-2015-0639 (Civil PenaltyAction)

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-Suite2W1000, Washington, DC 20591; Attention: Hearing Docket Clerk, AGC-430.