## SERVED: April 14, 2016

t-'"' ,, - 

### U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS WASHINGTON, DC ··--··. i

In The Matter Of: FELTS FIELD AVIATION Respondent ) ) ) ) ) DocketNo. FAA-2015-3307 CaseNo. 2015WP910090

ORDER SETTING LITIGATION DATES AND PROCEDURES

On February 24, 2016, an Order Finding Good Cause, Directing the FAAto ConferWith Respondent, Setting A Second Rule 26(f) Deadline, and a-Second Rule 16 Litigation Scheduling Conference was filed. Among otherthings, this Order directed the parties to file a Proposed Litigation Scheduling/Discovery Plan on orbefore April 6, 2016, and set a Rule 16 Litigation Scheduling Conference for April 14, 2016, at 1:30 p.m. Eastern time. On April 1, 2016, the Office ofHearings staffnotifiedthe parties by e-mail thatthe Rule 16 Litigation Scheduling Conference would convene at 12:30 p.m. rather than 1:30 p.m. on April 14, 2016. On April 4, 2016, the parties filed a Joint Proposed Scheduling and Discovery Plan. OnApril 14, 2016, the parties appeared by telephone for the Rule 16 Litigation Scheduling Conference. During this Conference, the parties discussed the Joint Proposed Scheduling and Discovery Plan, their calendar availability, hearing dates, and other litigation procedural matters. Pursuantto 14 C.F.R. §§ 13.205, 13.220, and Ciy. R. 16, and after reviewing all relevant caselaw, regulations, statutory authority, and being fully advised; IT IS HEREBY ORDERED: A. The litigation dates, discovery procedures, and hearing dates are hereby set as follows: 1. April 29, 2016: Begin Initial Disclosures. To ensure that the parties have sufficient time to address all issues in dispute, on or before April 22, 2016, the parties shall beginserving each other with initial disclosures (as described in Civ. R. 26(a)(l)(A)(i), (ii), and (iii)) without waiting for a specific discovery request. 2. 

### On orbefore April 29, 2016: Begin General Discovery. Pursuant to 14 C.F.R. 

### § 13.220(a), the parties may have already begun conducting general discovery. Ifnot, then to ensure full use ofthe discovery time allotted in this case, the parties shall begin exchanging or serving general discovery requests on orbefore April 29, 2016, pursuantto 14 C.F.R. 

### §13.220 (b), (c), (d) and ( e). Discovery requests mustbe served sufficiently early inthe discoveryperiodto permit the service ofresponses, and raising any discovery motions, priorto the deadline for completing general discovery. , 3. 

### OptionalInformal Conferencewith the Courtre: Discovery Disputes: To provide a more efficient manner to resolve discovery disputes without the burden offiling a formal motion, a party faced with a discovery problem may first choose to request an Informal Conference with the Court, before filing any formal discovery motion. 

### See, Civ. R. 16(b)(3)(B)(v). This Informal Conference will not be court-reported. Themovant should set up such optional Informal Conference pursuant to the directions contained in paragraph D 

### infra. 4. Service oflnterrogatories. Pursuant to 14 C.F.R. § 13.220(k)(l), a party shall not serve more than thirty (30) interrogatories upon each other. Each subpart ofan interrogatory shall be counted as a separate interrogatory.

a. Objection(s) to Interrogatories. Pursuant to 14 C.F.R. § 13.220(k), any objection in response to an interrogatory must include the reason(s) supporting the objection. 5. Motions to Limit Discovery upon Receipt ofDiscovery Request: A party served with a discovery request who seeks to limit discovery pursuantto 14 C.F.R. § 13.220(f), (g), and (h), shall file a Motion for Reliefwithin 

### ten (10) 

### days after service ofthe disputed discovery request.

a. Good Faith Declaration Included: The Motion must include a declarationbythe moving party, confirming that the movant has already conferred or attempted to confer in good faith with the opposing party regarding the disputed discovery or disclosure, to try and resolve the matter informally, priorto seeking courtrelief. b. Copy ofDisputed Discovery: Pursuant to 14 C.F.R. § 13.220(b), only a copy of the disputed discovery, in support ofthe motion, should be**attach~d** to the Motion orthe Response.

c. Response to Motionto LimitDiscovery: Any Response to the Motion shouldbe filed no later than 

### ten (10) 

### days after service ofthe Motion.

Page 2of56. Motions to Compel Discovery: A party seeking to compel discovery must file a Motion to Compel within 

### ten (10) days after service ofa deficient response orafter the response to the discovery was due, whichever occurs first.

a. Procedure for Motion: Any Motion and/or Response to Compel Discovery shall be filed in the same manner as directed for Motions to Limit Discovery (paragraph 4 (a)-(c) above). 7. 

