SERVED APRIL 6, 2012 

U.S. DEPARTMENTOF TRANSPORTATION, i!-'iA^^3PC:rlIA '"' 

OFFICE OF HEARINGS 

WASHINGTON, DC 

•CCKETOPERAJIONS 

mi APR-b P 2:21 

In The Matter Of: ) 

) Docket No. FAA-2011-1116 

IVY ENTERPRISES, INC., ) 

) CaseNo.2010SO700376 

Respondent ) 

ORDER 

SETTING LITIGATION DATES AND PROCEDURES 

On Thursday, April 5, 2012, the parties appeared by telephone for a Litigation 

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

litigation procedural matters. Pursuant to i4C.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 and hearing dates are hereby set as follows: 

1. June 15, 2012: Initial Discovery exchange deadline. The last date for the parties 

to serve each other with initial discovery requests. 

2. Pursuant to 14 C.F.R. §13.220{k)(l), a party shall not serve more than thirty (30) 

interrogatories to each other, and each subpart of an interrogatory shall be counted 

as a separate interrogatory. 

3. July 16, 2012: Deadline for Responses to Initial Discovery requests. The due 

date for the parties to respond to initial discovery requests. 14 C.F.R. § 13.220(d). 

4. Pursuant to 14 C.F.R. § 13.220(h), requests for supplemental discovery shall be 

served within ten (10) days of the parties' receipt of responses to its initial 

discovery requests. 

5. August 27, 2012: Deadline to complete exchange of all supplemental discovery, 

including but not limited to the taking of all depositions, and the exchange of 

any/al I documentation after the conclusion of depositions. 
6. September 26, 2012: List of Witnesses Exchange of Exhibits due date. The last 

date for each party to serve and tile 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; and 

d) The documents the party intends to offer in evidence (pre-markcd as noted in 

paragraph E, infra). 

1. October 11, 2012: Deadline for any/all pre-hearing motions, including 

Dispositive Motions and/or Summary Judgment Motions. 

a) October 22, 2012: Answer due date; 

b) October 30, 2012: Reply due date. 

8. November 7, 2012: 10:00am - 11:00am EST. Telephone Conference for Oral 

Argument on Dispositive Motions. If no dispositive motions are filed, this 

Conference will be converted to a Pre-Hcaring Status Conference. 

9. Venue: The parties' agreement that venue for the hearing is New York City or 

Long Island, NY is confirmed. 

10. Wednesday, December 5, 2012 - Thursday, December 6, 2012: llearing dates. 

The Hearing will begin on Wednesday, December 5, 2012 (9:30am-5:00 

pm) in the area of New York City or Long Island, NY. The specific location of 

the Hearing will be provided to the parties prior to the Hearing. The Hearing will 

continue and finish on Thursday, December 6, 2012 (9:30am-5:00pm). 

B. Requests for modification of the litigation dates set forth in paragraph A 

may be made by written Motion. Before filing such a Motion, however, the party seeking 

the modification shall contact the opposing party and seek to arrive at mutually 

convenient alternative date(s). A report on the result of this discussion shall be included 

by the movant in the Motion. 

C. Discovery requests or documents complying with discovery requests need 

not be filed in this case with the Office of Hearings, except as part of a motion regarding 

disputed discovery, or as part of a motion to compel discovery. 

D. Any Motions regarding discovery, including a Motion to Compel 

Discovery, must be filed within ten (10) calendar days after service of a deficient 

response or after the response to the discovery is due, whichever occurs first. Motions to 

Compel and other discovery motions must be accompanied by the discovery requests and 

responses, and a declaration by the moving party, pursuant to Civ. R. 37(a)(]), that the 

movant has conferred or attempted to confer in good faith with the party alleged to have 

failed to make discovery or disclosure. 
The Civ. R. 37(a)(1) declaration shall specifically indicate the efforts made by the 

movant to resolve the dispute and identify which discovery matters remain in dispute. 

Statements in opposition to discovery motions must be filed within fen (10) calendar 

days after service of the motion. The failure to timely file objections to discovery may 

result in the objections being deemed waived. Belated service of burdensome discovery 

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

requests. 

E. Each party must bring to the hearing at least three copies of any 

documents it intends to offer in evidence as exhibits (one for the Judge and two for the 

official reporter). The exhibits should be pre-marked. Complainant's exhibits should be 

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

"R-3,"etc. 

F. At the hearing, there will be the opportunity for direct examination, crossexamination, redirect examination and re-cross-examination of each witness. Only one 

representative of a party may cross-examine a witness on behalf of that party. Pursuant to 

14 C.F.R. §13.205 andl4 C.F.R. §13.222, the Federal Rules of Evidence will be utilized 

as a guideline in determining the admission of all evidence. 

G. Prior to the hearing dates, if a party wishes to schedule oral argument on 

any motion, or set up any type of telephone conference on the Judge's calendar, the party 

shall first confer with opposing counsel about mutually agreeable alternate dates, and 

then contact C. Diane Mays at the Office of Hearings (202-366-2132) as .soon as possible, 

with at least tliree (3) mutually-agreed, proposed alternate dates/times for the Judge's 

consideration. The movant shall be responsible for contacting the Office of Hearings. 

H. Other: Prior to the hearing date, the FAA shall file documentation to 

show proof of service of the Notice of Complaint. 

1.- For clarifications of this order or questions with regard to the procedures 

to be followed in this case, please contact Legal Assistant C. Diane Mays at (202) 366-

2132 at the Office of Hearings. 

an 

ive Law Judge 

Attachment: Service List 
FDMS No. FAA-2011 

(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' 

ONE COPY 

Alexander G. Batenian, Jr., Respondent's Counsel 

Ruskin Moscou Faltischek P.C. 

1425 RXR Plaza 

East Tower, 15th Floor 

Uniondale,NY 11556-1425 

TEL: 516-663-6589 

FAX: 516-663-6789 

Jeanine C. Gotimer, Complainant's Counsel 

Office of the Regional Counsel 

Eastern Region 

Federal Aviation Administration 

1 Aviation Plaza 

Jamaica, NY 11434 

TEL: 718-553-3272 

FAX: 718-995-5699 

The Honorable J.E. Sullivan, Administrative Law Judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

1200 New Jersey Avenue, S.E. 

Washington, DC 20590 

TEL: 202-366-2132 

FAX: 202-366-7536 

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 2W1000, Washington, 

DC 20591; Attention; Hearing Docket Clerk, AGC^30.