# RECE\VED U.S. DEPARTMENT OF TRANSPORTATION 

## JUL 13 2015 

## HEARING DOCKET Inthe Matter Of SpiritAvionics, LTD., Respondent. OFFlCE OF.IIJ!:ARINGS WASHINGTON,D.C. ) ) ) ) ) DocketNo. FAA-2014•0119 Case No. 2012.GL-07-0056

MOTION TO STRIKE COMPLAINANT'S RESPONSE TO RESPONDENT'S MOTION FOR DECISION AND COMPLAINANT'S MOTION FOR DECISION Respondent hereby moves to strike Complainant's Response to Respondent's Motion for Decision and Complainant's Motion for Decision in Favor of Complainant filed on June 30, 2015. Respondent filed its Motion for Decision on June 1, 2015. As per 14 C.P.R.§ 13.218 (d),
a party may file an answer to a motion, with affidavits or other evidence in support of the answer, not later than 10 days after service of a written motion on that party. Thus, Complainant's Response was due no later than June 11, 2015. Per§ 13.218 (d), Complainant's Response is 19 days out ofrule and Complainant did not seek leave or consult with Respondent's counselprior to filing. Further, the Order Setting Litigation Dates and Procedures (attached hereto as "Exhibit A") indicates that the last dayto file a dispositive motion was June 1, 2015 1• Similarly, Exhibit A also states that the final day to answer a pre-hearing dispositive motion is June 22, 2015. Complainant filed its Response and Motion for Decision on June 30, 2015, which is far beyond both § 13.218 and the dates and procedures prescribed in Exhibit A. Therefore, Respondent respectfully requests that the AU grant Respondent's Motion to Strike based on the foregoing, and grant Respondent's Motion for Decision filed on June 1, 2015.

1 Exlnbit A, Page 3.

### Respectfully submitted,

atrick
. Moro Eichenberger & 

### Associates, Co. LPA 6037 FrantzRoad, Suite 107 Dublin, Ohio 43011 Phone:
. 614-798-1600 Facsimile: 614-798-1620 Counsel forRespondent CERTIFICATE OF SERVICE 

### I hereby certify that a copy of the foregoing was served upon the following parties by facsimile this 1"dayofJuly, 2015. 

### FAA

**ll~aring Dock~t** 

**800Ind~endenceAve,** 

### S.W. Washington, D.C. 20591 Attn: HearingDocket Clerk AGC-430, WilberWright Building Suite 2W1000 Fax:

**202~267-1293**

**Th~ Honorabl~**  J.E. Sullivan 

### U.S. Administrative Law Judge Office ofHearings, M-20 U.S. Department ofTransportation 1200NewJerseyAve, S.E. (EU-310) Washington, D.C. 20590 Fax: 202C366-7536 

### Kate

**Batb~r** 

### FederalAviationAdministration Office ofRegionalCounsel, AGL-7B 2300East DevonAvenue Des Plaines, Illinois 60018 Fax: 847-294-7862

## SERVED: AUGUST 27,2014 

# EXHIBIT A

In The Matter Of: U.S. 

### DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS WASHINGTON, DC

DocketNo. PAA-2014-0119 SPIRIT AVIONICS, LTD. ) 

### ) ) 

### ) ) CaseNo. 2012-GL-07-0056 Respondent 

### ORDER SETTING LITIGATION DATES AND PROCEDURES
On August 11, 2014, theparties appearedbytelephone for a Rule 16 Litigation Scheduling Conference, but noted that their Rule 26(t) Proposed Scheduling and DiscoveryPlan had been prepared, buthadnotbeen filed. Later on August 11, 2014, an Order Granting Second Continuance ofthe Rule 16 Litigation Scheduling Conference was filed. Still later onAugust 11,2014,the parties filed their Report ofRule 26(t) Planning Meeting. · OnAugust 27,2014, the parties appearedbytelephone for a Rule 16 Litigation· Scheduling Conference, and discussed their calendaravailability, hearing dates, and other litigationprocedural matters. Pursuantto 14 C.P.R. §13.205(a)(l), (6) and (7), Civ. R. 16, 14 C.P.R. §13.217, and14 C.P.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. September 12, 2014: Deadline for Initial Disclosures. To ensure thatthe partieshave sufficienttime to address all issues in dispute, on orbefore September 12, 2014 the parties shall serve each otherwith initial disclosures (as described in Civ. R. 26(a)(l)(A)(i), (ii), and (iii)) without waiting for a specific discovery request. 2. On or before September 12, 2014: General Discovery Initiated. Pursuantto 14 C.P.R. 

