## SERVED: AUGUST 4, 2015 U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS WASHINGTON, DC /U\:i
In The Matter Of: HORTMAN AVIATION SERVICES, INC. Respondent ) ) ) ) ) ) DocketNo. FAA-2015-0635
Case No. 2010EA170043

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

CONFERAND FILEA RULE 26(t) PROPOSED DISCOVERYPLAN 1) Rule 16 Litigation Scheduling Conference: _)J

Pursuant to 14 C.P.R. § 13.205 and Civ. R. 16, the parties shall appearbytelephone on Thursday, November 5, 2015, at 1:30 p.m. Easterntime for a Rule 16 Litigation Scheduling Conference. Duringthis Conference the parties will discuss the issues inthe 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 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: Pursuant to 14 C.P.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 ajointly written proposed scheduling/discovery plan, whichmust be completed and filed with the 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 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 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 aboutthe 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 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 proposed plan, so that these 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 with the 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 ordersthe parties to file documents by a specific deadline date (see, e.g., paragraph 2 above) such deadline date is the date bywhich the documents mustbe datestamped received at the Office ofHearings. To ensure compliance withthis and any future Orders setting deadlines, the parties are encouraged to fax orpersonally 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 withthe Rule 16 Litigation Scheduling Conference Date: Ifa partyhas 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 confer with opposing counsel about mutually agreeable alternate dates, andthen 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 of3!**~**

SERVICE LIST- BY 

### U.S. MAIL



### Federal Aviation Administration 800 Independence Avenue, S.W. Washington, DC 20591 ORIGINAL & ONE COPY



### Attention: Hearing Docket Clerk, AGC--430 Wilbur Wright Building-Suite 2W1000 1



### Mr. Christian Lewerenz Complainant's Counsel ONE COPY



### Office ofRegional Counsel, Eastern Region Federal Aviation Administration 1Aviation Plaza Jamaica, NY 11434 TEL: 718-553-3273 FAX: 718-995-5699 

### Mr. H.M. Hortman, President Hortman Aviation Services, Inc. Respondent 9800 Ashton Road Philadelphia, PA 19114 TEL: 215-969-0311 FAX: 215-677-6408 Judge J.E. Sullivan US. AdministrativeLawJudge Office ofHearings, M-20 U.S. Department ofTransportation 1200 NewJersey Avenue, S.E. (Ell-310) Washington, DC 20590 TEL: 202-366-6941 FAX: 202-366-7536 DocketNo. FAA-2015-0635 (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.