In The Matter Of: M.T.I. TRAVEL, INC. Respondent 

## SERVED: June3, 2014
U.S. DEPARTMENT OFTRANSPORTATION OFFICE OF HEARINGS WASHINGTON,DC ) ) ) ) ) DocketNo. FAA-2014-0110 CaseNo. 2013S0950011

ORDERSETTING LITIGATIONDATES AND PROCEDURES On April 7, 2014, an Order Setting Rule 16 Litigation Scheduling Conference and Directing Rule 26(f) Planning and Submission was filed. On May 27, 2014, the parties filed a Joint Proposed Procedural Schedule. On June 3, 2014, 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.ER. §13.217, and 14 C.F.R. §13.220, and afterreviewing all relevant caselaw, regulation, statutory authority, and being fully advised;

ITIS HEREBY ORDERED: A. The litigation dates, discovery procedures, and hearing dates are hereby set as follows: 1. InitialDisclosures. Theparties agreed that initial disclosures (as described in Civ. R. 26(a)(1)(A)(i), (ii), and (iii)) have already been exchanged. 2. On orbeforeJune 3, 2014: GeneralDiscovery Initiated. Pursuantto 14 C.F.R. §13.220(a), the parties may immediately begin conducting general discovery. However, in order to ensure full use ofthe discovery time allotted inthis case (14 C.F.R. §13.220 (b), (c), (d) and (e)), the parties shall begin exchanging or serving general discovery requests on orbefore June 3, 2014. General discovery includes, but is not limited to: taking depositions; serving and answering requests for production ofdocuments; interrogatories; requests for admission;etc. 3. Service oflnterrogatories. Pursuant to 14 C.F.R. §13.220(k)(l), a party shall not serve more than thirty (30) interrogatories upon each other. Each subpart ofan interrogatory shall be counted as a separate interrogatory.

Page 1 of5 f i iba. Objection(s) to Interrogatories. Pursuant to 14 C.F.R. § 13.220(k), any objection inresponse to an interrogatory must include the reason(s) supporting the objection. / 4. Motions to Limit Discovery upon Receipt ofDiscovery Request: A party served with a discovery request who seeks to limit discovery pursuantto 14 C.F.R. § 13.220(f), (g), and (h), shall file a Motion for Reliefwithin ten (10) days after service ofthe disputed discovery request.

a. Good FaithDeclaration Included: The Motion should include a declaration bythe moving party, confirming that the movant has already conferred or attempted to conferin good faith with the opposing party regarding the disputed discovery or disclosure, to try and resolve the matter informally, priorto seeking courtrelief. b. Copy ofDisputedDiscovery: Pursuantto 14 C.F.R.'§l3.220(b), only a copy of the disputed discovery, in support ofthe motion, shouldbe attached to the Motion orthe Response.

c. Response to Motion to Limit Discovery. Any Response to the Motion shouldbe filed no laterthan ten (10) days after service ofthe Motion. 5. Motions to Compel Discovery: A party seeking to compel discovery must file a Motion to Compel within ten (10) days after receipt ofservice ofa deficientresponse or after the response to the discovery is due, whichever occurs first.

a. Procedure for Motion: Any Motion and/or Response to Compel Discovery shall be filed in the same manner as directed above for Motions to LimitDiscovery (paragraph 4 and 4 (a)-(c)). 6. Dutyto SupplementorAmendDiscovery: Pursuantto 14 C.F.R. § 13.220(i), a party who has responded to a discovery request inthis case has a duty to supplement or amend the response throughout the litigation period, as soon as the information is known. 7. July 1, 2014: Retained/Hired orEmployeeExpertWitness Disclosures. Ifa party retains or hires a witness to provide expert testimony, or a party intends to utilize the testimony ofan employee whose duties regularly involve giving expert testimony

- then the party intending to offer such witness shall disclose this retained oremployee expert witness to the opposing side on orbefore July 1, 2014. This expert witness disclosure shall include the name ofthe witness, the witness's resume or qualifications, and the witness's writtenreport or statement ofopinion (including disclosure ofthe basis ofthat opinion).

a. Any and all other expert witnesses who either party intends to call at the hearing shall be disclosed inthe initial discovery exchange, and in response to general discovery requests.

Page 2 of58. July 25, 2014: Deadline for Completing General Discovery. On orbefore July 25, 2014, the parties shall finish responding and serving answers to all general discovery requests pursuant to 14 C.F.R. §13.220. This includes the taking ofdepositions, pursuant to 14 C.F.R. §13.2200). 9. Deadlines for Filing Dispositive Motion(s). No deadlines are set. The parties agree to work collaboratively on a filing schedule, and advise the court ofthe same, ifsuch motions are pursued. 10. Telephone Conference: September23,2014 (10:00 a.m.-11:00 a.m. ET). On September 23, 2014 (10:00 am-11 :00 am), the parties shall convene by telephone for oral argument on any filed 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. 11. October 3, 2014: List ofWitnesses/Exchange ofExhibits. On orbefore October3, 2014, the parties will 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;

- d) The documents the party intends to offer in evidence (pre-marked as noted in paragraphE, infra); and e) An index cover sheet with a briefdescription ofeach document. 12. October3, 2014: Written Stipulations and/or Agreed Motions 

