·( 

SERVED: March 14, 2014 

. U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, DC 

fit· ' . ~) 

In The Matter Of: 

LINCOLN PARK AVIATION 

Respondent 

) 

) 

) 

) 

) 

.. :, 

Docket No. F AA-2013-0719 

Case No. 201!EA250037 

CORRECTED ORDER SETTING LITIGATION DATES AND PROCEDURES 

On January 2, 2014, an Order Setting Rule 16 Litigation Scheduling Conference and 

Directing Rule 26(f) Planning and Submission was filed. 

On February 10, 2014, the parties filed a Joint Proposed Procedural Schedule. 

On February 25, 2014, the parties appeared by telephone for a Rule 16 Litigation 

Scheduling Conference, and discussed their calendar availability, hearing dates, and other 

litigation procedural matters. 

Pursuant to 14 C.F.R. §13.205(a)(1), (6) and (7), Civ. R. 16, 14 C.F.R. §13.217, and 14 

C.F.R. §13.220, and after reviewing all relevant caselaw, regulation, statutory authority, and 

being fully advised; 

IT IS HEREBY ORDERED: 

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

1. March 11, 2014: Deadline for Initial Disclosures. To ensure that the parties have 

sufficient time to address all issues in dispute, on or before March 11, 2014 the parties 

shall serve each other with initial disclosures (as described in Civ. R. 26(a)(1)(A)(i), (ii), 

and (iii)) without waiting for a specific discovery request. 

2. On or before March 11,2014: General Discovery Initiated. Pursuant to 14 C.F.R. 

§ 13 .220( a), the parties may immediately begin conducting general discovery. In order to 

ensure full use of the discovery time allotted in this case, the parties shall begin 

exchanging or serving general discovery requests on or before March 11, 2014, pursuant 

to 14 C.F .R. § 13.220 (b), (c), (d) and (e). General discovery includes, but is not limited 

to: notices of deposition; requests for production of documents; propounding 

interrogatories; requests for admission; etc. 

!--:; ' . ·.-;. ~..,_ , ... l r··\ ,... . .. .,__.; 

Page 1 of4 
3. Service of Interrogatories. Pursuant to 14 C.F.R. §13.220(k)(1), a party shall not serve 

more than thirty (30) interrogatories upon each other. Each subpart of an interrogatory 

shall be counted as a separate interrogatory. 

a. Objection(s) to Interrogatories. Pursuant to 14 C.F.R. § 13.220(k), any objection 

in response to an interrogatory must include the reason(s) supporting the 

objection. 

4. Motions to Limit Discovery upon Receipt of Discovery Request: A party served with a 

discovery request who seeks to limit discovery pursuant to 14 C.F.R. § 13.220(f), (g), and 

(h), shall file a Motion for Relief within fifteen (15) days after service of the disputed 

discovery request. 

a. Copy of Disputed Discovery: Pursuant to 14 C.F .R. § 13 .220(b ), only a copy of 

the disputed discovery, in support of the motion, should be attached to the Motion 

or the Response. 

b. The Motion should include a declaration by the moving party, confirming that the 

movant has already conferred or attempted to confer in good faith with the 

opposing party regarding the disputed discovery or disclosure, to try and resolve 

the matter informally, prior to seeking court relief. 

c. Response to Motion to Limit Discovery. Any Response to the Motion should be 

filed no later than ten (1 0) days after service of the Motion. 

5. May 2, 2014: Retained/Hired or Employee Expert Witness Disclosures. If a party 

· retains or hires a witness to provide expert testimony, or a party intends to utilize the 

testimony of an employee whose duties regularly involve giving expert testimony - then 

the party intending to offer such witness shall disclose this retained or employee expert 

witness to the opposing side on or before May 2, 2014. This expert witness disclosure 

shall include the name of the witness, the witness's resume or qualifications, and the 

witness's written report or statement of opinion (including disclosure of the basis of that 

opinion). 

a. Any and all other expert witnesses who either party intends to call at the hearing 

shall be disclosed in the initial discovery exchange, and in response to general 

discovery requests. 

6. Motions to Compel Discovery: A party seeking to compel discovery must file a Motion 

to Compel within fifteen (15) days after service of a deficient response or after the 

response to the discovery is due, whichever occurs first. 

a. Procedure for Motion: Any Motion and/or Response to Compel Discovery shall 

be filed in the same manner as directed above for Motions to Limit Discovery 

(paragraph 4 and 4 (a)-( c)). 

Page 2 of 5 
7. June 6, 2014: Deadline for Completing General Discovery. On or before June 6, 2014, 

the parties shall finish responding and serving answers to all general discovery requests 

pursuant to 14 C.F.R. §13.220. This includes the taking of depositions, pursuant to 14 

C.F.R. §13.2200). 

8. Duty to Supplement or Amend Discovery: Pursuant to 14 C.F .R. § 13 .220(i), a party 

who has responded to a discovery request in this case has a duty to supplement or amend 

the response throughout the litigation period, as soon as the information is known. 

9. June 27,2014: Deadlines for Filing Dispositive Motion(s). The last date for both 

parties to file any/all pre-hearing dispositive motions, including Default Motions and/or 

Summary Judgment Motions. 

a) July 15, 2014: Deadline for filing Answer to Dispositive Motion(s); 

b) July 30,2014: Deadline for filing Reply (if any). 

