SERVED: April 14, 2016 

t-'"' ,, -

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, DC 

··--··. i 

In The Matter Of: 

FELTS FIELD AVIATION 

Respondent 

) 

) 

) 

) 

) 

Docket No. FAA-2015-3307 

Case No. 2015WP910090 

ORDER SETTING LITIGATION DATES AND PROCEDURES 

On February 24, 2016, an Order Finding Good Cause, Directing the FAA to Confer With 

Respondent, Setting A Second Rule 26(f) Deadline, and a-Second Rule 16 Litigation Scheduling 

Conference was filed. Among other things, this Order directed the parties to file a Proposed 

Litigation Scheduling/Discovery Plan on or before 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 of Hearings staff notified the parties by e-mail that the 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. 

On April 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. 

Pursuant to 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 begin 
serving 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 or before April 29, 2016: Begin General Discovery. Pursuant to 14 C.F.R. § 

13.220(a), the parties may have already begun conducting general discovery. If not, then 

to ensure full use of the discovery time allotted in this case, the parties shall begin 

exchanging or serving general discovery requests on or before April 29, 2016, pursuant to 

14 C.F .R. § 13 .220 (b ), ( c ), ( d) and ( e ). Discovery requests must be served sufficiently 

early in the discovery period to permit the service of responses, and raising any discovery 

motions, prior to the deadline for completing general discovery. , 

3. Optional Informal Conference with the Court re: Discovery Disputes: To provide a 

more efficient manner to resolve discovery disputes without the burden of filing 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. The movant 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 of an 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 of Discovery Request: A party served with a 

discovery request who seeks to limit discovery pursuant to 14 C.F.R. § 13.220(f), (g), and 

(h), shall file a Motion for Relief within ten (10) days after service of the disputed 

discovery request. 

a. Good Faith Declaration Included: The Motion must include a declaration by the 

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, prior to seeking court relief. 

b. Copy of Disputed Discovery: Pursuant to 14 C.F .R. § 13 .220(b ), only a copy of 

the disputed discovery, in support of the motion, should be attach~d to the Motion 

or the Response. 

c. Response to Motion to Limit Discovery: Any Response to the Motion should be 

filed no later than ten (10) days after service of the Motion. 

Page 2of5 
6. Motions to Compel Discovery: A party seeking to compel discovery must file a Motion 

to Compel within ten (10) days after service of a deficient response or after 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 or Employee Expert Witness Disclosures. If a party retains or hires a 

witness to provide expert testimony, or a party intends to utilize the testimony of an 

employee to give expert testimony-then the party intending to offer such witness shall 

disclose this retained or employee expert witness to the opposing side pursuant to the 

timeline below. The expert witness disclosure shall include the name of the witness, the 

witness's expert resume or qualifications, and the witness's written report or statement of 

opinion (including disclosure of the basis of that 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 Supplement or Amend 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. August 30, 2016: Deadline for Completing General Discovery. On or before August 

30, 2016, the parties shall finish responding and serving answers to all general discovery 

requests pursuant to 14 C.F.R. § 13.220. This includes the taking of fact witness and 

expert witness depositions, pursuant to 14 C.F.R. § l 3.220G). 

10. September 30, 2016: Deadline for Filing Dispositive Motion(s). The last date for both 

parties to file any/all pre-hearing dispositive motions, including Default Motions and/or 

Summary Judgment Motions. 

a) October 21, 2016: Deadline for filing Answer to Dispositive Motion(s); 

b) November 4, 2016: Deadline for filing Reply (if any). 

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. If the 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 of Witnesses/Exchange of Exhibits. On or before January 13, 

2017, the parties will file the following: 

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

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

Page 3 of 5 
c) The resume or statement of qualifications of each 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 brief description of each document. 

13. January 13, 2017: Written Stipulations and/or Agreed Motions in Limine. On or 

before January 13, 2017, the parties shall file any written stipulations that narrow the 

factual or legal issues, and/or that are agreed Motions in Limine. 

14. March 1, 2017 - March 2, 2017: Hearing Date. 

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 on that day. The specific 

location of the Hearing will be provided to the parties prior to the Hearing. 

B. Discovery Requests and Exchanges: 

Discovery requests and exchanges need not be filed with the Office of Hearings, except 

as part of a motion regarding limited discovery, disputed discovery, or as part of a motion to 

compel discovery. 

C. Failure to Move for Timely Relief/Late Service of Discovery: 

The failure to timely respond to discovery requests, and/or to timely move for relief 

regarding discovery disputes during the discovery period, may result in a finding that the 

party has, through its actions, waived its right to relief. Late service of discovery requests 

may also be grounds for denial of a motion to compel compliance with such requests. 

D. Scheduling Motion or Pre-Hearing Conferences on the Judge's Calendar: 

Prior to the Hearing date( s ), if a party wishes to schedule oral argument on any motion, or 

set up any type of pre-hearing telephone conference on the 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 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. 

E. Exhibits Brought to the Hearing: 

Each party must bring to the Hearing at least three copies of any documents it intends to 

offer in evidence as exhibits (two for the Judge and one for the court reporter). The exhibits 

must have an index cover sheet, and should be pre-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 of each witness. Only one representative of a party may direct or 

cross-examine a witness on behalf of that party. Pursuant to 14 C.F.R. § 13.205 and 14 

Page 4 of 5 
C.F.R. § 13.222, the Federal Rules of Evidence may be utilized as helpful guidance in 

determining the admission of evidence. 

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

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

H. Court Filing of Exhibits with the Hearing Docket: 

All Exhibits that the parties have moved for admission during the Hearing will be 

attached to the court transcript and filed by the court reporter. 

I. Requests for Modification of this Order: 

Any requests for modification of the litigation dates and procedures set forth in this Order 

should be made by written Motion. The parties may also file an agreed written request. 

J. Clarification or Questions: 

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 

(202-3 66-6941 ). 

Attachment: Service List 

Page 5of5 
Docket 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-Suite 2Wl 0001 

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. Administrative Law Judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

1200 New Jersey Avenue, S.E. (El 1-310) 

Washington, DC 20590 

TEL: 202-366-6941 

FAX: 202-366-7536 

ONE COPY 

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.