SERVED: SEPTEMBER30, 2014 

### U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS WASHINGTON, DC

In The Matter Of: ) ) ) ) ) ) AIRBORNE MAINTENANCE AND ENGINEERING SERVICES Respondent DocketNo. FAA-2013-0291

· Case No. 2011S0290032

ORDER GRANTING/DENYING RELIEF, AND MODIFYING THE LITIGATION DATES AND PROCEDURES
OnJune 23, 2014 an Order SettingNewLitigation Dates and Procedures was filed. '; =-·.··

Among otherthings, this 6/23/14 Order codified the parties' agreement that they would "resume taking any/all fact witness depositions" onAugust 24, 2014 and finish taking such fact witness depositions by September30, 2014. (6/23/14 Order, 1.) This allowed the parties a total of37 days to take the depositions. OnAugust 19, 2014 an Order Denying Respondent's Motionto Compel Discovery of FAA Attorney's Work Product was filed. On September 25, 20 14, the FAA filed a Motion for Extension ofTime for Discovery. The FAArequestedthatthe September 30, 2014 deadline to complete fact witness depositions be extended a "minimum of30 days." On September 26,2014, the**Respond~nt** filed its Answer to FAA's Motion for Extension ofTime for Discovery. Among other things, the Respondent asserted the FAAhad failed to properly and timely pursue the scheduling ofthe witnesses prior to September 30, 2014. The Respondent also made an inferred motion for sanctions, pursuant to 14 C.F.R. 

### § 13.217 (f). (9/26/14 Answer, 5.) On September 29, 2014, the parties appeared by telephone for oral argument onthe FAA's Motion. During this oral argument, the parties agreed thatthere were a total of4-5 fact witness depositions that neededto be taken. None had been scheduled priorto August 24, 2014 resumption date for taking the depositions. None had yet been taken. Accordingto the materials filed bythe parties, it was undisputed that the Respondent initiated deposition scheduling discussions withthe FAAon September 10, 2014 (i.e., 17 days afterthe August 24, 2014resumption date for taking depositions), which left the parties with lessthan 20 days (out ofthe originally allotted 37 day period) with which to take the depositions. The parties then disagreed about the schedulingprocess that ensued. Inthe materials filed, the FAA andthe Respondent each assigned fault to each other for not completing the scheduling and taking offact witness depositions by close ofbusiness on September 30, 2014. (Answer, Exhs. 1, 2, and 3.) It should be noted, however, that neitherparty offered any information as to why all fact witness depositions had notbeen fully scheduledpriorto August 24, 2014

- the resumption date for the taking ofthe depositions. This Order codifies the oral rulings and amendments to the litigation schedule made at the close oforal argument. Pursuant to 14 C.F.R. §§ 13.205(a)(6), (8) and 13.213(b), and after reviewing all relevant caselaw, regulations, statutory authority, and being fully advised;

IT IS HEREBY ORDERED:

A. The FAA's Motion for Extension ofTime for Discovery is granted. B. The Respondent's inferred Motion for Sanctions is denied. C. By agreement ofthe parties, the service date ofthe June 23, 2014 Order SettingNew Litigation Dates and Procedures is corrected to read "June 23, 2014," rather than "June 23, 2013." As a result ofthis agreement, it is not necessary to issue a Nunc Pro Tunc Order. D. The litigation dates and procedures contained inthe June 23, 2014 Order are modified as follows: 1. November 7, 2014: Deadline for Fact Witness Depositions. Theparties shall conclude taking any/all fact witness depositions. 2. Service oflnterrogatories. Pursuantto 14 C.F.R. § 13.220(k)(1), a party shall not serve more thanthirty (30) interrogatories to each other, and each subpart ofan interrogatory shall be counted as a separate interrogatory. 3. Motions Regarding Interrogatories. Pursuantto 14 C.F.R. § 13.220(m) and Paragraph E herein, any motions to compel for deficient interrogatory response(s) shall be filed within ten (10) days after receipt ofthe objection or deficient answer. 4. November 19,2014: Initial Expert Disclosures. On orbefore November 19,2014, the parties shall exchange initial expert disclosures. 5. December 12,2014: Expert Rebuttal Disclosures. On orbefore December 12, 2014, the parties shall exchange expertrebuttal disclosurespursuant to CR26(a)(2). Page 2 of56. 

### December 12,2014: Deadline for Completing General Discovery. The last date for bothparties to finish serving answers to all additional general discovery requests pursuant to CR26- CR 36 and 14 C.F.R. § 13.220(b) and (e). 7. 

### January 15,2015: Deadlines for Filing 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) 

### February 12, 2015: Deadline for filing Answer to Dispositive Motion(s); b) 

### February 26, 2015: Deadline for filing Reply (ifany). 

### 8. March 5, 2015: 1:30 p.m.-3:30p.m. ET. Telephone conference for oral argument on dispositive motions. N.B. Ifthe parties do notfile dispositive motions, thenthis Telephone Conference will be automatically converted and held as a Pre-Hearing Status Conference. 9. 

### April 9, 2015: List ofWitnesses/Exchange ofExhibits due date. The last date for each party to serve and file the following: a) A list ofthe witnesses the party intends to call; b) A short statement ofthe testimony expected 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 paragraphE, infra); 10. 

