In The Matter Of: BIRMINGHAM FLIGHT CENTER Respondent 

## SERVED: APRIL 7, 2015
U.S. DEPARTMENT OF TRANSPORTATION OFFICE OFHEARINGS WASHINGTON, DC ) 

### ZCl) f.P8
- 3 n 

### 2: 2**~t** ) DocketNo. FAA-2014-0867 ) ) ) Case No. 2012S0090053 )



### ORDER SETTING LITIGATION DATES AND PROCEDURES
On January 6, 2015, an Order Setting Rule 16 Litigation Scheduling Conference and Directing Rule 26(f) Planning and submissionwas filed. On March 20, 2015, the parties filed aJoint Proposed Scheduling and Discovery Plan. On April 7, 2015, the parties appeared by telephone for the Rule 16 Litigation Scheduling Conference, and discussed their discovery plan, calendaravailability, hearing dates, and other litigation procedural matters. Pursuant to 14 C.F.R. 

### § 13.205(a)(l), (6) and (7), Civ. R. 16, 14 C.F.R. § 13.217, and 14 

### C.F.R. 

### § 13.220, and afterreviewing 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. April17, 2015: Deadlinefor Initial Disclosures. To ensure that the parties have sufficienttime to address all issues in dispute, on ·orbefore April 17, 2015 the parties shall serve each otherwith initial disclosures (as described in Civ. R. 26(a)(1)(A)(i), (ii), and (iii)) without waiting for a specific discovery request. 2. On or before April 20, 2015: General Discovery Initiated. Pursuant to 14 C.F.R. 

### §13.220(a), the parties may immediately begin conducting general discovery. In orderto ensure full use ofthe discovery time allotted in this case, the parties shall begin exchangingor serving general discovery requests on orbefore April 20,2015,pursuant to 14 CF.R. 

### §13.220 (b), (c), (d) and (e). General discovery includes, but is not limited to: notices ofdeposition; requests for production ofdocuments; propounding interrogatories; requests for admission; etc.3. Service oflnterrogatories. Pursuantto 14 C.F.R. § 13.220(k)(l), a party shall not serve more thanthirty (30) interrogatories upon each other. Each subpart ofan interrogatory shall be counted as a separate interrogatory.

a. Objection(s) to Interrogatories. Pursuant to 14 C.F.R. § 13.220(k), any objection in response to an interrogatory must include the reason(s) supportingthe objection. 4. Motions to Limit Discovery upon ReceiptofDiscovery Request: A party served with a discovery request who seeks to limit discovery pursuantto 14 C.F.R. 

### § 13.220(f), (g), and · (h), shall file a Motion for Reliefwithin ten (10) days after service ofthe disputed discovery request.

a. Good Faith Declaration Included: The Motion should include a declarationby the moving party, confii:ming that the movanthas already conferred or attempted to confer in good faith with the opposing party regarding the disputed discovery or disclosure, to try arid resolve the matter informally, priorto seeking court relief. b. Copy ofDisputed Discovery: Pursuant to 14 C.F.R._.§ 13.220(b), only a copy of the disputed discovery, in support ofthe motion, should be attached to the Motion orthe Response.

c. Response to Motion to Limit Discovery: Any Response to the Motion should be filed no later than ten (10) days after service ofthe Motion. 5. Motions to Compel Discovery: A party seeking to compel discovery must file a Motion to Compel within ten (10) days after service ofa deficient response or after the response to the discovery is due, whichever occurs first.

a. Procedure for Motion: Any Motion and/or Response to Compel Discovery shall be filed in the same manneras directed above for Motions to Limit Discovery (paragraph4 and4 (a)-(c)). 6. Retained/Hired orEmployee ExpertWitness Disclosures. Ifa party retains orhires a witness to provide expert testimony, ora party intends to utilize the testimony ofan employee to give expert testimony- then the party intending to offer such witness shall disclose this retained oremployee expert witness to the opposing side pursuantto the timeline below. The expertwitness disclosure shall include the name ofthe witness, the witness's expertresume orqualifications, and·the witness's written report or statement of opinion (including disclosure ofthe basis ofthat opinion). a) FAA Expert Disclosure Deadline: May 15, 2015. b) Respondent Expert Disclosure Deadline: May 29, 2015. c) ExpertRebuttal Reports Deadline: June 12, 2015.

Page 2 of5

..**-~· :.~** 7. ·Duty to Supplement orAmend Discovery: Pursuant to 14 C.F.R. § 13.220(i), a party who has respondedto a discovery request in this casehas a duty to supplementor amend theresponse throughout the litigationperiod, as soon as the information is known. 

### 8. June 19, 2015: Deadline for Issuing Subpoenas/Arrangingfor Depositions. On or beforeJune 19, 2015, the parties shall issue subpoenas and/or mutually arrange for depositions ofwitnesses and experts as may be necessary. 9. August 21, 2015: Deadlinefor Completing General Discovery. On or before August 21, 2015, the parties shall finish responding and serving answers to all general discovery requests pursuant to 14 C.F.R. 

