In The Matter Of: 

## SERVED: March 22,2017 U.S. DEPARTMENT OF**TRANSPOR~KR1'J1MENT** 

## OF OFFICE OF HEARINGS TRANSPORTATION WASHINGTON, DC 

## lUll MAR 2 3 

## p 

## 3: 53 

## DOCKET OPERf\TIONS DocketNo. FAA-2015-3306 FEDERAL EXPRESS ) ) ) ) ) Case No. 2015NM720020 Respondent



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

CONFERAND FILE A RULE 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 

### Thursday, May 18,2017, 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 infra) and respond to any questions regarding disagreements not resolved inthe 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 888-278-0296, and when prompted, entering access code 5851842. 2) Parties' Rule 26(f) Planning Meeting and Submission ofProposed Discovery Plan: Pursuant to 14 C.F.R. 

### § 13.205(a)(6) and Civ. R. 26(f),priorto convening withthe Judge for the Rule 16 Litigation Scheduling Conference, the parties shall privately conduct a Rule 26(f) planning meeting and prepare ajointlywritten proposed scheduling/discovery plan, whichmust be completed and filed withthe undersigned Judge 

### on orbefore Thursday, May 11, 

### 2017 (i.e. at least seven (7) calendar days before the Conference).The attorneys ofrecord and all unrepresented parties arejointlyresponsible for arranging the Rule 26(f) conference, and for attempting ingood faith to agree onthe 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 and type ofdiscovery (including electronic discovery) andthe 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/discovery plan. Theparties' planning meeting should also include discussion about the sequence and timing offollow-up discovery, including whether that discovery should be conducted inphases to prepare for any filing ofparticular motions (e.g., limiting scope oftrial, dispositive motions, etc.). Theproposed discovery deadlines intheparties' proposed scheduling/discovery plan 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: Pursuant to 14 C.F.R. 

### § 13.211(a), a copy ofany document a party files withthe Federal Aviation Administration Hearing Docket ("Heaiing Docket") must also be separately filed with the undersigned, and served uponthe opposing party. 4) Compliance with Court-Ordered Deadline 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 bywhich the documents must be date- · stamped received 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), on orbefore the deadline date.

Page 2 of3Failure ofa party to timely file documents bythe court-ordered deadline could leadto the party's positionnotbeing considered. 5) Conflicts withthe Rule 16 Litigation Scheduling Conference Date: Ifa party has an unavoidable conflict with the Scheduled Rule 16 Litigation Scheduling Conference set inparagraph 1 

### supra, and wishes to modifythe date/time ofthe scheduled Conference, 

### the party shall first conferwith opposing counsel about mutually agreeable alternate dates, and then contact Mrs. Kelly Ort, Judicial StaffAssistant, atthe Office of Hearings (202-366-5121) as soon as possible after the receipt ofthis Order, with at least three (3) mutually-agreed, proposed alternate dates/times for the Judge's consideration.

Attachment: Service List

Page 3of3

### Docket No. FAA-2015-3306 (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-Suite 2W1000 1



### Mr. David F. Shayne Complainant's Counsel Federal Aviation Administration Northwest Mountain Region, ANM-7 1601 Lind Ave., S.W. Renton, W A 98057 TEL: 425-227-1847 FAJ(: 425-227-1007 Mr. Greg G. Stofko Respondent's Counsel Federal Express, Legal Department ONE COPY



### 1700 PennsylvaniaAvenue, N.W., Suite 950 Washington, D.C. 20006 TEL: 202-393-9285 FAJ(: 202-628-0654 Judge J.E. Sullivan US. Administrative LawJudge U.S. Department ofTransportation Office ofHearings, M-20 1200 NewJersey Avenue, S.E. (Ell-310) Washington, DC 20590 TEL: 202-366-6941 FAJ(: 202-366-7536

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 2Wl000, Washington, DC 20591; Attention: Hearing Docket Clerk, AGC-430.