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 ) 

# ZGU -l A q: 

## 33

Docket No. FAA-2012-0779 DANIEL JOHNATHAN STERLING ') ) ) ) 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, theirjointly submitted proposed scheduling/discovery plan (see paragraph 2 

### infra) and respond to any questions regarding disagreements not resolved inthe proposed plan.. During
. the Conference a final scheduling/discoveryplan will 'be ruled upon, as well as any other related matters pursuantto Rule l6(c). The Office ofHearings will initiate the

## Conferen~ bytelephone call, contacting each party at the party's telephone number ofrecord. A party may provide an· alternate number bynotifying the Office ofHearings at least 24 hours priorto**the.~onference.** 2) Rule 26(t) Attorneys' Planning Meeting and Submission ofProposed Discovery Plan:

• . . I
. Pursuant to 14 C.F.R. 

### § 13.217 and Fed. R. Civ. P. 

### 26(f),prior to convening withthe Judge for the Rule 16 Litigation ScJ:teduling-Conference, the parties shall privately conduct a Rule 26(f)

. . .,. '.**~** ill planning meeting and prepare ajointly written proposed scheduling/ discovery plan,.**~hich** must be completed and filed with.the undersigned Judge on orbefore 

### Thurday, November 1, 2012 ' ' (i.e. seven (7) calendar days before the Conference). In addition to filing.the proposed sche,duling/discovery planbyregular mail filing withthe**U.~.** Departlnent ofTransportation's Docket Office, the parties shall file a working topy ofthe scheduling/discovery plan with the
Page 1 of2( undersigned Judge atthe Office ofHearings by fax, express carrier, or personal·deHvery. The certificate ofservice should reflect the manner ofservice. The Attorneys' Rule 26(f) planning meeting shaH include a good faith discussion about the nature and basis ofeach party's claims, the possibility ofresolving all orpart ofthe case, the scope and type ofdiscovery(induding electronic discovery) and the place ofvenue 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 ofdeveloping their proposed s.cheduling/discovery plan. The parties' planning meeting should also include discussion about the sequence 'and timing 9ffollow-up discovery, including whether thatdiscovery should**~e** conducted inphases to prepare for any filing ofparticular motions (e.g., limiting scope oftrial, 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** ofexpense 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: Ifa party has an unavoidable conflict withthe Scheduled Rule 

### 16 Litigation Scheduling Conference set inparagraph 1 

### supra, and wishes to modify the date/time ofthe scheduled


# .. Conference, 

### the party shall first conferwith opposing counsel about mutually agreeable alternate dates, and then contact C. Diane Mays at theOffice ofHearings 

### (202-366-2132) as soon as possible after the receipt ofthis 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

Page 2 of2j



### 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 2Wl000 1



### Daniel Johnathan Sterling, Respondent· 

### 140 Jamison Lane Monroevilie, PA 15146 TEL: 909-732-1332 Leonid Talisman, Coinpktinant 's Counsel 

### Office ofthe 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 LawJudge 

### Office ofHearings, M-20 U.S. Department ofTransportation 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)



# .. 

# ..

1 Service was by U.S. Mail. For service in person orby 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.