-~. 

In The Matter Of: 

HELOAIR, INC. 

Respondent 

SERVED JULY 13, 2012 

U.S. DEPARTMENT OF TRANSPORTATION· 

OFFICE OF HEARINGS 

WASHINGTON, DC 

) 

) 

) 

) 

) 

Docket No. FAA-2012-0472 

Case No. 2011 EA 210018 

13 

ORDER SETTING RULE 16 LITIGATION SCHEDULING CONFERENCE, AND 

DIRECTING RULE 26(t) PLANNING AND SUBMISSION 

1) Rule 16 Litigation Scheduling Conference: 

Pursuant to 14 C.F.R. §13.20~(,a,)(1) and (7) and Civ. R. 16, the parties shall appear by telephone on Friday, September 18,2012 at 1l:00am Eastern time for a Rule 16 Litigation 

Scheduling Conference. During this Conference the parties will discuss the issues in the dispute, 

their jointly submitted proposed scheduling/discovery plan (see paragraph 2 infra) and respond 

to any questions regarding disagreements not resolved in the pro:gosed plan. During the Conference a final scheduling/discovery plan will be ruled upon, as well as any other related matters 

pursuant to Rule 16( c). The Office of Hearings will initiat~ the Conference by telephone call, 

contacting each party at the party's telephone number of record. A party may provide an alternate number by notifying the Office of Hearings at least 24 hours prior to the Conference. 

" 

2) Rule 26Cf) Attorneys' Planning Meeting, and Submission of Proposed Discovery Plan: 

Pursuant to 14 c:F.R. §13.217 and Civ. R. 26(f),prior to convening with the Judge for the 

Rule 16 Litigation Scheduling Conference, the parties shall privately conduct a Rule 26(f) planning meeting and prepare a jointly written proposed scheduling/discovery plan, which must be 

completed and filed with the undersigned Judge on or before Tuesday, September 11, 2012 

(i.e., seven (7) calendar days before the Conference). In addition to filing the proposed scheduling/discovery plan by regular mail filing with the U.S. Department of Transportation's Docket 

Office, the parties shall file a working copy of the scheduling/discovery plan with the underPage 1 of2 
signedJudge at the Office of Hearings by fax, express carrier, or personal delivery. The certificate of service should reflect the manner of service. 

The parties' Rule 26(f) planning meeting shall include a good faith ·discussion about the nature and basis of each party's claims, the possibility of resolving all or part of the case, the scope 

and type of discovery (including electronic discovery) and the place of venue for hearing. During this meeting, the parties shall discuss matters identified in 14 · C.F .R. § 13.217 and Rule 

26(f)(2) and (3) as part of developing their proposed scheduling/discovery plan. 

The parties' planning meeting should also include discussion about the sequence and timing 

of follow-up discovery, including whether that discovery should be conducted in phases to prepare for any filing of particular motions (e.g., limiting scope of trial, dispositive motions, etc). 

The deadlines in the parties' proposed scheduling/discovery plan should be mutually agreeable, , 

with a view to achieving case resolution with a minimum of expense .and delay. Any unresolved 

scheduling/discovery disputes should be clearly identified in the proposed disc'overy plan, 

so that these disputes may be addressed by the Judge during the Rule 16 Litigation Scheduling Conference. 

3) Conflicts with Rule 16 Litigation Scheduling Conference Date: 

If a party has an unavoidable conflict with the scheduled Rule 16 Litigation Scheduling 

Conference set in paragraph 1 supra, and wishes to modify the date/time of the ~~heduled Conference, the party ·shall first confer with opposing counsel about mutually agreeable alternate 

dates, and then contact C. Diane Mays at the Office of Hearings (202-366-2132) as soon as possible aft~r receipt of this Order, with at least three (3) mutually-agreed, proposed alternate 

dates/times for the Judge's consideration. 

Attachment: Service List 

P~ge 2 of2 

"-· 

... 
. SERVICE LIST- BY U.S. MAIL 

ORIGINAL & ONE COPY 

Federal Aviation Administration 

800 Independence A venue, S. W. 

Washington, DC 20591 

Attention: Hearing Docket Clerk, AGC-430, 

. Wilbur Wright Building-8:tite 2W1 0001 

Whit Baldwin, President 

Heloair, In:c., Respondent 

. 5721 Gulfstream Road 

Richmond, VA 23250 

TEL: 804-226-3400 

FAX: 804-226-3494 

ONE COPY 

Zachery M. Berman, Complainant's Counsel 

Office of the Regional Counsel, AEA-7 

Eastern Region 

Federal Aviation Administration 

1 Aviation Plaza 

Jamaica, NY 11434 

TEL: 718-553-3258 

FAX: 718-995-5699 

The Honorable J.E. Sullivan, Administrative Law Judge 

Office of Hearings, M-20 

U.S. Department ofTransportation 

1200 New Jersey Avenue, S.E. (Ell-310) 

Washington, DC 20590 

TEL: 202-366-2132 

FAX: 202-366-7536 

FDMS NO. FAA-2012-0472 

(Civil Penalty Action) 

'• 

1 

For service in person or by 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.