InThe Matter Of: 

## SERVED: October 28, 2014
U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS WASIDNGTON, DC

DocketNo. FAA-2014-0553 SPIRIT AIRLINES, INC. ) ) ) ) ) Case No. 2013S0290008 Respondent ,.t_

ORDER SETTING RULE 16 LITIGATION SCHEDULING CONFERENCE AND DIRECTING RULE 26(f) PLANNING AND SUBMISSION 1) Ru1e 16 Litigation Schedu1ing Conference: Pursuantto 14 C.F.R. 

### § 13.205(a)(l) and (7) and Civ. R. 16, the parties shall appearby telephone on

### Wednesday, January 14,2015, at 1:30 p.m. Eastern time for a Ru1e 16 Litigation Schedu1ing Conference. During this Conference the parties will discuss the issues in the dispute, theirjointly submitted proposed schedu1ing/discovery plan (see paragraph 2 infra) and respond to any questions regarding disagreements notresolved inthe proposed plan. During the Conference a final schedu1ing/discovery plan will beru1ed upon, as well as any otherrelated matters pursuant to Ru1e 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. 

### § 13.217 and Civ. R. 26(f),prior to convening withthe Judge for the Ru1e 16 Litigation Schedu1ing Conference, the parties shall privately conduct a Rule 26( f) planning meeting andprepare ajointly written proposed schedu1ing/ discovery plan, whichmust be completed and filed withthe undersigned Judge on orbefore 

### Wednesday, January 7, 

### 2014 (i.e. at least seven (7) calendar days before the Conference). The attorneys ofrecord and all unrepresented parties arejointlyresponsible for arranging the Ru1e 26(f) conference, and for attempting in good faith to agree onthe proposed discovery plan. The parties' Ru1e 26(f) planning meeting shall include a good faith discussion about the nature and basis ofeachparty's claims, the possibility ofresolving all orpart ofthe case, thescope 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 Ru1e 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 inphases to prepare for any filing ofparticular motions (e.g., limiting scope oftrial, dispositive motions, etc). The deadlines inthe parties' proposed scheduling/discovery plan should be mutually agreeable, with a viewto achieving case resolution with a minimum ofexpense and delay. Any unresolved scheduling/discovery disputes should be clearly identified in the proposed plan, so that these disputes may be addressed by the Judge during the Rule 16 Litigation Schedu1ing Conference. In addition to filing the proposed scheduling/discovery plan byregu1ar mail filing with the Federal Aviation Administration Hearing Docket Clerk, the parties shall file a working copy of the scheduling/discovery planwith the undersigned Judge atthe Office ofHearings by fax, express carrier, orpersonal**delivery~** The certificate ofservice. shou1d reflect the manner of service.
3) Conflicts withRule 16 Litigation Scheduling Conference Date: Ifa partyhas an unavoidable conflict with the Scheduled Rule 16 Litigation Schedu1ing 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 contactMr. 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- BYU.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. Ryan Landers 

### Complainant's Counsel Office ofthe Regional Counsel, AS0-7 Southern Region Federal Aviation Administration 1701 ColumbiaAvenue College Park, GA 30337 TEL: 404-305-5200 FAX: 404-305-5223 Spirit Airlines, Inc., 

### Respondent ONE COPY

c/o Mr. Bruce W. Joseph, Director, Regulatory Compliance 

### Respondent's Representative 2800 Executive Way Miramar, FL 33025 TEL: 954-628-4909 FAX: 248-727-1763
Judge J.E. Sullivan 

### US. Administrative LawJudge Office ofHearings, M-20 U.S. Department ofTransportation 1200 NewJersey Avenue, S.E. (E11-310) Washington, DC 20590 TEL: 202-366-6941 FAX: 202-366-7536 .DocketNo. FAA-2014-0553 (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 2W1000, Washington, DC 20591; Attention: Hearing Docket Clerk, AGC-430.