In The Matter Of: 

PUERTO RICO 

SERVED: October 13, 2016 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, DC 

DEPARTMENT OF 

TRANSPORTATION 

zot• OCT I~ P ": 28 

Docket No. FAA-201 P-9~ET OPERATIONS 

POLICE DEPARTMENT 

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Case No. 2011S0190181 

Respondent 

ORDER SETTING LITIGATION DATES AND PROCEDURES 

On August 16, 2016, an Order Resetting the Rule 16 Litigation Scheduling Conference, 

and Directing Submission of a New Rule 26(f) Scheduling/Discovery Plan was filed. 

On October 6, 2016, the FAA and the Respondent, the Puerto Rico Police Department, 

filed their Joint Proposed Schedule. 

On October 13, 2016, the parties appeared by telephone for the Rule 16 Litigation 

Scheduling Conference. During this Conference the parties discussed the Joint Proposed 

Schedule, their calendar availability, hearing dates, and other litigation procedural matters. 

Pursuant to 14 C.P.R. §§ 13.205, 13.217, 13.220, and Civ. R. 16, and after reviewing all 

relevant caselaw, regulations, 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. October 25, 2016: Deadline for Initial Disclosures. To ensure that the parties have 

sufficient time to address all issues in dispute, the parties shall serve each other with 

initial disclosures (as described in Civ. R. 26(a)(l )(A)(i), (ii), and (iii)), on or before 

October 25, 2016, without waiting for a specific discovery request. 

2. On or before November 1, 2016: General Discovery Initiated. Pursuant to 14 C.F.R. 

§ 13.220(a), the parties may have already begun conducting general discovery. If not, 

then to ensure full use of the discovery time allotted in this case, the parties shall begin 

exchanging or serving general discovery requests on or before November 1, 2016, 

pursuant to 14 C.F .R. § 13.220 (b), (c), (d) and (e). Discovery requests must be served 
sufficiently early in the discovery period to permit the service of responses thereto prior 

to the deadline for completing general discovery. 

General discovery includes, but is not limited to: notices of deposition; requests for 

production of documents; propounding interrogatories; requests for admission; etc. A 

party shall respond to a general discovery request no later than 30 days after service of 

the request, unless otherwise agreed by the parties. 

3. Service of Interrogatories. Pursuant to 14 C.F.R. § 13.220(k)(l )~ a party shall not serve 

more than thirty (30) interrogatories upon each other. Each subpart of an interrogatory 

shall be counted as a separate interrogatory. 

a. Objection(s) to Interrogatories. Pursuant to 14 C.F.R. § 13.220(k), any objection 

in response to an interrogatory must include the reason(s) supporting the 

objection. 

4. Optional Conference with the Court re: Discovery Disputes: To provide a more 

efficient manner to resolve discovery disputes without the burden of filing a formal 

motion, a party faced with a discovery problem may opt to request an informal telephone 

Conference with the Court, before filing any formal discovery motion. See Civ. R. 

16(b )(3)(13)(v). The movant should set up such optional Conference within ten (1 0) days 

after the discovery dispute arises, pursuant to the directions contained in paragraph 0 

infra. 

5. Motions to Limit Discovery upon Receipt of Discovery Request: A party served with a 

discovery request who seeks to limit discovery pursuant to 14 C.F.R. § 13.220(£), (g), and 

(h)~ shall file a Motion for Relief within fifteen (15) days after service of the disputed 

discovery request, or as directed by the Court if an optional discovery dispute conference 

is first convened. 

a. Good Faith Declaration Included: The Motion must include a declaration by the 

moving party, confirming that the movant has already conferred or attempted to 

confer in good faith with the opposing party regarding the disputed discovery or 

disclosure, to try and resolve the matter informally, prior to seeking court relief. 

b. Copy of Disputed Discovery: Pursuant to 14 C.F.R. § 13.220(b), only a copy of 

the disputed discovery, in support of the motion, should be attached to the Motion 

or the Response. 

c. Response to Motion to Limit Discovery: Any Response to the Motion should be 

filed no later than ten (10) days after service of the Motion. 

