SERVED APRIL 9,2012 ,^^,^^ ^ 

U.S. DEPARTMEN T O F TRANSPORTATION..lU':;|i^f:0^^^ 

OFFIC E O F HEARING S ' ' '•'''^•' '^^•'^^''''^'' ^•-' 

WASHINGTON , D C 7 APi^ - q P 2- 3 1 

In The Matter Of: 

RIAN C. SEBMAN 

Respondent 

Docket No. FAA-2012-0198 

CaseNo. 2010-SO-370103 

ORDER SETTING RULE 16 LITIGATION SCHEDULING CONFERENCE, AND 

DIRECTING RULE 26(0 PLANNING AND SUBMISSION 

1) Rule 16 Litigation Schedulina Conference: 

Pursuant to 14C.F.R. §13.205(a)(1) and (7) and Civ. R. 16, the parties shall appear by telephone on Tuesday; June 5, 2012 at 11:00ani 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) Rule 26f f) Attorneys' Planning Meeting, and Submission of Proposed Discovery Plan: 

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

Rule 16 Litigation Scheduling Conference, the parties shall privately conduct a Rule 26(0 planning meeting and prepare a jointly written proposed scheduling/discovery plan, which must be 

completed and filed with the undersigned Judge on or before Tuesday, May 29, 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 parlies shall file a working copy of the scheduling/discovery plan with the underPaee 1 of 2 
signed Judge at the Office of Hearings by fax, express carrier, or personal delivery. The certificate of service should refiect the manner of service. 

The parties' Rule 26(0 planning meeting shall include a good faith discussion about the nature 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 ol" venue for hearing. During this meeting, the parties shall discuss matters identified in 14 C.F.R. §13.217 and Rule 

26(0(2) and (3) as part of developing their proposed scheduling/discovery plan. 

The parties' Rule 26(0 planning meeting should also include discussion about the sequence 

and timing of follow-up discovery, including whether thai 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 parlies' proposed scheduling/discovery plan should be mutually 

agreeable, with a view to achieving case resolution with a minimum of expense and delay. Any 

unresolyed scheduling/discovery disputes should be clearly identified in the proposed discovery plan, so that these di.sputes may be addressed by the Judge during the Rule 16 Litigation Scheduling Conference. 

3) Conflicts with Rule 16 Litigation Schcdulinu Conference Date: 

If a party has an unavoidable confiict 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 possible after receipt of this Order, with at least three (3) mutually-agreed, proposed alternate dates/times 

for the Judge's consideration. " 

J(idge J.E. Sul/ivan 

[i^trative Law Judge 

Attachiiient: Service List 

Page 2 of2 
FDMSNO. FAA-2012-0198 

(Civil Penalty Action) 

ORIGINAL & ONE COPY 

Federal Aviafion Administration 

800 Independence Avenue, S.W. 

Washington, DC 20591 

Attention: Hearing Docket Clerk, AGC-430, 

Wilbur Wright Building—Suite 2W1000' 

ONE COPY 

Rian C. Seeman, Respondent 

12433 Pineneedle Drive 

Indianapolis, IN 46236-3160 

Rashawn Rich George, Complainant's Counsel 

Office of the Regional Counsel, ASO-7 

Southern Region 

Federal Aviation Administration 

P.O. Box 20636 

Atlanta, GA 30320 

TEL: 404-305-5200 

FAX: 404O05-5223 

The Honorable J.E. Sullivan, Administrative Law Judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

1200 New Jersey Avenue, S.E. (E11 -310) 

Washington, DC 20590 

TEL: 202-366-2132 

FAX: 202-366-7536 

' 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 2W1000, Washington, 

DC 20591; Attention: Hearing Docket Clerk, AGC-430. 

-2-