SERVED JANUARY 4, 2012 

U.S. DEPARTMENT OF TRANSPORTATION Jh'PARTfviENT OF 

OFFICE OF HEARINGS iUAl^SfW/VijON 

WASHINGTON, DC DOCKET OFERATIOMS 

mi M -b .P 2- 58 

IN THE MATTER OF: 

ELITE AIR, INC., 

Respondent 

DOCKET NO. FAA-2011-1125 

Case No. 201OSO150236 

OUDER SETTING RULE 16 LITIGATION SCHEDULING CONFERENCE, AND 

DIRECTING RULE 26(f) PLANNING AND SUBMISSION 

1) Rule 16 Litigation Scheduling Conference: 

Pursuant to 14C.F.R. § 13.205(a)(1) and (7) and Civ.R. 16, the parties shall appear by telephone on Thursday, March 1, 2012 at 1:00pm Eastern time for a Rule 16 Litigation Scheduling Conference. During this Conference the parties will discuss the issues in the dispute, their 

jointly submitted proposed scheduling/discovery plan (see paragraph 2 infra) and respond to any 

questions regarding disagreements not resolved in the proposed plan. During the Conference a 

final scheduling/discovery plan will be ruled upon, as well as any other related matters pursuant 

to Rule 16(c). The Office of Hearings will initiate the Conference by telephone call, contacting 

each party at the party's telephone number of record. A party may provide an alternate number 

by notifying the Office of Hearings at least 24 hours prior to the Conference. 

2) Rule 26ff) Parties' Planning Meeting and Submission of Proposed Discovery Plan: 

Pursuant to 14 C.F.R. §13.217 and Civ.R. 26{i'), prior to convening with the Judge for the 

Rule 16 Litigation Scheduling Conference, the parties or their attorneys shall contact each other, 

and privately conduct a Rule 26(f) planning meeting. If settlement is not reached, the parties will 

prepare a jointly written proposed scheduling/discovery plan. The jointly proposed plan must be 

filed with the undersigned Judge on or before Thursday, February 23, 2012 (i.e., seven (7) calendar days before the Conference). In addition to filing the proposed scheduling/discovery plan 

by regular mail filing with the U.S. Department of Transportation's Docket Office, the parties 

Page I of2 
shall file a working copy of the scheduling/discovery plan with the undersigned Judge at the Office of Hearings by fax, e,\prcss carrier, or personal delivery. The ceilificale of service should 

refiect the manner of service. 

The parties' Rule 26(f) planning meeting shall include a good taith discussion about the nature and basis of each parly's claims and the possibility of settling all or pari of the case. 

During this Rule 26(f) meeting, the parties shall discuss matters identified in 14 C.F.R. 

§13.217 and Rule 26(f)(2) and (3) as part of developing their proposed .scheduling/discovery 

plan. The parties' discussion should include the scope and type of discovery (including electronic discovery), discovery deadlines, and the place of venue for hearing. The discussion should include the sequence, timing, and deadlines for any follow-up discovery, including whether discovery should be conducted in phases to prepare for any filing of particular pre-hearing motions 

(e.g., limiting scope of trial, dispositive motions, etc). The deadlines in the parlies' proposed 

scheduling/discovery plan should be mutually agreeable, with a view to achieving case resolution with a minimum of expense and delay. Any unresolved scheduling/discovery disputes 

should be clearly identified in the proposed scheduling/discovery plan, so that these disputes may 

be addressed by the Judge during the Rule 16 Litigation Scheduling Conference. 

3) Conflicts with Rule 16 Litigation Scheduling Conference Date: 

If a party has an unavoidable conflict with the scheduled Rule 16 Litigation Scheduling 

Conference set in-paragraph 1 supra, and wishes to modify the date/lime of the scheduled Conference, the party shall first confer with opposing counsel about mutually agreeable alternate dates, 

and then contact C. Diane Mays at the Office of Hearings (202-366-2132) as soon as possible after receipt of this Order, with at least three (3) mutually-agreed, proposed alternate dates/times 

for the Judge's consideration. 

Judge J.l 

U.S. AdnHioistrativeL^w Judge 

Attachment: Service List 

Pa^e 2 of 2 
FDMS NO. FAA-2011-1125 

(Civil Penalty Action) 

SERVICE LIST 

ORIGINAL & ONE COPY 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Washington, DC 20591 

Attention: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building—Suite 2W1000' 

ONE COPY 

B. Gray Gibbs, President 

Elite Air, Inc., Respondent 

100 Second Avenue South 

Suite 101-S 

St. Petersburg, FL 33701 

TEL: 727-896-5880 

FAX: 727-892-9902 

Ryan M. Landers, Complainant's Counsel 

Office of the Regional Counsel, AEA-7 

Southern Region 

Federal Aviation Administration 

P.O. Box 20636 

Atlanta, GA 30320 

TEL: 404-305-5200 

FAX: 404-305-5223 

The Honorable J. E. S\x\\\\iM\-Administralive Law Judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

1200 New Jersey Avenue, S.E. 

Washington, DC 20590 

TEL: 202-366-2132 

FAX: 202-366-7536 

' 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; Anention: Hearing Docket Clerk, AGC-*JO.