In The Matter Of: PROFESSIONAL 

## SERVED: July 6, 2015 U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS WASHINGTON, DC

Docket No. FAA-2015-0638 FLIGHT TRANSPORT, INC. ) ) ) ) ) ) Case No. 2014S0190149 Respondent

ORDER SETTING A RULE 16 LITIGATION SCHEDULING CONFERENCE, AND DIRECTING THE PARTIES TO

CONFERAND FILE A RlJLE 26(f) PROPOSED DISCOVERY PLAN 1) Rule 16 Litigation Scheduling Conference:
Pursuant to 14 C.F.R. § 13.205 and Civ. R. 16, the parties shall appear by telephone on Tuesday, September 22, 2015, at 10:00 a.m. 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 in.fi-a) 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 parties shall access the Conference by dialing 202-493-2343.
2) Parties' Rule 26([) Planning Meeting and Submission ofProQosed Discovery Plan: Pursuant to 14 C.F.R. § 13.205(a)(6) and Civ. R. 26(f),prior to convening with the Judge for the Rule 16 Litigation Scheduling Conference, the pmiies shall privately conduct a Rule 26(f) planning meeting and prepare ajointly written proposed scheduling/discovery plan, which must be completed and Jiled with the undersigned Judge on or before Tuesday, September 15, 2015 (i.e. at least seven (7) calendar days before the Conference). The attorneys ofrecord and all unrepresented parties arejointly responsible for arranging the Rule 26(f) conference, and for attempting in good faith.to agree on the proposed discovery plan.The parties' Rule 26(f) planning meeting shall include a good faith discussion aboutthe nature and basis ofeachparty's claims, the possibility ofresolving all orpart ofthe case, the scope andtype ofdiscovery (including electronic discovery) and the place ofvenue 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 ofdeveloping theirproposed scheduling/discoveryplan. The parties' planning meeting should also include discussion aboutthe sequence and timing offollow-up discovery, including whether that discovery shouldbe conducted inphases ·toprepare for any filing ofparticularmotions (e.g., limiting scope oftrial, dispositive motions, etc.). Theproposed discovery deadlines in the parties' proposed scheduling/discoveryplan should be mutually agreeable, with a viewto achieving case resolution with a minimum of expense and delay. Any unresolved scheduling/discovery disputes should be clearly identified in the proposedplan, so thatthese disputes may be addressed bythe Judge during the Rule 16 Litigation Scheduling Conference.
3) Filing and Serving Documents: Pursuantto 14 C.F.R. 

### § 13.211(a), a copy ofany document aparty files withthe Federal AviationAdministration Hearing Docket ("Hearing Docket") must also be separately filed with the undersigned, and serveduponthe opposing party. 4) Compliance with Court-OrderedDeadline Dates: Wheneverthe Judge orders the parties to file documents by a specific deadline date (see, e.g., paragraph 2 above) such deadline date is the date bywhichthe documents'mustbe datestampedreceived atthe Office ofHearings. To ensure compliance withthis and any future Orders setting deadlines, the parties are encouragedto fax orpersonally deliver a copy oftheir documents to the Office ofHearings (Fax: 202-366-7536), onorbefore the deadline date. ·Failure ofa party to timely file documents bythe court-ordered deadline could lead to the party's positionnotbeing considered.

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. j 5) Conflicts withthe Rule 16 Litigation Scheduling Conference Date: Ifa party has an unavoidable conflict withthe Scheduled Rule 16 Litigation Scheduling Conference set inparagraph 1

### supra, and wishes to modify the date/time ofthe scheduled Conference, the party shall first conferwith opposing counsel about mutually agreeable alternate dates, andthen contact Mr. Cody L. Smith, Attorney-Advisor atthe Office of Hearings (202-366-6941) as soon as possible after the receipt ofthis Order, with at leastthree (3) mutually-agreed, proposed alternate dates/times for the Judge's consideration.

Attachment: Service List

Page 3 of3Docket No. FAA-2015-0638 (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-Suit~** 2W1 000 1 ONE COPY

Mr. Deitrick H. Johnson 

### Complainant's Counsel Office ofthe Regional Counsel, AS0-7 Federal Aviation Administration, Southern Region 1701 Columbia Avenue College Park, GA 30337 TEL: 404-305-5200 FAX: 404-305-5223 Professional Flight Transport, Inc. 

### Respondent DBA Windsor Jet Management Lilley James, Agent for Service Executive Airport Business Center 1835 S. Perimeter Rd. Suite 120 Ft. Lauderdale, FL 33309 Judge J.E. Sullivan 

### U.S. Administrative Law Judge Office ofHearings, M-20 U.S. Department ofTransportation 1200 New Jersey Avenue, S.E. (Ell-310) Washington, DC 20590 TEL: 202-366-6941 FAX: 202-366-7536 Mr. Mark B. Goldstein 

### Respondent's Counsel 2700 N. Military Road, Suite 130 BocaRaton, FL 33431 TEL: 561-989-9955 FAX: 561-989-9966

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