### Retained/Hired orEmployee ExpertWitness Disclosures. Ifa partyretains orhires a witness to provide expert testimony, oraparty intends to utilize the testimony ofan employee to give expert testimony-thenthe party intending to offer such witness shall disclose this retained or employee expert witness to the opposing sidepursuantto the timeline below. The expert witness disclosure shall include the name ofthe witness, the witness's expert resume orqualifications, and the witness's written report or statement of opinion (including disclosure ofthe basis ofthat opinion). a) FAA Expert Disclosure Deadline: 

### June 30, 2016. b) Respondent Expert Disclosure Deadline: 

### July 14, 2016. c) Expert Rebuttal Reports Deadline: 

### July 28, 2016. 8. 

### Duty to SupplementorAmend Discovery. Pursuant to 14 C.F.R. 

### § 13.220(i), a party who has responded to a discovery request in this case has a duty to supplement or amend the response throughout the litigation period, as soon as the information is known. 9. 

### August30, 2016: Deadline for Completing General Discovery. On orbefore August 30, 2016, the parties shall finish responding and serving answers to all general discovery requests pursuantto 14 C.F.R. § 13.220. This includes the taking offact witness and expert witness depositions, pursuantto 14 C.F.R. 

### § l3.220G). 10. 

### September30, 2016: Deadlinefor Filing Dispositive Motion(s). The last date for both parties to file any/all pre-hearing dispositive motions, including DefaultMotions and/or Summary Judgment Motions. a) 

### October21, 2016: Deadline for filing Answerto Dispositive Motion(s); b) 

### November4, 2016: Deadline for filing Reply (ifany). 11. 

### Telephone Motion Conference: November 18, 2016 (1:30 p.m.-3:00 p.m. ET). The parties shall convene by telephone for oral argument on any filed dispositive motions on November 18, 2016 (1:30 p.m.-3:00 p.m. ET). N.B. Ifthe parties do not file dispositive motions, then this Telephone Conference will be automatically converted and held as a Pre-Hearing Status Conference. 12. 

### January 13, 2017: List ofWitnesses/Exchange ofExhibits. On orbefore January 13, 2017, the parties will file the following: a) A list ofthe witnesses the party intends to call; b) A short statement ofthe testimony expected from each such witness;

Page 3 of5c) The resume or statement ofqualifications ofeach witness who will be offered as an expert; d) The documents the party intends to off er in evidence (pre-marked as noted in paragraph

### E, infra); and e) An index cover sheet with a briefdescription ofeach document. 13. January 13, 2017: Written Stipulations and/orAgreed Motions 

### in Limine. On or before January 13, 2017, the parties shall file any written stipulations that narrowthe factual orlegal issues, and/or that are agreed Motions 

