In The Matter Of:
TYLERPENNYWITT Respondent 

## SERVED: December 13, 2013
U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS WASHINGTON, DC ..._.,. .....,

...**~: ~**  j ··.- .....

. ' '---.•,__ .. ) ) ) ) ) DocketNo. 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 thathe had notbeenretained to represent the Respondent, Mr. TylerPennywitt, inthese proceedings. OnNovember 25, 2013 the proseRespondent filed a one-page Answerto the August 30, 2013 Complaint. OnDecember 5, 2013, the parties failed to file ajointly written Proposed Scheduling!Discoveo/ Plan. As ofDecember 11, 2013, neither party had separately filed a Proposed Scheduling/Discovery Plan. OnDecember 12, 2013, the parties appeared bytelephone for a Rule 16 Litigation Scheduling Conference and discussedtheir calendar availability, hearing dates, and other litigationprocedural matters. ·Pursuantto 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 theparties to serve each other with initial disclosures pursuantto Civ. R. 26(a)(l)(A). 2. January 23,2014: General Discovery Start Date. On or before January 23, 2013, the parties shall beginexchanging or serving additional general discovery requests pursuant Page 1 of4I

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

### duces tecum; propounding interrogatories; requests for production ofdocuments; the disclosure ofexpert testimony pursuant to CR26(a)(2), etc. 3. Service ofInterrogatories. Pursuantto ·14 C.F.R. §13.220(k)(1 ), a party shall not serve more thanthirty (30) interrogatories to each other, and each subpart ofan 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 ofthe interrogatories. Pursuantto 14 C.F.R. § 13.220(m) and ParagraphD herein, any motions to compel for deficient interrogatory response(s) shall be filed within ten (10) days after receipt ofthe objection or deficient answer. 5. March 3, 2014- March 28,2014: Depositions. The parties shall take any necessary depositions betweenMarch 3, 2014 and March 28, 2014.
6. Aprilll,2014: Deadline for Completing GeneralDiscovery. The last date for both

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

requests pursuant to CR26

- 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 bothparties 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 (ifany). 8. June 26,2014: 2:00p.m.- 3:30p.m.ET. Telephone conference for oral argument on dispositive motions. N.B. Ifthe parties do not file dispositive motions, then this Telephone Conference will be automatically converted and held as a Pre-Hearing Status Conference. 9. September23,2014: List ofWitnesses/Exchange ofExhibits due date. The last date for eachparty to serve and file the following: a) A list ofthe witnesses the party intends to call; b) A short statement ofthe testimony expected from each such witness; c) The resume ofeach witness who will be offered as an expert; and d) The documents the party intends to offer in evidence (pre-marked as noted in paragraphE, infra). 10. October21,2014- October22,2014: Hearing dates. Based on the parties' agreement, the Hearing will take two (2) days or less. The Hearing will begin onTuesday, October 21,2014 (9:00a.m-5:00p.m.ET) in Jacksonville, Florida and end onWednesday, October22,2014 (9:00 a.m.-5:00p.m. ET). The specific location ofthe Hearing will be providedto the parties prior to the Hearing.

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B. Requests for modification ofthe litigation dates set forth inparagraph A maybe 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 onthe result ofthis discussion shall be includedby the movant in the Motion. C. Discovery requests or documents complying with discovery requests need not be filed inthis case withthe Office ofHearings, except as part ofa motionregarding disputed discovery, or as part ofa motion to compel discovery. D. Any Motions regarding discovery, including a Motionto Compel Discovery, must be filed within ten (10) calendar days after service ofa 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, anda declarationbythe moving party, pursuantto Civ. R. 37(a)(l),thatthe movanthas conferred or attemptedto confer in good faith withthe 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 movantto resolve the dispute and identify which discovery matters remain in dispute. Statements in oppositionto 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 inthe objections being deemed waived. Belated service ofburdensome discovery requests may also be grounds for denial ofa motion to compel compliance with suchrequests. E.

. Eachparty mustbring to the hearing at leastthree copies ofany 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. Atthe hearing, there will be the opportunity for direct examination, crossexamination, redirect examination and re-cross-examination ofeach witness. Only one representative ofa party may cross-examine a witness on behalfofthat 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 ofall evidence. G. Priorto the hearing date(s), ifa party wishes.to schedule oral argument on any motion, or set up anytype oftelephone conference on the Judge's calendar, the party shall first confer with opposing counsel about mutually agreeable alternate dates, and thenMr. Cody L. Smith, Attorney-Advisor, atthe Office ofHearings (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 beresponsible for contacting the Office ofHearings. H. Stipulated Venue: The parties agree thatthe venue location for the hearing is Jacksonville, Florida.

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I. Submission ofMaterials: The parties agree that the FAA shall resubmit the CR 26(f) Proposed Scheduling/Discovery Plan, which was mistakenly not filed priorto the December 12, 2013 Conference. In addition, the parties agree that the FAA shall submit a copy ofthe 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. Inthis Motion, the attorney shall confirmthe following: 1. The date the Respondent was served with written notice ofthe attorney's intent to withdraw; 2. The name ofthe designated agent/lay representative ifthe Respondent inthe action is 

## abusiness entity; 3. The current business address, telephone number, and fax number ofthe Respondent and ofits designated agent; 4. A statement that the Respondent has been notified in writing ofthe 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 ofall Orders issued inthis litigation, as well as any other legal documents to which the Respondent is entitled.
K. For clarifications ofthis 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

Page 4 of4SERVICE 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 2W1000 1

Mr. Christopher R. Stevenson Complainant's Counsel Office ofthe 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 HanoverPark Drive Jacksonville, FL 32224 TEL: 904-252-1356 FAX: 904-928-0909
Judge J.E. Sullivan U.S. Administrative LawJudge Office ofHearings, M-20 U.S. Department ofTransportation 1200 NewJersey 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 IndependenceAvenue, S.W., Wilbur Wright Building-Suite 2W1000, Washington, DC 20591, Attention: Hearing Docket Clerk, AGC-430.