In The·Matter Of: 

## SERVED: April 15, 2015 U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS WASHINGTON, DC

Docket No. FAA-2015-0206 NORTHEASTERN AVIATION CORPORATION ) ) ) ) ) ) Case No. 2011EA110045 Respondent


### ORDER SETTING 

## ARULE 16 LITIGATION SCHEDULING CONFERENCE, AND DIRECTING THE PARTIES TO

. . 

### CONFERAND FILE A RULE 26(f) PROPOSED DISCOVERY PLAN 1) Rule 16 Litigation Scheduling Conference: Pursuant to 14 C.F.R. 

### § 13.205 and Civ. 

### R. 16, the parties shall appear by telephone on Thursday, June 18, 2015, at 10:00 a.m. 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 d!sagreements 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 16(c). The parties shall access the Conference by dialing 202-493-2343.
2) Parties' Rule 26(£) Planning Meeting and Submission ofProposed Discovery Plan: Pursuant to 14 C.F.R. § 13.205(a)(6) and Civ. R. 26(f),prior to 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, which must be completed and filed with the undersigned Judge on or before Thursday, June 11, 2015 (i.e. at least seven (7) calendar days before the Conference). The attorneys ofrecord and all unrepresented parties arejointly responsible 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 aboutthe nature and basis ofeachparty's claims, the possibility ofresolving all orpart ofthe case, the scope and type ofdiscovery (including electronic discovery) and the place ofvenue for hearing. During this meeting, theparties shall discuss matters identified in 14 C.F.R. 

### § 13.217 and Rule 26(f)(2) and (3).aspart ofdeveloping their proposed scheduling/discovery plan. Theparties' planning meeting should also include discussion aboutthe sequence and timing offollow-up discovery, including whether that discovery shouldbe conducted inphases to prepare for any filing ofparticularmotions (e.g., limiting scope oftrial, dispositive motions, etc.). .The proposed discovery deadlines in the parties' proposed scheduling/discoveryplan shouldbe mutually agreeable, with a view to achieving caseresolution with a minimum of expense and delay. Anyunresolved scheduling/discovery disputes should be clearly identified in the proposedplan, so that these disputes may be addressed by the Judge during the Rule 16 Litigation Scheduling Conference. 3) Filing and Serving Documents: Pursuantto 14 C.F.R. § 13.211(a), a copy ofany document a party files with the Federal AviationAdministrationHearing Docket ("Hearing Docket") must also be separately filed with the undersigned, and served upon the opposing party. 4) Compliance with Court-Ordered Deadline Dates: Wheneverthe Judge orders the parties to file documents by a specific deadline date (see, e.g., paragraph2 above) such deadline date is the date by whichthe documents must be datestampedreceived atthe Office ofHearings. To ensure compliance with this and any future Orders setting deadlines, the parties are encouragedto fax orpersonally deliver a copyoftheir documents to the Office ofHearings (Fax: 202-366-7536), onorbefore the deadline date. Failure ofa party to timely file documents by the.court-ordered deadline could lead to the party's position not being considered.

Page 2 of35) Conflicts with the Rule 16 Litigation Scheduling Conference Date: Ifa party has anunavoidable conflict with the Scheduled Rule 16 Litigation Scheduling Conference set in paragraph 1

### supra, and wishes to modify the date/time ofthe scheduled Conference, the party shall t1rst conferwith opposing counsel about mutually agreeable alternate dates, andthen 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 leastthree (3) mutually-agreed, proposed alternate dates/times for the Judge's consideration.

Attachment: Service List

Page 3 of3

### , DocketNo. FAA-2015-0206 (Civil Penalty Action) SERVICE 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-Suite2W1000 1

Mr. 

### Daniel P. Kohlmeyer 

### Complainant's Counsel Federal Aviation Administration ONE COPY

Office ofRegional Counsel, Ea5tem Region 1Aviation Plaza Jamaica, NY 11434 TEL: 718-553-3266 FAX: 718-995-5699 Mr. 

### Edward.J. 

### Longosz, II Ms. Evelyn D. Sahr 

### Respondent's Counsel Eckert, Seamans, Cherin, & 

### Mellot, LLC 1717 Pennsylvania Avenue, N.W., Suite 1200 Washington, D.C. 20006 TEL: 202-659-6619 I 202-659-6622 

### FAX: 202-659-6699 Judge J.E. Sullivan 

### US. Administrative Law

### Judge Office ofHearings, M-20 U.S. Department ofTransportation 1200 New Jersey Avenue, S.J?. (Ell-310) Washington, DC 20590 TEL: 202-366-6941 FAX:**202-366~7536**

1 Service was by U.S. Mail. For service inperson orby expedited courier, use the following address: Federal Aviation Administration, 600 Independence Avenue, S.W., Wilbur Wright Building-Suite 2W1000, Washington, DC 20591; Attention: HearingDocket Clerk, AGC-430. Page 4 of3