In The Matter Of: 

## SERVED: August 14, 2014
U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS WASHINGTON, DC

DocketNo. FAA-2014-0406 PROTHERAGEN, INC. ) ) ) ) ) ) D/B/A ALPA CHEMISTRY COMPANY Case No. 2013NE700150 Respondent

ORDER SETTINGRULE 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)(1) and (7) and Civ. R. 16, the parties shall appear by telephone on

### Tuesday, October7, 

### 2014, at 10:00 a.m. Eastern time for a Rule 16 Litigation Scheduling Conference. During this Conference the parties will discuss the issues inthe dispute, theirjointly submitted proposed scheduling/discoveryplan (see paragraph 2 

### infra) and respond to any questions regarding disagreements not resolved inthe proposed plan. During the Conference a final scheduling/discovery plan will be ruled upon, as well as any otherrelated matters pursuantto Rule 16(c). The parties shall access the Conference by dialing 202-493-2343.
2) Parties' Rule 26(f) Planning Meeting and Submission ofProposed Discovery Plan: Pursuant to 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 ajointlywritten proposed scheduling/ discovery plan, which must be completed and filed with the undersigned Judge on or before 

### Tuesday, September·30, 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 onthe proposed discovery plan.The parties' Rule 26(f) planning meeting shall include a good faith discussion aboutthe nature and basis ofeach party'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, the parties shall discuss matters identified in 14 C.F.R. § 13.217 and Rule 26(f)(2) and (3) as part ofdeveloping theirproposed scheduling/discovery plan. The parties'.planningmeeting 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 in the 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 in the proposed plan, so that these disputes may be addressed bythe Judge during the Rule 16 Litigation Scheduling Conference. In additionto filing the proposed scheduling/discovery plan by regular mail filing with the Federal Aviation Administration Hearing Docket Clerk, the parties shall file a working copy of the scheduling/discovery planwith the undersigned Judge atthe Office ofHearings by fax, express carrier, orpersonaldelivery. The certificate ofservice should reflect the manner of service.
3) Conflicts with Rule 16 Litigation Scheduling Conference Date: Ifaparty has an unavoidable conflict with the Scheduled Rule 16 Litigation Scheduling Conference set in paragraph 1

### supra, and wishes to modifythe date/time ofthe scheduled Conference, the party shall first conferwith 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 ofthis Order, with atleastthree (3) mutually-agreed, proposed alternate dates/times forthe Judge's consideration.

Attachment: Service List

Page 2 of2DocketNo. FAA-2014-0406 (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, AGG-430 Wilbur Wright Building-Suite 2W10001

Mr. R. Bennett Sargent Complainant's Counsel Office ofthe ChiefCounsel Federal Aviation Administration 12 New England Executive Park Burlington, MA 01803 TEL: 781-238-7058 FAX: 781-238-7055 Ms. LindaThompson ONE COPY

Protheragen, Inc. d/b/aAlfa Chemistry, Respondent 1360 Stony Brook Road Stony Brook, NY 11790 TEL: ·201-478-8534 FAX: 516-927-0118

Judge J.E. Sullivan U.S. Administrative LawJudge Office ofHearings, M-20 U.S. Department ofTransportation 1200 New Jersey Avenue, S.E. (E11-310) Washington, DC 20590 TEL: 202-366-6941 FAX: 202-366-7536

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 2Wl000, Washington, DC 20591; Attention: Hearing Docket Clerk, AGC-430.