In The Matter Of: 

## SERVED: April19, 2016 U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS WASIDNGTON, DC

·DocketNo. FAA-2016-4263 BUSH AIR CARGO, INC. ) ) ) ) ) Case No. 2015WP910102 Respondent

ORDER SETTING A RULE 

### 16 LITIGATION SCHEDULING CONFERENCE,AND DIRECTING THE PARTIESTO

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 23,2016, at 1:30 p.m. Eastern time for a Rule 16 Litigation Scheduling Conference. During this Conference the parties will discuss the issues in the dispute, their jointly submitted proposed scheduling/discovery plan (see paragraph 2 

### infra) and respond to any questions regarding disagreements not resolved intheproposed plan. During the Conference a final scheduling/discovery plan will be ruled upon, 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: Pursuant to 14 C.F.R. 

### § 13.205(a)(6) and Civ. R. 26(f),priorto convening with the Judge for the Rule 16 Litigation Scheduling Conference, the parties shall privately conduct a Rule 26(f) planning meeting and prepare ajointly written proposed scheduling/discovery plan, which must be completed and filed with the undersigned Judge 

### on or before Thursday,June 16, 2016 (i.e. at least seven (7) calendar days before the Conference). The attorneys ofrecord and all unrepresented parties arejointly responsible for arranging the Rule 26(f) conference, and for attempting in good faith to agree on the proposed discovery plan.**-~** The parties' Rule 26(f) planning meeting shall include a good faith discussion about the nature and basis ofeach party's claims, the possibility ofresolving all orpart ofthe case, the scope and type ofdiscovery (including electronic discovery) and the place ofvenue for hearing. Duringthis meeting, the parties shall**disc~s** matters identified in 14 C.F

### .R. § 13.217 and Ru1e 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 whether that 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 scheduling/discovery plan should be mutually agreeable, with a viewto achieving case resolution with a minimum of expense and delay. Any unresolved scheduling/discovery disputes should be clearly identified in the proposedplan, so that these disputes may be addressed by the Judge during the Rule 16

, Litigation Scheduling Conference. 3) Filing and Serving Documents: Pursuant to 14 C.F.R. 

### § 13.21l(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: Whenever the 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 whichthe documents mustbe date-

.stamped received atthe Office ofHearings. To ensure compliance with thisand 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), onorbefore the deadline date. Failure ofa party to timely file documents by the court-ordered deadline could lead to the party's positionnotbeing considered.

Page 2 of3**;-~**5) Conflicts with the Rule 16 Litigation Scheduling Conference Date: Ifa party has an unavoidable conflict withthe Scheduled Rule 16 Litigation Scheduling Conference set in paragraph 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 leastthree (3) mutually-agreed, proposed alternate dates/times for the Judge's consideration.

Attachment: Service List

Page 3 of3**.~·-·** DocketNo. FAA-2016-4263 (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 2W10001



### Mr. Kyle Lomazow Complainant's Counsel Attn: Patricia

### L. Baysinger Federal Aviation Administration Enforcement Division Western Team 222 West 7ili Avenue, Box 14 Anchorage, AK 99513-7587 TEL: 907-271-5264 FAX: 907-271-2800 Mr. Barton M. Tierman ONE COPY

Respondent'sPresidentandGeneral Counsel Bush Air Cargo, Inc. P.O. Box 93144 Anchorage, AK 99509 TEL: 907-277-7657 Judge J.E. Sullivan U.S. AdministrativeLaw Judge Office ofHearings, M-20 U.S. Department ofTransportation 1200 NewJersey Avenue, S.E. (Ell-310) Washington, DC 20590 TEL: 202-366-6941 FAX: 202-366-7536

1 Service was by U.S. Mail. For service in person orby expedited courier, use the following address: Federal Aviation Administration, 600 Independence Avenue, S.W., Wilbur Wright Building-Suite 2Wl000, Washington, DC 20591; Attention: HearingDocket Clerk, AGC-430.