In The Matter Of: 

## SERVED: January 23, 2012
U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS WASHINGTON, DC ; i

) ) ) ) ) ) Docket No. PAA-2012-1263 CENTRAL VIRGINIA AVIATION, INC. Respondent Case No. 2012EA210024 ...,'l ,, Q. !• ') /. L**-~.** • I _;·

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### ORDER SETTING RULE 16 LITIGATION SCHEDULING CONFERENCE, AND DIRECTING RULE 26(f) 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 pmiies shall appearby telephone onThursday,April 4, 2013, at 1:30 p.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 infi·a) and respond to any questions regarding disagreements not resolved in the proposed plan. Duringthe Conference a final scheduling/discovery plan will be ruled upon. as well as any other related matters pursuantto Rule 16(c). The Oflice ofHearings will initiate the Conference by telephone call, contacting each party at the party's telephone number ofrecord. A party may provide an alternate numberby notifying the Office ofHearings at least 24 hours prior to the Conference.
2) Parties' Rule 26(±) Planning Meeting and Submission ofProposed Discovery Plan: Pursuant to 14 C.P.R. § 13.217 and Civ. R. 26(±),priorto convening withthe Judge for the Rule 16 Litigation Scheduling Conference, the parties shall privately conduct a Rule 26(±) planning meeting and prepare ajointly written proposed scheduling/ discovery plan, which must be completed and filed with the undersigned Judge on or before Thursday,March 28, 2013 (i.e.
seven (7) calendar days before the Conference). The attorneys ofrecord and all unrepresented parties arejointly responsible for arranging the Rule 26(f) conference, and for attempting in good faith to agree on the proposed discoveryplan.The parties' Rule 26(t) planning meeting shall include a good faith discussion aboutthe nature and basis ofeachparty's claims, the possibility ofresolving all orpart ofthe case, the scope and type ofdiscovery (including electronic discovery) and the place ofvenue for hearing. During this meeting, the parties shall discuss mattersidentified in 14 C.F.R. § 13.217 andRule 26(±)(2) and (3) as part ofdeveloping their proposed scheduling/discovery plan. The parties' planning meeting should also include discussion about the sequenceand timing offollow-up discovery, including whether that discovery should be conducted in phases to prepare for any filing ofpmiicularmotions (e.g., limiting scope oftrial, dispositive motions, etc). The deadlines inthe pmiies' proposed scheduling/discovery plan should be mutually agreeable, with a viewto achieving case resolution with a minimum ofexpense and delay. Any unresolved scheduling/discovery disputes should be cleatly identified in the proposedplan, so that these disputes may be addressed by the Judge during the Rule 16 Litigation Scheduling Conference. In addition to filing the proposed scheduling/discovery plan by regular mail filing with the Federal AviationAdministration Hearing Docket Clerk, the parties shall file a working copy of the scheduling/discovery plan with the undersigned Judge at the Office ofHearings by fax, express carrier, orpersonal delivery. The certificate ofservice should ret1ect the mmmer of servtce.
3) Cont1icts with Rule 16 Litigation Scheduling Conference Date: Ifa party has an unavoidable conflict with the Scheduled Rule 16 Litigation Scheduling· Conference set inparagraph 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 Ofticeof Hearings (202:..366-6941) as soon as possible after the receipt ofthis Order, with at least three (3) mutually-agreed, proposed alternate dates/times for the Judge'

Attachment: Service List

Page 2 of3SERVICE LIST- BY U.S. MAIL ORIGINAL & ONE COPY 

### Federal AviationAdministration 800 Independence Avenue, S.W. Washington, DC 20591 Attention: Hearing Docket Clerk, AGC-430 Wilbur Wright Building-Suite 2Wl0001



### Mr. Zachary M. Berman, Esq. Complainant 's Counsel 

### Office ofthe Regional COtmsel Eastern Region Federal Aviation Administration 1Aviation Plaza Jamaica, NY 11434 TEL: 718-553-3258 FAX: 718-995-5699
Ms. Katherine G. Gray, Esq. Re!lpondent 's Counsel 

### CowanGates 1930 Huguenot Rd P.O. Box 35655 Richmond, VA 23235 TEL: 804-320-9100 FAX: 804-320-2900 Judge J.E. Sullivan U.S. AdministrativeLawJudge 

### Office ofHearings, M-20 U.S. Department ofTransportation 1200NewJersey Avenue, S.E. (Ell-310) Washington, DC 20590 TEL: 202-366-2132 FAX: 202-366-7536 ONE COPY 

### FDMS No. FAA-2012-1263 (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 IndependenceAvenue, S.W., Wilbur Wright Building-Suite 2Wl000, Washington, DC 20591; Attention: Hearing Docket Clerk, AGC-430. Page 3 of3