In The Matter Of: 

SERVED: January 23, 2012 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, DC 

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Docket No. PAA-2012-1263 

CENTRAL VIRGINIA 

AVIATION, INC. 

Respondent 

Case No. 2012EA210024 

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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: 

Pursuant to 14 C.P.R. § 13.205(a)(l) and (7) and Civ. R. 16, the pmiies shall appear by 

telephone on Thursday, 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, 

their jointly submitted proposed scheduling/discovery plan (see paragraph 2 infi·a) and respond 

to any questions regarding disagreements not resolved in the proposed plan. During the 

Conference a final scheduling/discovery plan will be ruled upon. as well as any other related 

matters pursuant to Rule 16( c). The Oflice of Hearings will initiate the Conference by telephone 

call, contacting each party at the party's telephone number of record. A party may provide an 

alternate number by notifying the Office of Hearings at least 24 hours prior to the Conference. 

2) Parties' Rule 26(±) Planning Meeting and Submission of Proposed Discovery Plan: 

Pursuant to 14 C.P.R. § 13.217 and Civ. R. 26(±), prior to convening with the Judge for the 

Rule 16 Litigation Scheduling Conference, the parties shall privately conduct a Rule 26(±) 

planning meeting and prepare a jointly 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 of record and all unrepresented parties are jointly responsible for arranging the 

Rule 26(f) conference, and for attempting in good faith to agree on the proposed discovery plan. 
The parties' Rule 26(t) planning meeting shall include a good faith discussion about the 

nature and basis of each party's claims, the possibility of resolving all or part of the case, the 

scope and type of discovery (including electronic discovery) and the place of venue for hearing. 

During this meeting, the parties shall discuss matters identified in 14 C .F .R. § 13.217 and Rule 

26(±)(2) and (3) as part of developing their proposed scheduling/discovery plan. 

The parties' planning meeting should also include discussion about the sequence and timing 

of follow-up discovery, including whether that discovery should be conducted in phases to 

prepare for any filing of pmiicular motions (e.g., limiting scope of trial, dispositive motions, etc). 

The deadlines in the pmiies' proposed scheduling/discovery plan should be mutually agreeable, 

with a view to achieving case resolution with a minimum of expense and delay. Any unresolved 

scheduling/discovery disputes should be cleatly identified in the proposed plan, 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 Aviation Administration Hearing Docket Clerk, the parties shall file a working copy of 

the scheduling/discovery plan with the undersigned Judge at the Office of Hearings by fax, 

express carrier, or personal delivery. The certificate of service should ret1ect the mmmer of 

servtce. 

3) Cont1icts with Rule 16 Litigation Scheduling Conference Date: 

If a 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 of the scheduled 

Conference, the party shall first confer with opposing counsel about mutually agreeable 

alternate dates, and then contact Mr. Cody L. Smith, Attorney-Advisor at the Oftice of 

Hearings (202:..366-6941) as soon as possible after the receipt of this Order, with at least three 

(3) mutually-agreed, proposed alternate dates/times for the Judge' 

Attachment: Service List 

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SERVICE 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 2Wl0001 

Mr. Zachary M. Berman, Esq. 

Complainant 's Counsel 

Office ofthe Regional COtmsel 

Eastern Region 

Federal Aviation Administration 

1 Aviation Plaza 

Jamaica, NY 11434 

TEL: 718-553-3258 

FAX: 718-995-5699 

Ms. Katherine G. Gray, Esq. 

Re!lpondent 's Counsel 

Cowan Gates 

1930 Huguenot Rd 

P.O. Box 35655 

Richmond, VA 23235 

TEL: 804-320-9100 

FAX: 804-320-2900 

Judge J.E. Sullivan 

U.S. Administrative Law Judge 

Office ofHearings, M-20 

U.S. Department of Transportation 

1200 New Jersey 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 Independence Avenue, S.W., Wilbur Wright Building-Suite 2Wl000, Washington, 

DC 20591; Attention: Hearing Docket Clerk, AGC-430. 

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