In The Matter Of: 

## SERVED: JUNE 2, 

## 2015 U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS WASHINGTON, DC

Docket No. FAA-2015-0205 JAMES JUAQUIN JORDAN ) ) ) ) ) Case No. 2014SW700104 Respondent

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

CONFERAND FILE A RULE 26(f) PROPOSEDDISCOVERYPLAN 1) Rule 16 Litigation Scheduling Conference: Pursuant to 14 C.F.R. § 13.205 and Civ. R. 16, the parties shall appear bytelephone on Tuesday, August 4, 2015, at 10:00 a.m. Easterntime for a Rule 16 Litigation Scheduling Conference. During this Conference the parties will discuss the issues inthe dispute, their jointly submittedproposed scheduling/discoveryplan (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 otherrelated matters pursuant to 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: Pursuantto 14 C.F.R. 

### § 13.205(a)(6) and Civ. R. 26(f),pridr to convening withthe Judge for the Rule 16 Litigation Scheduling Conference, the parties shall privately conduct a Rule 26(f) planning meeting and prepare ajointly written proposed scheduling/discovery plan, whichmust be completed and filed withthe undersigned Judge on orbefore Tuesday, July 28,2015 (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(f) planning meeting shall include a good faith discussion about the nature and basis ofeach party's claims, the possibility ofresolving all or part ofthe case, the scope and type 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 Ru1e 26(£)(2) and (3) as part ofdeveloping their proposed scheduling/discovery plan. The parties' planning meeting should also include discussion aboutthe sequence and timing offollow-up discovery, including whether that discovery should be conducted inphases to prepare for any filing ofparticu1ar motions (e.g., limiting scope oftrial, dispositive motions, etc.). The proposed discovery deadlines in the parties' proposed scheduling/discoveryplan shouldbe 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 ("Hearing Docket") must also be separately filed with the undersigned, and served uponthe opposing party. 4) Compliance with Court-Ordered Deadline Dates: Whenever the 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 datestampedreceived at the Office ofHearings. To ensure compliance withthis and any future Orders setting deadlines, the parties are encouraged to fax or personally deliver a copy oftheir documents to the Office ofHearings (Fax: 202-366-7536), on or before the deadline date. Failure ofa party to timely file documents by the court-ordered deadline could leadto the party's position notbeing considered.

Page 2 of35) Conflicts withthe Rule 16 Litigation Scheduling Conference Date: Ifa party has anunavoidable 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, and then contact Mr. Cody L. Smith, Attorney-Advisor atthe Office of Hearings (202-366-6941) as soon as possible afterthe receipt ofthis Order, with at least three (3) mutually-agreed, proposed alternate dates/times for the Judge's consideration.

Judge J. U.S. Administrative Law Judge

Attachment: Service List

Page 3 of 3SERVICE 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-Suite2W1000 1



### Ms. Rebecca Holmes Complainant's Counsel 

### Federal Aviation Administration Office ofthe Regional Counsel (ASW-7) 2601 Meacham Blvd. Fort Worth, TX 76137 TEL: 817-222-5064 FAX: 817-222-5945/5092 

### Mr. James Juaquin Jordan Respondent 

### 11980 Carriage Park Lane Johns Creek, GA 30097 Judge J.E. Sullivan US. AdministrativeLawJudge 

### Office ofHearings, M-20 U.S. Department ofTransportation ONE COPY



### 1200 NewJersey Avenue, S.E. (Ell-310) Washington, DC 20590 TEL: 202-366-6941 FAX: 202-366-7536 DocketNo. FAA-2015-0205 (Civil Penalty Action)

1 Service was byU.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-Suite2W1000, Washington, DC 20591; Attention: Hearing Docket Clerk, AGC-430.