In The Matter Of: 

•. 

SERVED AUGU~T 9, 2012 

:EPl:JlTMENT OF .... '\' '("POR-!ATIQI\l i C";/.--J\k; · . , 1. . I~ 

U.S. DEPARTMENT OF TRANSPORTATION :·_:{::v:.ET OPE!iATIONS 

OFFICE OF HEARINGS . . 

wASHINGTON, DC IZ ! 0 I~ q: 4 \ 

Docket No. FAA-2012-0775 

MONROE AIR CENTER LLC 

) 

) 

) 

) 

) 

Case No. 2011 SW 030084 

Respondent 

ORDER SETTING RULE 16 LITIGATION SCHEDULING CONFERENCE, 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 by telephone 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, . 

their jointly submitted 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 other related matters 

pursuant to Rule.16(c). The Office 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) RuJe 26(0 Attorneys' Planning Meeting, and Submission of Proposed Discovery Plan: 

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

Rule 16 Litigation Scheduling Conference, the parties shall privately conduct a Rule 26(f) planning meeting and prepare a jointly written proposed scheduling/discovery plan, which must be· 

completed and filed with the undersigned Judge on or before 1'hursday, October 25, 2012 (i.e., 

seven (7) calendar days before the Conference). In addition to filing the proposed scheduling/discovery plan by regular mail filing with the U.S. Department of Transportation's Docket 

Office, the parties shall file a working copy of the scheduling/discovery plan with the underPage 1 of2 

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signed Judge at the Office of Hearings by fax, express carrier, or personal defivery. The certificate of service should reflect the manner of service. 

The parties' Rule 26(t} planning meeting shall include a good faith discussion about the na-

. tgre 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(f)(2) and (3) as part ofdevelopingtheir 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 particular motions (e.g., limiting scope of trial, dispositive motions, etc). 

The deadlines in the parties' 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 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: 

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 C. Diane Mays at the Office of Hearings (202-366-2132) as soon as pos-

. sible after receipt of this 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 2W1 0001 

Alan Armstrong, 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 of the 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 Law Judge 

Office of Hearings, 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 

FDMS No. FAA-2012-0775 

(Civil Penalty Action) 

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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.