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In The Matter Of: HELOAIR, INC. Respondent 

## SERVED JULY 13, 2012 U.S. DEPARTMENT OF TRANSPORTATION· OFFICE OF HEARINGS WASHINGTON, DC

) ) ) ) ) DocketNo. FAA-2012-0472 CaseNo. 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: Pursuantto 14 C.F.R.**§13.20~(,a,)(1)** and (7) and Civ. R. 16, the parties shall appear by telephone onFriday, September 18,2012 at 1l:00amEastern time for a Rule 16 Litigation Scheduling Conference. During this Conference the parties will discuss the issues inthe dispute, theirjointly submittedproposed 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 otherrelated matters pursuantto Rule 16(c). The Office ofHearings will**initiat~** the Conference bytelephone call, contacting eachparty at the party'stelephone number ofrecord. A party mayprovide an alternate numberby notifying the Office ofHearings at least 24 hours priortothe Conference. " 2) Rule 26Cf) Attorneys' PlanningMeeting, and Submission ofProposed Discovery Plan: Pursuantto 14 

## c:F.R. §13.217 and Civ. R. 26(f),priorto convening withthe Judge for the Rule 16 Litigation Scheduling Conference, the parties shall privately conduct a Rule 26(f) planning meeting andprepare ajointlywrittenproposed scheduling/discovery plan, whichmustbe completed and filed withthe undersignedJudge on orbefore Tuesday, September 11, 2012 (i.e., seven (7) calendar days before the Conference). In additionto filing the proposed scheduling/discovery planby regular mail filing withthe U.S. Department ofTransportation's Docket Office, theparties shall file a working copy ofthe scheduling/discovery plan with the underPage 1of2signedJudge 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

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### . SERVICE LIST- BY U.S. MAIL ORIGINAL & ONE COPY Federal Aviation Administration 800 Independence Avenue, S.W. Washington, DC 20591 Attention: Hearing Docket Clerk, AGC-430,

. Wilbur Wright Building-8:tite 2W1000 1

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 ofthe Regional Counsel, AEA-7 Eastern Region Federal Aviation Administration 1Aviation Plaza Jamaica, NY 11434 TEL: 718-553-3258 FAX: 718-995-5699 TheHonorable J.E. Sullivan,AdministrativeLawJudge Office ofHearings, M-20 U.S. Department ofTransportation 1200 NewJersey Avenue, S.E. (Ell-310) Washington, DC 20590 TEL: 202-366-2132 FAX: 202-366-7536 FDMS NO. FAA-2012-0472 (Civil Penalty Action)

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1For service inperson orby expedited courier, use the following address: Federal AviationAdministration, 600 Independence Avenue, S.W., Wilbur Wright Building-Suite2Wl000, Washington, DC 20591; Attention: HearingDocket Clerk; AGC-430.