In The Matter Of: 

## SERVED: SEPTEMBER 3, 2015
U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS WASHINGTON, DC

Docket No. FAA-2015-1325 BEACH AVIATION, LLC ) ) ) ) ) Case No. 2013S0950071 Respondent

ORDER SETTING A RULE 16 LITIGATION SCHEDULING CONFERENCE, AND DIRECTING THE PARTIES TO ·

CONFERAND FILE A RULE 26(t) PROPOSED DISCOVERY PLAN 1) Rule 16 Litigation Scheduling Conference: I ) •·:•**~** '.

Pursuant to 14 C.F.R. § 13.205 and Civ, R. 16, the parties shall appear by telephone on Thursday, December 

### 10,2015, at 

### 1:30 p.m. 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 parties shall access the Conference by dialing 202-493-2343.
2) Parties' Rule 26([) Planning Meeting and Submission ofProposed Discovery Plan: Pursuant to 14 C.F.R. § 13.205(a)(6) and Civ. R. 26(f),priorto convening with the 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 be completed and filed with the undersigned Judge on or before Thursday, December 

### 3, 2015 (i.e. at least seven (7) calendar days before the Conference). The attorneys ofrecord and all unrepresented parties arejointly responsible for arranging the Rule 26(f) conference, and for attempting in good faith to agree on the proposed discovery plan.The parties' Rule 26(t) 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, theparties shall discuss matters identified in 14 C.P.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 aboutthe 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 proposed discovery deadlines inthe parties' proposed scheduling/discovery plan shouldbe mutually agreeable, with a viewto achieving case resolution with a minimum of expense and delay. Any unresolved scheduling/discovery disputesshould be clearly identified in the proposed plan, so that these disputes may be addressed by the Judge during the Rule 16 Litigation Scheduling Conference.
3) Filing and Serving Documents: Pursuant to 14 C.P.R. § 13.2ll(a), a copy ofany document a party files with the Federal Aviation Administration Hearing Docket ("Hearing Docket") must also be separately filed with the undersigned, and serveduponthe opposing party. 4) Compliance with Court-Ordered Deadline Dates: Wheneverthe Judge orders the parties to file documents by a specific deadline date (see, e.g., paragraph 2 above) such deadline date is the date bywhich the documents mustbe datestamped received atthe Office ofHearings. To ensure compliance with this and any future Orders setting deadlines, the parties are encouraged to fax orpersonally deliver a copy oftheir documents tothe Office ofHearings (Fax: 202-366-:7536), on or before the deadline date. Failure ofa party to timely file documents by the court-ordered deadline could leadto the party's position notbeing considered.

Page 2 of35) Conflicts withthe Rule 16 Litigation Scheduling Conference Date: Ifa partyhas an unavoidable conflict with the Scheduled Rule 16 Litigation Scheduling Conference set in paragraph 1supra, and wishes to modify the date/time ofthe scheduled Conference, the party shallfirst 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 leastthree (3) mutually-agreed, proposed alternate dates/times for the Judge's consideration.

an mtmn' nstrative LawJudge

Attachment: Service List

Page 3 of3

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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-Suite2W10001

Mr. Brandon C. Goldberg 

### Complainant's Counsel Office ofthe Regional Counsel, AS0-7 

### ONE COPY

Federal AviationAdministration, Southern Region 1701 ColumbiaAvenue College Park, GA 30337 TEL: 404-305-5200 FAX: 404-305-5223 Mr. Charles Brady BeachAviation, LLC 

### Respondent 3700 Airport Road, Suite 405 BocaRaton, FL 33431 TEL: 954-600-0260 Judge J.E. Sullivan 

### U.S. Administrative LawJudge Office ofHearings, M-20 U.S. Department ofTransportation 1200 NewJersey Avenue, S.E. (E11-310) Washington, DC 20590 TEL: 202-366-6941 FPC(: 202-366-7536 DocketNo. FAA-2015-1325 (Civil Penalty Action)

1 Service wasbyU.S. Mail. For service inperson orbyexpedited courier, use the following address: Federal Aviation Administration, 600 Independence Avenue, S.W., Wilbur Wright Building-Suite2W1000, Washington, DC 20591; Attention: Hearing Docket Clerk, AGC-430.