In The Matter Of: PUERTO RICO 

## SERVED: October 13, 2016
U.S. DEPARTMENT OFTRANSPORTATION OFFICE OF HEARINGS WASHINGTON, DC 

## DEPARTMENT OF TRANSPORTATION 

# zot• OCT

**I~** 

## P ": 28 Docket No. FAA-201



## P-9~ET OPERATIONS POLICE DEPARTMENT ) ) ) ) ) ) Case No. 2011S0190181 Respondent

ORDER SETTING LITIGATION DATES AND PROCEDURES

OnAugust 16, 2016, an OrderResetting the Rule 16 Litigation Scheduling Conference, and Directing Submission ofa NewRule 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. Pursuantto 14 C.P.R. §§ 13.205, 13.217, 13.220, and Civ. R. 16, and afterreviewing 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. October25, 2016: Deadlinefor Initial Disclosures. To ensure that the parties have sufficienttime 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 October25, 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. Ifnot, then to ensure full use ofthe discovery time allotted in this case, the parties shall begin exchanging or serving general discovery requests on orbeforeNovember 1, 2016, pursuant to 14 C.F.R. § 13.220 (b), (c), (d) and (e). Discoveryrequests mustbe servedsufficiently early in the discoveryperiodto permitthe service ofresponses thereto prior to the deadline for completing general discovery. General discovery includes, but is not limited to: notices ofdeposition; requests for production ofdocuments; propounding interrogatories; requests for admission; etc. A party shall respond to a general discovery request no laterthan 30 days after service of the request, unless otherwise agreedby the parties. 3. Service ofInterrogatories. 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 ofan interrogatory shall be counted as a separate interrogatory.

a. Objection(s) to Interrogatories. Pursuantto 14 C.F.R. § 13.220(k), any objection in response to an interrogatory must include the reason(s) supporting the objection. 4. Optional Conferencewith the Court re: Discovery Disputes: To provide a more efficientmannerto resolve discovery disputes withoutthe burden offiling a formal motion, a party faced with a discovery problem may optto 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 (10) days after the discovery dispute arises, pursuant to the directions contained in paragraph 

### 0 infra. 5. Motions to Limit Discovery upon Receipt ofDiscovery 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 Reliefwithin 

### fifteen (15) days after service ofthe disputed discovery request, or as directed by the Court ifan optional discovery dispute conference is first convened.

a. Good FaithDeclarationIncluded: The Motionmustinclude a declaration by the moving party, confirmingthat the movanthas 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 ofDisputed Discovery: Pursuantto 14 C.F.R. § 13.220(b), only a copy of the disputed discovery, in support ofthe motion, shouldbe attached to the Motion orthe Response.

c. Response to Motion to Limit Discovery: Any Response to the Motion should be filed no later than 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 

### fifteen (15) days after service ofa deficient response or afterthe 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 of6a. Good FaithDeclaration Included: The Motion must include a declaration by the movingparty, confirmingthat the movanthas already conferred or attempted to confer in good faith withthe opposingparty regardingthedisputed discovery or disclosure, to try and resolve the matter informally, priorto seeking court relief. b. Procedure for Motion: Any Motion and/or Response to Compel Discovery shall be filed in the samemanner as directed for Motions to Limit Discovery (paragraph 4 (b)-(c) above). 7. Retained/Hired or EmployeeExpert Witness Disclosures. Ifa party retains or hires a witness to provide expert testimony, or a party intends to utilize the testimony ofan 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 timeline below. The expert witness disclosure shall include the name ofthe witness, the witness's expertresume orqualifications, and the witness's written report or statement of opinion (including disclosure ofthe basis ofthat opinion).

a. FAA Expert Disclosure Deadline: December8, 2016. b. Respondent Expert Disclosure Deadline: December8, 2016. c. Expert Rebuttal Reports Deadline: February 15, 2017. 8. Deposition Deadlines: Pursuantto the parties' agreement, the following deposition deadlines are adopted:

a. Begin taking depositions ofexpert 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 orbefore March 16, 2017, the parties shall finish serving requests for all general discovery. 10. April21, 2017: Deadline for Responding to Discovery. On orbefore April 21,2017, the parties shall finish servingresponses to all discovery requests. The period oftime betweenApril 21, 2017 and May 23, 2017 shall be utilizedto resolve any disputes on discovery responses. 11. May 23, 2017: Close ofDiscovery. Pursuant to the parties' agreement, the discovery period will close on May 23, 2017. 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: Deadlinefor 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. Page 3 of 6a. 

