02/27/2013 13:53 FAX 2024835142 

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:1.930 Huguenot Road 

PO Box 35655 

Richmond, VA 23235 

(804) 320-9100 

CowanGates.com 

.. 

4 • 

Federal Aviation Administration 

ATTN: Hearing Docket· Clerk 

800 Independence Avenue, S.W. 

Room 924A 

Washington, DC 20591 

'. ' 

FAA 

February 4, 2013 

-t OMS 

1},\ VID H. GATES 

(1104) J%0-9100 

(KU4) JJ0-3140 

(804) !i 12·69115 nwhile. 

llGA. TES@COW 1\NGATt:S,('UM 

2463-033 

Re: Federal Aviation Administration v. Central Virginia Aviation, Inc. 

Docket No. 2012EA210031 

Dea.r Sir or Madam: 

Please consider this I etter Central Virginia Aviation, lnc.' s request lbr a hroaring in the 

above-referenced matter. Our Finn has will be representing Mr. Harrop and Central Virginia 

Aviation, Inc. in the proceedings. 

~001/004 

There is already a hearing scheduled for December 3, 2013 in FAA v. Central Virginia 

Aviation, Inc. Docket No. 2012EA210024. The allegations jn this new matter arise from the same 

flight as those in Docket No. 2012EA210024. I would ask the hearing in the above-referenced 

matter also he set for hearing December 3, 2013. For your convenience, I have enclosed a copy of 

th~.; Scheduling Order in Docket No. 2012EA210024. 

Thank you for your assistance with this matter. Should youhavc any questions, please do 

not hesitate to contact me. 

cc: 7:achary M. Berman, Esq. 

Dennis F. Harrup, Ill 

CowAN-GATES 

In any case. 
02/27/2013 13:54 FAX 2024835142 FAA ~ OMS 

SERVED: January 23,2012 

U.S. DEPARTMENT OP TRANSPORTATION 

OfFICE OF HEARINGS 

WASHINGTON, DC 

In "!'he Matter Of: 

CENTRAL VIRGINIA 

AVIATION. INC. 

Respondent 

) 

) 

) 

) 

) 

) 

Docket No, FAA-20 1 '2-1263 

Case No. 2012EA210024 

ORDER SETTING RULE 16 LITIGATION SCHRDULING CONFERENCE, AND 

DIRECTING RULE 26(t) PLANNING ANO SUBMISSION 

1) Rule 16 Litigation Scheduling Conference: 

Pursuant to 14 C.F.R. ~ 13.205(a)(J) and (7) and Civ. R. 16, the patties shall appear by 

telephone on Thursday, Apri14, 2013, at 1:30 p.m. Eastern time for a Rule 16 Litigation 

Scheduling Con!erencc .. During this Conference the parties wBl discuss the issue!:> in the dispute, 

their jointly submitted proposed scheduling/discovery plan (see paragraph 2 i11j;·a) and re:spon.d 

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

Conference a final scheduling/discovery plan will be mlcd upon. as well as any other related 

matters pursJ.Lantto Rute lG(c). The Oftice of Hearings will initiate the Conference by telephone 

calL contacting each party at the party's telephone number ofrecord. A party may provide an 

al termue number by notifying the Otfice of I Iearings at least 24 hours prit'>r to the Conference. 

2) Parties' Rule 26(t) Planning Meeting and. Submission oLProposed Discovery,.P..lan: 

Pursuantt() 14 C.F.R. ~ 13,217 and.Civ. R. 26(t),prior to convening with the Judge f()rthe 

Rule 16 Litigation Scheduling Conterence, the partjes shall privately C()nduct a Rule 26(f) 

planning meeth1g and pr_epare a jointly written proposed scheduling/ discovery plan. which must 

be completed and filed with the undersigned Judge on or befol'e Thursday, March 28, 2013 (i.e. 

seven (7) cah::mdar days before the Conference). 

The attorneys of record and all unrepresented parties are jointly rcspon8i hie for nrrai'I.ging the • I 

Rule 26(f) confenmce. and for attempting in good faith to agree on the proposed discovery plan. 

~ 002/004 
02/27/2013 13:54 FAX 2024835142 FAA -!- OMS 

The parties' Ruk 2C>(t) planning meeting shall induJc a good h1ith discussion about the 

nature and basis of each party's claims, the possibility or resolving all or part of the case, the 

scope and type of discovery (including electronic discovery) and the place or venue for hearing. 

During this meeting.. the parties shall discuss matters identitied in 14 C.F.R. ~ 13.217 and Rule 

26(t)(2) and (3) as part of developing their proposed scheduling/discovery plan. 

The pruties· planning meeting should alst) include disC\.ISsion about the sequence and timing 

of follow-up discovery, including whether that discovery should be conducted in phases to 

prepare for any filing ofpa11icular motions (e.g., limiting scope of triaL dispositive motions. etc). 

The deadlines in the pm1ies· proposed scheduling/discovery plan should be n-tutunlly agreeable, 

with a view to achieving c~tse resolution with a minimum of expen~e attd 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. 

~ 003/004 

In addition to i11ing the proposed scheduling/discovery plan by regular mail tiling with the 

Federal Aviation Administration llearing Doc"ct Clerk, the parties shall file. a workirtg copy of 

the scheduling/d.is~o"ery plan with the uudcr$igned .Judge at the Office of Hearings by fu, 

express carrier, or personal delivery. The certificate of servir.;c should retlect the manner of 

set·vice. 

3) Cont1icLs with Rule 16 Litigation Scheduling Conferen~e Date: 

If a party has an unavoidable conl1ict with the Scheduled Rule 16 Litigation Sch~duling 

Confen::nce set in paragraph l supru. and wishes to modify the date/tirnt: of the scheduled 

Conference, the party shall first confer with opposing counsel about mutually agreeable 

alternate dates, and then contact Mr. Cody L. Smith, Attorney-Advisor at the Office of 

Hearings (202~366~6941) as soon as possible after the receipt of this Order. with at least three 

(3) mutually-agreedl rnoposed alternate dates/time~ f()r the Judge,· · · nsideration. 

.. 

Attachment: Service List 

Page 2 of 3 
02/27/2013 13:54 FAX 2024835142 FAA 

SERVICE LIST -liY 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 2Wl000 1 

Mr. Zachary M. Berman, Esq. 

Complainant 's Counsel 

Office of the Regional COLmsel 

Eastem Region 

Federal Aviation Administration 

1 Aviation Plaza 

Jamaica, NY 11434 

TEL: 718-553-3258 

FAX: 718-995-5699 

Ms. Katherine G. Gray, Esq. 

Re.~1;ondenl ·.~· Coum-el 

CowanGates 

1930 Huguenot Rd 

P.O. Box 35655 

Richmond, VA 23235 

TEL: 804-320-9100 

FAX: 804-320-2900 

Judge J.'E. Sullivan 

US Adminislracive Law Judge 

Office of Hearings, M-20 

ONE COPY 

U.S. Department ofTransportation 

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

Washington, DC 20590 

TEL: 202-366-2132 

FAX: 202-366-7536 

~ OMS 1£1004/004 

FDMS No. f A.A-20 12-1263 

(Civil Penalty Action) 

1 Service was by U.S. Mail. Fo•· service in person or by expl'!<.litcd coUI·le1·, use the following address: Federal 

Aviation Administration, 600 Independence Avenue, S.W., Wilb~1r Wright BuildinG-Suite 2WIOOO, Washington, 

DC 20591; Auention: llearing DocketClcrk. AGC-430. 

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