10. Telephone Conference: August12, 2014 (1:30 p.m.-3:00p.m. ET). On August 12, 

2014 (1:30pm-3:00pm), the parties shall convene by telephone for oral argument on any 

filed dispositive motions. N.B. If the parties do not file dispositive motions, then this 

Telephone Conference will be automatically converted and held as a Pre-Hearing Status 

Conference. 

11. September 19,2014: List of Witnesses/Exchange of Exhibits. On or before 

September 19, 2014, the parties will 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; 

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

paragraph E, infra); and 

e) An index cover sheet with a brief description of each document. 

12. October 10,2014: Written Stipulations and/or Agreed Motions in Limine. On or 

before October 10, 2014, the parties shall file any written stipulations that narrow the 

factual or legal issues, and/or that are agreed Motions in Limine. 

13. November 4, 2014- November 5, 2014: Hearing Dates. 

Based on the parties' agreement, the Hearing will take two (2) days or less. The Hearing 

will begin on Tuesday, November 4, 2014 (9:00a.m-5:00p.m. ET) in Central Islip, 

New York. The Hearing will end on Wednesday, November 5, 2014 (9:00 a.m.-5:00 

p.m. EST). The specific location of the Hearing will be provided to the parties prior to 

the Hearing. 

B. Discovery Requests and Exchanges: 

Discovery requests and exchanges need not be filed with the Office of Hearings, except 

as part of a motion regarding limited discovery, disputed discovery, or as part of a motion to 

compel discovery. 

Page 3 of 5 
C. Failure to Move for Timely Relief/Late Service of Discovery: 

The failure to timely respond to discovery requests, and/or to timely move for relief 

regarding discovery disputes during the discovery period, may result in a finding that the 

party has, through its actions, waived its right to relief. Late service of discovery requests 

· may also be grounds for denial of a motion to compel compliance with such requests. 

D. Scheduling Motion or Pre-Hearing Conferences on the Judge's Calendar: 

Prior to the Hearing date(s), if a party wishes to schedule oral argument on any motion, or 

set up any type of pre-hearing telephone conference on the Judge's calendar, the party shall 

first confer with opposing counsel about mutually agreeable alternate dates. The movant shall 

next contact Mr. Cody L. Smith, Attorney-Advisor, at the Office of Hearings (202-366-6941) 

as soon as possible, with at least three (3) mutually-agreed, proposed alternate dates/times for 

the Judge's consideration. 

E. Exhibits Brought to the Hearing: 

Each party must bring to the Hearing at least three copies of any documents it intends to 

offer in evidence as exhibits (two for the Judge and one. for the court reporter). The exhibits 

must have an index cover sheet, and should be pre-marked. Complainant's exhibits 

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

R-2," "R-3," etc. · 

F. Examination Process at the Hearing: 

At the Hearing, there will be the opportunity for direct examination, cross-examination, 

and redirect examination of each witness. Only one representative of a party may direct or 

cross-examine a witness on behalf ofthat party. Pursuant to 14 C.F.R. § 13.205 and 14 C.F.R. 

§"13.222, the Federal Rules of Evidence will be utilized as a guideline in determining the 

admission of all evidence. 

G. Attorney Withdrawal: Pursuant to 14 C.P.R. §13.218, an attorney who wishes to 

withdraw from representing a party must file a Motion to Withdraw. In this Motion, the 

attorney shall confirm the following: 

a. The date the Respondent was served with written notice of the attorney's intent to 

withdraw; · 

b. The name of the designated agent/lay representative if the Respondent in the action is 

a business entity; 

c. The current business address, telephone number, and fax number of the Respondent 

and of its designated agent; 

d. A statement that the Respondent has been notified in writing of the pending hearing 

dates in this litigation, as well as the pending pre-hearing discovery deadlines and 

telephone conferences; and 

e. A statement that the Respondent has been provided a copy of all Orders issued in this 

litigation, as well as any other legal documents to which the Respondent is entitled. 

Page 4 of 5 
H. Court Filing of Exhibits with the Hearing Docket: 

When the court issues its initial decision, it will also file a complete copy of all Exhibits 

that the parties moved for admission during the Hearing. 

I. Requests for Modification of this Order: 

Any requests for modification of the litigation dates and procedures set forth in this Order 

should be made by written Motion. The parties may also file an agreed written request. 

J. Clarification or Questions: 

For clarifications of this order or questions with regard to the procedures to be followed 

in this case, please contact Mr. Cody L. Smith, Attorney-Advisor, at the Office of Hearings 

(202-366-6941 ). 

Attachment: Service List 

Page 5 of 5 
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 2W10001 

Mr. Zachery M. Berman 

Complainant's Counsel 

Office of the Regional Counsel 

Eastern Region 

Federal Aviation Administration 

1 Aviation Plaza 

Jamaica, NY 11434 

TEL: 718:.553-3258 

FPC(: 718-995-5699 

Mr. Frank R. Galella, III 

Respondent's Representative 

Lincoln Park Aviation, Respondent 

425 Beaverbrook Road 

Lincoln Park, NJ 07035 

TEL: . 973-633-0450 

FAX: 973-872-6256 

Judge J.E. Sullivan 

U.S. Administrative Law Judge 

Office ofHearings, M-20 

U.S. Department of Transportation 

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

Washington, DC 20590 

TEL: 202-366-6941 

FPC(: 202-366-7536 

ONE COPY 

FDMS No. FAA-2013-0719 

(Civil Penalty Action) 

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 2WIOOO, Washington, 

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