SERVED OCTOBER 27, 2011 

,, Nijv':;^'reu s . DEPARTMENTOF TRANSPORTATION - 'j;^\^0 ' 

OFFICE OF HEARINGS - ^ ii i 

WASHINGTON, 0C 

: " . - ^ {: 7 

In the Matter of ) 

) Docket No. FAA-2011-0069 

DEAN INTERNATIONAL, INC. ) 

) (Civil Penalty Proceeding) 

Respondent ) 

ORDER 

RE-SETTING LITIGATION DATES AND PROCEDURES 

On Wednesday, October 26, 2011 the parties appeared by telephone for a second 

Motion Conference. During that time, they discussed their calendar availability and 

litigation procedural issues, for the purpose of re-setting the litigation procedural 

deadlines and the hearing dates. 

A. The new litigation dates and hearing dates are hereby set as follows: 

1. November 18,2011: Deadline for the parties to contact tKe Office of 

Hearings and schedule a motion date to resolve any other disputes regarding 

the discovery exchange. 

2. December 12, 2011: Deadline for Respondent to provide to the FAA all 

Answers to Interrogatories, and all Requests for Production. 

3. January 31,2012: Deadline for taking all depositions. 

4. February 10,2012: Deadline for exchanging any supplemental discovery, 

based on deposition testimony. 

5. February 17,2012: Deadline for filing any supplemental Notices of 

Deposition which are needed, based on the disclosures made during earlier 

deposition testimony and the supplemental exchange of discovery. 

6. March 16,2012: Deadline for taking and completing any needed 

supplemental Depositions. 

7. March 16,2012: Discovery cut-off date. The last date for the parties to 

exchange any and all requested discovery, including the name(s) and 

address(es) of all expert witnesses. 

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8. March 21, 2012: Final deadline for filing any Summary Judgment Motion or 

dispositive Motions (if any). 

a) March 30,2012: Answer due date; 

b) April 10,2012: Reply due date; 

c) April 12,2012 at 1:30pm EST: Telephone Motion conference. 

9. March 30, 2012: Evidentiary Exchange due date. The last date for each 

party to serve and 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 documents the party intends to offer in evidence (pre-marked as noted 

below); and 

d) The resume of each witness who will be offered as an expert. 

10. April 24,2012 - April 26,2012: Hearing dates. The Hearing will begin on 

April 24, 2012 (9:00am-4:30 pm) in the Miami, Florida metropolitan area. 

The location of the Hearing will be provided to the parties prior to the 

Hearing. The Hearing will finish on April 26,2012 (9:00am-4:30pm). 

B. The parties may file written Stipulations at any time. 

C. The parties may also file dispositive Motions earlier than the deadline 

listed above, and request earlier Answer/Reply times, as well as an earlier Motion 

Conference on such Motions. 

D. Requests for modification of the litigation dates set forth in paragraph A 

may be made by written Motion, Before filing such a Motion, however, the party seeking 

the modification shall contact the opposing party and discuss the proposal, and try to 

reach an agreement on the matter, so long as it does not extend the time for hearing. A 

report on the result of this discussion shall be included in any Motion. 

E. A Motion to Compel Discovery may be made if a request for discovery is 

not complied with within 15 days after it is received. The parties are strongly encouraged 

to file discovery requests as promptly as possible, so that any motions for relief may be 

timely addressed. Belated service of burdensome discovery requests may be grounds for 

denial of a motion to compel compliance with such requests. 

F. Discovery requests or documents complying with discovery requests need 

not be filed in this case with the Office of Hearings, except as part of a Motion to Compel 

Discovery. 

G. Each party must bring to the hearing at least three copies of any 

documents it intends to offer in evidence as exhibits (one for the Judge and two for the 

official reporter). The exhibits should be pre-marked. Complainant's exhibits should be 

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marked "C-1," "C-2," "C-3," etc. Respondent's exhibits should be marked "R-1," R-2," 

"R-3," etc. 

H. At the hearing, tiiere will be the opportunity for direct examination, crossexamination, redirect examination and re-cross-examination of each witness. Only one 

representative of a party may cross-examine a witness on behalf of that party. Pursuant to 

49 C.F.R. §386.56, the Federal Rules of Evidence will be followed. 

I. For clarifications of this order or questions with regard to the procedures 

to be followed in this proceeding, please contact the Office of Hearings and ask for 

Attorney Priya Krishna at (202) 366-6941 or Legal Assistant C. Diane Mays at (202) 

366-2132. 

J. ^SulUvi 

U-S/AdflMftTstrative Law Judge 

Attachment: Service List 

Page 3 of3 
FDMS No. FAA-2011-0069 

(Civil Penalty Proceeding) 

SERVICE LIST 

ORIGINAL & ONE COPY 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Washington, DC 20591 

Attention: Hearing Docket Clerk, AGC^30 

Wilbur Wright Building—Suite 2W1000' 

ONE COPY 

Stuart A. Goldstein, Respondent's Counsel 

Law Offices of Goldstein & Sordo 

9350 South Dixie Highway, 10th Floor 

Miami, FL 33156 

TEL: 305-670-1222 

FAX: 305-670-7065 

Christopher R. Stevenson, Complainant's Counsel 

Office of the Regional Counsel, ASO-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 

U.S. Department of Transportation 

Office of Hearings, M-20, Room El 2-320 

1200 New Jersey Avenue, S.E. 

Washington, DC 20590 

TEL: 202-366-2132 

FAX: 202-366-7536 

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 2WI000, Washington, 

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