6. Motions to Compel Discovery: A party seeking to compel discovery must file a Motion 

to Compel within fifteen (15) days after service of a deficient response or after the 

response to the discovery was due, whichever occurs first; or as directed by the Court if 

an optional discovery dispute conference is first convened. 

Page 2 of 6 
a. Good Faith Declaration Included: The Motion must include a declaration by the 

moving party, confirming that the movant has already conferred or attempted to 

confer in good faith with the opposing party regarding the disputed discovery or 

disclosure, to try and resolve the matter informally, prior to seeking court relief. 

b. Procedure for Motion: Any Motion and/or Response to Compel Discovery shall 

be filed in the same manner as directed for Motions to Limit Discovery 

(paragraph 4 (b)-( c) above). 

7. Retained/Hired or Employee Expert Witness Disclosures. If a party retains or hires a 

witness to provide expert testimony, or a party intends to utilize the testimony of an 

employee to give expert testimony-then the party intending to offer such witness shall 

disclose this retained or employee expert witness to the opposing side pursuant to the 

time line below. The expert witness disclosure shall include the name of the witness, the 

witness's expert resume or qualifications, and the witness's written report or statement of 

opinion (including disclosure of the basis of that opinion). 

a. FAA Expert Disclosure Deadline: December 8, 2016. 

b. Respondent Expert Disclosure Deadline: December 8, 2016. 

c. Expert Rebuttal Reports Deadline: February 15, 2017. 

8. Deposition Deadlines: Pursuant to the parties' agreement, the following deposition 

deadlines are adopted: 

a. Begin taking depositions of expert or non-experts: January 15, 2017. 

b. Deadline to issue deposition notices serve subpoenas: January 31, 2017. 

c. Deadline to take depositions: March 10, 2017~ 

9. March 16, 2017: Deadline for Requesting Discovery. On or before March 16, 2017, the 

parties shall finish serving requests for all general discovery. 

10. April21, 2017: Deadline for Responding to Discovery. On or before April 21,2017, 

the parties shall finish serving responses to all discovery requests. The period of time 

between April 21, 2017 and May 23, 2017 shall be utilized to resolve any disputes on 

discovery responses. 

11. May 23, 2017: Close of Discovery. Pursuant to the parties' agreement, the discovery 

period will close on May 23, 201 7. 

12. Duty to Supplement or Amend Discovery. Pursuant to 14 C.F.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 throughout the litigation period, as soon as the information is known. 

13. July 11,2017: Deadline 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. 

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a. August 1, 2017: Deadline for filing Answer to Dispositive Motion(s); 

b. August 25, 2017: Deadline for filing Reply (if any). 

14. Telephone Motion Conference: September 14,2017 (1:30 p.m.-3:00p.m. ET). The 

parties shall convene by telephone for oral argument on any filed dispositive motions on 

September 14, 2017 (1 :30 p.m.-3:00p.m. ET). N.B. If the parties do not file dispositive 

motions, then this Telephone Conference will be automatically converted and held as a 

Pre-Hearing Status Conference. The parties shall access the Court's conference line by 

calling 1-888-278-0296 (Access Code: 5851842). 

15. January 17, 2018: List of Witnesses/Exchange of Exhibits. On or before January 17, 

2018, the parties will file the following: 

a. A list of the witnesses the party intends to call; 

b. A short statement of the testimony expected from each such witness; 

c. The resume or statement of qualifications of each 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 with a brief description of each document. 

16. January 31,2018: Written Stipulations and/or Agreed Motions in Limine. On or 

before January 31, 2018, the parties shall file any written stipulations that narrow the 

factual or legal issues, and/or that are agreed Motions in Limine. 

17. February 13, 2018- February 15, 2018: Hearing Dates. 

Based on the parties' agreement, the Hearing will take 3.0 days or less. The Hearing will 

begin on February 13, 2018 (9:00a.m-5:00p.m.) in San Juan, Puerto Rico. The Hearing 

will continue on February 14, 2018 (9:00a.m-5:00p.m.) and conclude on February 15, 

2018 (9:00a.m-5:00p.m.). The specific location of the Hearing will be provided to the 

parties prior to the Hearing. 

