### • 

## SERVED: April12, 2016 U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS WASHINGTON, DC

In The Matter Of: ) 

### ) ) ) ) DocketNo. FAA·2016-4266 PREMIERNAIL SOURCE, INC
..
,

**C~e** No. 2015S0700062 Respondent


### ORDERSETTING A RULE 16 LITIGATION SCHEDULING CONFERENCE,AND DIRECTINGTHE PARTIES TO

CONFERAND FILE A RULE 26(t) PROPOSED DISCOVERY PLAN 1) Rule 16 Litigation Scheduling Conference: Pursuant to 14 C.F.R. 

### § 13.205 and Civ. R. 16, the parties shall appear by telephone on 

### Thursday,June 9, 

### 2016, at 10:00 a.m. Eastern time for a Rule 16 Litigation Scheduling Conference. Duringthis Conference the parties will discuss the issues in the dispute, their jointly subniitted proposed scheduling/discovery plan (see paragraph 2 

### infra) and respond to any questions regarding disagreements notresolved inthe proposedplan. During the Conference a . final scheduling/discovery planwill be ruledupon, as well as any other related matters pursuant to Rule 16(c). The parties shall access the Conference by dialing-202-493-2343. 2) Parties' Rule 26(f) Planning Meeting and Submission ofProposed Discovery Plan: Pursuantto 14 C.F.R. 

### § 13.205(a)(6) 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(t) planning meeting and prepare ajointly written proposed scheduling/discovery plan, which must be completed and filed withthe undersigned Judge 

### on orbefore Thursday. June 2, 2016 (i.e. at least 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.The parties' Rule 26(f) 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 and type ofdiscovery (including electronic discovery) and theplace ofvenue 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 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 proposed discovery deadlines in the parties' proposed**s~heduling/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 proposedplan, so thatthese disputes may be addressed by .the Judge during the Rule 16 Litigation Scheduling ConfereJ?.ce. 3) Filing and Serving Documents: Pursuant**t~** 14 C.F.R. 

### § 13.211(a), a copy ofany document a party files withthe Federal Aviation Administration Hearing Docket ("Hearing Docket") must also be separately filed with the undersigned, and served upon the opposing party. 4) Compliance with Court-Ordered Deadline Dates: Wheneverthe Judge orders the parties to file documents by a specific deadline date (see, e.g., paragraph 2 above) such deadline date is the date by which the documents must be datestamped received atthe Office ofHearings. To ensure compliance with this and any future Orders setting deadlines, the parties are encouraged to fax orpersonally deliver a copy oftheir documents to the Office ofHearings (Fax: 202-366-7536), on orbefore the deadline date. Failure ofa party to timely file documents bythe court-ordered deadline could lead to the party's position not being considered.

Page 2 of 3**~**5) Conflicts with the Rule 16 Litigation Scheduling Conference Date: Ifa party has an unavoidable conflict with the Scheduled Rule 16 Litigation Scheduling Conference set inparagraph 1

### supra, and wishes to modify the date/time ofthe scheduled Conference, 

### the party shall first conferwith opposing counsel about mutually agreeable alternate dates, and then contact Mrs. Rachael Brown, Judicial StaffAssistant, at the Office of Hearings (202-366-2132) 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 3 of3

### Docket No. FAA-2016-4266 (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



### Mr. Christopher R. Stevenson Complainant's Counsel Federal Aviation Administration Enforcement Division, Southern Team 1701 ColumbiaAvenue College Park, GA 30337 TEL: 404-305-5208 FAX: 404-305-5223 

### Mr. Daniel Kerzner Respondent'sRepresentative PremierNail Source, Inc. 5454 W. Crenshaw Street Tampa, FL 33634 TEL: 813-390-0700 Judge J.E. Sullivan US. Administrative LawJudge Office ofHearings, M-20 U.S. Department ofTransportation ONE COPY



### 1200 NewJersey Avenue, S.E. (Ell-310) Wasliington, DC 20590 TEL: 202-366-6941 FAX: 202-366-7536

1 Service was by U.S. Mail. For service inperson 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.