### §13.220(a), the parties mayimmediately begin conducting general <liscovery. In orderto ensure full use ofthe discovery time allotted inthis case, the parties shall begin exchanging or serving general discovery requests on orbefore September 12, 2014, pursuantto 14 C.F.R. §13.220 (b), (c), (d) and (e). General <liscovery includes, butis not Page 1 of 4:i

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# I I7 limited to: notices ofdeposition; requests for production ofdocuments; propounding interrogatories; requests for admission; etc. 3. Service oflnterrogatories. Pursuant to 14 C.P.R. §13.220(k)(l), a party shall not serve more than thirty (30)interrogatories upon eachother. Each subpart ofan interrogatory shall be counted as a separate interrogatory.
a. Objection(s) to Interrogatories. Pursuantto 14 C.P.R. § 13.220(k), any objection inresponse to an interrogatory must include the reason(s) supporting the objection. 4. Motions to Limit Discoveryupon Receipt ofDiscovery Request: A party served with a discovery request who seeks 

### to limit discovery pursuant to 14 C.P.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: Pursuantto 14 C.F.R. 

### §13.220(b), only a copy of the disputed discovery, in support ofthe motion, shouldbe attachedto the Motion orthe Response. b. The Motion should include a declaration by the movingparty, confirming that the movant has already conferred or attemptedto confer in good faith withthe opposing party regarding the disputed discovery or disclosure, to try andresolve the matter informally, priorto seeking courtrelief.
c. Response to Motion to Limit Discovery. Any Response to the Motion should be filed no laterthan ten (10) days after service ofthe Motion. 5. Retained/Hired orEmployeeExpertWitness Disclosures. Ifa party retains or hires a witness to provide experttestimony, or a party intends to utilize thetestimony ofan employee whose duties regularly involve giving experttestimony -thenthe party intending to offer suchwitness shall disclose this retained or employee expert witness to the opposing side as follows:
a. Deadline for FAADisclosure: November 14,2014. b. Deadline for Respondent Disclosure: January 15, 2015 The expert witness disclosure shall include the name ofthe Witness, the witness's resume or qualifications, and the witness's writtenreport or statement ofopinion (including disclosure ofthe basis ofthat opinion).
6. Motions to Compel Discovery: A party seekingto 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.
Page 2 ofS

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a. Procedure for Motion: AnyMotion and/or Response to Compel Discovery·shall be filed inthe same manner as directed abovefor Motions to Limit Discovery (paragraph 4 and 4 (a)-(c)). 7. January 31, 2015: Deadline for Completing Document Discovery. On orbefore January 31, 2015, the parties shall finish responding and serving answers to ail general discovery requests pursuant to 14 C.F.R. §13.220. 

### 8. March 31,2015: Deadline for Completing Depositions. On orbefore March 31, 2015, the parties shall finish thetaking ofdepositions pursuant to 14 C.F.R. § 13 .220Q). 

### 9. Duty to Supplement orAmend Discovery: Pursuantto 14 C.F.R. 

### § 13.220(i), a party who has responded to a discovery request inthis case has a duty to supplement or amend the response throughout the litigationperiod, as soon as the information is known. 10. June 1, 2015: Deadlines for Filing Dispositive Motion(s). The last date for both parties to file any/all pre-hearing dispositive motions, including DefaultMotions and/or SummaryJudgmentMotions. a) June 22, 2015: Deadline for filing Answerto Dispositive Motion(s); b) July 13, 2015: Deadline for filing Reply (ifany). 11. Telephone Conference: August 11, 2015 (10:00 a.m.-11:30 a.m. ET). The parties shall convene by telephone for oral argument on any filed dispositive motions on August 11, 2015 (10:00 a.m.-11 :30 a.m. ET). 

