## SERVED: March 18, 2014 U.S. DEPARTMENT OF TRANSPORTATION OFFICE OFHEARINGS

WASHINGTON, D.C. " '1 " • n ' CJ lll'l ,li '

. 

## ? 2: 2 3
In The Matter Of: WINGS AIR, LLC Respondent ) ) ) ) ) DocketNo. 

### P AA-2013-0849 CaseNo. 2012EA110052

ORDERSETTINGLITIGATION DATES AND PROCEDURES OnJanuary 30, 2014, Order Setting Rule 16 Litigation Scheduling Conference and Directing Rule 26(f) Planning and Submission was filed. OnFebruary 10, 2014 the parties filed a Joint Proposed Proyedural Schedule. OnMarch 18, 2014, the parties appeared by telephone for a Rule 16 Litigation Scheduling Conference, and discussed their calendar availability, hearing dates, and other litigationprocedural matters. · Pursuantto 14 C.P.R. §13.205(a)(l), (6) and (7), Civ. R. 16, 14 C.P.R. §13.217, and 14 C.F.R. 

### §13.220, and after reviewing all relevant caselaw, regulation, statutory authority, and being fully advised;

IT IS HEREBY ORDERED: A. The litigation dates, discovery procedures, and hearing dates are hereby set as follows: 1. April1, 2014: Deadlinefor Initial Disclosures. To ensure that the parties have sufficienttime to address all issues in dispute, on or before March 11, 2014 the parties shall serve eachother withinitial disclosures (as described in Civ. R. 26(a)(1)(A)(i), (ii), and (iii)) without waiting for a specific discovery request. 2. On or before April1, 2014: GeneralDiscovery Initiated. Pursuant to 14 C.P.R. §13.220(a), the parties may immediately begin conducting general discovery. In orderto ensure full use ofthe discovery time allotted in this case, the parties shall begin exchanging or serving general discovery requests on or before April1, 2014, pursuantto 14 C.P.R. 

### §13.220 (b), (c), (d) and (e). General discovery includes, but is not limited to: notices ofdeposition; requests for production ofdocuments; propounding interrogatories; requests for admission; etc.

Page 1 of 53. Service oflnterrogatories. Pursuant to 14 C.F.R. §13.220(k)(1), a party shall not serve more than thirty (30) interrogatories upon each other. Each subpart ofan interrogatory shall be counted as a separate interrogatory.

a. Objection(s) to Interrogatories. Pursuant to 14 C.F.R. § 13.220(k), any objection in response 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 fifteen (15) days after service ofthe disputed discovery request

a. Copy ofDisputed Discovery: Pursuant to 14 C.F.R. §13.220(b), only a copy of the disputed discovery, in support ofthe motion, shouldbe attached to the Motion orthe Response. b. The Motion should include a declaration bythe moving party, confirming that the movant has already conferred or attempted to confer in good faith withthe opposingparty regarding the disputed discovery or disclosure, to try andresolve the matter informally, priorto seeking courtrelief.

c. Response to Motionto Limit Discovery. Any Response to the Motion shouldbe filed no later than ten 

### (10) days after service ofthe Motion. 5. June 

### 30,2014: Retained/Hired orEmployee ExpertWitness Disclosures. Ifa party retains orhires 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 orbeforeJune 

### 30,2014. This expert witness disclosure shall include the name ofthe witness, the witness's resume or qualifications, and the witness's written report or statement ofopinion (including disclosure ofthe basis ofthat opinion).

a. Any and all other expert witnesses who eitherparty intends to call at the hearing shall be disclosed in the initial discovery exchange, and in response to general discovery requests. 6. Motions to Compel Discovery: A party seeking to compel discovery must file a Motion to Compel within fifteen (15) days after service ofa deficient response or after the response to the discovery is due, whichever occurs first.

a. Procedure for Motion: Any M,otion and/or Response to Compel Discovery shall be filed inthe same manner as directed above for Motions to LimitDiscovery (paragraph 4 and 4 (a)-(c)).
Page 2 of 57. August 15,2014: Deadline for Completing General Discovery. On orbefore August 15, 2014, the parties shall finish responding and serving answers to all general discovery requests pursuant to 14 C.F.R. §13.220. This includes thetaking ofdepositions, pursuant

. to 14 C.F.R. §13.220(j). 8. Duty to Supplement or Amend Discovery: 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. 9. September26, 2014: Deadlines for Filing Dispositive Motion(s). The last date for bothparties to file any/all pre-hearing dispositive motions, including DefaultMotions and/or SummaryJudgmentMotions. a) October 17,2014: Deadline for filing Answer to Dispositive Motion(s); b) October28, 2014: Deadline for filing Reply (ifany). 10. Telephone Conference: November 18,2014 (1:30 p.m.-3:00p.m. ET). On November 18, 2014 (1:30pm-3:00pm), the parties shall convene bytelephone 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. January 16, 2015: List ofWitnesses/Exchange ofExhibits. On orbefore January 16, 2015, the parties will serve and file**th~** following: a) A list ofthe witnesses the party intends to call; b) A short statement ofthetestimony expected from each such witness; c) The resume ofeachwitness 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. February 6, 2015: Written Stipulations and/or Agreed Motions 

