In The Matter Of: 

## SERVED: APRIL**16~** 

## 2014
U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS WASIDNGTON, DC

Docket No. PAA-2013-0855 DAVID ALLEN DRAVES ) ) ) ) ) Case No. 2012-GL-25-0058 Respondent

ORDER SETTING RULE 16 LITIGATION SCHEDULING CONFERENCE AND DIRECTING RULE 26(t) PLANNING AND SUBMISSION
1) Rule 16 Litigation Scheduling Conference: Pursuant to 14 C.P.R.§ 13.205(a)(1) and (7) and Civ. R. 16, the parties shall appear by telephone on

### Thursday,June 19,2014, 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, theirjointly 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 otherrelated matters pursuant to 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),prior to convening withthe 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, whichmust be completed and filed with the undersigned Judge on or before 

### Thursday,June 12, 2014 (i.e.

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 ing'ood faith to agree on the proposed discovery plan. The parties' Rule 26(f) planning meeting shall include a good faith discussion about the nature and basis ofeachparty's claims, the possibility ofresolving all or part ofthe case, thescope 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(t)(2) and (3) as part ofdeveloping their proposed scheduling/discovery plan. The parties' planning meeting should also include discussion about the sequence and timing offollow-up discovery, including whetherthat discovery should be conducted inphases to prepare for any filing ofparticular motions (e.g., limiting scope oftrial, dispositive motions, etc). The deadlines in the parties' proposed scheduling/discovery plan shouldbe mutually agreeable, with a viewto achieving case resolution with a minimum ofexpense and delay. Any unresolved scheduling/discovery disputes should be clearly identified inthe proposed plan, so that these disputes may be addressed by the Judge during the Rule 16 Litigation Scheduling Conference. In additionto filing the proposed scheduling/discovery planbyregular mail filing withthe Federal Aviation Administration Hearing Docket Clerk, 

### the parties shalltlle a working copy of the scheduling/discovery planwith the undersigned Judge at the Office ofHearings by fax, express carrier, orpersonal delivery. The certificate ofservice shouldreflect the manner of service.
3) Conflicts withRule 16 Litigation Scheduling Conference Date: Ifa party has anunavoidable conflict with the Scheduled Rule 16 Litigation Scheduling Conference set inparagraph 1

### supra, and wishes to modify the 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 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 2 of2Federal AviationAdministration 800 Independence Avenue, S.W. Washington, DC 20591 FDMS No. FAA-2013-0855 (Civil Penalty Action) 

### SERVICE LIST- BY U.S. 

### MAIL ORIGINAL & ONE COPY

Attention: Hearing Docket Clerk, AGC-430 Wilbur Wright Building-Suite 2W1000 1

Ms. Kate Barber 

### Complainant's Counsel Office ofRegional Counsel Great Lakes Region, AGL-7 Federal Aviation Administration 2300 East Devon Avenue Des Plaines, IL 60018 TEL: 847-294-7862 FAX: 847-294-7498
Mr. David A. Draves 

### Respondent 1878 Tallmadge Road Kent, OH 44240 TEL: NOT PROVIDED FAX: NOT PROVIDED

Judge J.E. Sullivan 

### US. Administrative LawJudge Office ofHearings, M-20 U.S. Department ofTransportation 1200 NewJersey Avenue, S.E. (E11-310) Washington, DC 20590 TEL: 202-366-6941 FAX: 202-366-7536 ONE COPY

Mr. David A. Draves 

### Respondent 1780 Foust Road Xenia, OH 45385 TEL: NOT PROVIDED FAX: NOT PROVIDED

1 Service was byU.S. Mail. For service in person or by expedited courier, use the following address: FederalAviation Administration, 600 Independence Avenue, S.W., Wilbur Wright Building-Suite2Wl000, Washington, DC 20591; Attention: Hearing DocketClerk, AGC-430.