In The Matter Of: 

## SERVED: JUNE 18, 2015
U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS WASHINGTON, DC

DocketNo. FAA-2015-0206 NORTHEASTERN AVIATION CORPORATION ) ) ) ) ) ) CaseNo. 2011EA110045 Respondent

ORDER SETTING LITIGATION DATES AND PROCEDURES
On April 15, 2015, an Order Setting aRule 16 Litigation Scheduling Conference, and Directing the Parties to Confer and File a Rule 26(f) Proposed Discovery Plan was filed. Among other things, this Order setthe Conference for June 18, 2015. On June**2~** 2015, the parties filed aJointly Proposed Scheduling/Discovery Plan. On June 18,2015,the parties appeared by telephone for the Rule 16 Litigation Scheduling Conference, and discussed their calendar availability, hearing dates, and other litigation procedural matters. Pursuantto 14 C.P.R.§ 13.205(a)(l), (6) and (7), Civ. R. 16, 14 C.P.R.§ 13.217, and 14 C.P.R. § 13.220, and afterreviewing all relevant caselaw, regulation, statutory authority, and being fully advised;

IT IS HEREBY ORDERED: A. The litigation dates, discovery procedures, and hearing dates are hereby set as follows: 1. June 30, 2015: Deadline for Initial Disclosures. To ensure thatthe parties have sufficienttime to address all issues in**disput~_,** on or before June 30, 2015 the parties shall serve each other withinitial disclo'sures (as described in Civ. R. 26(a)(l)(A)(i), (ii), and (iii)) withoutwaiting for a specific discovery request. 2. June 30, 2015: Deadline for More Specific Statement ofNumber ofViolations. The FAAwill file a more specific statement ofthe number ofviolations alleged, on orbefore June 30, 2015. 3. On or before July 1, 2015: General Discovery Initiated. Pursuant to 14 C.P.R. §13.220(a), the parties may immediately begin conducting generaldiscovery. In orderto ensure full use ofthe discoverytime allotted in this case, the parties shall begin exchanging or serving general discovery requests on orbefore July 1, 2015, pursuantto Page 1 of 514 C.P.R. §13.220 (b), (c), (d) and (e). General discovery includes, butis not limitedto: notices ofdeposition; requests for production ofdocuments; propounding interrogatories; requests for admission; etc. 4. Service oflnterrogatories. Pursuantto 14 CJ.R. § 13.220(k)(l), a party shall not serve more than thirty (30) interrogatories uf>'on**e~ch** other. Each subpart ofan interrogatory shall be counted as a separate interrogatory.

a. Objection(s) to Interrogatories. Pursuant to 14 C.P.R. § 13.220(k), any objection in response to an interrogatory must include the reason(s) supporting the objection. 5. Motions to Limit Discovery upon Receipt ofDiscovery Request: Aparty served with a discovery request who seeks to limit discovery pursuant to 14 C.P.R. § 13.220(f), (g), and (h), shall file a Motion for Reliefwithin ten (10) days after service ofthe disputed discovery request.

a. Good Faith Declaration Included: The Motion should include a declarationby the moving party, confirming that the movant has already conferred or attemptedto confer in good faith with the opposing party regarding the disputed discovery or disclosure, to try and resolve the matter informally, prior to seeking courtrelief. b. Copy ofDisputed Discovery: Pursuantto 14 C.P.R. § 13.220(b), only a copy of the disputed discovery, in support ofthe motion, shouldbe attachedto the Motion orthe Response. '

c. Response to Motionto LimitDiscovery: Any Response to the Motion should be filed no laterthan ten (10) days after service ofthe Motion. 6. ·Motions to Compel Discovery: A party seeking to compel discovery must file a Motion to Compel within ten (10) days after service ofa deficientresponse or after the response to the discovery is due, whichever occurs first.

a. Procedure for Motion: Any Motion and/or Response to Compel Discovery shall be filed inthe same manner as directed above for Motions to Limit Discovery (paragraph 4 and 4 (a)-(c)). 7. Retained/Hired or Employee ExpertWitness Disclosures. Ifaparty retains or hires a witness to provide experttestimony, or aparty intends to utilize the testimony ofan employee to give experttestimony

- then the party intending to offer such witness shall disclose this retained or employee expert witness to the opposing side pursuantto the timeline below. The expert witness disclosure shall include the name ofthe witness, the witness's expertresume or qualifications, and the witness's written report or statement of opinion (including disclosure ofthe basis of,that opinion). a) FAA ExpertDisclosure Deadline: September 1, 2015.
Page 2 of 5b) Respondent Expert Disclosure Deadline: September 17,2015. c) Expert Rebuttal Reports Deadline: October 9, 2015. 8. Duty to Supplement or Amend Discovery: Pursuantto 14 C.P.R. § 13.220(i), a party who has responded to a discovery request in this case has a duty to supplement or amend the response throughoutthe litigationperiod, as soon as the information is known. 9. December7, 2015: Deadlinefor Completing General Discovery. On orbefore December 7, 2015, the parties shall finish responding and serving answers to all general discoveryrequests pursuantto 14 C.F.R. § 13.220. This includes the taking of depositions, pursuantto 14 C.P.R.§ 13.220U). 10. January 12, 2016: Deadlines for Filing**Di~positive** Motion(s). The last date for both parties to file any/all pre-hearing dispositive-motions, including Default Motions and/or SummaryJudgment Motions. a) February 12, 2016: Deadline for filing Answer to Dispositive Motion(s); b) February 19, 2016: Deadline for filing Reply (ifany). 11. Telephone Motion Conference: March 7, 2016 (10:30 a.m.-12:00 p.m. ET). The parties shall convene bytelephone for oral argument on any filed dispositive motions on March 7, 2016 (10:30 a.m.-12:00 p.m. ET). N.B. Ifthe parties do not file dispositive motions, thenthis Telephone Conference will be automatically converted and held as a Pre-Hearing Status Conference. 12. May 9, 2016: List ofWitnesses/Exchange ofExhibits. On or before May 9, 2016, the parties will serve and file the following: a) A list ofthe witnesses the party intends to call; b) A short statement ofthetestimony expected from each such witness; c) The resume or statement ofqualifications ofeach witness who will be offered as an expert; d) The documents the party intends to offer in evidence (pre-marked as noted in paragraph