### in Limine. On or before February 6, 2015, the parties shall file any written stipulations that narrowthe factual or legal issues, and/orthat are agreed Motions in Limine. 13. February 24, 2015"'"" February 26, 2105: Hearing Dates. Based onthe parties' agreement, the Hearing will take three (3) days or less. The Hearing will begin on Tuesday, February 24,2015 (9:00 a.m.-5:00p.m. ET) inNew York State. The Hearing will continue on Wednesday, February 25,2015 (9:00 a.m.-5:00p.m. ET), and end on Thursday, February 26,2015 (9:00 a.m.-5:00p.m. ET). The specific location ofthe Hearing will be provided to the parties prior to the Hearing.
B. Discovery Requests and Exchanges: Discovery requests and exchanges need notbe filed with the Office ofHearings, except as part ofa motion regarding limited discovery, disputed discovery, or as part ofa motionto compel discovery.
Page 3 of 5C. Failure to Move for Timely Relief/Late Service ofDiscovery: The failure to timely respond todiscovery requests, and/or to 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 such requests. D. Scheduling Motion or Pre-Hearing Conferences onthe Judge's Calendar: Priorto 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. Exhibits Broughtto the Hearing: Eachparty mustbring to the Hearing at least three copies ofany documents itintends to offer in evidence as exhibits (two for the Judge and one for the courtreporter). 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 should be marked "R-1," R-2," "R-3," etc. F. 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 onbehalfofthatparty. Pursuantto 14 C.F.R. §13.205 and 14 C.F.R. §13.222, the Federal Rules ofEvidence will be utilized as a guideline in determining the admission ofall evidence. G. Attorney Withdrawal: Pursuant to 14 C.F.R. §13.218, an attorney who wishes to withdraw from representing a party must file a Motion to Withdraw. Inthis 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 current business address, telephone number, and fax number ofthe Respondent and ofits designated agent; d. A statement that the Respondent has been notified in writing ofthe pending hearing dates inthis litigation, as well as the pending pre-hearing discovery deadlines and telephone conferences; and

. e. A statementthat the Respondenthas been provided a copy ofall Orders issued inthis litigation, as well as any other legal documents to which the Respondent is entitled.

Page 4 of5H. Court Filing ofExhibits with the Hearing Docket Clerk: Whenthe courtissues its initial decision, it will also file a complete copy ofall Exhibits that the parties moved for admission during the Hearing :with the Hearing Docket Clerk. I. Requests for Modification ofthis Order: Any requests for modification ofthe litigation dates and procedures setforth inthis Order should be made by written Motion. The parties may also file an agreed writtenrequest. 

### J. ProperJurisdictional Caption on Filed Documents: The properjurisdictional caption to include onthe first page ofall documents filed in this case is:

K. Venue: U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS

WASHINGTON, D.C.

The preferred venue is White Plains, NY. The alternate venues are New York, NY and Islip, NY. The location ofthe Hearing will depend onboththe accessibility ofcourtroom space, and the available air/rail transportation to the location. The parties will be notified in writing priorto the hearing regarding in whichNew York location the Hearing has been scheduled. 

### L. Respondent Answer: The Respondent shall file a copy ofits Answer with the undersigned on 

### March 18, 2014 by 5:00pm. M. Clarification or Questions: For clarifications ofthis order or questions with regard to theprocedures to be followed in this case, please contact Mr. Cody 

### L. Smith, Attorney-Advisor, atthe Office ofHearings (202-366-6941).

Attachment: Service List ivan }\{:Jlm-J:.nistrative LawJudge

Page 5 of5FDMS No. FAA-2013-0849 (Civil Penalty Action) 

### 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-Suite 2W1000 1 

### ONE COPY

Mr. Zachary M. Berman 

### Complainant's Counsel Office ofthe Regional Counsel, Eastern Region Federal Aviation Administration 1Aviation Plaza Jamaica, NY 11434 TEL: 718-553-3258 FAX: 718-995-5699

Mr. Jared M. Allen 

### Respondent's Counsel The Aviation LawFinn One Research Court, Suite 450 Rockville, MD 20850 TEL: 301-294-8550 FAX: 301-294-2525 Judge J.E. Sullivan 

### US. AdministrativeLawJudge Office ofHearings, M-20 U.S. Department ofTransportation 1200NewJersey Avenue, S.E. (Ell-310) Washington, DC 20590 TEL: 202-366-2142 FAX: 202-366-7536 Wings Air, LLC 

### Respondent Javier Diaz, Agent for Service 18 Hanger Road, Suite 200, Hanger T White Plains, NY 10604 TEL: 914-287-6450 FAX: 914-274-9855

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.