In The Matter Of: GOLDRING, AARON Respondent 

## SERVED: October 22, 2015
U.S. DEPARTMENT OF TRANSPORTATION OFFICE OFHEARINGS WASHINGTON, DC ) ) ) ) ) Docket No. FAA-2015-1317 Case No. 2015EA150014

ORDER SETTING LITIGATIONDATES AND PROCEDURES

On September 24, 2015, an Order Continuing the Rule 16 Litigation Scheduling Conference and Setting Pre-Conference deadlines was filed. On October 7, 2015 the

### prose Respondent, Mr. Aaron Goldring, filed a written Answer. On October 22, 2015 the parties appeared bytelephone for the Rule 16 Litigation Scheduling Conference, and discussed the FAA's discovery plan, their calendar availability, hearing dates, and other litigationprocedural matters. Pursuant to 14 C.P.R.§§ 13.205(a)(1), (6), (7),; 13.220; and Civ. R. 16, and after reviewing all relevant caselaw, regulations, 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. November 12,2015: Deadline for InitialDisclosures. To ensure thatthe parties have sufficienttime to address all issues in dispute, on orbeforeNovember 12, 2015, 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 orbeforeNovember 19, 2015: GeneralDiscovery Initiated. Pursuantto 14 C.P.R. § 13.220(a), the parties may have already begun conducting general discovery. Ifnot, then to ensure full use ofthe discovery time allotted inthis case, the parties shall begin exchanging or serving general discovery requests onorbeforeNovember 19, 2015, pursuant to 14 C.P.R. §13.220 (b), (c), (d) and_(e). General discovery includes, but is not limitedto: notices ofdeposition; requests for production ofdocuments; propounding interrogatories; requests for admission; etc. A party shall respond to a general discovery request no laterthan 30 days after service ofthe request, unless otherwise agreed bythe parties. Discoveryrequests must be served sufficiently early inthe discovery periodto permitthe service ofresponses thereto prior to the deadline for completing general discovery.3. Service oflnterrogatories. Pursuant to 14 C.P.R.§ 13.220(k)(1), a party shall not serve more than thirty (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.P.R. § 13.220(k), any objection inresponse to an interrogatory must include the reason(s) supportingthe objection. · 4. Motions to Limit Discovery upon Receipt ofDiscovery 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 Reliefwithin ten (10) days after service ofthe disputed discovery request.

a. Good FaithDeclaration Included: The Motion must include a declaration bythe 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, priorto seeking courtrelief. b. Copy ofDisputed Discovery: Pursuant to 14 C.P.R.§ 13.220(b), only a copy of the disputed discovery, in support ofthe motion, should beattached to the Motion or the Response.

c. Response to Motionto Limit Discovery: Any Response to the Motion shouldbe 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 defidentresponse or after the response to the discovery was due, whichever occurs first.

a. Procedure for Motion: Any Motion and/or Response to Compel Discovery shall be filed inthe same manner as directed above for Motions to Limit Discovery (paragraph 4 (a)-(c)). 6. Retained/Hired or Employee Expert Witness Disclosures. Ifa party retains or hires a witness to provide experttestimony, or aparty intends to utilize the testimony ofan employee to give experttestimony-thenthe party intending to offer suchwitness shall disclose this retained or employee expert witness to the opposing side pursuantto the timeline below. The expert witness disclosure shall include the name ofthe witness, the witness's expert resume or qualifications, and the witness's written report or statement of opinion (including disclosure ofthe basis ofthat opinion). a) FAA Expert Disclosure Deadline: January 5, 2016. b)**Resp~:mdent** Expert Disclosure Deadline: January 19, 2016. c) ExpertRebuttal Reports Deadline: February 2, 2016.

Page 2 of57. Duty to Supplement or Amend Discovery. Pursuantto 14 C.P.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. 8. June 16,2016: Deadline for Completing General Discovery. On orbefore June 16, 2016, the parties shall finish responding and serving answers to all general discovery requests pursuantto 14 C.P.R.§ 13.220. This includes the taking offact witness and expert witness depositions, pursuant to 14 C.P.R. § 13.2200). 9. July 27, 2016: Deadline for Filing Dispositive Motion(s). The last date for bothparties to file any/all pre-hearing dispositive motions, including Default Motions and/or Summary Judgment Motions. a) August 24, 2016: Deadline for filing Answer to Dispositive Motion(s); b) September 7, 2016: Deadline for filing Reply (ifany). 10. Telephone Motion Conference: September 21, 2016 (1:30 p.m.-3:00p.m. ET). The parties shall convene bytelephone for oral argument on any filed dispositive motions on September 21,2016 (1:30 p.m.-3:00p.m. ET). N.B. Ifthe parties do notfile dispositive motions, thenthis Telephone Conference will be automatically converted and held as a Pre-Hearing Status Conference. 11. October 28, 2016: List ofWitnesses/Exchange ofExhibits. On or before October 28, 2016, the parties will file**~he** following: a) A list ofthe witnesses the party 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) Anindex cover sheet with a briefdescription ofeach document. 12. October 28,2016: Written Stipulations and/or Agreed Motions 

