In The Matter Of:
LIBERTY FOUNDATION, INC. Respondent 

## SERVED: August 27,2013

U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS WASHINGTON, DC
) ) ) ) ) ) Docket No. FAA-2012-0477

Case No. 2011 GL-03-0070

ORDERCANCELLING NOVEMBER2013 HEARING AND GRANTING/DENYING OTHERRELIEF 

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OnJanuary 22,2013 an Order Granting Continuance ofMay 2013 Hearing to November 2013 and SettingNewProcedural Deadlines was filed. OnAugust 5, 2013 an Order Granting Respondent's Motionto Compelwas filed. On Friday, August 23, 2013 at 11 

### :OOam ET, the parties appeared bytelephone for a shortset Motion Conference to discuss the Respondent's four motions filed onAugust 7, 2013, and the Respondent's one additional motion filed on August 20, 2013. During this Conference, the FAA agreed to present an oral argument onthe Respondent's August 20, 2013 Motion in lieu of filing a writtenresponse on/before August 30, 2013. In addition, the Respondentprovided a new service address. OnAugust 26, 2013 an Order Granting Respondent's Motionto Revise the Litigation Schedule and Granting Other Requested Reliefwas filed. Pursuantto 14 C.F.R. §§13.213-218 and 14 C.F.R. §13.220, and after reviewing all relevant caselaw, decisions, regulation, statutory authority, motions, pleadings, andbeing fully advised, this administrative tribunal issued oral rulings atthe August 23, 2013 Motion Conference settingnew litigation procedures, dates, and deadlines. This written Order codifies those oral rulings.

IT IS HEREBY ORDERED: A. The pending litigation dates and procedures in this case, previously setbythe January 22, 2013 Order, are hereby modified and rescheduled as follows: 1. September 19,2013: Telephone Motion Conference Cancelled. The Telephone Motion Conference set for oral argument on Dispositive Motions on September 19, 2013 (2:00pm- 3:00pm EST) is cancelled.2. OtherPending Procedural Deadlines Cancelled. The otherpending pre-hearing procedural deadlines setby the January 22, 2013 Order are cancelled. 3. November 2013 Hearing Cancelled: The 3-day hearing setbythe January 22, 2013 Order to begin on Tuesday, November 5, 2013 (9:00am-5:00pm) and to end on Thursday, November 7, 2013 (9:00am-5:00pm) in the area ofAtlanta, Georgiais hereby cancelled. 4. Beginning on August 23,2013, the Respondent may conduct additional discovery, but such additional discovery shall be limited to only those issues and disputed facts arising from the five (5) new allegations contained inthe FAA's July 31,2013 Amended Complaint. 5. December20,2013: Deadline to Complete Additional Limited Discovery. Theparties will coordinate discovery exchange on any requested additional discovery, so that all such additional limited discovery on the five new allegations is requested, exchanged, and completed by the deadline ofDecember 20, 2013. Failure ofthe parties to allow for adequate time for discovery requests, responses, and to file/argue motions to compel prior to the deadline ofDecember 20, 2013 will be grounds to deny any request for discovery reliefpursuantto 14 C.F. R. §13.220.
6. Objections to, and Motions Regarding, Additional Limited Discovery. Pursuantto 14 C.F.R. § 13.220(f)-(k), any objection(s) ormotions regarding additional discovery shall be filed within ten (10) days after receipt. Pursuant to 14 C.F.R. § 13.220(m) and Paragraph D herein, any motions to compel for deficient interrogatory response(s) shall be filed withinten (10) days after receipt ofthe objection ordeficient answer. 7. Deadlines for Completions ofFiling Dispositive Motion(s). OnAugust 15,2013 the FAA filed a Motion for Summary Judgment. The following are the newdeadlines for response and reply to the Summary Judgment Motion. a) January 31,2014: Deadline for filing Answer to Dispositive Motion; b) February 13,2014: Deadline for filing Reply (ifany). 8. February 27,2014: 2:00 p.m.-3:30p.m. EST. Telephone Motion Conference for oral argument on dispositive motions. N.B. Ifthe parties do not file dispositive motions, then this Telephone Motion Conference will be automatically converted and held as a PreHearing Status Conference. 9. March 25,2014: List ofWitnesses/Exchange ofExhibits due date. The last date for eachparty to serve and file the following: a) A list ofthe witnesses the party intends to call; b) A short statement ofthetestimony expected from each such witness; c) The resume ofeach witness who will be offered as an expert; and d) The documents the party intends to offer in evidence (pre-marked as noted in paragraph E, 

### infra).

Page 2 of410. AprilS, 2014: Pre-Hearing Briefs and Written Stipulations deadline. The parties shall file any pre-hearing briefs and written stipulations on or before April 8, 2014. 11. April22, 2014-April25,2014: Hearingdates. Based on the parties' agreement on August 23, 2013, the Hearing will take four (4) days or less. The Hearing will begin on Tuesday,April22,2014 (9:00 a.m-5:00 p.m. EST) in Atlanta, Georgia, and end onFriday, April25, 2014 (9:00 a.m.-5:00p.m. EST). The specific hearing location inAtlanta, Georgia will be provided to the parties priorto the hearing. 

