·( 

## SERVED: March 14, 2014

. U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS WASHINGTON, DC fit· '

.**~)** In The Matter Of: LINCOLN PARK AVIATION Respondent ) ) ) ) ) ..:,
DocketNo. FAA-2013-0719 CaseNo. 201!EA250037

CORRECTED ORDER SETTING LITIGATIONDATES AND PROCEDURES

OnJanuary 2, 2014, an Order Setting Rule 16 Litigation Scheduling Conference and Directing Rule 26(f) Planning and Submission was filed. OnFebruary 10, 2014, the parties filed a Joint Proposed Procedural Schedule. OnFebruary 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. Pursuantto 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 indispute, on orbefore March 11, 2014 the parties shall serve each other withinitial 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. Pursuantto 14 C.F.R. 

### §13.220(a), the parties may immediately begin conducting general discovery. In orderto ensure full use ofthe discovery time allotted inthis case, the parties shall begin exchanging or serving general discovery requests on orbefore March 11, 2014, pursuant to 14 C.F.R. 

### §13.220 (b), (c), (d) and(e). General discovery includes, butis not limited to: notices ofdeposition; requests for production ofdocuments; propounding interrogatories; requests for admission; etc. !--:; '

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Page 1 of43. Service ofInterrogatories. Pursuantto 14 C.F.R. §13.220(k)(1), a party shall not serve more than thirty (30) interrogatories upon each other. Each subpart ofan interrogatory shall be counted as a separate interrogatory.

a. Objection(s) to Interrogatories. Pursuant to 14 C.F.R. § 13.220(k), any objection inresponse to an interrogatory must include the reason(s) supporting the objection. 4. Motions to Limit Discovery upon Receipt ofDiscovery Request: A party servedwith a discovery request who seeks to limit discovery pursuantto 14 C.F.R. § 13.220(f), (g), and (h), shall file a Motion for Reliefwithin 

### fifteen (15) days after service ofthe disputed discovery request.

a. Copy ofDisputed Discovery: Pursuant to 14 C.F.R. §13.220(b ), only a copy of the disputed discovery, in support ofthe motion, should be attachedto the Motion orthe Response. b. The Motion should include a declaration by the moving party, confirming thatthe movant has already conferred or attempted to confer in good faith withthe opposingparty regarding the disputed discovery or disclosure, to try andresolve 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 (10) days after service ofthe Motion. 

### 5. May 2, 2014: Retained/Hired orEmployee ExpertWitness Disclosures. If

### a party
·retains orhires a witness to provide experttestimony, or a party intends to utilize the testimony ofan employee whose duties regularly involve giving experttestimony

- 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 ofthe witness, the witness's resume or qualifications, andthe witness's written report or statement ofopinion (including disclosure ofthe basis ofthat 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 inresponse 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 ofa 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 inthe same manner as directed above for Motions to Limit Discovery (paragraph 4 and 4 (a)-(c)).
Page 2 of 57. 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 ofdepositions, pursuant to 14 C.F.R. §13.2200). 8. Duty to Supplement orAmend 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 litigationperiod, 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 (ifany). 

### 10. Telephone Conference: August12, 2014 (1:30 p.m.-3:00p.m. ET). OnAugust 12, 2014 (1:30pm-3:00pm), the parties shall convene by telephone for oral argument on any filed dispositive motions. N.B. Ifthe 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 ofWitnesses/Exchange ofExhibits. On or before September 19, 2014, the parties will serve and file the following: a) A list ofthe witnesses the party intends to call; b) A short statement ofthe testimony expected from each such witness; c) The resume ofeach 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 briefdescription ofeach 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 narrowthe factual or legal issues, and/or that are agreed Motions in Limine. 

### 13. November4, 2014- November 5, 2014: Hearing Dates. Based onthe parties' agreement, the Hearing will take two (2) days orless. The Hearing will begin onTuesday, 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 ofthe Hearing will be provided to the parties priorto the Hearing.
B. Discovery Requests and Exchanges: Discovery requests and exchanges need not be filed with the Office ofHearings, except as part ofa motion regarding limited discovery, disputed discovery, or as part ofa motionto compel discovery. Page 3 of5C. Failure to Move for Timely Relief/Late Service ofDiscovery: 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 thatthe party has, through its actions, waived its right to relief. Late service ofdiscovery requests
· may also be grounds for denial ofa motionto compel compliance with suchrequests.

D. Scheduling Motion orPre-Hearing Conferences onthe Judge's Calendar: Prior to the Hearing date(s), ifa party wishes to schedule oral argument on any motion, or setup any type ofpre-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 contactMr. Cody L. Smith, Attorney-Advisor, atthe Office ofHearings (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 Broughtto the Hearing: Eachparty must bring to the Hearing at leastthree copies ofany documents itintends 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. ExaminationProcess atthe Hearing: Atthe Hearing, there will be the opportunity for direct examination, cross-examination, and redirect examination ofeach witness. Only one representative ofa party may direct or cross-examine a witness onbehalfofthatparty. Pursuant to 14 C.F.R. §13.205 and 14 C.F.R. §"13.222, the Federal Rules ofEvidence will be utilized as a guideline indetermining the admission ofall 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. Inthis Motion, the attorney shall confirm the following:

a. The date the Respondent was served with written notice ofthe attorney's intentto withdraw; · b. The name ofthe designated agent/lay representative ifthe Respondent inthe action is a business entity; c. The currentbusiness address, telephone number, and fax number ofthe Respondent and ofits designated agent; d. A statementthat the Respondent has been notified in writing ofthe pending hearing dates inthis litigation, as well as the pending pre-hearing discovery deadlines and telephone conferences; and e. A statementthatthe Respondent has beenprovided a copy ofall Orders issued inthis litigation, as well as any other legal documents to which the Respondent is entitled.

Page 4 of5H. CourtFiling ofExhibits with the Hearing Docket: Whenthe court issues its initial decision, it will also file a complete copy ofall Exhibits thatthe parties moved for admission during the Hearing. I. Requests for Modification ofthis Order: Any requests for modification ofthe litigation dates andprocedures set forth inthis Order shouldbe made by written Motion. The parties may also file an agreed writtenrequest. 

### J. Clarification or Questions: For clarifications ofthis 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 ofHearings (202-366-6941).

Attachment: Service List

Page 5 of5SERVICE 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 1



### Mr. Zachery M. Berman Complainant's Counsel 

### Office ofthe Regional Counsel Eastern Region Federal Aviation Administration 1Aviation Plaza Jamaica, NY 11434 TEL: 718:.553-3258 FPC(: 718-995-5699 Mr. Frank R. 

### Galella, III Respondent'sRepresentative 

### 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 LawJudge 

### Office ofHearings, M-20 U.S. Department ofTransportation 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 orby 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.