### in Limine. 14. March 1, 2017

- March 2, 2017: HearingDate. Based on the parties' agreement, the Hearing will take 1.5 days or less. The Hearing will begin on March 1, 2017 (9:00 a.m-5:00 p.m.) in Spokane, WA. The Hearing will continue on March 2, 2017 (9:00 a.m-12:00 p.m.) and conclude onthat day. The specific location ofthe Hearing will be provided to the parties priorto the Hearing. B. Discovery Requests and Exchanges: Discovery requests and exchanges need not be filed with the Office ofHearings, except as part ofa motion regarding limited discovery, disputed discovery, or as part ofa motion to compel discovery. C. Failure to Move for Timely Relief/Late Service ofDiscovery: The failure to timely respond to discovery requests, and/or to timely move for relief regarding discovery disputes during the discovery period, mayresult in a finding thatthe party has, through its actions, waived its right to relief. Late service ofdiscovery requests may also be grounds for denial ofa motion to compel compliance with suchrequests. D. Scheduling Motion or Pre-Hearing Conferences on the Judge's Calendar: Prior to the Hearing date(s), ifa party wishes to schedule oral argument on any motion, or set up any type ofpre-hearing telephone conference onthe Judge's calendar, the party shall first confer with opposing counsel about mutually agreeable alternate dates. The movant shall next contact Mr. Cody L. Smith, Attorney-Advisor, at the Office ofHearings (202-366-6941) as soon as possible, with at least three (3) mutually-agreed, proposed alternate dates/times for the Judge's consideration. E. Exhibits Brought to the Hearing: Eachparty must bring to the Hearing atleast three copies ofany documents itintends to offer in evidence as exhibits (two for the Judge and one for the courtreporter). The exhibits must have an index cover sheet, and should bepre-marked and tabbed. Complainant's exhibits should be marked "C-1," "C-2," "C-3," etc. Respondent's exhibits should be marked "R-1," R-2," "R-3," etc. F. Examination Process at the Hearing: At the Hearing, there will be the opportunity for direct examination, cross-examination, and redirect examination ofeach witness. Only one representative ofa party may direct or cross-examine a witness onbehalfofthat party. Pursuant to 14 C.F.R. § 13.205 and 14
Page 4 of5C.F.R. § 13.222, the Federal Rules ofEvidence may be utilized as helpful guidance in determining the admission ofevidence. G. Attorney Withdrawal: Pursuantto 14 C.F.R. § 13.218, an attorney who wishes to withdraw from representing a party must file a Motionto Withdraw. Inthis Motion, the attorney shall confirm the following: 1. The date the Respondent was served with written notice ofthe attorney's intentto withdraw; 

### 2. Thename ofthe designated agent/lay representative ifthe Respondent inthe action is a business entity; 3. The current business address, telephone number, and fax number ofthe Respondent and ofits designated agent; 4. A statement that the Respondent has been notified in writing ofthe pendinghearing dates in this litigation, as well as the pending pre-hearing discovery deadlines and telephone conferences; and 5. A statementthat the Respondent has beenprovided a copy ofall Orders issued inthis litigation, as well as any other legal documents to whichthe Respondent is entitled. H. CourtFiling ofExhibits withthe Hearing Docket: All Exhibits that the parties have moved for admission during the Hearing will be attached to the courttranscript and filed bythe court reporter. I. Requests for Modification ofthis Order: Any requests for modification ofthe litigation dates andprocedures set forth inthis Order should be made by written Motion. The parties may also file an agreed writtenrequest. 

### J. Clarification or Questions: For clarifications ofthis order or questions with regard to the procedures to be followed in this case, please contact Mr. Cody L. Smith, Attorney-Advisor, atthe Office ofHearings (202-366-6941).

Attachment: Service List

Page 5of5Docket No. FAA-2015-3307 (Civil Penalty Action) 

### SERVICE LIST- BY U.S. MAIL ORIGINAL & ONE COPY Federal Aviation Administration 800 Independence Avenue, S.W. Washington, DC 20591 Attention: Hearing Docket Clerk, AGC-430 Wilbur Wright Building-Suite2Wl000 1

Mr. Robert Spitzer Complainant's Counsel Northwest Mountain Region ANM-7 Federal Aviation Administration 1601 Lind Ave., S.W. Renton, WA 98057 TEL: 425-227-1847 FAX: 425-227-1007 Mr. Mark J. Conlin Mr. Benjamin Wybomey Respondent's Counsel Conlin, Maloney & Miller 421 W. Riverside Ave., Suite 911 Spokane, WA 99201 TEL: 509-624-3020 FAX: 509-623-1650 Judge J.E. Sullivan US. AdministrativeLawJudge Office ofHearings, M-20 U.S. Department ofTransportation 1200 NewJersey Avenue, S.E. (El 1-310) Washington, DC 20590 TEL: 202-366-6941 FAX: 202-366-7536 ONE COPY

1Service 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-Suite 2WIOOO, Washington, DC 20591; Attention: Hearing Docket Clerk, AGC-430.