In The Matter Of: 

TYLER PENNYWITT 

Respondent 

SERVED: December 13, 2013 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, DC ..._.,. . ...., 

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Docket No. FAA-2013-0716 

Case No. 2012S0150128 

ORDER SETTING LITIGATION DATES AND PROCEDURES 

On October 22, 2013, an Order Setting Rule 16 Litigation Scheduling Conference and 

Directing Rule 26(f) Planning and Submission was filed. 

On October 30, 2013, an attorney, Mr. Mitchell A. Stone, filed a one-page letter stating 

that he had not been retained to represent the Respondent, Mr. Tyler Pennywitt, in these 

proceedings. 

On November 25, 2013 the prose Respondent filed a one-page Answer to the August 30, 

2013 Complaint. 

On December 5, 2013, the parties failed to file a jointly written Proposed 

Scheduling!Discoveo/ Plan. 

As of December 11, 2013, neither party had separately filed a Proposed 

Scheduling/Discovery Plan. 

On December 12, 2013, the parties appeared by telephone for a Rule 16 Litigation 

Scheduling Conference and discussed their calendar availability, hearing dates, and other 

litigation procedural matters. 

·Pursuant to 14 C.F.R. §13.205(a)(1), (6) and (7), Civ. R. 16, 14 C.F.R. §13.217, and 14 

C.F.R. §13.220, and after reviewing all relevant caselaw, regulation, statutory authority, and 

being fully advised; 

IT IS HEREBY ORDERED: 

A. The litigation dates and hearing dates are hereby set as follows: 

1. January 9, 2014: Deadline for Initial Disclosures. The last date for the parties to serve 

each other with initial disclosures pursuant to Civ. R. 26(a)(l)(A). 

2. January 23,2014: General Discovery Start Date. On or before January 23, 2013, the 

parties shall begin exchanging or serving additional general discovery requests pursuant 

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to CR 26- CR 36 and 14 C.F.R. §13.220(b) and (e). This includes, but is not limited to: 

notices of deposition; subpoenas duces tecum; propounding interrogatories; requests for 

production of documents; the disclosure of expert testimony pursuant to CR 26(a)(2), etc. 

3. Service of Interrogatories. Pursuant to ·14 C.F .R. § 13 .220(k)( 1 ), a party shall not serve 

more than thirty (30) interrogatories to each other, and each subpart of an interrogatory 

shall be counted as a separate interrogatory. 

4. Objections to, and Motions Regarding, Interrogatories. Pursuant to 14 C.F.R. 

§ 13.220(k), any objection(s) to interrogatories shall be filed within ten (10) days after 

receipt of the interrogatories. Pursuant to 14 C.F.R. § 13.220(m) and Paragraph D herein, 

any motions to compel for deficient interrogatory response(s) shall be filed within ten 

(10) days after receipt of the objection or deficient answer. 

5. March 3, 2014- March 28,2014: Depositions. The parties shall take any necessary 

depositions between March 3, 2014 and March 28, 2014. 

6. Aprilll, 2014: Deadline for Completing General Discovery. The last date for both 

· parties to finish responding and serving answers to all additional general discovery 

requests pursuant to CR 26 - CR 36 and 14 C.F .R. § 13 .220(b) and (e). 

7. May 2, 2014: Deadlines 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) May 23,2014: Deadline for filing Answer to Dispositive Motion(s); 

b) June 6, 2014: Deadline for filing Reply (if any). 

8. June 26,2014: 2:00p.m.- 3:30p.m. ET. Telephone conference for oral argument on 

dispositive motions. 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. 

9. September 23,2014: List of Witnesses/Exchange of Exhibits due date. The last date 

for each party to serve and 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; 

c) The resume of each witness who will be offered as an expert; and 

d) The documents the party intends to offer in evidence (pre-marked as noted in 

paragraph E, infra). 

10. October 21,2014- October 22,2014: Hearing dates. Based on the parties' agreement, 

the Hearing will take two (2) days or less. The Hearing will begin on Tuesday, October 

21,2014 (9:00a.m-5:00p.m. ET) in Jacksonville, Florida and end on Wednesday, 

October 22,2014 (9:00 a.m.-5:00p.m. ET). The specific location of the Hearing will 

be provided to the parties prior to the Hearing. 

