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 

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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 shalf appear by telephone 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, 

their jointly 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 by telephone call, 

contacting each party at the party's telephone number of record. A party may provide an alter- ... ~-· . 

nate number by notifying the Office of Hearings 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),prior to convening with the Judge for the 

Rule 16 Litigation Scheduling Conference, the parties shall ptivately conduct a Rule 26(f) planning meeting and prepare a jointly written proposed scheduling/discovery plan, which must be · 

completed and filed with the undersigned Judge on or before Thursday, October 25, 2012 (i.e., 

seven (7) calendar days before the Cqnference ). In addition to filing the proposed schedul- . 

ing/discovery plan by regular mail filing with the U.S. Department of Transportation's Docket 

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Office, the parties shall file a working copy ofthe scheduling/discovery plan with the undersigned Judge at the Office of Hearings by fax, express carrier, or personal delivery. The certificate of service should reflect the manner of service. 

The parties' Rule26(f) planning meeting shall include a good faith discussion about the na.,. 

ture and basis of each party's claims,' the possibility of resolving all or part of the case, the scope 

and type of discovery (including electronic discovery) and the place of venue 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 of developing their proposed scheduling/discovery plan. 

The parties' planning meeting should also include discussion about the sequence and timing 

of follow-up discovery, including whether that discovery should be conducted in phases to preparefor any filing of particular motions (e.g.,Jimiting scope of trial, dispositive motions, etc). 

The deadlines in the parties' proposed scheduling/discovery plan should be mutually agreeable, 

with a view to achieving case resolution with a minimum of expense 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) Conflicts with Rule 16 Litigation Scheduling Conference Date:· 

If a 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 of the scheduled Conference, the party shall first confer with opposing counsel about mutually agreeable alternate 

dates, and then contact C. Diane Mays at the Office of Hearings (202-366-213f) as soon as pos- , .. 

sible after receipt of this 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- BY U.S. MAIL 

ORIGINAL & ONE COPY 

Federal A'Tiation Administration 

800 Independence Avenue, S.W; · 

Washington, DC 20591 

Attention: Bearing Dpcket Clerk, AGC----430 

_ Wilbur Wright Building-Suite 2Wl 0001 

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 of the Regional Counsel, AS0-7 

Southern Regio1;1 

Federal Aviation Administration 

P.O. Box 20636 

Atlanta, GA 30320 

TEL: 404-305-5200 

FAX: 404-305-5223 

ONE COPY 

The Honorable J.E. Sullivan, Administrative Law Judge 

Office ofHeari:rigs, M-20 ~ .... ~~ 

U.S. Department of Transportation · 

1200 New Jersey 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) 

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Service was by U.S. Mail. For service iri person or by expedited courier, use the following address: Federal 

Aviation Administration, 600 In4ependence Avenue, S. W., Wilbur Wright Building-Suite 2WlOOO, Washington, DC 20591; Atterttion: Hearing Docket Clerk, AGC-430.