In The Matter Of: 

## SERVED SEPTEMBER 5, 2012**--,-_:..;AR ~~lE~iT** 

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## ··-,. i·"SPORTATION U.S. DEPARTMENT OF TRANSPORTATIOt-{'c.,.**OPJ:PATio·~~c:** 

### OFFICE OF HEARINGS

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DocketNo. FAA-2012-0784 SOUTHERN AIR SERVICES ) ) ) ) ) Case No. 2011-S0-15-0086 Respondent

ORDER SETTING RULE 16 LITIGATION SCHEDULING CONFERENCE, AND DIRECTING RULE 26(f) PLANNING AND SUBMISSION

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### , 1) Rule 16 Litigation Scheduling Conference: Pursuant to 14 C.F.R. 

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

### Wednesday, November 7, 

### 2012 at 1:30pm Eastern time for a Rule 16 Litigation Scheduting Conference. During this Conference the parties will discuss the issues in the dispute, theirjointly**su~mitted** proposed scheduling/d!scoveiy plan (see**paragr~ph** 2 infra) and respond to any questioris regarding disagreements not resolved in the

### pr~posecl~~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 Office ofHearings will initiate the**Conferen~e** by telephone



# . . . 

## - call, contacting each party at the party's telephone number ofrecord. 

### A party**ni~y** provide an alternate number by notifying the Office ofHearings at least 24 hours prior to the**·~nference.** •
2) Rule 26(f) Attorneys' Planning Meeting and Submission ofProposed Discovery-Plan: Pursuant to 14 C.F.R. § 13.217 and Fed. R. Civ. P. 26(f),prior to

### conveni~g

## with the Judge for the Rule 16 Litigation Scheduling Conference, the parties. shall privately conducfa Rule 26(f) · ·**-~**

. planning meeting and prepare ajointly written proposed scheduling/ discovery**plan>~hich** must

be completed and filedwiththe undersigned Judge on or before 

### Wednesday, October 31,2012 ' (i.e. seven (7) calendar days before the Conference). In addition to filing the proposed scheduling/discovery planby regular mail filing with the U.S. Department ofTransportation's

.. 

# -· Docket Office, the parties**~hall** file a working copy ofthe scheduling/discovery**pl~n** with the undersigned Judge at the Office ofHearings by fax, expresscarrier, or personal delivery. The certificate ofservice should reflect the manner ofservice. Page 1 of 2

## SERVED SEPTEMBER 5, 2012
The Attorneys' Rule 26(f) planning meeting shall include a good faith discussion about the nature and basis ofeach party's claims, the possibility ofresolving 

### .all or part 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(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 in phases 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 view to achieving case resolution with a minimum ofexpense and delay. Any unresolved scheduling/discovery disputes should be clearly identified inthe proposed plan, so that these disputes may be addressed by the Judge during the Rule 16 Litigation Scheduling Conference.
3) Conflicts with Rule 16 Litigation Scheduling Conference Date: Ifa party has an unavoidable conflict with the Scheduled Rule 16 Litigation Scheduling Conference set in paragraph 1supra, and wishes to modify the date/time ofthe scheduled Conference, the party shall first confer with opposing counsel about mutually agreeable alternate dates, and then contact C. Diane Mays at the Office ofHearings (202-366-2132) as
soon as possible after the receipt ofthis Order, with at least three {3)

### mutually-~greed, proposed alternate dates/times fqr the Judge's consideration.

Attachment: Service List

Page 2 of2SERVICE LIST:- BY U.S. MAIL ORIGINAL & ONE COPY Federal Aviation Administration 800Independence Avenue, S.W. Washington, DC 20591 Attention: Hearing Docket Clerk, AGC-430 Wilbur Wright Building-. Suite 2W1000 1 ONE COPY Charles S. Inderwiesen, Respondent'sRepresentative Southern Air Services;Respondent 1202 Maurice Sonny Clave! Rd. Wauchula FL 33878 TEL: 941-209-2393 Christopher R. Stevenson, Complainant's Counsel Office ofthe Regional Counsel, AS0-7 Southern Region Federal Aviation Administration P.O. Box 20636 Atlanta, GA 30320 TEL: 404-305-5200 FAX: 404-305-5223 The Honorable J.E

..Sullivan,Administrative LawJudge ·Office ofHearings, M-20 U.S. Department ofTransportation 1200 NewJersey Avenue, S.E. (E11-310) Washington, DC 20590 TEL: 202-366-2132 FAX: 202-366-7536 FDMS No. FAA-2012-0784 (Civil Penalty Action)

.,

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

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