In The Matter Of: 

SERVED JUNE 1, 2012 

U.S. DEPARTMENTOF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, DC 

Docket No. F AA-2011-0488 

NOUVEAU LAB ORA TORIES, 

LLC d/b/a COVERMARK USA 

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Case No. 201 OS07000318 

Respondent 

ORDER 

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SETTING LITIGATION DATES AND PROCEDURES 

On April 2, 2012 an Order Deeming Allegations of Safety Violation Admitted 

and Granting/Denying Other Relief was 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 by telephone for a Litigation 

Scheduling Conference, and discussed their calendar availability, hearing dates, and other 

litigation procedural 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 after reviewing all relevant caselaw, 

regulation, statutory authority, and being fully advised; 

It is 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 pursuant to 

CR 26- CR 36 and 14 C.F.R. §13.220(b) and (e). This includes, but is not limited 

to: notices of deposition; subpoenas duces tecum; propounding interrogatories; 

requests for production of documents; the disclosure of expert testimony pursuant 

to CR 26(a)(2), etc. 

2. Pursuant to 14 C.F .R. § 13 .220(k)(l ), a party shall not serve more than thirty (30) 

interrogatories to each other, and each subpart of an interrogatory shall be counted 

as a separate interrogatory. 
3. September 7, 2012: Deadline for Responses to General Discovery Requests. The 

last date for both parties 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. September 21, 2012: Supplemental Discovery Request Deadline. The last date 

for both parties to complete exchange of all supplement;:tl discovery requests, 

including but not limited to the notices of supplemental depositions, and other · 

requests. 

5. October 5, 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. October 26, 2012: Deadline for Stipulation or Motion on Venue. The parties 

shall either file a stipulation regarding venue location for the hearing, or the 

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. October 26,2012: Deadlines for Dispositive Motion(s). The last date for both 

parties to file any/all pre-hearing dispositive motions, including Default Motions 

and/or Summary Judgment Motions. 

a) November 9, 2012: Deadline for filing Answer to Dispositive Motion(s); 

b) November 30,2012: Deadline for filing Reply (if any). 

8. December 11,2012: 1:30pm-2:30pm EST. Telephone Conference for Oral 

Argument on Dispositive Motions. NB: If the parties do not file dispositive 

motions, then this Telephone Conference will be automatically converted and 

held as a Pre-Hearing Status Conference. 

9. December 21, 2012: List of Witnesses Exchange of Exhibits due date. The last 

date for each party"to serve and file the following: 

a) A list of the witnesses the party intends to call; , 

b) A short statement of the testimony expecteq from each such witness; 

c) The resume of each 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 or less. 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 of the Hearing will be provided 

to the parties prior to the Hearing. · 

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B. Requests for modification of the litigation dates set forth in paragraph 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 of this discussion shall be included 

by the movant in the Motion. 

C. Discovery requests or documents complying with discovery requests need 

not be filed in this case with the Office of Hearings, except as part of a motion regarding 

disputed discovery, or as part of a motion to compel discovery. 

D. Any Motions regarding discovery, including a Motion to Compel 

Discovery, must be filed within ten (10) calendar days after service of a 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), that the 

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 of the motion. The failure to timely file objections to discovery may 

result in the objections being deemed waived. Belated service of burdensome discovery 

requests may also be grounds for denial of a motion to compel compliance with such 

requests. 

E. Each party must bring to the hearing at least three copies of any 

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. At the hearing, there will be the opportunity for direct examination, crossexamination, redirect examination and re-cross-examination of each witness. Only one 

representative of a party may cross-examine a witness on behalf of that party. Pursuant to 

14 C.F.R. §13.205 and 14 C.F.R. §13.222, the Federal Rules of Evidence will be utilized 

as a guideline in determining the admission of all evidence. 

G. Prior to the hearing dates, if a party wishes to schedule oral argument on 

any motion, or set up any type of telephone conference on the 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 of Hearings (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 of Hearings. · 

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H. · Other- Respondent Name 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 of this order or questions with regard to the procedures 

to be followed in this case, please contact Legal Assistant C. Diane Mays at (202) 366-

2132 at the Office of Hearings. 

Attachment: Service List 

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SPECIAL SERVICE LIST 

ORIGINAL & THREE COPIES 

Federal Aviation Administration 

800 Independence Avenue, S, W, 

Washington, DC 20591 

Attention: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building-Suite 2Wl 0001 

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 of the Regional Counsel, ASO-7 

Southern Region 

Federal Aviation Administration 

P,O, Box 20636 

Atlanta, GA 30320 

TEL: 404-305-5200 

FAX: 404-305-5223 

The Honorable J.R Sullivan, Administrative Law Judge 

Office of Hearings, M-20 _.., · 

U.S. Department of Transportation 

1200 New Jersey Avenue, S.E. 

Washington, DC 20590 

TEL: 202-366-2132 

FAX: 202-366-7536 

FDMS No, FAA-2011~0488 

(Civil PenaHy Action) 

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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-Suite 2Wl000, Washington, DC 20591; Attention: Hearing Docket Clerk, AGC-430.