In The Matter Of: •. 

## SERVED**AUGU~T** 

## 9, 2012 :EPl:JlTMENT OF

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### U.S. DEPARTMENT OFTRANSPORTATION 

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## OPE!iATIONS OFFICE OFHEARINGS
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Docket No. FAA-2012-0775 MONROE AIR CENTER LLC ) ) ) ) ) Case No. 2011 SW 030084 Respondent

ORDER SETTING RULE 16 LITIGATION SCHEDULINGCONFERENCE, AND DIRECTING RULE 26(t) PLANNING AND SUBMISSION 1) Rule 16 Litigation Scheduling Conference: Pursuant to 14 C.F.R. §13.205(a)(1) and (7) and Civ. R. 16, the parties shall appear bytelephone on Thursday, November 

### l, 2012 at 1:30pm Eastern time for a Rule 16 Litigation Scheduling Conference. During this Conference the parties will discuss the issues in the dispute,
. theirjointlysubmitted proposed scheduling/discovery plan (see paragraph 2 infra) 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 otherrelated matters pursuant to Rule.16(c). The Office ofHearings will initiate the Conference bytelephone call, contacting each party at the party's telephone number ofrecord. A party may provide an alternate number by notifying the Office ofHearings at least 24 hours priorto the Conference.

<> 2) RuJe 26(0 Attorneys' Planning Meeting, and Submission ofProposed Discovery Plan: Pursuant to 14 C.F.R. §13.217 and Civ. 

### R. 26(f),priorto convening with the Judge for the Rule 16 Litigation Scheduling Conference, the parties shall privately conduct a Rule 26(f) planning meeting and prepare ajointlywritten proposed scheduling/discovery plan, which must be· completed and filed with the undersigned Judge on orbefore 1'hursday, October 25, 2012 (i.e., seven (7) calendar days before the Conference). In addition to filing the proposed scheduling/discovery plan byregular mail filing with theU.S. Department ofTransportation's Docket Office, the parties shall file a working copy ofthe scheduling/discovery plan withthe underPage 1 of2 

# 'signed Judge at the Office ofHearings by fax, express carrier, or personal defivery. The certificate ofservice should reflect the manner ofservice. The parties' Rule 26(t}planning meeting shall include a good faith discussion about the na-

. tgre 

### and basisofeachparty's claims, the possibility ofresolving

### all or part ofthe case, the scope

and type ofdiscovery (including electronic discovery) and the place ofvenue for hearing. During this meeting, the parties·shall discuss matters identified in 14 C.F.R. 

### §13.217 and Rule 26(f)(2) and (3) as part ofdevelopingtheirproposed scheduling/discovery plan. The parties' planning meeting should also include discussion about the sequence and timing offollow-'up discovery, including whether that discovery should be conducted in phases·to prepare for any filing ofparticular motions (e.g., limiting scope oftrial, dispositive motions, etc). The deadlines inthe parties' proposed scheduling/discovery plan should be mutually agreeable, with a view to achieving case resolution with a minimum ofexpense and delay. Any unresolved scheduling/discovery disputes should be clearly identified in the proposed discovery plan, so that these disputes may be addressed by the Judge during the Rule 16 Litigation Scheduling Conference. 3) Conflicts 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 confer with opposing counsel about mutually agreeable alternate dates, and then contact C. Diane Mays at the Office ofHearings (202-366-2132) as soon as pos-

. sible afterreceipt ofthis Order, with at least three (3) mutually-agreed, proposed alternate "' dates/times for the Judge's consideration.

Attachment: Service List

Page2 of2

### 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 2W1000 1

AlanArmstrong, Respondent's.Counsel 2900 Chamblee Tucker Road ·Building 5, Suite 350 Atlanta, GA 30341 TEL: 770-451-0313 FAX:. 770-451-0317 Tim Duff, Complainant's Counsel Office ofthe Regional Counsel Southwest Region Federal Aviation Administration 2601 Meacham Blvd., Room 663 Ft. Worth, TX 76137 TEL: 817-222-5099 FAX: 817-222-$092 

### ONE COPY

The Honorable J.E. Sullivan,Administrative LawJudge Office ofHearings, M-20 U.S. Department ofTransportation 1200 NewJersey Avenue, S.E. (Ell-310) Washington, DC 20590 TEL: 202-366-2132 FAX: 202-366-7536 FDMS No. FAA-2012-0775 (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 2WIOOO, Washington, DC 20591; Attention: Hearing Docket Clerk, AGC-430.