In The Matter Of: 

## SERVED: APRIL 7, 2014
U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS WASHINGTON, DC

DocketNo. PAA-2014-0110 M.T.I. TRAVEL, INC. ) ) ) ) ) Case No. 201380950011 Respondent



### ORDERSETTING RULE 16 LITIGATION SCHEDULING CONFERENCE AND DIRECTING RULE 26(t) PLANNING AND SUBMISSION 1) Rule 16 Litigation Scheduling Conference: Pursuantto 14 C.P.R.§ 13.205(a)(l) and (7) and Civ. R. 16, the parties shall appear by telephone on

### Tuesday, June 3, 

### 2014, at 11:00 a.m. Easterntime for a Rule 16 Litigation Scheduling Conference. During this Conference the parties will discuss the issues inthe dispute, theirjointly submittedproposed 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 pursuantto Rule 16(c). The parties shall access the Conferenceby dialing 202-493-2343.
2) Parties' Rule 26(f) Planning Meeting and Submission ofProposed Discovery Plan: Pursuantto 14 C.P.R.§ 13.217 and Civ. R. 26(f),priorto convening with the Judge for the Rule 16 Litigation Scheduling Conference, the parties shall privately conduct a Rule 26(f) planning meeting and prepare ajointly written proposed scheduling/ discovery plan, whichmust be completed and filed withthe undersigned Judge on orbefore 

### Tuesday, May 27,2014 (i.e.
seven (7) calendar days before the Conference). The attorneys ofrecord and all unrepresented parties arejointlyresponsible for arranging the Rule 26(f) conference, and for attempting in good faith to agree on the proposed discovery plan. The parties' Rule 26(f) planning meeting shall include a good faith discussion about the nature andbasis ofeachparty's claims, the possibility ofresolving all orpart ofthe case, thescope and type ofdiscovery (including 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 scheduling/discovery plan. Theparties' planning meeting should also include discussion about the sequence andtiming offollow-up discovery, including whether that discovery should be conducted in phases to prepare for any filing ofparticular motions (e.g., limiting scope oftrial, dispositive motions, etc). The deadlines inthe parties' proposed scheduling/discovery plan should be mutually agreeable, with a viewto achieving case resolution with a minimum ofexpense and delay. Any unresolved scheduling/discovery disputes should be clearly identified inthe proposed plan, so thatthese· disputes may be addressed by the Judge during the Rule 16 Litigation Scheduling Conference. In addition to filing the proposed scheduling/discovery planby regular mail filing withthe Federal Aviation Administration Hearing Docket Clerk, the parties shall file a working copy of the scheduling/discovery plan with the undersigned Judge at the Office ofHearings by fax, express carrier, or personal delivery. The certificate ofservice shouldreflect the manner of service.
3) Conflicts with Rule 16 Litigation Scheduling Conference Date: Ifa party has anunavoidable 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 confer with opposing counsel about mutually agreeable alternate dates, and then contact Mr. Cody L. Smith, Attorney-Advisor atthe Office of Hearings (202-366-6941) 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.

Attachment: Service List

Page 2 of2SERVICE 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 2W1000 1

Mr. Michael F. McKinley 

### Complainant's Counsel SeniorAttorney, Office ofthe ChiefCounsel Federal Aviation Administration 800 Independence Avenue, S.W. Washington, DC 20591 TEL: 202-267-7100 FAX: 202-267-5106 Mr. David P. Affinito 

### Respondent's Counsel Dell'Italia, Affinito & Santola 18 Tony Galento Plaza Orange, NJ 07050 TEL: 973-672-8000 FAX: 973-672-8215

Judge J.E. Sullivan 

### U.S. Administrative LawJudge Office ofHearings, M-20 U.S. Department ofTransportation 1200NewJersey Avenue, S.E. (Ell-310) Washington, DC 20590 TEL: 202-366-6941 · FAX: 202-366-7536 ONE COPY DocketNo. FAA-2014-0110 (Civil PenaltyAction)

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 2W1000, Washington, DC 20591; Attention: Hearing Docket Clerk, AGC-430. ·