## SERVED: December 8, 2014
U.S. DEPARTMENT OF TRANSPORTATION

In The Matter Of: JETBLUE AIRWAYS CORPORATION Respondent 

### OFFICE OF HEARINGS WASHINGTON, DC ) ) ) ) ) ) DocketNo. FAA-2014-0813

Case No. 2012EA150022



### ORDER SETTING RULE 16 LITIGATION SCHEDULING CONFERENCE AND DIRECTING RULE 26(f) PLANNING AND SUBMISSION 1) Rule 16 Litigation Scheduling Conference: Pursuant to 14 C.F.R. 

### § 13.205(a)(1) and (7) and Civ. R. 16, the parties shall appear by telephone on

### Tuesday, February 10,2015, at 1:30 p.m. Easterntime for a Rule 16 Litigation Scheduling Conference. During this Conference the parties will discuss the issues inthe dispute, theirjointly submittedproposed scheduling/discovery plan (see paragraph 2 infra) and respond to any questions regarding disagreements notresolved inthe proposed plan. During the Conference a final scheduling/discoveryplan will be ruled upon, as well as any otherrelated matters pursuantto Rule 16(c). The parties shall access the Conference by dialing 202-493-2343.
2) Parties' Rule 26(f) Planning Meeting and Submission ofProposed Discovery Plan: Pursuant to 14 C.F.R. § 13.217 and Civ. R. 26(f),priorto convening with the Judge for the Rule 16 Litigation Scheduling Conference, the parties shall privately conduct a Rule 26(f) planning meeting andprepare ajointly written proposed scheduling/ discovery plan, which must be completed and filed withthe undersigned Judge on orbefore 

### Tuesday, February 3, 

### 2015 (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 in good faith to agree onthe proposed discovery plan.The parties' Rule 26(±) planning meeting shall include a good faith discussion about the nature and basis ofeach party's claims, the possibility ofresolving all orpart ofthe case, the scope andtype 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(±)(2) and (3) as part ofdeveloping their proposed scheduling/discovery plan. The parties' 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). The deadlines in theparties' proposed scheduling/discovery plan should be mutually agreeable, with a viewto achieving case resolution with a minimum ofexpense and delay. Anyunresolved scheduling/discovery disputes should be clearly identified in the proposed plan, so thatthese disputes may be addressed by the Judge during the Rule 16 Litigation Scheduling Conference. In additionto filing the proposed scheduling/discovery plan byregular mail filing withthe Federal Aviation Administration Hearing Docket Clerk, the parties shall file a working copy of the scheduling/discovery plan with the undersigned Judge at the Office ofHearings by fax, express carrier, or personal delivery. The certificate ofservice should reflect the manner of service.
3) Conflicts with Rule 16 Litigation Scheduling Conference Date: Ifa party has an unavoidable conflict with the Scheduled Rule 16 Litigation Scheduling Conference setinparagraph 1supra, and wishes to modify the date/time ofthe scheduled Conference, the party shall first conferwith opposing counsel about mutually agreeable alternate dates, and then 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 least three (3) mutually-agreed, proposed alternate dates/times for the Judge's consideration.

Attachment: Service List

Page 2 of2SERVICE 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. ChristianLewerenz 

### Complainant's Counsel ONE COPY

Office ofRegional Counsel, Eastern Region Federal Aviation Administration 1 AviationPlaza Jamaica, NY 11434 TEL: 718-553-3258 FAX: 718-995-5699 Mr. Michael Carbone 

### Respondent's Counsel JetBlue- Associate General Counsel 27-01 Queens PlazaNorth Long Island City, NY 11101 TEL: 718-709-2276
Judge J.E. Sullivan 

### US. AdministrativeLawJudge Office ofHearings, M-20 U.S. Department ofTransportation 1200NewJersey Avenue, S.E. (Ell-310) Washington, DC 20590 TEL: 202-366-6941 FAX: 202-366-7536 DocketNo. FAA-2014-0813 (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 2Wl000, Washington, DC 20591; Attention: Hearing Docket Clerk, AGC-430.