## SERVED: Apri12, 2013
U.S. DEPARTMENT OF TRANSPORTATION·

InThe Matter Of: FACILITY SOLUTIONS, INC. Respondent 

### OFFICE OF HEARINGS WASHINGTON, DC £\J**·~** ) ) ) ) ) DocketNo. FAA-2013-0047 Case No. 2012NE700128



### ORDER SETTING RULE 16 LITIGATION SCHEDULING CONFERENCE AND DIRECTING RULE 26(t) PLANNING AND SUBMISSION 1) Rule 16 LitigationScheduling Conference: Pursuant to 14 C.F.R. 

### § 13.205(a)(1) and (7) and Civ. R. 16, the parties shall appear by telephone on

### Thursday,June 6, 

### 2013, 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, theirjointly submitted proposed scheduling/discovery plan (see paragraph 2 

### infra) and respond to any questions regarding disagreements not resolved inthe proposed plan. Duringthe Conference a final scheduling/discovery plan will be ruled upon, as well as any otherrelated matters pursuant to Rule 16(c). The Office ofHearings 

### will initiate the Conference by telephone call, contacting eachparty atthe party's telephone number ofrecord. A party may provide an alternate number by notifying the Office ofHearings atleast 24 hours priorto the Conference.
2) Parties' Rule 26(f) Planning Meeting and Submission ofProposed Discovery Plan: Pursuant to 14 C.F.R. 

### § 13.217 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 orbefore 

### Thursday, May 30, 2013 (i.e.
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(t) 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 the place ofvenue for hearing. During this meeting, the parties shall discuss matters identified in 14 C.F.R. 

### § 13.217 and Rule 26(t)(2) and (3) as part ofdeveloping theirproposed scheduling/discovery plan. Theparties' planning meeting should also include discussion aboutthe 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 deadlines in the parties' proposed scheduling/discovery plan should be mutually agreeable, with a viewto achieving case resolution with a minimum ofexpense and delay. Any unresolved scheduling/discovery disputes shouldbe clearly identified inthe proposed plan, so thatthese disputes may be addressed by the Judge during the Rule 16 Litigation Scheduling Conference. In addition to filing the proposed scheduling/discovery planby regular mail filing with the Federal AviationAdministration Hearing Docket Clerk, the parties shall file a working copy of the scheduling/discovery plan with the undersigned Judge at the Office ofHearings by fax, express carrier, or personal delivery. The certificate ofservice should reflectthe manner of service.
3) Conflicts with 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/timeofthe scheduled Conference, the party shallfirst conferwith opposing counsel aboutmutually agreeable alternate dates, and then contact Mr. Cody 

### L. Smith, Attorney-Advisor atthe Office of Hearings (202-366-6941) 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 2 of2

### 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 2Wl000 1



### Mr. Brian K. Khan, Esq. 

### Complainant's Counsel Office ofthe Regional Counsel Federal Aviation Administration 2300 East Devon Avenue, AGL-7H Des Plaines, IL 60018 TEL: 847-294-7652 FAX: 847-294-7498 Mr. Roy J. Transit, Esq. 

### Respondent's Counsel P.O. Box 1578 Royal Oak, MI 48068-1578 TEL: 586-491-6822 Judge J.E. Sullivan 

### U.S. Administrative Law Judge Office ofHearings, M-20 U.S. Department ofTransportation 

### ONE COPY

1200NewJersey Avenue, S.E. (Ell-310) Washington, DC 20590 TEL: 202-366-2132 FAX: 202-366-7536 FDMS No. FAA-2013-0047 (Civil Penalty Action)

1 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.