08/23/2016 14:01 FAX 312 726 3818 CREMER SPINA SHAUGIP.!ESSY 

DATE: 

TO: 

From: 

Our File No. 

Re: 

COMMENTS: 

Sent By: 

Cremer, Spina, Shaughnessy, Jansen & Siegert, LLC 

Attorneys at Law 

One North Frankli11 Street, I Oth Floor 

Chicago, Illinois 60606 

Telephon.e: (312) 726-3800 

Fax: (312) 726-3818 

Tll:L.ECOPY COVER SHEET 

August 23,2016 

Honorable J _ E. Sullivan 

Kate Barber 

Federal Aviation Administration 

847-294-7862 

Hearing Docket Clerk, AGC-430 

Wilbur Wright Building - Suite 2Wl 000 

JohnS. Hoff 

8J 1-001 

FAA v. Vanair Manufacturing, lnc. 

FAA Case No. 2014-GL-70-0045 

Maria Rivas 

FAX 

202-366-7536 

847-294-7498 

202-267-1293 

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08/23/2016 14:02 FAX 312 726 3818 CREMER SPINA SHAUGHNESSY 

ADMINISTRATOR, 

Federal Aviation Administration 

Complainant, 

v. 

VAN AIR MANUFACTURING, INC. 

Respondent. 

Case No. 2014-GL-70-0045 

Docket No.: FAA-2016-4269 

Judge; J.E. Sullivan 

RULE 26(0 REPORT AND PROPOSED 

SCHEDULING AND DISCOVERY PLAN 

141002/005 

The parties, pursuant to § 13205 of the Rule of Practice (14 C.F.R. § 13.205), Federal 

Rule of Civil Procedure Rule 26(f) and the Court's ALtgust 4, 2016 Order, setting a Rule 16 

Litigation Scheduling Conference and directing ~ Rule 26(f) planning and submission, hereby 

files its Rule 26(f) Report, Respondent states the following: 

1, Pumumt to 14 C.F.R. §13.205(a)(6) and Fed.R.Civ.P. 26(f), a teleconference was 

held with Complainant on August 3, 2016. During the teleconference, the parties discussed the 

nature and basis of each party's claims, tbe possibility of resolving all or part of the case, the 

scope and type of discovery and the place of tbe venue for the hearing in this matter. 

2. The parties had initiated settlement discussions prior to the issuance of the 

Complaint, but have not reached a settlement. Settlement discussions will continue through the 

discovery phase. 

3. The Respondent has requested, and the Complainant has agreed to provide, the 

Enforcement Investigation Report (EIR) relative to this matter. 

4. The parties do not anticipate any issues regarding disclosure of electronically 

stored information, and believe tbat such information can be printed and produced. 
08/23/2016 14;02 FAX 312 726 3818 CREMER SPINA SHAUGHNESSY 141003/005 

5. On May 4, 2016, the Complainant filed an Amended Complaint whereby it is 

alleges that Respondent violated various Hazardous Materials Regulations. Complainant asserts 

a total civil penalty of $141,000 for the charged violations. After reviewing th~; case and 

evidence, Respond~;nt anticipates disputing the charged violations. 

6. The parties do not anticipate issues regarding claims of privilege or protection of 

materials prepared for trial. 

7. The parties anticipate that they should be able to abide by the limitations on 

discovery imposed by 49 C.F.R. §386.38, and by the Federal Rules of Civil Procedure. 

8. The parties propose that the parties will exchange the discovery disclosures 

required by Rule 26(a)(l) by August 30, 2016. 

9. The parties propose that initial discovery requests will be made by September 27, 

2016. The parties will have until October 25,2016, to respond to initial discovery requests. 

10. The parties propose tlmt the parties serve any follow-up discovery requests by 

November 8, 2016. The parties will have until December 6, 2016, to respond to follow-up 

discovery requests. 

11. The parties propose that any objections to discovery requests must be made to tl1e 

requesting party within two weeks of the discovery request. 

12. The parties propose that all dispositive motions must be filed by January 13, 

2017. 

13. The parties propose that a trial take place the week of January 30, 2017, in the 

Chicago, Illinois area. 

Dated: August 23, 2016 

2 
08/23/2016 14:03 FAX 312 726 3818 CREl!ER SPINA SHAUGHNESSY 

3 

Respectfully submitted, 

• 

:rar:edA::SCbllider 

JohnS. Hoff 

Jared A. Schneider 

Cremer, Spina, Shaughnessy, Jansen & 

Siegert, LLC 

One North Franklin Street, 1om Floor 

Chicago, Illinois 60606 

(312) 726-3 800 Tel. 

(312) 726-3818 Fax 

jhoff@cremerspina.corn 

jschneider@cremerspina.com 

1{1] 004/005 
08/23/2016 14:03 FAX 312 726 3818 CREMER SPINA SHAUGHNESSY 1410051005 

CERTIFICATE OF SERVICE 

I hereby certify that on August 23, 2016, I have sent by U.S, Post, the original and one 

(l) copy ofthe forgoing document to: 

Federal Aviation Administration 

800 Independence Avenne, SW 

Washington, DC 20594 

Attention: Hearing Docket Clerk, AGC-430 

Wilber Wright Building- Suite 2W I 000 

In addition, I hereby certifY that on August 23, 2016, I have sent by U.S. Post and via 

facsimile, a copy of the foregoing document to the following: 

Kate Barber, Esq. 

Enforcement Division, Midwest Team 

2300 East Devon Avenue 

Des Plaines, IL 60018 

kate.barber@faa.gov 

Fax: (847) 294-7498 

Honorable .T.E. Sullivan 

Administrative Law Judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

1200NewJersey Avenue, S.E. (Ell-310) 

Washington, D.C. 20590 

Fax: (202) 366-7536 

#345289 

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