In The Matter Of: 

## SERVED JUNE 1, 2012 U.S. DEPARTMENTOF TRANSPORTATION OFFICE OF HEARINGS WASHINGTON, DC

DocketNo. FAA-2011-0488 NOUVEAU LABORA TORIES, LLC d/b/a COVERMARK USA ) ) ) ). ) ) Case No. 201OS07000318 Respondent

ORDER 

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SETTING LITIGATION DATES AND PROCEDURES On April 2, 2012 an Order Deeming Allegations ofSafety Violation Admitted and Granting/Denying OtherReliefwas filed. On April3, 2012 an Order Setting Rule 16 Litigation Scheduling Conference, and Directing Rule 26(f) Planning and Submission was filed. On May 30,2012 the FAA filed a Complainant's Proposed Procedural Schedule. On Thursday, May 31, 2012, the parties appeared bytelephone for a Litigation Scheduling Conference, and discussedtheir calendar availability, hearing dates, and other litigationprocedural matters. Pursuant to 14 C.F.R. §13.205(a)(l), (6) and (7), Civ. R. 16, 14 C.F.R. §13.217, and 14 C.F.R. §13.220, and afterreviewing all relevant caselaw, regulation, statutory authority, and being fully advised; Itis Hereby Ordered: 

### A. The litigation dates and hearing dates are hereby set as follows: 1. June 22, 2012: General Discovery Exchange Deadline. The last date for both parties to exchange or serve all additional general discovery requests pursuantto CR26- CR 36 and 14 C.F.R. §13.220(b) and (e). This includes, but is not limited to: notices ofdeposition; subpoenas duces tecum; propounding interrogatories; requests for production ofdocuments; the disclosure ofexperttestimony pursuant to CR26(a)(2), etc. 2. Pursuant to 14 C.F.R. §13.220(k)(l), aparty shall not serve more than thirty (30) interrogatories to each other, and each subpart ofan interrogatory shall be counted as a separate interrogatory.

### 3. September7, 2012: Deadline for Responses to General DiscoveryRequests. The last date for bothparties to finish responding and serving answers to all additional general discovery requests pursuant to CR 26- CR 36 and 14 C.F.R. §13.220(b) and (e). 4. September21, 2012: SupplementalDiscovery Request Deadline. The last date for both parties to complete exchange ofall supplement;:tl discovery requests, including but not limited to the notices ofsupplemental depositions, and other · requests. 5. October5, 2012: Deadline for both parties to finish taking supplemental depositions, and responding to and serving answers to all supplemental discovery requests pursuant to CR 26- CR 36 and 14 C.F.R. §13.220(i). 6. October26, 2012: Deadline for Stipulation orMotion on Venue. The parties shall either file a stipulation regarding venue location for the hearing, orthe parties shall file cross Motions on the disputed venue issue. The answer and reply deadlines on a Motion for Venue Ruling shall be the same as noted 

### infra for the Dispositive Motion(s). 7. October26,2012: Deadlines for Dispositive Motion(s). The last date for both parties to file any/all pre-hearing dispositive motions, including DefaultMotions and/or Summary Judgment Motions. a) November9, 2012: Deadline for filing Answer to Dispositive Motion(s); b) November 30,2012: Deadline for filing Reply (ifany). 8. December 11,2012: 1:30pm-2:30pmEST. Telephone Conference for Oral Argument on Dispositive Motions. NB: Ifthe parties do not file dispositive motions, then this Telephone Conference will be automatically converted and held as a Pre-Hearing Status Conference. 9. December21, 2012: List ofWitnesses Exchange ofExhibits due date. The last date for eachparty"to serve and file the following: a) A list ofthe witnesses the partyintends to call; , b) A short statement ofthe testimony expecteq from each such witness; c) The resume ofeach witness who will be offered as an expert; and d) The documents the party intends to offer in evidence (pre-marked as noted in paragraph E, 

### infra). 10. Thursday,January 16,2013: Hearing date. The parties agree that the Hearing will take one day orless. The one day Hearing will begin and end on Thursday,January 16, 2013 (9:30am-5:00 pm) in an area to be determined. The specific location ofthe Hearing will be provided to the parties prior to the Hearing. ·