### 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. 12. September 15,2015: List ofWitnesses/Exchange ofExhibits. On orbefore September 15, 2015, 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 offer inevidence (pre-marked as noted in paragraphE, infra); and e) An index cover sheet with a briefdescription ofeach document. 13. September 15, 2015: Written Stipulations and/or Agreed Motions 

### in Limine. On or before September 15, 2015, the parties shall file any written stipulations thatnarrowthe factual or legal issues, and/orthat are agreed Motions in Limine. 14. October 20, 2015- October22,2015: Hearing Dates. Based on theparties' agreement, the Hearing will take 3 days or less. The Hearing will begin on Tuesday, October 20, 2015 (9:00 a.m-5:00 p.m. ET) in Columbus, Ohio. The Hearing will continue onWednesday, October 21,2015, and end onThursday, October 22,2015 (9:00 a.m.-5:00p.m. EST). The specific location ofthe Hearing will be provided to theparties priorto the Hearing. Page 3 of 5l



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# I I 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. C. 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 ofdiscoveryrequests may also be grounds for denial ofa motion to compel compliance with suchrequests. D. Scheduling Motion or Pre-Hearing Conferences onthe Judge's Calendar: Prior to the Hearing_date(s), ifa party wishes to schedule oral argument on any motion, or set up any type ofpre-hearing telephone conference on the Judge's calendar, theparty shall first confer with opposing counsel about mutually agreeable alternate dates. The movant shall next contact Mr. 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 Brought to the Hearing: Each party must bring to the Hearing at least three copies ofany documents it intends to offer in evidence as exhibits (two for the Judge and one for the court reporter). The exhibits must have anindex cover sheet, and should be pre-marked. Complainant's exhibits should he marked "C-1," "C-2," "C-3," etc. Respondent's exhibits shouldbe marked "R-1,"**R-2~'·'** "R-3," etc. F. Examination Process at the Hearing: At the Hearing, there will bethe opportunity for direct examination, cross-examination, and redirect examination ofeach witness. Only one representative ofa party may direct or cross-examine a witness on behalfofthat party. 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 in determining the admission ofall evidence. G. Attorney Withdrawal: Pursuant to 14 C.F.R. §13.218, an attorney who wishes to withdraw from representing a party must file a Motion to Withdraw. In this 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 ageot/lay representative ifthe Respondent in the action is a business entity; c. ·The current business address, telephone number, and fax number ofthe Respondent and ofits designated agent; d. A statement that the Respondent has been notified in writing ofthe pending hearing dates in this litigation, as well as the pending pre-hearing discovery deadlines and telephone conferences; and Page 4 of 5e. A statementthat the Respondent hasbeenprovided a copy ofall Orders issued inthis litigation, as well as any other legal documents to which the Respondent is entitled. H. Court Filing ofExhibits with the Hearing Docket: All Exhibits that the parties have moved for admission during the Hearing will be attached to the courttranscript and filed by the court reporter. I. Requests for Modification ofthis Order: Any requests for modification ofthe litigation dates and procedures set forth in this Order should be 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 inthis caSe, please contact Mr. Cody L. Smith, Attorney-Advisor, atthe Office ofHearings (202-366-6941).

Attachment: Service List

Page 5 ofSSERVICE LIST- BY U.S. MAIL 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

Ms. Kate Barber Complainant's Counsel Federal Aviation Administration, AGL-7 2300 East DevonAvenue Des Plaines, IL 60018-4696 TEL: 847-294-7862 FAX: 847-294-7498 Mr. Jerry A. Eichenberger Respondent's Counsel EICHENBERGER & ASSOCIATES 6037 Frantz Road, Suite 107 Dublin, OH 43017 TEL: 614-798-1600 FAX: 614-798-1620
Judge J.E. Sullivan U.S. Administrative LawJudge Office ofHearings, M-20 U.S. Department ofTransportation ONE COPY

1200 New Jersey Avenue, S.E. (Ell-310) Washington, DC 20590 TEL: 202-366-6941 FAX: 202-366-7536 Docket No. FAA-2014-0119 (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 Independence Avenue, S.W., Wilbur Wright Building-Suite 2WJOOO, Washington, DC 20591; Attention: Hearing Docket Clerk, AGC-430.

### EICHENBERGER .Q._ASSOCIATES

Federal Aviation Administration 800 Independence Avenue, S.W. Washington, DC 20591 Attn: Hearing Docket Clerk AGC-430, Wilber Wright Building Suite 2W1000 July 1, 2015

Re: 

### Motion to Strike 

# RECEIVED JUL 13 2015 

## HEARING DOCKET

DocketNo.: FAA-2014-0119 Case No.: 2012-GL-07-0056 To the Hearing Docket Clerk, Please fmd the enclosed Motion and corresponding exhibits for the above referenced matter. A copy ofthe same has also been served byU.S. Mail to the FAA attorney and Judge Sullivan. Ifyouhave any questions, please do not hesitate to contact me at the number below.

Enclosures CC: Kate Barber, Esq. Judge J.E. Sullivan **Since~** 

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