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B. Requests for modification of the litigation dates set forth in paragraph A may be 

made by written Motion. Before filing such a Motion, however, the party seeking the 

modification shall contact the opposing party and seek to arrive at mutually convenient 

alternative date(s). A report on the result ofthis discussion shall be included by the movant in 

the Motion. 

C. Discovery requests or documents complying with discovery requests need not be 

filed in this case with the Office of Hearings, except as part of a motion regarding disputed 

discovery, or as part of a motion to compel discovery. 

D. Any Motions regarding discovery, including a Motion to Compel Discovery, must 

be filed within ten (10) calendar days after service of a deficient response or after the response to 

the discovery is due, whichever occurs first. Motions to Compel and other discovery motions 

must be accompanied by the relevant discovery requests and responses, and a declaration by the 

moving party, pursuant to Civ. R. 37(a)(l), that the movant has conferred or attempted to confer 

in good faith with the party alleged to have failed to make discovery or disclosure. 

The Civ. R. 37(a)(1) declaration shall specifically indicate the efforts made by the 

movant to resolve the dispute and identify which discovery matters remain in dispute. Statements 

in opposition to discovery motions must be filed within ten (10) calendar days after service of 

the motion. The failure to timely file objections to discovery may result in the objections being 

deemed waived. Belated service of burdensome discovery requests may also be grounds for 

denial of a motion to compel compliance with such requests. 

E. . Each party must bring to the hearing at least three copies of any documents it 

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

exhibits must have an index cover sheet, and should be pre-marked. Complainant's exhibits 

should be marked "C-1," "C-2," "C-3," etc. Respondent's exhibits should be marked "R-1," R2," "R-3," etc. 

F. At the hearing, there will be the opportunity for direct examination, crossexamination, redirect examination and re-cross-examination of each witness. Only one 

representative of a party may cross-examine a witness on behalf of that party. Pursuant to 14 

C.F.R. §13.205 and 14 C.F.R. §13.222, the Federal Rules ofEvidence will be utilized as a 

guideline in determining the admission of all evidence. 

G. Prior to the hearing date(s), if a party wishes.to schedule oral argument on any 

motion, or set up any type oftelephone conference on the Judge's calendar, the party shall first 

confer with opposing counsel about mutually agreeable alternate dates, and then Mr. Cody L. 

Smith, Attorney-Advisor, at the Office of Hearings (202-36q-6941) as soon as possible, with at 

least three (3) mutually-agreed, proposed alternate dates/times for the Judge's consideration. 

The movant shall be responsible for contacting the Office of Hearings. 

H. Stipulated Venue: The parties agree that the venue location for the hearing is 

Jacksonville, Florida. 

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I. Submission of Materials: The parties agree that the FAA shall resubmit the CR 

26(f) Proposed Scheduling/Discovery Plan, which was mistakenly not filed prior to the 

December 12, 2013 Conference. In addition, the parties agree that the FAA shall submit a copy 

of the Respondent's August 2, 2013 Judgment and Sentence so that the administrative court may 

be more fully informed about the Respondent's Answer. 

J. Attorney Withdrawal: Pursuant to 14 C.P.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. 

K. 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 (202-366-6941). 

Attachment: Service List 

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SERVICE LIST 

ORIGINAL & ONE COPY 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Washington, DC 20591 

Attention: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building-Suite 2W1 0001 

Mr. Christopher R. Stevenson 

Complainant's Counsel 

Office of the Regional Counsel, ASO-7 

Southern Region 

Federal Aviation Administration 

P.O. Box 20636 

Atlanta, GA 30320 

TEL: 404-305-5200 

FAX: 404-305-5223 

Mr. Tyler Pennywitt 

Respondent 

4483 Hanover Park Drive 

Jacksonville, FL 32224 

TEL: 904-252-1356 

FAX: 904-928-0909 

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. (Ell-310) 

Washington, DC 20590 

TEL: 202-366-6941 

FAX: 202-366-7536 

ONE COPY 

FDMS No. FAA-2013-0716 

(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-Suite 2W1000, Washington, 

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