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

### August 25, 2017: Deadline for filing Reply (ifany). 14. 

### Telephone Motion Conference: September 14,2017 (1:30 p.m.-3:00p.m. ET). The parties shall convenebytelephone for oral argument on any filed dispositive motions on September 14, 2017 (1 :30 p.m.-3:00p.m. ET). N.B. Ifthe 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 ofWitnesses/Exchange ofExhibits. On or before January 17, 2018, the parties will file the following:

a. A list ofthe witnesses the party intends to call; b. A short statement ofthe testimony expected from each such witness; c. The resume orstatement 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 with a briefdescription ofeach document. 16. 

### January 31,2018: Written Stipulations and/orAgreed 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 onthe 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 ofthe Hearing will be provided to the parties prior to the Hearing.

B. Discovery Requests and Exchanges: Discovery requests and exchanges neednotbe filed with the Office ofHearings, except as part ofa motionregarding limited discovery, disputed discovery, otas part ofa motion to compel discovery. C. Failure to ·Move for Timely Relief/Late Service ofDiscovery: The failure to timely respond to discovery requests, and/orto timely move for relief regarding discovery disputes during the discovery period, mayresult 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.

Page 4 of 6D. Scheduling Motion or Pre-Hearing Conferences onthe Judge's Calendar: Priorto the Hearing date(s), ifa party wishesto schedule oral argumenton any motion, or setup any type ofpre-hearingtelephone conference onthe Judge's calendar, the party shall first confer with opposing counsel aboutmutually agreeable alternate dates. The movant shall nextcontactMrs. Rachael Brown, Judicial Assistant, at the Office ofHearings (202-366- 2L32) 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: Each party must bringto the Hearing at least three 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 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: Atthe Hearing, there willbe the opportunity for direct examination, cross-examination, and redirect examination ofeach witness. Only one representative ofa party may direct or cross-examine a witness onbehalfofthatparty. Pursuantto 14 C.F.R. 

### § 13.205 and 14 C.F.R. 

### § 13.222, the Federal Rules ofEvidence maybe utilized as helpful guidance in determiningthe admission ofevidence. G. Attorney Withdrawal: Pursuant to 14 C.F.R. § 13.218, an attorney who wishes to withdrawfrom 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 ofthe attorney's intent to withdraw; 2. The name ofthe designated agent/lay representative ifthe Respondent in the action is a business entity; 3. The currentbusiness address, telephone number, and fax number ofthe Respondent and ofits designated agent; 4. A statementthatthe Respondent has been notified in writing ofthe pending hearing dates in this litigation, as well as the pendingpre-hearing discovery deadlines andtelephone conferences; and 5. A statementthatthe Respondent has beenprovided a copy ofall Orders issued in this litigation, as well as any other legal documents to whichthe 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 court transcript and filed by the court reporter.

Page 5 of 6I. 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. Alternatively, the parties may also file an agreed written request. J. Clarification or Questions: For clarifications ofthis order orquestions 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 of6SERVICE LIST- BY U.S. MAIL ORIGINAL & ONE COPY Federal AviationAdministration 800 Independence Avenue, S.W. Washington, DC 20591 Attention: Hearing Docket Clerk, AGC-430 Wilbur Wright Building-Suite2Wl000 1

,. 11'. '\

**~** :: 'l '. Mr. Christopher R. Stevenson 

### Complainant's Counsel Office ofthe Regional Counsel,'AS0-7 Southern Region Federal Aviation Administration 1701 ColumbiaAvenue College Park, GA 30337 TEL: 404-305-5200 FAX: 404-305-5223 Ms. NazihraM. Abdulrahman Soler Ms. BetmarR. Lopez Pagan 

### Respondent's Counsel Puerto Rico Police Department Office ofLegal 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 LawJudge ··, Office ofHearings, M-20 U.S. Department ofTransportation ONE COPY

1200 NewJersey Avenue, S.E. (Ell-310) Washington, DC 20590 TEL: 202-366-6941 FAX: 202-366-7536 Docket No. FAA-2013-1086 (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 2WI000, Washington, DC 20591; Attention: Hearing Docket Clerk, AGC-430.