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## SERVED: July 1, 2013
U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS WASHINGTON, DC
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) DocketNo. FAA-2013-0285 HEALTHTEX ) DISTRIBUTORS, INC. ) ) Case No. 2012S0700278 Respondent )



### ORDERSETTING RULE 16 LITIGATION SCHEDULING CONFERENCE, AND DIRECTING RULE 26(t) PLANNING AND SUBMISSION 1) Rule 16 Litigation Scheduling Conference: Pursuant to 14 C.F.R. § 13.205(a)(l) and (7) and:Siv. R. 16, the parties shall appear by telephone on 

### Tuesday, August 6, 

### 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/discoveryplan (see paragraph 2 

### infra) and respond to any questions regarding disagreements not resolved inthe proposedplan. During the 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 with the conference call number and passcodepriorto the Conference.
2) Parties' Rule 26Cf) Planning Meeting and Submission ofProposed Discovery Plan: Pursuant to 14 C.F.R. 

### § 13.217 and Civ. R. 26(f),priorto convening with the Judge for the Rule 16 Litigation Scheduling Conference, theparties shall privately conduct a Rule 26(f) planning meeting and prepare ajointly written proposed scheduling/ discovery plan, which must be completed and filed with the undersigned Judge on or before 

### Tuesday, July 30,2013 (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 discoveryplan.The parties' Rule 26(f) planning meeting shall include a good faith discussion aboutthe nature and basis ofeach party's claims;the possibility ofresolving all orpart 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.F.R. 

### § 13.217 and Rule 26(f)(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 whetherthat discovery shouldbe conducted in phases to prepare for any filing ofparticular motions (e.g., limiting scope oftrial, dispositive motions, etc). The deadlines in the parties' proposed scheduling/discovery plan 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 proposed plan, so that these disputes may be addressed by the Judge during the Rule 16 Litigation Scheduling Conference. In addition to filing the proposed scheduling/discovery plan by regular mail filing with the Federal Aviation Administration Hearing Docket Clerk, 

### the parties shall file a working copy of the scheduling/discovery planwith 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 16 Litigation Scheduling Conference Date: Ifa party has an unavoidable conflict withthe 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 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.

Attachment: Service List

Page 2 of2SERVICE LIST- BY U.S. MAIL ORIGINAL & ONE COPY
Federal Aviation Administration 800 Independence Avenue, S.W. Washington, DC 20591 Attention: HearingDocket Clerk, AGC-430 Wilbur WrightBuilding-Suite 2Wl0001
ONE COPY
AndreaMichelle Harper, Complainant's Counsel Attorney, Office ofRegional Counsel Southern Region Federal Aviation Administration P. 0. Box 20636 Atlanta, GA 30320 TEL: 404-305-5200 FAX: 404-305-5223 NatividadR. Elias, President Healthtex Distributors, Inc., Respondent 3555 N.W. 41st Street Miami, Florida 33142 · TEL: 305-633-7900 FAX: 305-633-7666
Judge J.E. Sullivan U.S. Administrative LawJudge Office ofHearings, M-20 U.S. Department ofTransportation 1200NewJersey Avenue, S.E. (Ell-310) Washington, DC 20590 TEL: 202-366-2132 FAX: 202-366-7536 FDMSNo. FAA-2013-0285 (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. ·