In The Matter Of: 

LIBERTY 

FOUNDATION, INC. 

Respondent 

SERVED: August 27,2013 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, DC 

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Docket No. FAA-2012-0477 

Case No. 2011 GL-03-0070 

ORDER CANCELLING NOVEMBER 2013 HEARING 

AND GRANTING/DENYING OTHER RELIEF 

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On January 22,2013 an Order Granting Continuance of May 2013 Hearing to November 

2013 and Setting New Procedural Deadlines was filed. 

On August 5, 2013 an Order Granting Respondent's Motion to Compel was filed. 

On Friday, August 23, 2013 at 11 :OOam ET, the parties appeared by telephone for a shortset Motion Conference to discuss the Respondent's four motions filed on August 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 on the Respondent's August 20, 2013 Motion in lieu of 

filing a written response on/before August 30, 2013. In addition, the Respondentprovided a new 

service address. 

On August 26, 2013 an Order Granting Respondent's Motion to Revise the Litigation 

Schedule and Granting Other Requested Relief was filed. 

Pursuant to 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, and being fully 

advised, this administrative tribunal issued oral rulings at the August 23, 2013 Motion 

Conference setting new 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 set by the 

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. Other Pending Procedural Deadlines Cancelled. The other pending pre-hearing 

procedural deadlines set by the January 22, 2013 Order are cancelled. 

3. November 2013 Hearing Cancelled: The 3-day hearing set by the 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 of Atlanta, Georgia is 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 in the FAA's July 31,2013 Amended 

Complaint. 

5. December 20,2013: Deadline to Complete Additional Limited Discovery. The parties 

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 of December 20, 2013. Failure of the parties to allow for 

adequate time for discovery requests, responses, and to file/argue motions to compel prior 

to the deadline of December 20, 2013 will be grounds to deny any request for discovery 

relief pursuant to 14 C.F. R. §13.220. 

6. Objections to, and Motions Regarding, Additional Limited Discovery. Pursuant to 14 

C.F.R. § 13.220(f)-(k), any objection(s) or motions 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 within ten (10) days after receipt of the objection or deficient answer. 

7. Deadlines for Completions of Filing Dispositive Motion(s). On August 15,2013 the 

FAA filed a Motion for Summary Judgment. The following are the new deadlines 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 (if any). 

8. February 27,2014: 2:00 p.m.-3:30p.m. EST. Telephone Motion Conference for oral 

argument on dispositive motions. N.B. If the 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 of Witnesses/Exchange of Exhibits due date. The last date for 

each party to serve and file the following: 

a) A list of the witnesses the party intends to call; 

b) A short statement ofthe testimony expected from each such witness; 

c) The resume of each 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). 

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10. 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: Hearing dates. 

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 on Friday, April25, 2014 (9:00 a.m.-5:00p.m. 

EST). The specific hearing location in Atlanta, Georgia will be provided to the parties 

prior to the hearing. 

B. Requests for modification of the litigation dates set forth in paragraph A may be 

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 of this discussion shall be included by the movant in 

the Motion. , 

C. Discovery requests or documents complying with discovery requests need not be 

filed in this case with the Office of Hearings, except as part of a motion regarding disputed 

discovery, or as part of a 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 of a deficient response or after the 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 with the party alleged to have failed to make discovery or disclosure. l 

The Civ. R. 37(a)(1) declaration shall specifically indicate the efforts made by the 

movant to resolve the dispute and identify which discovery matters remain in dispute. Statements 

in opposition to 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 of burdensome discovery requests may also be grounds for 

denial of a motion to compel compliance with such requests. 

E. Each party must bring to the hearing at least three copies of any 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 should be 

marked "R-1," R-2," "R-3," etc. 

F. At the hearing, there will be the opportunity for direct examination, crossexamination, redirect examination and re-cross-examination of each witness. Only one 

representative of a party may cross-examine a witness on behalf of that party. 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 in determining the admission of all evidence. 

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G. Prior to the hearing date( s ), if a party wishes to schedule oral argument on any 

motion, or set up any type of telephone conference on the Judge's calendar, the party shall first 

confer with opposing counsel about mutually agreeable alternate dates, and then Mr. Cody L. 

Smith, Attorney-Advisor, at the Office of Hearings (202-366-6941) as soon as possible, with at 

least three (3) mutually-agreed, proposed alternate dates/times for the Judge's consideration. 

The movant shall be responsible for contacting the Office of Hearings. 

H. Attorney Withdrawal: Pursuant to 14 C.P.R. §13.218, an attorney who wishes to 

withdraw from representing a party must file a Motion to Withdraw. In this Motion, In this 

Motion, the attorney shall confirm the following: 

1. The date the Respondent was served with written notice of the attorney's intent to 

withdraw; 

2. The name of the designated agent/lay representative if the Respondent in the action is 

a business entity; 

3. The current business address, telephone ni.lmber, and fax number of the Respondent 

and of its designated agent; 

4. A statement that the Respondent has been notified in writing of the pending hearing 

dates in this litigation, as well as the pending pre-hearing discovery deadlines and 

telephone conferences; and 

5. A statement that the Respondent has been provided a copy of all Orders issued in this 

litigation, as well as any other legal documents to which the Respondent is entitled. 

I. For clarifications of this order or questions with regard 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 Law Judge 

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FDMS 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 2W1 000 

Mr. Christopher Stevenson, Esq. 

FAA 's Counsel 

Federal Aviation Administration 

Office of the Regional Counsel 

P.O. Box 20636 

Atlanta, GA 30320 

TEL: 404-305-5200 

FAX: 404-305-5223 

Mr. Stuart A. 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. Administrative Law Judge 

Office of Hearings, M-20 

ONE COPY 

U.S. Department of Transportation 

1200New Jersey Avenue, S.E. (Ell-310) 

Washington, DC 20590 

TEL: 202-366-2124 

FAX: 202-366-7536 

New Address 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 or by expedited courier, use the following address: 

Federal Aviation Administration, 600 Independence Avenue, S.W., Wilbur Wright Building-Suite 

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