In The Matter Of: GARY CARROLL Respondent 

## SERVED: AUGUST 4, 2015 U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS WASHINGTON, DC ,_;;iJ ) ) ) ) ) DocketNo. FAA-2014-0547 Case No. 2012S0150142



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



### CONFERAND FILEA RULE 26(f) PROPOSED DISCOVERY PLAN 1) Ru1e 16 Litigation Scheduling Conference: Pursuantto 14 C.F.R. § 13.205 and Civ. R. 16, the parties shall appear by telephone on 

### Thursday, November 5, 2015, at 10:00 a.m. Eastern time for a Rule 16 Litigation Scheduling Conference. During this Conference the parties will discuss the issues inthe dispute, their jointly submittedproposed 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 planwill 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(f) Planning Meeting and Submission ofProposed Discovery Plan: Pursuantto 14 C.F.R. § 13.205(a)(6) and Civ. R. 26(f),priorto convening withthe Judge for the Ru1e 16 Litigation Scheduling Conference, the parties shall privately conduct a Rule 26(f) planning meeting andprepare ajointly writtenproposed scheduling/discovery plan, whichmust be completed and filed withthe undersigned Judge 

### on orbefore Thursday, October29,2015 (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 aboutthe nature and basis ofeach party's claims, the possibility ofresolving all orpart 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.P.R. § 13.217 and Rule 26(f)(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 in phases to prepare for any filing ofparticularmotions (e.g., limiting scope oftrial, dispositive motions, etc.). The proposed discovery deadlines inthe parties' 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 by the Judge during the Rule 16 Litigation Scheduling Conference.
3) Filing and Serving Documents: Pursuantto 14 C.P.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 upon the 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 bywhichthe documents mustbe datestamped received at the Office ofHearings. To ensure compliance with this and any future Orders setting deadlines, the parties are encouragedto fax or personally deliver a copy oftheir documents to the Office ofHearings (Fax: 202-366-7536), on orbefore the deadline date. Failure ofa partyto timely file documents by the court-ordered deadline could lead to the party's position notbeing considered.

Page 2 of 35) Conflicts with the Rule 16 Litigation Scheduling Conference Date: Ifa partyhas anunavoidable conflict with the Scheduled Rule 16 Litigation Scheduling Conference set inparagraph 1 supra, and wishes to modify the date/time ofthe scheduled Conference, the party shall first confer with opposing counsel about mutually agreeable alternate dates, and then contact 

### Mr. Cody L. Smith, Attorney-Advisor at the 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 3 of3SERVICE LIST- BY U.S. MAIL ORIGINAL & ONE COPY Federal AviationAdministration 800 Independence Avenue, S.W. Washington, DC 20591 Attention: Hearing Docket Clerk, AGC-430 Wilbur Wright Building-Suite 2W1000 1

Ms. AndreaMichelle Harper 

### Complainant's Counsel Federal Aviation Administration Office ofthe Regional Counsel, AS0-7 Southern Region 1701 ColumbiaAvenue College Park, GA 30337 TEL: 404-305-5200 FPCK: 404-305-5223 Mr. Gary D. Carroll 

### Respondent P.O. Box 1163 Highland City, FL 33846 Judge J.E. Sullivan 

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

1200 NewJersey Avenue, S.E. (Ell-310) Washington, DC 20590 TEL: 202-366-6941 FPCK: 202-366-7536 DocketNo. FAA-2014-0547 (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-Suite 2W1000, Washington, DC 20591; Attention: Hearing Docket Clerk, AGC-430.