SERVED: July 14, 2016 

.. U.S. DEPARTMENT OF TRANSPORTATION 

In The Matter Of: 

FELTS FIELD AVIATION 

Respondent 

OFFICE OF HEARINGS - ., · ... - ' 

~ -·~' : 

WASHINGTON, DC 

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Docket No. F AA-2015-3307 

Case No. 2015WP910090 

ORDER EXTENDING CERTAIN 

LITIGATION D~ADLINES 

On April 14, 2016 an Order Setting Litigation Dates and Procedures was filed. 

On July 1, 2016, the Respondent, Felts Field Aviation, filed Respondent's Motion to 

Dismiss or in the Alternative Request an Informal Conference ("Motion and Request").

1 

On July 7, 2016, an Order Acknowledging the FAA's Substitution of Counsel and Setting 

an Informal Conference was filed. 

On July 8, 2016, the FAA filed by fax an eight (8) page document titled Complainant's 

Response to Respondent's First Set of Interrogatories and Requests for Production of Documents 

(Discovery Response"). This document was incomplete, since it did not include any of the 

referenced exhibits. 2 

On July 11, 2016, the FAA filed by Federal Express a complete copy of its Discovery 

Response, with Exhibits C-1, C-2, and C-3 attached. 

On July 12, 2016, the parties convened by telephone for an Informal Conference 

regarding the discovery disputes raised in the Respondent's Motion. 

1 The FAA responded orally to this Motion during the Informal Conference. However, pursuant to 14 C.F.R. §§ 

. J3.218(d) and 13.21 l(e), the FAA may still file a written response on or before July 18, 2016. 

2 The FAA's Certificate of Service noted that the complete document, with exhibits, would be filed via Federal 

Express.· 
Brief Discussion 

It was undisputed that on October 13, 2015 the Respondent served the FAA with the 

Respondent's Combined First Set oflnterrogatories and Request for Production of Documents 

("First Set of Discovery Requests"). (Conlin Deel.; 1st Disc. Req., Cert. Serv.) However, as of 

July 1, 2016, the FAA had not responded. (Conlin Deel.) 

The record also demonstrated that the FAA had been directed to disclose, on or before 

June 30, 2016 any expert witnesses it intended to call at the hearing (April 14, 2016 Order, 3, ~ 

A-7) On June 30, 2016, the FAA had failed to disclose any expert witnesses. 

In its Motion and Request, ·the Respondent complained of the FAA's failure to engage in 

the litigation process. In oral response, the.FAA asserted that a change in counsel contributed to 

its delays. The FAA also recommended consideration of the short period of time between the 

June 30, 2016 expert disclosure deadline and its disclosure of Mr. Wells on July I I, 2016 in 

assessing any prejudice to the Respondent. 

Among other things in its Motion and Request, the Respondent requested dismissal of the 

proceeding, and/or attorney's fees pursuant to Federal Rule of Civil Procedure 3 7(d)(3) as a 

sanction for.the FAA's failure to "comply with regulatory guidance and the intent, if not the 

letter, of this Court's orders." (Mot. Dismiss, 4.) During the Informal Conference the Respondent 

also requested that Mr. Eric Wells, the expert witness disclosed by the FAA in its July 11, 2016 

complete Discovery Response, be barred from testifying at the hearing, because the FAA failed 

to disclose Mr. Wells by the June 30, 2016 deadline set by the Order Setting Litigatio1i Dates and 

Procedures. 

As noted by this Court during the Informal Conference, there appeared to be a less drastic 

remedy than witness preclusion to address the multiple concerns raised the Respondent regarding 

the FAA's lack of activity on the case, and its untimely disclosure of its expert witness. At this 

point in the litigation, there is still sufficient room in the litigation schedule to extend certain 

deadlines without protracting the entire litigation schedule. Thus, the Respondent's alternate oral 

requests for additional time to file its own Expert Disclosures; providing additional time 'for 

serving Expert Rebuttal Reports; and extending the deadline to complete general disco:very was 

granted during the Informal Conference. 

Page 2 of 3 
Pursuant to 14 C.F.R. §§ 13.205, 13.217, and having reviewed the case file, all pleadings 

' 

and motions, all relevant caselaw, statutes, regulations, rules, and authority, and being fully 

advised; 

IT IS HEREBY ORDERED: 

1. The remaining matters included in the Respondent's Motion and Request is reserved until 

after July 18, 2016. 

2. The Respondent's July 12, 2016 oral motion to bar Mr. Eric Wells from testifying as an 

FAA expert witness at the hearing is denied. 

3. July 22, 2016 FAA Deadline: On or before July 22, 2016, the FAA shall serve the 

Respondent with either a modified redacted copy of Exhibit C-1, or a privilege log 

justifying the redactions to the current Exhibit C-1. 

4. August 22, 2016 Respondent's Expert Disclosure Deadline: The Respondent's Expert 

Disclosure Deadline is extended from July 14, 2016 to August 22, 2016. 

5. September 7, 2016 Expert Rebuttal Reports: The parties' deadline for exchanging 

Expert Rebuttal Reports Deadline is extended from July 28, 2016 to September 7, 2016. 

6. September 16, 2016 Gener~l Discovery Completed: The deadline for Completing 

General Discovery is extended from August 30, 2016 to September 16, 2016. 

7. If either party needs clarification or has any questions regarding the procedures contained 

in this Order, contact Ms. Rachael Brown, .Judicial Staff Assistant, at the Office of 

Hearings (202-366-2132). 

Attachment: Service List 

Page 3 of 3 
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 

ONE COPY 

Ms. Fatimah Stokley 

Complainant's Counsel 

Federal Aviation Administration, Office of the Chief Counsel 

Enforcement Division- Western Team 

P.O. Box 920007 

Los Angeles, CA 90009-2007 

TEL: 310-725-7112 

FA.x:: 310-725-6816 

Mr. Mark J. Conlin 

Mr. Benjamin L. Wyborney 

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 

U.S. 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 

Felts Field Aviation, Inc. 

Respondent 

14 East Main Ave. 

Spokane, WA 99201-0405 

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 2W1000, Washington, 

DC 20591; Attention: Hearing Docket Clerk, AGC-430.