2B. Requests for modification ofthe litigation dates set forth inparagraph A may be made by written Motion. Before filing such a Motion, however, the party seeking the modification shall contact the opposing party and seek to arrive at mutually convenient alternative date(s). A report on the result ofthis discussion shall be included by the movant in the Motion. C. Discovery requests ordocuments complying with discovery requests need notbe filed in this case with the Office ofHearings, except as part ofa motionregarding disputed discovery, or as part ofa motionto compel discovery. D. Any Motions regarding discovery, including a Motion to Compel Discovery, mustbe filed within ten (10) calendar days after service ofa deficient response or after the response to the discovery is due, whichever occurs first. Motions to Compel and other discovery motions must be accompanied by the discovery requests and responses, and a declaration by the moving party, pursuant to Civ. R. 37(a)(1), thatthe movant has conferred or attempted to confer in good faith with the party alleged to have failed to make discovery or disclosure. The Civ. R. 37(a)(1) declaration shall specifically indicate the efforts made bythe movant to resolve the dispute and identify which discovery matters remain in dispute. Statements in opposition to discovery motions must be filed within ten (10) calendar days after service ofthe motion. The failure to timely file objectionsto discovery may result in the objections being deemed waived. Belated service ofburdensome discovery requests may also be grounds for denial ofa motion to compel compliance with such requests. E. Eachparty mustbringto the hearing at leastthree copies ofany documents it intends to offer in evidence as exhibits (one for the Judge and two for the official reporter). The exhibits 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. Atthehearing, there will be the opportunity for direct examination, crossexamination, redirect examination and re-cross-examination ofeach witness. Only one representative ofa party may cross-examine a witness onbehalfofthat party. 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. Priorto the hearing dates, ifa party wishes to schedule oral argument on any motion, or set up any type oftelephone conference onthe Judge's calendar, the party shall first confer with opposing counsel about mutually agreeable aiternate dates, and then contact C. Diane Mays at the Office ofHearings (202-366-2132) as soon as possible, with at least three (3) mutually-agreed, proposed alternate dates/times for the Judge's consideration. The movant shall be responsible for contacting the Office ofHearings. ·



### 3H. · 

### Other- RespondentName Amended: The Order confirms the parties' oral stipulation, entered into during the May 31, 2012 Civ. R. 16 Conference, that the Respondent's name in all future litigation documents shall be amended from "Covermark USA" to "Nouveau Laboratories, LLC d/b/a Covermark USA." I. For clarifications ofthis order orquestions with regard to the procedures to be followed in this case, please contact Legal Assistant C. Diane Mays at (202) 366- 2132 atthe Office ofHearings.

Attachment: Service List



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### SPECIAL SERVICE LIST ORIGINAL & 

### THREE COPIES Federal AviationAdministration 800 Independence Avenue, S,W, Washington, DC 20591 Attention: Hearing Docket Clerk, AGC-430 Wilbur Wright Building-Suite2Wl0001

Keith Roberts, 

### Respondent's Counsel President, Roberts Proprietaries, Inc, 180 West 80th St New York, NY 10024 TEL: 917-441-8642 FAX: ONE COPY

Gerald 

### A. Ellis, 

### Complainant's Counsel Attorney, Office ofthe Regional Counsel, ASO-7 SouthernRegion FederalAviationAdministration P,O, Box 20636 Atlanta, GA 30320 TEL: 404-305-5200 FAX: 404-305-5223 The Honorable J.R Sullivan,

### AdministrativeLawJudge Office ofHearings, M-20 _.., · U.S. Department ofTransportation 1200 NewJersey Avenue, S.E. Washington, DC 20590 TEL: 202-366-2132 FAX: 202-366-7536 FDMS No,**FAA-2011~0488** (Civil PenaHy Action)

1 Service was by U.S. Mail. For service inperson orby expedited courier, use the following address: Federal AviationAdministration, 600 Independence Avenue, S.W., Wilbur WrightBuilding-Suite2Wl000, Washington, DC 20591; Attention: Hearing Docket Clerk, AGC-430.