In The Matter· Of: 

SF:RVED SEPTEMB}~l~ 6, 2012 :::: I)ARTI\llENT OF 

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U.S. DEPARTMENT OF TRANSPORTATI0NET OPEFlAT!()NS 

OFFICE OF HEARINGS 

WASHINGTON, DC 

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ZGU -l A q: 33 

Docket No. FAA-2012-0779 

DANIEL JOHNATHAN STERLING 

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) 

) 

Case No.2011-EA-030050 '{· • ~ Al 

Respondent 

ORDER SETTING RULE 16 LITIGATION SCHEDULING CONFERENCE, 

AND DIRECTING RULE 26(t) PLANNING AND SUBMISSION 

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 Thursday, November 8, 2012 at 10:00am Eastern.time for a Rule 16 

Litigation Scheduling Conference. During this Conference the parties will. discuss the issues in 

the dispute, their jointly submitted proposed scheduling/discovery plan (see paragraph 2 infra) 

and respond to any questions regarding disagreements not resolved in the proposed plan.. During . 

the Conference a final scheduling/discovery plan will 'be ruled upon, as well as any other related 

matters pursuant to Rule l6(c). The Office of Hearings will initiate the Conferen~ by telephone 

call, contacting each party at the party's telephone number of record. A party may provide an· 

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

2) Rule 26(t) Attorneys' Planning Meeting and Submission of Proposed Discovery Plan: • . . I . 

Pursuant to 14 C.F.R. § 13.217 and Fed. R. Civ. P. 26(f),prior to convening with the Judge 

for the Rule 16 Litigation ScJ:teduling-Conference, the parties shall privately conduct a Rule 26(f) . . .,. '. ~ ill 

planning meeting and prepare a jointly written proposed scheduling/ discovery plan,. ~hich must 

be completed and filed with. the undersigned Judge on or before Thurday, November 1, 2012 ' ' 

(i.e. seven (7) calendar days before the Conference). In addition to filing .the proposed 

sche,duling/discovery plan by regular mail filing with the U.~. Departlnent of Transportation's 

Docket Office, the parties shall file a working topy of the scheduling/discovery plan with the 

Page 1 of2 
( undersigned Judge at the Office of Hearings by fax, express carrier, or personal·deHvery. The 

certificate of service should reflect the manner of service. 

The Attorneys' Rule 26(f) planning meeting shaH 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(induding 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 s.cheduling/discovery plan. 

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

9f follow-up discovery, including whether that discovery should ~e 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 scheduiing/discovery plan should be mutually agreeable, 

with a view to ac~eving case resolution with a mii~imum of expense and delay. Any unresolved 

scheduling/discovery disputes should be clearly identified iri 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 theOffice of Hearings (202-366-2132) as 

soon as possible after the receipt of this Order, with at least three (3) mutually-agreed, 

proposed alternate dates/times for the Judge's consideration. 

Ju llivan 

U.S. Administrative Law Judge 

Attachment: Service List 

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SERVICE LIST- BY U.S. MAIL 

ORIGINA~ & ONE COPY 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Washington, DC 20591 

Attention: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building-Suite 2Wl0001 

Daniel Johnathan Sterling, Respondent· 

140 Jamison Lane 

Monroevilie, P A 15146 

TEL: 909-732-1332 

Leonid Talisman, Coinpktinant 's Counsel 

Office of the Regional Counsel 

Eastern Region 

Federal Aviation Administration 

l Aviation Plaza 

Jamaica, NY 11434 

TEL: 718-553-3403 

FAX: 718-995-5699 

ONE COPY 

The Honorable J.E. Sullivan, Administrative Law Judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

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

Washington, DC 20590 

TEL: 202-366-2132 

FAX: 202.;366-7536 

l'DMS No. FAA-"2012-0775 

(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 2Wl000, Washington, 

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