SERVED NOVEMBER 22, 2011 

U.S. DEPARTMENTOF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, DC 

In the Matter of 

EMPIRE FLIGHT 

ACADEMY 

Respondent 

Docket No. CP10EA0004 

FDMS NO. FAA-2011-0290 

•••'---^tloP.EMOWS 

ORDER 

SETTING LITIGATION DATES AND PROCEDURES 

On Monday, November 21, 2011, the parties appeared by telephone for a 

Litigation Scheduling Conference. During that time, they discussed litigation issues and 

their calendar availability for hearing, for the purpose of narrowing the issues and setting 

the litigation deadlines and the hearing dates. 

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

1. January 31, 2012: Discovery cut-off date, and deadline for final exchange of 

any and all discovery, including supplemental discovery. 

2. February 15, 2012: Deadline for filing written Stipulations, which include 

stipulations about all undisputed facts and law. 

3. March 2,2012: Evidentiary Exchange due date. Deadline for each party to 

serve and file the following: 

a) A list of the names and addresses of each witness the party intends to call; 

b) A short statement of the testimony expected fi-om each such witness; 

c) The documents the party intends to offer in evidence (pre-marked as noted 

infra at paragraph G ); and 

d) The resume of each witness who will be offered as an expert. 

4. March 16, 2012: Deadline for filing Pre-Hearing Briefs. 

5. March 27,2012-March 29,2012: Hearing dates. 

The Hearing will begin on March 27, 2012 (9:00am-4:30 pm) in the New 

York City, New York metropolitan area. The location of the Hearing will be 

provided to the parties prior to the Hearing. The Hearing will finish on or before 

March 29, 2012 (9:00am-4:30pin). 

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

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

seeking the modificafion shall contact the opposing party and discuss the proposal, and 

try to reach an agreement on the matter, so long as it does not extend the time for hearing. 

A report on the result of this discussion must be included in any written Motion. 

C. A Motion to Compel Discovery may be made if a request for discovery is 

not complied with within 15 days after it is received. The parties are strongly encouraged 

to file discovery requests as promptly as possible, so that any motions for relief may be 

timely addressed. Belated service of burdensome discovery requests may be grounds for 

denial of a motion to compel compliance with such requests. 

D. 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 to Compel 

Discovery. 

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-1," 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 

49 C.F.R. §386.56, the Federal Rules of Evidence will be followed. 

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

to be followed in this proceeding, please contact the Office of Hearings and ask for 

Attorney Priya Krishna at (202) 366-6941 or Legal Assistant C. Diane Mays at (202) 

366-2132. 

Jii^ge J. E. Su^ivan 

U.S^ Administrative Law Judge 

Attachment: Service List 

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"15'• 

FDMS No. FAA-2011-0290 

(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 

Gregory S. Winton, Respondent's Counsel 

The Aviation Law Firm 

One Research Court, Suite 450 

Rockville, MD 20850 

TEL: 301-294-8550 

FAX: 301-294-2525 

Zachary M. Berman, Complainant's Counsel 

Office of the Regional Counsel, AEA-7 

Eastern Region 

Federal Aviation Administration 

1 Aviation PlazzL, Room 561 

Jamaica, NY 11434 

TEL: 718-553-3258 

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: Attorney-Advisor 202-366-6941. 

Legal Assistant 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. 

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