### in Limine. On or before October3,2014, the parties shall file any written stipulations that narrow the factual orlegal issues, and/or that are agreed Motions in Limine. 13. November 3,2014- November4, 2014: Hearing Dates. Based onthe parties' agreement, the Hearing will take two (2.0) days or less. The Hearing will begin on Tuesday, November3, 2014 (9:00a.m-5:00p.m. ET) in Newark, NewJersey. The Hearing will end on Wednesday, November 3,2014 (9:00 a.m.-12:00 p.m. ET). The specific location ofthe Hearing will be provided to the parties priorto the Hearing.
B. Discovery Requests and Exchanges: Discovery requests and exchanges need not be filed with the Office ofHearings, except as part ofa motion regarding limited discovery, disputed discovery, or as part ofa motionto compel discovery. C. Failure to Move for Timely Relief/Late Service ofDiscovery: The failure to timely respond to discovery requests, and/orto timely move for relief regarding discovery disputes during the discovery period, may result in a finding that the party has, through its actions, waived its right to relief. Late service ofdiscovery requests may also be grounds for denial ofa motion to compel compliance with suchrequests. Page 3 of5D. Scheduling Motion orPre-Hearing Conferences onthe Judge's Calendar: Prior to the Hearing date(s), ifa party wishes to schedule oral argument on any motion, or set up any type ofpre-hearing telephone conference onthe Judge's calendar, the party shall first confer with opposing counsel about mutually agreeable alternate dates. The movant shall next contact Mr. Cody L. Smith, Attorney-Advisor, at the Office ofHearings (202-366-6941) as soon as possible, with at least three (3) mutually-agreed, proposed alternate dates/times for the Judge's consideration. E. Requests for Modificationofthis Order: Any requests for modification ofthe litigation dates and procedures set forth in this Order should be made bywritten Motion. The parties may also file an agreed written request. F. 

### AttorneyWithdrawal: Pursuant to 14 C.F.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:

a. The date the Respondent was served with written notice ofthe attorney's intent to withdraw; b. The name ofthe designated agent/lay representative ifthe Respondent inthe action is a business entity; c. The currentbusiness address, telephone number, and fax number ofthe Respondent and ofits designated agent; d. A statementthat the Respondent has been notified in writing ofthe pending hearing dates in this litigation, as well as the pendingpre-hearing discovery deadlines and telephone conferences; and e. A statementthat the Respondent has been provided a copy ofall Orders issued in this litigation, as well as any other legal**docu~ents** to which the Respondent is entitled.
G. Exhibits Broughtto the Hearing: Each party must bring to the Hearing three copies ofany documents it intends to offer in evidence as exhibits (one for the Judge and two for the court 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 shouldbe marked "R-1," R-2," "R3," etc. IfExhibits are voluminous, they should be tabbed and placed in a 3-ringbinder. H. Examination Process at the Hearing: At the Hearing, there will be the opportunity for direct examination, cross-examination, and redirect examination ofeach witness. Only one representative ofa party may direct or cross-examine a witness onbehalfofthat party. Pursuant to 14 C.F.R. §13.205 and 14 C.F.R. §13.222, the Federal Rules ofEvidence willbe utilized as a guideline in determining the admission ofall evidence.

Page 4of5I. Court Filing ofExhibits with the Hearing Docket: All Exhibits moved for admission during the Hearing will be attached to the Hearing transcript and filed with the Hearing Docket by the court reporter. Any Exhibits not moved for admission atthe Hearing will be returned to the parties ordestroyed. J. Clarification or Questions: 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 ofHearings (202-366-6941).

Attachment: Service List

Page 5 of5SERVICE LIST- BY 

### U.S. MAIL



### Federal Aviation Administration 800 Independence Avenue, S.W. Washington, DC 20591 ORIGINAL & ONE COPY



### Attention: Hearing Docket Clerk, AGC-430 WilburWright Building-Suite2W10001



### Mr. Michael F. McKinley Complainant's Counsel ONE COPY



### Senior Attorney, Office ofthe ChiefCounsel, AGC-300 Federal Aviation Administration 800 Independence Avenue, S.W. Washington, DC 20591 TEL: 202-267-7100 FAX: 202-267-5106 Mr. David P. Affinito Respondent's Counsel 

### Dell'Italia, Affinito & 

### Santola 18 Tony Galento Plaza Orange, NJ 07050 TEL: 973-672-8000 FAX: 973-672-8215
Judge J.E. Sullivan US. Administrative LawJudge 

### Office ofHearings, M-20 U.S. Department ofTransportation 1200 New Jersey Avenue, S.E. (Ell-310) Washington, DC 20590 TEL: 202-366-6941 FAX: 202-366-7536 DocketNo. FAA-2014-0110 (Civil Penalty Action)

1 Service was by U.S. Mail. For service in person orby expedited courier, use the following address: Federal Aviation Administration, 600 Independence Avenue, S.W., Wilbur Wright Building-Suite 2Wl000, Washington, DC 20591; Attention: Hearing Docket Clerk, AGC--430.