SERVED: MARCH 2, 2012 : 

• ' ^.KPARTMENT CF 

U.S. DEPARTMENTOF TRANSPORTATIONiANSrORlATlOM 

OFFICE OF HEAR^^GS :X M OPLRAIIONS 

WASHINGTON, DC 

^01; W^R -S P \- UU 

IN TUB MATTER OF: ) 

) DOCKE r NO. FAA-2011 -1125 

ELITE AIR, INC., ) 

) Case No. 20I0SO150236 

Respondent ) 

ORDER 

SETTING LITIGATION DATES AND PROCEDURES 

OnJanuary 4, 2012 an Order Setting Rule 16 Litigation Scheduling Conference, 

and Directing Rule 26(f) Planning and Submission was filed. On February 22, 2012 the 

parties filed a Draft Joint Section 13.217/Rule 26(0 Report. 

On Thursday, March 1, 2012, the parties appeared by telephone for a Litigation 

Scheduling Conference, and discussed litigation deadlines, procedural issues, and their 

calendar availability. Pursuant to 14C.F.R. §l3.205(a)(l), (6) and (7), Civ. R. 16, and 14 

C.F.R. §13.220(k)(I): 

It is Hereby Ordered: 

A. The litigation dates and hearing dates are hereby set as follows: 

1. March 5, 2012: Initial discovery disclosures deadline. 

2. March 12, 2012: Initial discovery requests deadline. The last date for the parties 

to serve each otherwith initial discover)' requests pursuant to Civ. R 26(a)(1). 

3. Pursuant to 14 C.F.R. §13.220(k)(l), a party shall not serve more than thirty (30) 

interrogatories to each other, and each subpart of an inten-ogatory shall be counted 

as a separate interrogator)'. 

4. April 13, 2012: Deadline for responses to initial discovery requests. 

5. April 24, 2012: Deadline for follow-up discovery requests. 

6. May 31, 2012: Deadline for responses to follow-up discovery requests. This 

includes completion of all supplemental discovery, including but not limited to 

the taking of all depositions, and the exchange of any/all documentation after the 

conclusion of depositions. 
7. June 8, 2012: Deadline for filing any/al] pre-hearing motions, including 

Dispositive Motions and/or Summary Judgment Motions. 

a) June 29, 2012: Answer due date; 

b) July 13, 2012: Reply due date (if any); 

c) July 25, 2012: lOiOOam - 1 liOOam EST Telephone Conference for Oral 

Argument on Dispositive Molion(s); 

d) August 1, 2012: Written decision due date. 

8. August 22, 2012: List of Witnesses and Exchange of Exhibits due date. The last 

date for each party to serve and file the following: 

a) A list of the witnesses the party intends to call; 

b) A short statement of the testimony expected from each such witness; 

c) The resume of each witness who will be offered as an expert; and 

d) The documents the party intends to offer in evidence (pre-marked as noted in 

paragraph E, infra). 

9. Tuesday, August 28, 2012 - Wednesday, August 29, 2012; Flearing dates. 

The Hearing will begin on August 28, 2012 (9:00am - 4:30 pm) in the Tampa, 

Florida metropolitan area. The location of the Hearing will be provided to the 

parties prior to the Hearing. The Hearing will continue and finish on August 29, 

2012 (9:00am-4:30pm). 

B. Requests for modification of the litigation dates set forth in paragraph A 

may be made by written Motion. Before filing such a Motion, however, the party seeking 

the modification shall contact the opposing party and seek to arrive at mutually 

convenient alternative datc(s). A report on the result of this discussion shall be included 

by the movant in the Motion. 

C. Discovery requests or documents complying with discovery requests need 

not be filed in this case with the Office of Hearings, except as part of a motion regarding 

disputed discovery, or as part of a motion to compel discovery. 

D. Any Motions regarding discovery, including a Motion to Compel 

Discovery, must be filed within ten (10) calendar days after receipt of a deficient 

response or after the response to the discovery is due, whichever occurs first. Motions to 

Compel and other discovery motions must be accompanied by the discovery requests and 

responses, and a declaration by the moving party, pursuant to Civ. R. 37(a)(1), that the 

movant has conferred or attempted to confer in good faith with the party alleged to have 

failed to make discovery or disclosure. The Civ. R. 37(a)(1) declaration shall specifically 

indicate the efforts made by the movant to resolve the dispute and identify which 

discovery matters remain in dispute. Statements in opposition to discovery motions must 

be filed within ten (10) calendar days after receipt of the motion. The failure to timely 

file objections to discovery may result in the objections being deemed waived. Belated 

service of burdensome discovery requests may also be grounds for denial of a motion to 

compel compliance with such requests. 
E. Each party must bring to the hearing at least three copies of any 

documents it intends to offer in evidence as exhibits (one for the Judge and two for the 

official reporter). The exhibits should be pre-marked. Complainant's exhibits should be 

marked "FAA-1," "FAA-2," "FAA-3," etc. Respondent's exhibits should be marked "Rl,"R-2,""R-3,"etc. 

F. At the hearing, there will be the opportunity for direct examination, crossexamination, redirect examination and re-cross-examination of each witness. Only one 

representative of a party may cross-examine a witness on behalf of that party. Pursuant to 

49 C.F.R. §386.56, the Federal Rules of Evidence will be followed. 

G. Prior to the hearing dates, if a party wishes to schedule oral argument on 

any motion, or set up any type of telephone conference on the Judge's calendar, the party 

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, 

with at least three (3) mutually-agreed, proposed alternate dates/times for the Judge's 

consideration. The movant shall be responsible for contacting the Office of Hearings. 

H. For clarifications of this order or questions with regard to the procedures 

to be followed in this proceeding, please contact the Office of Hearings and ask for 

Attorney Priya Krishna at (202) 366-6941 or Legal Assistant C. Diane Mays at (202) 

366-2132. 

tive Law Judge 

Attachment: Service List 
FDMSNO. FAA-2011-1125 

(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 

B. Gray Gibbs, President 

Elite Air, Inc., Respondent 

100 Second Avenue South 

Suite lOI-S 

St. Petersburg, FL 33701 

TEL: 727-896-5880 

FAX: 727-892-9902 

Ryan M. Landers, Comphinanf 's Counsel 

Office of the Regional Counsel, AEA-7 

Southern Region 

Federal Aviation Administration 

P.O. Box 20636 

Atlanta, GA 30320 

TEL: 404-305-5200 

FAX: 404-305-5223 

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 

' Sen'ice was by U.S. Mail. For service in person or by e.\pediled courier, use Uic following address: Federal 

Aviation Adininistration. 600 Independence Avenue, S.W., Wilbur Wright Building—Suite 2W1000. Washington. 

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