### April 23, 2015: Written Stipulations and/or Motions in Limine. The deadline for filing written stipulations and/or Motions in Limineis April23, 2015. 11. 

### May 5, 2015 -May 8, 2015: Hearing dates. Based onthe parties' agreement, the Hearing will take four ( 4) days or less. The Hearing will begin on 

### Tuesday, May 5, 2015 (9:00a.m.- 5:00p.m. ET) in Orlando, Florida, and end on 

### Friday, May 8, 2015 (9:00a.m.- 5:00p.m. ET). The specific location ofthe Hearing will be providedto the parties priorto the Hearing. E. Requests for modification ofthe litigation dates setforth inparagraph B may be made by written Motion. Before filing such a Motion, however, the party seeking the modification shall contactthe opposingparty and seek to arrive at mutually convenient alternative date(s). A report onthe result ofthis discussion shall be included bythe movant in the Motion. F. Discovery requests ordocuments complying with discovery requests need not be filed inthis case with the Office ofHearings, except as part ofa motion regarding disputed discovery, or as part ofa motion to compel discovery. G. Any Motions regarding discovery, including a Motionto Compel Discovery, mustbe filed within 

### ten (10) calendar days after service ofa deficient response orafter the response to the discovery is due, whichever occurs first. Motions to Compel and other discovery motions must be accompanied bythe relevant discovery requests and responses, and a declaration by Page 3 of5the moving party, pursuantto Civ. R. 37(a)(1), that the movant has conferred or attempted to confer in good faith withthe party alleged to have failed to make discovery or disclosure. The Civ. R. 37(a)(l) declaration shall specifically indicatethe efforts made bythe movant to resolve the dispute and identify which discovery matters remainin dispute. Statements in oppositionto 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 inthe objections being deemed waived. Belated service ofburdensome discovery requests may also be grounds for denial ofa motion to compel compliance with such requests. H. Eachparty mustbring to the hearing at least three copies ofany documents it intends to offer in evidence as exhibits (one for the Judge and two forthe official reporter). 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 shouldbe marked "R-1," R-2," "R-3," etc. 

### I. At the hearing, there will be the opportunity for direct examination, cross-examination, redirect examination and re-cross-examination ofeach witness. Onlyone representative ofa party may cross-:-examine a witness on behalfofthatparty. Pursuant to 14 C.P.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. J. Priorto the hearing date(s), ifa party wishes to schedule oral argument on any motion, or set up any type oftelephone conference on the Judge's calendar, the party shall first confer with opposing counsel about mutually agreeable alternate dates, and thenMr. 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. The movant shall be responsible for contacting the Office ofHearings. K. Stipulated Venue: The parties agreed that the venue location for the hearing is Orlando, Florida. L. Attorney Withdrawal: Pursuantto 14 C.F.R. §13.218, an attorney who wishes to withdraw from representing a party must file a Motion to Withdraw. In this Motion, Inthis Motion, the attorney shall confirm the following: 1. The date, address, and method by which the Respondent was served with written notice ofthe attorney's intentto withdraw; 2. The name ofthe designated agent/lay representative ifthe Respondent inthe action is a business entity; 3. Thecurrent business address, telephone number, and fax number ofthe Respondent and ofits designated business agent; 4. The date and method by which the Respondent was notified inwriting ofthe pending hearing dates inthis litigation, as well as the pending pre-hearing discovery deadlines and telephone conferences; and

Page 4 of55. The date and method by which the Respondent was provided a copy ofall Orders issued in this litigation, as well as any other legal documents to which the Respondent is entitled. M. For clarifications ofthis order orquestions with regard to the procedures to be followed in this case, please contact Mr. Cody L. Smith, Attorney-Advisor, atthe Office ofHearings (202-366-6941).

Attachment: Service List

Page 5 of5SERVICE 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 WilburWrightBuilding-Suite 2W10001

Mr. ChristopherR. Stevenson 

### Complainant's Counsel Federal AviationAdministration ONE COPY

Office ofthe Regional Counsel, Southern Region P. 

### 0. Box20636 Atlanta, GA 30320 TEL: 404-305-5200 FAJ(: 404-305-5223 Mr. Robert P. Silverberg 

### Respondent's Counsel Silverberg, Goldman & Bikoff, LLP Georgetown Place, Suite 120 1101 30th St.,N.W. Washington, DC 20007 TEL: 202-944-3300 FAJ(: 202-944-3306 Judge J.E. Sullivan 

### US. Administrative LawJudge Office ofHearings, M-20 U.S. Department ofTransportation 1200NewJerseyAvenue, S.E. (Ell-310) Washington, DC 20590 TEL: 202-366-6941 FAJ(: 202-366-7536 FDMSNo. FAA-2013-0291 (Civil Penalty Action)

1 Service was byU.S. Mail. For service in person orby expedited courier, use the following address: Federal Aviation Administration, 600 IndependenceAvenue, S.W., WilburWrightBuilding-Suite 2W1000, Washington, DC 20591; Attention: Hearing DocketClerk, AGC-430.