In The Matter Of: 

SERVED SEPTEMBER 5, 2012 --,-_:..;AR ~~lE~iT or: -' ' I i l~ f'i I 

··-,. i·"SPORTATION U.S. DEPARTMENT OF TRANSPORTATIOt-{'c.,. OPJ:PATio·~~c: OFFICE OF HEARINGS . Jl ,~,..I l ... " ' 1 l"iv 

WASHINGTON, DC z:1z ~EP -· b ,6, q: li ll 

Docket No. FAA-2012-0784 

SOUTHERN AIR SERVICES 

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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, their jointly 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 of Hearings will initiate the Conferen~e by telephone . . . - call, contacting each party at the party's telephone number of record. A party ni~y provide an 

alternate number by notifying the Office of Hearings at least 24 hours prior to the ·~nference. • 

2) Rule 26(f) Attorneys' Planning Meeting and Submission of Proposed 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 a jointly written proposed scheduling/ discovery plan>~hich must 

be completed and filed with the 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 plan by regular mail filing with the U.S. Department of Transportation's .. -· 

Docket Office, the parties ~hall file a working copy of the scheduling/discovery pl~n with the 

undersigned Judge at the Office of Hearings by fax, expresscarrier, or personal delivery. The 

certificate of service should reflect the manner of service. 

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 of each party's claims, the possibility of resolving .all or part of the case, the 

scope and type of discovery (including electronic discovery) and the place of venue 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 of developing their proposed scheduling/discovery plan. 

The parties' planning meeting should also include discussion about the sequence and timing 

of follow-up discovery, including whether that discovery should be conducted in phases to 

prepare for any filing of particular motions (e.g., limiting scope of trial, 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 of expense and delay. Any unresolved 

scheduling/discovery disputes should be clearly identified in the 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: 

If a party has an unavoidable conflict with the Scheduled Rule 16 Litigation Scheduling 

Conference set in paragraph 1 supra, and wishes to modify the date/time of the scheduled 

Conference, the party shall first confer with opposing counsel about mutually agreeable 

alternate dates, and then contact C. Diane Mays at the Office of Hearings (202-366-2132) as 

soon as possible after the receipt of this Order, with at least three {3) mutually-~greed, 

proposed alternate dates/times fqr 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 2W1 0001 

ONE COPY 

Charles S. Inderwiesen, Respondent's Representative 

Southern Air Services; Respondent 

1202 Maurice Sonny Clave! Rd. 

Wauchula FL 33878 

TEL: 941-209-2393 

Christopher R. Stevenson, Complainant's Counsel 

Office of the 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 Law Judge 

·Office of Hearings, M-20 

U.S. Department of Transportation 

1200 New Jersey Avenue, S.E. (E11-310) 

Washington, DC 20590 

TEL: 202-366-2132 

FAX: 202-366-7536 

FDMS No. FAA-2012-0784 

(Civil Penalty Action) 

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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 2WIOOO, Washington, 

DC 20591; Attention: Hearing Docket Clerk, AGC-430. . ·