### B. Requests for modification ofthe litigation dates set forth in paragraph A maybe made by written Motion. Before filing such a Motion, however, the party seeking the modification shall contact the opposing party and seek to arrive at mutually convenient alternative date(s). A report on the result ofthis discussion shall be included bythe movant in the Motion. , C. Discovery requests or documents complying with discovery requests need not be filed in this case withthe Office ofHearings, except as part ofa motion regarding disputed discovery, or as part ofa motion to compel discovery.
D. Any Motions regarding discovery, including a Motion to Compel Discovery, must be filed within ten (10) calendar days after service ofa deficientresponse orafterthe response to the discovery is due, whichever occurs first. Motions to Compel and other discovery motions must be accompanied by the relevant discovery requests and responses, and a declaration by the moving party, pursuant to Civ. R. 37(a)(l), that the movant has conferred or attempted to confer in good faith withthe party alleged to have failed to make discovery ordisclosure. l The Civ. R. 37(a)(1) declaration shall specifically indicate the efforts made bythe movant to resolve the dispute and identify which discovery matters remain in dispute. Statements in oppositionto discovery motions must be filed within ten (10) calendar days after service of the motion. The failure to timely file objections to discovery may result in the objections being deemed waived. Belated service ofburdensome discovery requests may also be grounds for denial ofa motionto compel compliance with such requests. E. Eachparty must bring to the hearing at least three copies ofany documents it intends to offer in evidence as exhibits (one for the Judge and two for the official reporter). The exhibits must have an index cover sheet, and should be pre-marked. As the Complainant, the FAA's exhibits should be marked "C-1," "C-2," "C-3," etc. The Respondent's exhibits shouldbe marked "R-1," R-2," "R-3," etc. F. Atthe hearing, there will be the opportunity for direct examination, crossexamination, redirect examination and re-cross-examination ofeach witness. Only one representative ofa party may cross-examine a witness on behalfofthatparty. Pursuant to 14 C.P.R. §13.205 and 14 C.P.R. §13.222, the Federal Rules ofEvidence will be utilized as a guideline indetermining the admission ofall evidence.

Page 3 of4G. Priorto the hearing date(s), ifa party wishes to schedule oral argument on any motion, or setup any type oftelephone conference on the Judge's calendar, the party shall first confer with opposing counsel about mutually agreeable alternatedates, and then Mr. Cody L. Smith, Attorney-Advisor, at the Office ofHearings (202-366-6941) as soon aspossible, with at leastthree (3) mutually-agreed, proposed alternate dates/times for the Judge's consideration. The movant shall be responsible for contactingthe Office ofHearings.
H. Attorney Withdrawal: Pursuantto 14 C.P.R. §13.218, an attorney who wishes to withdraw from representing a party must file a Motionto Withdraw. Inthis Motion, Inthis Motion, the attorney shall confirm the following:
1. The date the Respondent was served with written notice ofthe attorney's intentto withdraw; 2. The name ofthe designated agent/lay representative ifthe Respondent inthe action is a business entity; 3. The currentbusiness address, telephone ni.lmber, and fax number ofthe Respondent and ofits designated agent; 4. A statement that the Respondenthas been notified in writing ofthe pendinghearing dates inthis litigation, as well as the pending pre-hearing discovery deadlines and telephone conferences; and 5. A statement thatthe Respondenthas beenprovided a copy ofall Orders issued inthis litigation, as well as any other legal documents to which the Respondent is entitled.

I. Forclarifications ofthis order or questions withregard to the procedures to be followed in this case, please contact Mr. Cody L. Smith, Attorney-Advisor, at the Office of Hearings (202-366-6941).

Attachment: Service List livan·**~~··n'strative** LawJudge

Page 4 of4FDMS No. FAA-2012-0477

SERVICE LIST- BY U.S. MAIL ORIGINAL & ONE COPY Federal Aviation Administration1 800 Independence Avenue, S.W. Washington, DC 20591 Attention: Hearing Docket Clerk, AGC-430 Wilbur Wright Building-Suite 2W1000

Mr. Christopher Stevenson, Esq. FAA 's Counsel Federal Aviation Administration Office ofthe Regional Counsel P.O. Box 20636 Atlanta, GA 30320 TEL: 404-305-5200 FAX: 404-305-5223
Mr. StuartA. Goldstein, Esq. Respondent's Counsel Stuart A. Goldstein, P.A. 9350 South Dixie Highway, lOth Floor Miami, FL 33156 TEL: 305-670-1222 FPC(: 305-670-7065

Judge J.E. Sullivan U. 

### S. AdministrativeLawJudge Office ofHearings, M-20 ONE COPY

U.S. Department ofTransportation 1200NewJersey Avenue, S.E. (Ell-310) Washington, DC 20590 TEL: 202-366-2124 FAX: 202-366-7536 NewAddress as of9/2/13 Stuart A. Goldstein, P.A. 7300 North Kendall Drive, Ste 380 Miami, FL 33156 TEL: 305-670-1222 FPC(: 305-400-0685

1 Service was by U.S. Mail. For service in person orbyexpedited courier, use the following address: FederalAviation Administration, 600 Independence Avenue, S.W., Wilbur Wright Building-Suite 2WIOOO, Washington, DC 20591; Attention: Hearing Docket Clerk, AGC-430.