### § 13.220. This includes the taking offact witness and expert witness depositions, pursuant to 14 C.F.R. §13.220U). 10. September 18, 2015: List ofWitnesses/Exchange ofExhibits. On or before September 18,-2015, the parties will serve and file.the following: a) A list ofthe witnesses theparty intends to call; b) A short statement ofthe testimony expected from each such witness; c) The resume or statement ofqualifications ofeach 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 coversheet with a briefdescription ofeach document. 

### 11. October 16, 2015: Written Stipulations and/orAgreed Motions 

### in Limine. On or before October 16, 2015, the parties shall file any written stipulations that narrow the factual or legal issues, and/orthat are agreed Motions in Limine. 

### 12. TelephonePre-Hearing Conference: October28,2015 (10:00 a.m.-11:00 a.m. ET). The parties shall convene by telephone for a Pre-Hearing Conferenceon October28, 2015 (10:00 a.m.-11:00 a.m. ET) to discuss any outstanding issues and disputed motions in limine. 13. November 18, 2015 and November 19,2015: Hearing Dates. Based ontheparties' agreement, the Hearing will taketwo (2) days or less. The Hearing will begin on November 18, 2015 (9:00 a.m-5:00 p.m. ET) in the Birmingham, AL area. The Hearing will continue on November 19, 2015 (9:00a.m-5:00p.m. ET) and conclude by the end ofthat same day (5:00p.m. EST). The specific location ofthe Hearingwill be provided to the parties priorto the Hearing.

B. Discovery Requests and Exchanges:

. Discovery requests and exchanges need not be filed with the Office ofHearings, exceptas part ofa motion regarding limited discovery, disputed discovery, or as part ofa motion to compel discovery.

Page 3 of5C. Failure to Move for Timely Relief/Late Service ofDiscovery: The failure to timely respond to discovery requests, and/orto 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 ofdiscovery requests may also be grounds for denial ofa motion to compel compliance with such requests. D. Scheduling Motion orPre-Hearing Conferences on the Judge's Calendar: Prior to the Hearingdate(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, 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 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 an index coversheet, and should be pre-marked. Complainant'sexhibits should be 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 ofeach witness. Only one representative ofa party may direct or · cross-examine a witness on behalfofthatparty. Pursuant to 14 C.F.R. §13.205 and 14 C.F.R. §13.222, the Federal Rules ofEvidence may be utilized as helpful guidance in determining the admission ofevidence. G. Attorney Withdrawal: Pursuantto 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: 1. Thedate the Respondent was served with written notice ofthe attorney's intent to withdraw; 2. The name ofthe designated agent/lay representative ifthe Respondent in the action is a business entity; 3. The current business address, telephone number, and fax number ofthe Respondent and ofits designated agent;
. 4. A statementthat the Respondenthas been notified in writing ofthe pending hearing dates in this litigation, as well as the pendingpre-hearingdiscovery deadlines and telephone conferences; and

. . . . 5. A statement that the Respondent has been provided a copy ofall Orders 1ssued m th1s litigation, as well as any other legal documents to which the Respondent is entitled.

Page 4 of5H. Court Filing ofExhibits with the HearingDocket: 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 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 written request. J. Clarification or Questions: Forclarifications ofthis 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 ofHearings 

### (202-366-6941).

Attachment: Service List

Page 5 of 5DocketNo. FAA-2014-0867 (Civil Penalty Action) 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-Suite2Wl000 1 ONE COPY Mr. Deitrick 

### H. Johnson 

### Complainant's Counsel Federal Aviation Administration Office ofthe Regional Counsel, AS0-7 Southern Region 1701 ColumbiaAvenue College Park, GA 30337 TEL: 404-305-5200 FAX: 404-305-5223 Mr. Charles R. Barnett 

### Respondent's Counsel Barnett & Borth, LLC 800 Waukegan Road, Suite 200 Glenview, IL 60025-4387 TEL: 847-724-5520 FAX: 815-356-7042 JudgeJ.E. Sullivan 

### U.S Administrative LawJudge Office ofHearings, M-20 U.S. Department ofTransportation 1200NewJersey_Avenue, S.E. (E11-310) Washington, DC 20590 TEL: 202-366-6941 FAX: 202-366-7536 Birmingham Flight Center, Inc. 

### Respondent 4243 East Lake Blvd. Birmingham, AL 35217

1Service was by U.S. Mail. For service in person orby expedited courier, use the following address: Federal Aviation Administration, 600 Independence Avenue, S.W., Wilbur Wright Building-Suite2WIOOO, Washington, DC 20591; Attention: Hearing Docket Clerk, AGC-430.