B. Discovery Requests and Exchanges: 

Discovery requests and exchanges need not be filed with the Office of Hearings, except 

as part of a motion regarding limited discovery, disputed discovery, ot as part of a motion to 

compel discovery. 

C. Failure to ·Move for Timely Relief/Late Service of Discovery: 

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 of discovery requests 

may also be grounds for denial of a motion to compel compliance with such requests. 

Page 4 of 6 
D. Scheduling Motion or Pre-Hearing Conferences on the Judge's Calendar: 

Prior to the Hearing date( s ), if a party wishes to schedule oral argument on any motion, or 

set up any type of pre-hearing telephone conference on the Judge's calendar, the party shall 

first confer with opposing counsel about mutually agreeable alternate dates. The movant shall 

next contact Mrs. Rachael Brown, Judicial Assistant, at the Office of Hearings (202-366-

2 L32) as soon as possible, with at least three (3) mutually-agreed, proposed alternate 

dates/times for the Judge's consideration. 

E. Exhibits Brought to the Hearing: 

Each party must bring to the Hearing at least three copies of any 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 and tabbed. Con1plainant's 

exhibits should be 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: 

At the Hearing, there will be the opportunity for direct examination, cross-examination, 

and redirect examination of each witness. Only one representative of a party may direct or 

cross-examine a witness on behalf of that party. Pursuant to 14 C.F .R. § 13.205 and 14 

C.F.R. § 13.222, the Federal Rules of Evidence may be utilized as helpful guidance in 

determining the admission of evidence. 

G. Attorney Withdrawal: 

Pursuant to 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, the attorney shall confirm the 

following: 

1. The date the Respondent was served with written notice of the attorney's intent to 

withdraw; 

2. The name of the designated agent/lay representative if the Respondent in the 

action is a business entity; 

3. The current business address, telephone number, and fax number of the 

Respondent and of its designated agent; 

4. A statement that the Respondent has been notified in writing of the pending 

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

deadlines and telephone conferences; and 

5. A statement that the Respondent has been provided a copy of all Orders issued in 

this litigation, as well as any other legal documents to which the Respondent is 

entitled. 

H. Court Filing of Exhibits with the Hearing Docket: 

All Exhibits that the parties have moved for admission during the Hearing will be 

attached to the court transcript and filed by the court reporter. 

Page 5 of 6 
I. Requests for Modification of this Order: 

Any requests for modification of the litigation dates and procedures set forth in this Order 

should be made by written Motion. Alternatively, the parties may also file an agreed written 

request. 

J. Clarification or Questions: 

For clarifications of this order or questions with regard to the procedures to be followed 

in this case, please contact Mrs. Rachael Brown, Judicial Assistant, at the Office ofHearings 

(202-366-2132). 

Attachment: Service List 

Jt 

U. 

Page 6 of 6 
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 2Wl 000 1 

,. 11'. 

'\ ~ :: 'l '. 

Mr. Christopher R. Stevenson 

Complainant's Counsel 

Office of the Regional Counsel,' AS0-7 

Southern Region 

Federal Aviation Administration 

1701 Columbia Avenue 

College Park, GA 30337 

TEL: 404-305-5200 

FAX: 404-305-5223 

Ms. Nazihra M. Abdulrahman Soler 

Ms. Betmar R. Lopez Pagan 

Respondent's Counsel 

Puerto Rico Police Department 

Office of Legal Affairs 

P.O. Box 71200 

San Juan, P.R. 00936 

TEL: 787-793-1234 ext. 3067, 2203 

FAX: 787-781-7993 

Judge J.E. Sullivan 

U.S. Administrative Law Judge · ·, 

Office of Hearings, M-20 

U.S. Department of Transportation 

ONE COPY 

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

Washington, DC 20590 

TEL: 202-366-6941 

FAX: 202-366-7536 

Docket No. FAA-2013-1086 

(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 2W I 000, Washington, 

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