In The Matter Of: MOUNTAIN AIR CARGO, INC. Respondent 

## SERVED: MAY 16,2014
U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS WASHINGTON, DC
) ) ) ) ) ) Docket No. FAA-2014-0111

Case No. 2013EA680043

ORDER SETTING RULE 16 LITIGATION SCHEDULING CONFERENCE AND DIRECTING RULE 26(f) PLANNING AND SUBMISSION 1) Rule 16 Litigation Scheduling Conference: Pursuant to 14 C.P.R.§ 13.205(a)(1) and (7) and Civ. R. 16, the parties shall appear by telephone on

### Tuesday, July 15,2014, at 10:00 a.m. Eastern time for a Rule 16 Litigation Scheduling Conference. During this Conference the parties will discuss the issues inthe dispute, theirjointly submitted proposed scheduling/discovery plan (see paragraph 2 infra) and respond to any questions regarding disagreements not resolved in the proposed plan. During the Conference a final scheduling/discovery plan will be ruled upon, as well as any other related matters pursuantto Rule 16(c). The parties shall access the Conference by dialing 202-493-2343.
2) Parties' Rule 26(:t) Planning Meeting and Submission ofProposed Discovery Plan: Pursuantto 14 C.F.R. 

### § 13.217 and Civ. R. 26(f), priorto conveningwiththe Judge for the Rule 16 Litigation Scheduling Conference, the parties shall privately conduct a Rule 26(f) planning meeting and prepare ajointlywritten proposed scheduling/ discovery plan, whichmust be completed and filed withthe undersigned Judge on or before 

### Tuesday, July 8,

### 2014 (i.e.
seven (7) calendar days before the Conference). The attorneys ofrecord and all unrepresented parties arejointlyresponsible for arranging the Rule 26(f) conference, and for attempting in good faith to agree onthe proposed discovery plan.

## t

The parties' Rule 26(t) planning meeting shall include a good faith discussion about the nature and basis ofeachparty's claims, the possibility ofresolving all orpart ofthe case, the scope andtype ofdiscovery (including electronic discovery) and the place ofvenue for hearing. During this meeting, the parties shall discuss matters identified in 14 C.F.R. 

### § 13.217 and Rule 26(t)(2) and (3) as part ofdeveloping their proposed scheduling/discovery plan. The parties' planning meeting should also include discussion about the sequence and timing offollow-up discovery, including whetherthat discovery should be conducted inphases to prepare for any filing ofparticular motions (e.g., limiting scope oftrial, dispositive motions, etc). The deadlines intheparties' proposed scheduling/discovery plan should be mutually agreeable, with a viewto achieving case resolution with a minimum ofexpense and delay. Any unresolved scheduling/discovery disputes should be clearly identified in the proposed plan, so that these disputes may be addressed bythe Judge during the Rule 16 Litigation Scheduling Conference. In additionto filing the proposed scheduling/discovery planby regular mail filing withthe Federal Aviation Administration Hearing Docket Clerk, the parties shall file a working copy of the scheduling/discovery plan with the undersigned Judge at**t~e** Office ofHearings by fax, express carrier, or personal delivery. The certificate ofservice should reflect the manner of service.
3) Conflicts with Rule 16 Litigation Scheduling Conference Date: Ifa party has anunavoidable conflict withthe Scheduled Rule 16 Litigation Scheduling Conference set inparagraph 1 

### supra, and wishes to modify the date/time ofthe scheduled Conference, the party shall first confer with opposing counsel about mutually agreeable alternate dates, and then contact Mr. CodyL. Smith, Attorney-Advisor atthe Office of Hearings (202-366-6941) as soon as possible after the receipt ofthis Order, with at least three (3) mutually-agreed, proposed alternate dates/times for the Judge's consideration.

Attachment: Service List

Page 2 of 2

### DocketNo. FAA-2014-0111 (Civil Penalty Action) SERVICE 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 Wilbur Wright Building-Suite2W1000 1

Mr. 

### Zachery M. Berman Complainant's Counsel Office ofthe ChiefCounsel Federal Aviation Administration 1Aviation Plaza Jamaica, NY 11434 TEL: 718-553-3258 fPC(: 718-995-5699 Mr. 

### Mark A. Dombroff Respondent's Counsel McKenna Long & 

### Alderidge 1676 International Drive PH McLean, VA 22102 TEL: 703-336-8700 FPC(: NOT PROVIDED
Judge J.E. Sullivan US. AdministrativeLawJudge Office ofHearings, M-20 U.S. Department ofTransportation 1200 NewJersey Avenue, S.E. (Ell-310) Washington, DC 20590 TEL: 202-366-6941 fPC(: 202-366-7536 ONE COPY

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-Suite2WIOOO, Washington, DC 20591; Attention: Hearing Docket Clerk, AGC-430.