SERVED DECEMBER 29, 2011 

U.S. DEPARTMENT OF TRANSPORTATION/p;;!f.^f!jOp;[/^TlCsN 

OFFICE OF HEARINGS -v^KiiT GPERAllONS 

WASHINGTON, DC ^r 

..i, Qtc 30 P 12^ ^ 2-

IN THE MATTER OF: ) 

) DOCKET NO. FAA-2011-1116 

IVY ENTERPRISES, INC., ) 

) CaseNo. 2010SO700376 

Respondent ) 

) 

ORDER SETTING RULE 16 LITIGATION SCHEDULING CONFERENCE, AND 

DIRECTING RULE 26(f) PLANNING AND SUBMISSION 

1) Rule 16 Litigation Scheduling Conference: 

Pursuant to 14 C.F.R. §13.205(a)(l) and (7) and Civ.R. 16, the parties shall appear by telephone on Wednesday, February 29, 2012 at LOQpm 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 16(c). The Office of Hearings will initiate the Conference by telephone call, 

contacting each party at the party's telephone number of record. A party may provide an alteinate number by notifying the Office of Hearings at least 24 hours prior to the.Conference. 

2) Rule 26(0 Attorneys' Planning Meeting, and Submission of Proposed Discovery Plan: 

Pursuant to 14 C.F.R. §13.217 and Civ.R. 26(f),/?nor 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 a jointly written proposed scheduling/discovery plan, which must be 

completed and filed with the undersigned Judge on or before Wednesday, February 22, 2012 

(i.e., seven (7) calendar days before the Conference). In addition to filing the proposed scheduling/discovery plan by regular mail filing with the U.S. Department of Transportation's Docket 

Office, the parties shall file a working copy of the scheduling/discovery plan with the underPage 1 of2 
signed Judge at the Office of Hearings by fax, express carrier, or personal delivery. The certificate of service should reflect the manner of service. 

The Attorneys' Rule 26(0 planning meeting shall include a good iaith di.scussion 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 (including electronic discovery) and the place of venue for hearing. 

During this meeting, the panies shall discuss matters identified in 14 C.F.R. §13.217 and Rule 

26(f)(2) and (3) as part of developing their proposed scheduling/discovery plan. The pailies' 

planning meeting should also include discussion about the sequence and liming of follow-up discovery, including whether that discovery should be 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 scheduling/discovery plan should be mutually agreeable, with a view to 

achieving case resolution with a minimum of expense and delay. Any unresolved scheduling/discovery disputes should be clearly identified in 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'paily 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 paily shall first confer with opposing counsel about mutually agreeable alternate dates, 

and then contact C. Diane Mays at the Office of Hearings (202-366-2132) as soon as possible after receipt of this Order, with at least three (3) mutually-agreed, proposed alternate dates/times 

for the Judge's consideration. 

ive Law Judge 

Attachment: Service List 

Paiie 2 of 2 
FDMSNo. FAA-2011-ill6 

(Civil Penalty Action) 

SERVICE LIST 

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' 

ONE COPY 

Alexander G. Bateman, Jr., Respondent's Counsel 

Ruskin Moscou Faltischek P.C. 

1425 RXR Plaza 

East Tower, 15th Floor 

Uniondale. NY 11556-1425 

TEL: 516-663-6589 

FAX: 516-663-6789 

Jeanine C. Gotimer, Complainant's Counsel 

Office of the Regional Counsel 

Eastern Region 

Federal Aviation Administration 

i Aviation Plaza 

Jamaica, NY 11434 

TEL: 718-553-3272 

FAX: 718-995-5699 

The Honorable J.E. Sullivan, Administrative Law Judge. 

Office of Hearings, M-20 

U.S. Department of Transportation 

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 2W1000, Washington, 

DC 20591; Attention: Hearing Docket Clerk. AGC-430.