RECE\VED 

U.S. DEPARTMENT OF TRANSPORTATION 

JUL 1 3 2015 

HEARING DOCKET 

In the Matter Of 

Spirit Avionics, LTD., 

Respondent. 

OFFlCE OF.IIJ!:ARINGS 

WASHINGTON,D.C. 

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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 of rule and Complainant did not seek leave or consult with Respondent's 

counsel prior to filing. 

Further, the Order Setting Litigation Dates and Procedures (attached hereto as "Exhibit 

A") indicates that the last day to file a dispositive motion was June 1, 20151

• 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. LP A 

6037 Frantz Road, Suite 107 

Dublin, Ohio 43011 

Phone: . 614-798-1600 

Facsimile: 614-798-1620 

Counsel for Respondent 

CERTIFICATE OF SERVICE 

I hereby certify that a copy of the foregoing was served upon the following parties by 

facsimile this 1" day of July, 2015. 

FAA ll~aring Dock~t 

800Ind~endenceAve, S.W. 

Washington, D.C. 20591 

Attn: Hearing Docket Clerk 

AGC-430, Wilber Wright Building 

Suite 2W1000 

Fax: 202~267-1293 

Th~ Honorabl~ J.E. Sullivan 

U.S. Administrative Law Judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

1200New Jersey Ave, S.E. (EU-310) 

Washington, D.C. 20590 

Fax: 202C366-7536 

Kate Batb~r 

Federal Aviation Administration 

Office ofRegional Counsel, AGL-7B 

2300 East Devon Avenue 

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 

Docket No. PAA-2014-0119 

SPIRIT AVIONICS, LTD. 

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Case No. 2012-GL-07-0056 

Respondent 

ORDER SETTING LITIGATION DATES AND PROCEDURES 

On August 11, 2014, the parties appeared by telephone for a Rule 16 Litigation 

Scheduling Conference, but noted that their Rule 26(t) Proposed Scheduling and Discovery Plan 

had been prepared, but had not been filed. 

Later on August 11, 2014, an Order Granting Second Continuance of the Rule 16 

Litigation Scheduling Conference was filed. 

Still later on August 11,2014, the parties filed their Report of Rule 26(t) Planning 

Meeting. · 

On August 27,2014, the parties appeared by telephone for a Rule 16 Litigation· 

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

litigation procedural matters. 

Pursuant to 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 that the parties have 

sufficient time to address all issues in dispute, on or before September 12, 2014 the 

parties shall serve each other with 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. Pursuant to 14 C.P.R. 

§ 13 .220(a), the parties may immediately begin conducting general <lisco very. In order to 

ensure full use of the discovery time allotted in this case, the parties shall begin 

exchanging or serving general discovery requests on or before September 12, 2014, 

pursuant to 14 C.F.R. §13.220 (b), (c), (d) and (e). General <liscovery includes, but is not 

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limited to: notices of deposition; requests for production of documents; 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 each other. Each subpart of an interrogatory 

shall be counted as a separate interrogatory. 

a. Objection(s) to Interrogatories. Pursuant to 14 C.P.R. § 13.220(k), any objection 

in response to an interrogatory must include the reason(s) supporting the 

objection. 

4. Motions to Limit Discovery upon Receipt of Discovery 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 Relief within fifteen (15) days after service of the disputed 

discovery request. 

a. Copy of Disputed Discovery: Pursuant to 14 C.F .R. § 13 .220(b ), only a copy of 

the disputed discovery, in support of the motion, should be attached to the Motion 

or the Response. 

b. The Motion should include a declaration by the moving party, confirming that the 

movant has already conferred or attempted to confer in good faith with the 

opposing party regarding the disputed discovery or disclosure, to try and resolve 

the matter informally, prior to seeking court relief. 

c. Response to Motion to Limit Discovery. Any Response to the Motion should be 

filed no later than ten (10) days after service of the Motion. 

5. Retained/Hired or Employee Expert Witness Disclosures. If a party retains or hires a 

witness to provide expert testimony, or a party intends to utilize the testimony of an 

employee whose duties regularly involve giving expert testimony -then the party 

intending to offer such witness shall disclose this retained or employee expert witness to 

the opposing side as follows: 

a. Deadline for FAA Disclosure: November 14,2014. 

b. Deadline for Respondent Disclosure: January 15, 2015 

The expert witness disclosure shall include the name of the Witness, the witness's resume 

or qualifications, and the witness's written report or statement of opinion (including 

disclosure of the basis of that opinion). 

