U.S. Department 

of Transportation 

Federal Aviation 

Administration 

February 22, 2012 

Eastern Region 

Regional Counsel 

VIA FACSIMILE (202) 366-7536 

The Honorable J.E. Sullivan, Administrative Law Judge 

Office of Hearings M-20 

U.S. Department of Transportation 

1200 New Jersey Avenue, S.E. 

Washington, DC 20590 

Re: In the Matter of Clifford Press 

Docket No. FAA-2011-1006 

Dear Administrative Judge Sullivan, 

1 Aviation Plaza 

Room 561 

Jamaica, NY 11434 

Telephone: (718) 553·3255 

Facsimile: (718) 995-5699 

In accordance with your Order of December 29, 2011, please fmd the parties' Proposed 

Scheduling and Discovery Plan. A prehearing conference for the above-captioned matter is 

currently scheduled for February 29, 2012.at 10:00 a.m. 

Sincerely, 

ALFRED R. JOHNSON, JR. 

REGIONAL COUNSEL 

Enclosure 

cc: Kathleen A. Yodice, Counsel for Mr. Clifford P~ess 

U.S. Department ofTl'ansport~tipn 1 I)6cket Office. ' ~ ' ' ' '- ' • - - > " ' 

RECEIVED 

•MAR 2 2 2012 

HEARING DOCKET 
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\FEB. 22.2012 11:21AM F Aft REGIONAL COUNSEL, AEA-7 NO. 4940 P. 2 I 

IN THE MATIER OF: 

CLIFFORD P~SS, 

Respondent. 

U.S DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, DC 

) 

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DOCKET NO. FAA-2011-1006 

Case No. 2011EA150045 

U.S. Administrative Law Judge J.E. Sullivan 

PROPOSED SCHEDULING AND DISCOVERY PLAN 

In accotdance with the December 29,2011 Order Setting Rule 16 Litigation Scheduling 

Con:terence andiDirecting Rule 26(f) Planning and Submission, 14 C.F.R. § 13.217 and Civ.R. 

26(f), Complalnlmt, Federal Aviation Administrlrtion and Respondent, Mr. Clifford Press, hereby 

submit its jointly proposed scheduling and discovery plan. 

1. Discov$: 

The partiies hereby agree to serve discovery requests upon the other party on or before 

March 30, 2012. Interrogatories shall be limited to thirty (30), in accordance with 14 C.F.R. § 

13229(k)(l). : 

ResponSes to discovery requests, including any and all objections to discovery requests 

shall be served~pon the other party on or before thirty (30) calendar days from receipt of the 

discovery requ~ts. Requests for extension of time to file responses to discovery requests, for 

good cause sholwn, must be made to U.S. Administrative Law Judge J.E. Sullivan or other U.S. 

Administrative!Law Judge currently assigned. 

Discov~ shall be completed no later than November 30, 2012. 

Discovery motions, including motions to compel, must be filed within ten (1 0) calendar 

days after receipt of a dclicient reBponse or after the response to the discovery is due, whichever 

occurs first. Motions to compel and other discovery motions must be accompanied by the 

discovery requbsts and responses and a declaration stating that the moving party has made.o~• 

good faith effolrt to resolve the discovery dispute. The declaration shall indicate the efforts made 

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' ' ifEB.22.2012 11:22AM F A A REGIONAL COUNSEL, AEA-7 NO. 4940 P. 3 I , 

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to resolve the di~ute and identify which items remain in dispute. Statements in opposition to 

discoverymotio~ must be :filed with ten (10) calendar days of receipt of the motion. The failure 

to timely file obj~ctions to discovery may result in the objections being deemed waived. 

2. Prehearing Motions: 

Asly and all Preheating motions, including motions to dismiss and motions for a decisiolllf' 

shall be filed wfthin thirty (30) days from the close of discovery, i.e., on or before January 15. 

2013. Responsjls to motions shall be filed within :fifteen (15) days from receipt of the motion. 

3. Exchangb of Exhibits to be Introduced at Hearing: 

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The parties shall exchange a copy of any and all exhibits to be introduced at hearing no later 

than thirty (30) 4YB before the scheduled date ofhearing. 

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4. List of Jritnesses That Mav be Called at Hearing: 

The parties ~ha.ll exchange a list of witnesses that may be called at hearing no later than thirty 

(30) days befori the scheduled date ofhear.ing. 

This Pr9posed Scheduling and Discovery Plan is hereby agreed to by the pmies and each 

party represents! that it will make good faith efforts to comply with the scheduling deadlines 

contained here!~. 

Agreed to by: 

' Attorney for Respondent 

Yodice Associ~tes 

411 Aviation V(ay, Suite 245 

Frederick, MD!21701 

12.2.-j {).oJ2 

ompl · t 

Federal Aviation A 

By: 

JudithL. Vaughan 

Attorney for Complainant 

Office of the Regional Counsel, AEA-7 

One Aviation Plaza, Room 561 

Jamaica, NY 11434 

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EB.22.2012 11:22A~ F A 1 REGiONAL COUNSEL, AEA-7 NO. 4940 P. 4 

CERTIFICATE OF SERVICE 

l hereby certify th11t on this day a copy oftbe above Proposed Scheduling and Discovery Plan 

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was served as folilows: 

Via First Class Mail 

U.S. Departm~ of Transportation 

Docket Office ! 

800 Independende Avenue, S.W. 

Washington, ' DQ 20591 

Kathleen A. Yo4ice, Respondent's Counsel 

Yodice Associatbs 

411 Aviation W~y, Suite245 

Frederick, MD 2.1701 

Via Facsimile-boz) 366-7536 

The Honorable J.E. Sullivan, Administrative Law Judge 

Office ofHeari~gs, M-20 

U.S. Depllrtmerlt of Transportation 

1200 New Jersejy Avenue, S.E. 

Washington, D¢ 20590 

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L~~~ ~ augJ1al; 

Attorney · 

Federal Aviation Administration 

One Aviation Plaza 

Jamaica, New York 11434 

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