In The Matter Of: 

## SERVED AUGUST 9, 2012 •l:..P/\RTMENT OF V\hlSPORTATION U.S. DEPARTMENT OF**TRANSPORTATION~)C:!<ET** 

## OPERATIONS OFFICE OF HEARINGS WASHINGTON, DC

Docket No. PAA-2012-0781 

### lil!Z

BRAILLE BATTERY, INC ) ) ) ) ) ) Case No. 2011 SO 700298 Respondent



### ORDER SETTING RULE 16 LITIGATION SCHEDULING**CONFE~NCE,** 

### AND · DIRECTING RULE 26(f) PLANNING AND SUBMISSION 1) Rule 16 Litigation Scheduling Conference: Pursuant to 14 C.P.R. §13.205(a)(1) and 

### (7) and Civ. R. 16, the parties shalfappear bytelephone on 

### Thursday, November 1, 2012 at ll:OOam Eastern**t~me** for a Rule 16 Litigation Scheduling Conference. During this Conference the parties will discuss the issues in the dispute, theirjointly submitted proposed scheduling/discovery plan (see paragraph 2 infra) and respond to any questions regarding disagreements not resolved in the proposed plan. Duriilg the Conference a final scheduling/discovery plan will be ruled upon, as well as any other related matters pursuant to Rule 16(c). The Office ofHearings will initiate the Conference bytelephone call, contacting each party at the party's telephone number ofrecord. A party mayprovide an alter-

...**~-·** . nate number by notifying the Office ofHearings afleast 24 hours prior to the Conference.

- 2) Rule 26(t) Attorneys' Planning Meeting, and Submission ofProposedDiscoveryPlan: Pursuant to 14 C.P.R. §13.217 and Civ. R. 26(f),priorto convening with the Judge for the Rule 16 Litigation Scheduling Conference, the parties shall ptivately conduct a Rule 26(f) planning meeting and prepare ajointlywritten proposed scheduling/discoveryplan, which must be · completed and filed with the undersigned Judge on orbefore 

### Thursday, October25, 2012 (i.e., seven (7) calendar days before the Cqnference). In additionto filing the proposed schedul-
. ing/discovery plan by regular mail filing with the U.S. Department ofTransportation's Docket Page 1 of2 \Office,the partiesshall file a working copy ofthe scheduling/discoveryplan with the undersigned Judge at the Office ofHearings by fax, express carrier, or personal delivery. The certificate ofservice should reflect the manner ofservice. The parties' Rule26(f) planning meeting shall include a good faith discussion about the na.,. ture and basis ofeach party'sclaims,' 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(£)(2) and (3) as part ofdevelopingtheir proposed scheduling/discovery plan. The parties' planning meeting should also include discussion about the sequence andtiming offollow-up discovery, including whether that discovery should be conducted in phases to preparefor any filing ofparticular motions (e.g.,Jimiting scope oftrial, dispositive motions, etc). The deadlines inthe parties' proposed scheduling/discovery plan should be mutually agreeable, with a view to achieving case resolution with a minimum ofexpense and delay. Any unresolved

. scheduling/discovery disputes should be clearly identified in the proposed discovery.plan,

so that these disputes may be addressed by the Judge during the Rule 16 Litigation Scheduling Conference. 3) Conflictswith Rule 16 Litigation Scheduling Conference Date:· Ifa party has an unavoidable conflict with the scheduled Rule 16 Litigation Scheduling Conference set in paragraph 1 

### supra, and wishes to modify the date/time ofthe scheduled Conference, the party shall first confer withopposing counsel about mutually agreeable alternate dates, and then contact C. Diane Mays at the Office ofHearings (202-366-213f) as soon as pos- , 

### .. sible after receipt ofthis Order, with at least three (3) mutually-agreed, proposed alternate dates/times for the Judge's consideration.

Attachment: Service List

Page 2 of2

### SERVICE LIST- BYU.S. MAIL ORIGINAL & ONE COPY Federal A'Tiation Administration 800 Independence Avenue, S.W; · Washington, DC 20591 Attention: Bearing Dpcket Clerk, AGC----430

_Wilbur WrightBuilding-Suite 2Wl000 1

Charles Fletcher, Respondent's Counsel -·

- Gray-Robinson, P.A. ·

201 N.-Franklin St., Suite 2200 Tampa, FL 33602 TEL: 813-273-5000 FAX:
_ 813-273-5145 Gerald A. Ellis, Complainant's Counsel Office ofthe Regional Counsel, AS0-7 Southern Regio1;1 Federal AviationAdministration P.O. Box 20636 Atlanta, GA 30320 TEL: 404-305-5200 FAX: 404-305-5223 

### ONE COPY

The Honorable J.E. Sullivan,AdministrativeLawJudge 

### Office ofHeari:rigs, M-20**~**

### ....**~~** U.S. Department ofTransportation · 1200 NewJersey Avenue, S.E. (Ell-310) Washington,' DC 20590 TEL: 202-366-2132 FAX: 202-366-7536 

### FDMS l'Jo. FAA-2012-{P'/'81: (CivHPenahy 

### .Actip.n)



### -. 'e'fl>

1 Service was by U.S. Mail. For service 

### iri person orby expedited courier, use the following address: Federal Aviation Administration, 600 In4ependence Avenue, S.W., Wilbur WrightBuilding-Suite 2WlOOO, Washington, DC 20591; Atterttion: Hearing Docket Clerk, AGC-430.