6. Motions to Compel Discovery: A party seeking to compel discovery must file a Motion 

to Compel within fifteen (15) days after service of a deficient response or after the 

response to the discovery is due, whichever occurs first. 

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a. Procedure for Motion: Any Motion and/or Response to Compel Discovery·shall 

be filed in the same manner as directed above for Motions to Limit Discovery 

(paragraph 4 and 4 (a)-( c)). 

7. January 31, 2015: Deadline for Completing Document Discovery. On or before 

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 or before March 31, 2015, 

the parties shall finish the taking of depositions pursuant to 14 C.F .R. § 13 .220Q). 

9. Duty to Supplement or Amend Discovery: Pursuant to 14 C.F.R. § 13.220(i), a party 

who has responded to a discovery request in this case has a duty to supplement or amend 

the response throughout the litigation period, 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 Default Motions and/or 

Summary Judgment Motions. 

a) June 22, 2015: Deadline for filing Answer to Dispositive Motion(s); 

b) July 13, 2015: Deadline for filing Reply (if any). 

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. If the 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 of Witnesses/Exchange of Exhibits. On or before 

September 15, 2015, the parties will serve and file 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; 

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

paragraph E, infra); and 

e) An index cover sheet with a brief description of each 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 that narrow the 

factual or legal issues, and/or that are agreed Motions in Limine. 

14. October 20, 2015- October 22,2015: Hearing Dates. 

Based on the parties' 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 on Wednesday, October 21,2015, and end on Thursday, October 

22,2015 (9:00 a.m.-5:00p.m. EST). The specific location of the Hearing will be 

provided to the parties prior to the Hearing. 

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B. Discovery Requests and Exchanges: 

Discovery requests and exchanges need not be filed with the Office of Hearings, except 

as part of a motion regarding limited discovery, disputed discovery, or as part of a motion to 

compel discovery. 

C. Failure to Move for Timely Relief/Late Service of Discovery: 

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 that the 

party has, through its actions, waived its right to relief. Late service of discovery requests 

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

D. Scheduling Motion or Pre-Hearing Conferences on the Judge's Calendar: 

Prior to the Hearing_ date(s ), if a party wishes to schedule oral argument on any motion, or 

set up any type of pre-hearing telephone conference on the Judge's calendar, the party shall 

first confer with opposing counsel about mutually agreeable alternate dates. The movant shall 

next contact Mr. Cody L. Smith, Attorney-Advisor, at the Office of Hearings (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 of any documents it intends to 

offer in evidence as exhibits (two for the Judge and one for the court reporter). The exhibits 

must have an index cover sheet, and should be pre-marked. Complainant's exhibits 

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

R-2~'·' "R-3," etc. 

F. Examination Process at the Hearing: 

At the Hearing, there will be the opportunity for direct examination, cross-examination, 

and redirect examination of each witness. Only one representative of a party may direct or 

cross-examine a witness on behalf of that party. Pursuant to 14 C.F.R. § 13.205 and 14 C.F.R. 

§13.222, the Federal Rules of Evidence 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 of the attorney's intent to 

withdraw; 

b. The name of the designated ageot/lay representative if the Respondent in the action is 

a business entity; 

c. ·The current business address, telephone number, and fax number of the Respondent 

and of its designated agent; 

d. A statement that the Respondent has been notified in writing of the pending hearing 

dates in this litigation, as well as the pending pre-hearing discovery deadlines and 

telephone conferences; and 

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e. A statement that the Respondent has been provided a copy of all Orders issued in this 

litigation, as well as any other legal documents to which the Respondent is entitled. 

H. Court Filing of Exhibits with the Hearing Docket: 

All Exhibits that the parties have moved for admission during the Hearing will be 

attached to the court transcript and filed by the court reporter. 

I. Requests for Modification of this Order: 

Any requests for modification of the litigation dates and procedures set forth in this Order 

should be made by written Motion. The parties may also file an agreed written request. 

J. Clarification or Questions: 

For clarifications of this order or questions with regard to the procedures to be followed 

in this caSe, please contact Mr. Cody L. Smith, Attorney-Advisor, at the Office of Hearings 

(202-366-6941). 

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 2W1 0001 

Ms. Kate Barber 

Complainant's Counsel 

Federal Aviation Administration, AGL-7 

2300 East Devon Avenue 

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 Law Judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

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 1 3 2015 

HEARING DOCKET 

Docket No.: 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 by U.S. Mail to the FAA attorney and Judge Sullivan. 

If you have 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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6037 Frantz Road, Suite 107 Dublin, Ohio 43017 T I 614-798-1600 F I 614-798-1600 www.ehlawyers.com