### In The Matter Of: SCOTTTICE Respondent 

## SERVED: March 11,2013
U.S. DEPARTMENT OF TRANSPORTATION

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### OFFICE OF HEARINGS WASHINGTON, DC 

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### DocketNo. FAA-2013-0042 Case No. 2012NE700211

ORDER SETTING RULE 

### 16 LITIGATION SCHEDULING CONFERENCE, AND DIRECTING RULE 

### 26(f) PLANNING AND SUBMISSION 1) Rule 16 Litigation Scheduling Conference: Pursuant to 14 C.F;R. 

### § 13.205(a)(1) and (7) and Civ. R. 16, the partiesshall appearby telephone on

### Thursday, May 16,2013, at 11:00 a.m. Easterntime for a Rule 16 Litigation Scheduling Conference. During this Conference the parties will discuss the issues in the dispute, theirjointly submittedproposed 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 otherrelated matters pursuant to Rule 16(c). The Office ofHearings will contactthe parties withthe conference call number and passcode prior to 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),prior

### to convening withthe Judge for the Rule 16 Litigation Scheduling Conference, the parties shall privately conduct a Rule 26(f) planning meeting and prepare ajointly written proposed scheduling/ discovery plan, which must he completed and filed withthe undersigned Judge oil or before 

### Thursday,May 9, 

### 2013 (i.e.
seven (7) calendar days before the Conference). The attorneys ofrecord and all unrepresentedparties arejointlyresponsible for arranging the Rule 26(f) conference, and for attempting in good faith to agree on the proposed discovery plan. The parties' Rule 26(f) planning meeting shall include a good faith discussion about the nature and basis ofeachparty's claims, the possibility ofresolving .all or part ofthe case, thescope andtype ofdiscovery (including electronic discovery) andthe 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 theirproposed scheduling/discovery plan. The parties' planning meeting should also include discussion about the sequence and timing offollow-up discovery, including whether that discovery should be conducted inphases to prepare for any filing ofparticular motions (e.g., limiting scope oftrial,dispositive motions, etc). The deadlines inthe 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 proposedplan, so thatthese disputes may be addressed bythe Judge during the Rule 16 Litigation Scheduling Conference. In addition to filing the proposed scheduling/discovery plan by regular mail filing with the Federal AviationAdministration Hearing Docket Clerk, 

### the parties shall file a working copy of the scheduling/discovery plan with the undersigned Judge at the 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 with the Scheduled Rule 16 Litigation Scheduling Conference set inparagraph 1

### supra, and wishes to modify the date/time ofthe scheduled Conference, 

### the party shall first confer with opposing counsel about mutually agreeable alternate dates, and then contact Mr. Cody L. Smith, Attorney-Advisor at the Office of Hearings (202-366-6941) as soon as possible after the receipt ofthis Order, 

### with at least three (3) mutually-agreed, proposedalternate dates/times for the Judge's c

Attachment: Service List

Page 2 of2

### 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 2W1000 1

Mr. 

### R. Bennett Sargent, Esq. 

### Complainant's Counsel Office ofthe Regional Counsel, ANE-7 NewEngland Region Federal Aviation Administration 12 NewEngland Executive Park Burlington, MA 01821 TEL: 781-238-7058 FAX: 781-238-7055 Mr. Scott Tice 

### Pro se Respondent 21125 Timberland Road Barronett, WI 54813-9540
Judge J.E. Sullivan 

### US. Administrative Law Judge Office ofHearings, M-20 U.S. Department ofTransportation 1200New Jersey Avenue, S.E. (Ell-310) Washington, DC 20590 TEL: 202-366-2132 FAX: 202-366-7536 

### ONE COPY FDMS No. FAA-2013-0042 (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-Suite2WIOOO, Washington, DC 20591; Attention: Hearing Docket Clerk, AGC-430.