### in Limine. Onor before Octob,er 28, 2016, the parties shall file any written stipulations thatnarrowthe factual or legal issues, and/or that are agreed Motions in Limine. 13. December 6, 2015- December 8, 2016: Hearing Dates. Based onthe parties' agreement, the Hearing will take two and a half(2.5) days or less. The Hearing will begin on December 6, 2015 (9:00 a.m-5:00 p.m. ET) inthe Manhattan or Islip, NewYork area. The Hearing will continue on December 7, 2015 (9:00 a.m-5:00 p.m. ET} and conclude on December 8, 2015 (9:00 a.m.-12:00 p.m. EST). The specific location ofthe Hearing will be provided to the parties priorto the Hearing.

Page 3 of5B. Discovery Requests and Exchanges: Discovery requests and exchanges need not be filed with the Office ofHearings, except as part ofa motion regarding limited discovery, disputed discovery, or as part ofa motionto compel discovery. C. Failure to Move for Timely Relief/Late Service ofDiscovery: The failure to timely respond to discovery requests, and/or totimely move for relief regarding discovery disputes during the discovery period, may result in a finding thatthe partyhas, 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 or Pre-Hearing Conferences on the Judge's Calendar: Priorto the Hearing date(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 Broughtto the Hearing: Eachparty must bring to the Hearing at least three copies ofany documents it intends to offer inevidence 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 and tabbed. Complainant's exhibits should be marked "C-1," "C-2," "C-3," etc. Respondent's exhibits shouldbe marked "R-1," R-2," "R-3," etc. F. Examination Process atthe Hearing: Atthe 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 onbehalfofthat party. Pursuantto 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: Pursuant to 14 C.F.R. 

### § 13.218, an attorney who wishes to withdraw from representing a party must file a Motionto Withdraw. Inthis Motion, the attorney shall confirmthe following: 1. The date the Respondent was served with written notice ofthe attorney's intentto withdraw; 2. The name ofthe designated agent/lay representative ifthe Respondent inthe action is a business entity; 3. The currentbusiness address, telephone number, and fax number ofthe Respondent and ofits designated agent; 4. A statement that the Respondent has been notified in writing ofthe pending hearing dates inthis litigation, as well as the pending pre-hearing discovery deadlines and telephone conferences; and
Page 4 of55. A statementthat the Respondent has beenprovided a copy ofall Orders issued inthis litigation, as well as any other legal documents to whichthe Respondent is entitled. H. CourtFiling ofExhibits with the Hearing Docket: All Exhibits thatthe parties have moved for admission during the Hearing will be attached to the courttranscript and filed bythe courtreporter. I. Requests for Modification ofthis Order: Any requests for modification ofthe litigation dates and procedures set forth inthis Order shouldbe made bywritten Motion. The parties may also file an agreed written request. J. Clarification or Questions: For clarifications ofthis order or questions withregard to the procedures to be followed inthis case, please contact Mr. Cody 

### L. Smith, Attorney-Advisor, at the Office ofHearings (202-366-6941).

Attachment: Service List

Page 5 of5SERVICE LIST- BY U.S. MAIL

Federal Aviation Administration 800 Independence Avenue, S.W. Washington, DC 20591 ORIGINAL & ONE COPY

Attention: Hearing Docket Clerk, AGC-430 Wilbur Wright Building-Suite 2W1000 1

Mr. Daniel Kohlmeyer Complainant's Counsel ONE COPY

Office ofRegional Counsel, Eastern Region Federal Aviation Administration 1Aviation Plaza Jamaica, NY 11434 TEL: 718-553-3266 FAX: 718-995-5699 Mr. Aaron Goldring Respondent 1824 Hemickson Street Brooklyn, NY 11234 TEL: 718-840-9333
Judge J.E. Sullivan US. Administrative LawJudge Office ofHearings, M-20 U.S. Department ofTransportation 1200 NewJersey Avenue, S.E. (E11-310) Washington, DC 20590 TEL: 202-366-6941 FAX: 202-366-7536 DocketNo. FAA-2015-1317 (Civil Penalty Action)

1 Service 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-Suite 2W1000, Washington, DC 20591; Attention: Hearing Docket Clerk, AGC-430.