### E, infra); and e) An index cover sheet**wit~** a brief,desoi:"iption ofeach document. 13. May 9, 2016: Written Stipulations and/orAgreed Motions 

### in Limine. On or before May 9, 2016, the parties shall file any written stipulations that narrowthe factual or legal issues, and/or that are agreed Motions in Limine. 14

. • June 14, 2016- June 16,2016: HearingDates. Based on the parties' agreement, the Hearing will take three (3) days or less. The Hearing will begin on June 14,2016 (9:00a.m-5:00p.m. ET) in the Manhattan, NY or Islip, NY area. The Hearing will continue on June 15, 2016 (9:00 a.m-5:00 p.m. ET) and conclude on June 16, 2016 (9:00a.m.- 5:00p.m.). The specific location ofthe Hearingwill beprovidedto the parties shortlypriorto the Hearing. Ifno locations in Manhattan, NYor Islip, NY are available, the parties agreedthatvenue may be in Newark, NJ.
Page 3 of 5B. Discovery Requests and Exchanges: Discovery requests and exchanges need not be filed with the Office ofHearings, except as part ofamotionregarding limited discovery, disputed discovery, or as part ofa motionto compel discovery. C. Failure to Move for Timely Relief/Late Service ofDiscovery: The failure to timely respond to discovery requests, and/or to timely move for relief regarding discovery disputes during the discovery period, may result in a finding that the party has, through its actions, waived its right to relief. Late service ofdiscovery requests may also be grounds for denial ofa motion to compel compliance with such requests. D. Scheduling Motion or Pre-Hearing Conferenc_es on the Judge's Calendar: Prior to the Hearing date(s), ifa party wishes to schedule oral argument on any motion, or set up any type ofpre-hearingtelephone conference on the Judge's calendar, the party shall first confer with opposing counsel about mutually agreeable alternate dates. The movant shall next contact Mr. 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. E. Exhibits Broughtto the Hearing: Eachparty mustbring to the Hearing at leastthree copies ofany documents it intends to offer in evidence as exhibits (two for the Judge and one for the court reporter). The exhibits must have an index cover sheet, and should be pre-marked. Complainant's exhibits shouldbe marked "C-1," "C-2," "C-3," etc. Respondent's exhibits should be marked "R-1," R-2," "R-3," etc. F. Examination Process at the Hearing: Atthe Hearing, there will be the opportunity for direct examination, cross-examination, and redirect examination ofeach witness. Only one representative ofa party may direct or cross-examine a witness on behalfofthatparty. Pursuantto 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. '·'·
:.,**~** G. Attorney Withdrawal: Pursuant to 14 C.F.R. §13.218, an attorney who wishes to withdrawfrom representing aparty must file a Motion to Withdraw. In this Motion, the attorney shall confirm the following:

a. The date the Respondent was served with written notice ofthe attorney's intent to withdraw; b. The name ofthe designated agent/lay representative iftheRespondent in the action is a business entity; c. The currentbusiness address, telephone number, and fax number ofthe Respondent and ofits designated agent;

Page 4 of5d. A statementthatthe Respondent has been notified in writing ofthe pending hearing

.dates in this litigation, as well as the pending pre-hearing discovery deadlines and

telephone conferences; and e. A statementthat the Respondent has been provided a copy ofall Orders issued ii1 this litigation, as well as any other legal documents to which the Respondent is entitled. H. Court Filing ofExhibits with the Hearing Docket: All Exhibits that the parties have moved for admission during the Hearing will be attached to the coLni transcript and filed by the court reporter. I. Requests for Modification ofthis Order: Any requests for modification ofthe litigation dates and procedures set forth in this Order should be made by written Motion. The parties may also file an agreed written request. J. Clarification or Questions: For clarifications ofthis order or questions with regard to the procedures to be followed in this case, please contact Mr. Cody L. Smith, Attorney-Advisor, at the Office ofHearings 

### (202-366-6941).

Attachment: Service List

Page 5 of 5SERVICE 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 WrightBuilding-Suite2W10001

Mr. Daniel P. Kohlmeyer Complainant's Counsel Federal Aviation Administration ONE COPY

Office ofRegional Counsel, Eastern Region 1Aviation Plaza Jamaica, NY 11434 TEL: 718-553-3266 FAX: 718-995-5699 Mr. Edward J. Longosz, II Ms. Evelyn D. Sahr Respondent's Counsel Eckert, Seamans, Cherin, & Mellot, LLC 1717 Pennsylvania Avenue, N.W., Suite 1200 Washington, D.C. 20006 TEL: 202-659-6619 I 202-659-6622 FAX: 202-659-6699 Judge J.E. Sullivan 

### U.S. Administrative LawJudge Office ofHearings, M-20 U.S. Department ofTransportation 1200 NewJersey Avenue, S.E. (E11-310) Washington, DC 20590 TEL: 202-366-6941 FAX: 202-366-7536 DocketNo. FAA-2015-0206 (Civil Penalty Action)

1Service 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.