InThe Matter Of: 

## SERVED: October 22,2013
U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS WASHINGTON, DC

Docket No. FAA-2013-0716 TYLER PENNYWITT ) ) ) ) ) ' Case No. 2012S0150128 Respondent

ORDER SETTING RULE 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)(l) and (7) and Civ. R. 16, the parties shall appearby telephone on

### Thursday,December 12,2013, 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 submittedproposed scheduling/discovery plan (see paragraph 2 infra) and respond to any questions regarding disagreements notresolved inthe proposed plan. During the Conference a final scheduling/discoveryplan will be ruled upon, as well as any otherrelated matters pursuant to Rule 16(c). The Office ofHearings will contact the parties with the conference call number and passcode prior to the Conference.
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 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, which must be completed and filed with the undersigned Judge on orbefore 

### Thursday, December 5, 

### 2013 (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(±) planning meeting shall include a good faith discussion aboutthe nature and basis ofeach party's claims, the possibility ofresolving all orpart ofthe case, thescope andtype ofdiscovery (including electronic discovery) andthe 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 partofdeveloping their proposed scheduling/discovery plan. The parties' planning meeting should also include discussion about the sequence and timing offollow-up discovery, including whether that discovery should be conducted inphases to prepare for any filing ofparticular motions (e.g., limiting scope oftrial, dispositive motions, etc). The deadlines inthe parties' proposed scheduling/discovery plan should be mutually agreeable, with a view to achieving case resolution with a minimum ofexpense and delay. Anyunresolved scheduling/discovery disputes should be cleatly identified in the proposedplan, so that these disputes maybe addressed bythe Judge during the Rule 

### 16 Litigation Scheduling Conference. In addition to filing the proposed scheduling/discovery plan by regular mail filing withthe Federal Aviation Administration Hearing Docket Clerk, 

### the parties shallfile a working copy of the scheduling/discovery planwith the undersigned Judge atthe Office ofHearings by fax, express carrier, orpersonal delivery. The certificate ofservice should reflect the manner of serv1ce.
3) Conflicts with Rule 

### 16 Litigation Scheduling Conference Date: Ifa party has an unavoidable conflict with the Scheduled Rule 

### 16 Litigation Scheduling Conference set in paragraph 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 at the 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 con · eration.·

Attachment: Service List

Page 2 of2FDMS No. FAA-2013-0716 (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 1

Mr. Christopher R. Stevenson 

### Complainant's Counsel Office ofthe Regional Counsel, AS0-7 Southern Region Federal Aviation Administration P.O. Box 20636 Atlanta, GA 30320 TEL: 404-305-5200 FAX: 404-305-5223
Mr. Mitchell A. Stone 

### Respondent's Counsel Stone-Lockett Marsh Landing Business Park 1540 The Greens Way Jacksonville Beach, FL 32250 TEL: 904-858-9818 FAX: 904-858-9819 Judge J.E. Sullivan 

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

Mr. Tyler Pennywitt 

### Respondent 4483 Hanover ParkDrive Jacksonville, FL 32224

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.