In The Matter Of: 

## SERVED: AUGUST 27,2014
U.S. DEPARTMENT OFTRANSPORTATION OFFICE OFHEARINGS WASHINGTON, DC

DocketNo. PAA-2014-0119 SPIRIT AVIONICS, LTD. ) ) ) ) ) Case No. 2012-GL-07-0056 Respondent

ORDER SETTING LITIGATIONDATES AND PROCEDURES
On August 11, 2014, the parties appeared bytelephone for a Rule 16 Litigation Scheduling Conference, but noted that their Rule 26(f) Proposed Scheduling and Discovery Plan had been prepared, buthad not been filed. Later on August 11, 2014, an Order Granting Second Continuance ofthe Rule 16 Litigation Scheduling Conference was filed. Still later onAugust 11, 2014, the parties filed their Report ofRule 26(f) Planning Meeting. On August 27, 2014, the parties appeared by telephone for a Rule 16 Litigation

. Scheduling Conference, and discussed their calendaravailability, hearing dates, and other litigationprocedural matters. Pursuantto 14 C.P.R. §13.205(a)(l), (6) and (7), Civ. R. 16, 14 C.P.R. §13.217, and 14 C.P.R. §13.220, and after reviewing all relevant caselaw, regulation, statutory authority, and being fully advised;

ITIS HEREBY ORDERED: A. The litigation dates, discoveryprocedures, and hearing dates are hereby set as follows: 

### 1. September 12, 2014: Deadlinefor InitialDisclosures. To ensure that the parties have sufficient time to address all issues in dispute, on orbefore September 12, 2014 the parties shall serve each otherwith initial disclosures (as described in Civ. R. 26(a)(l)(A)(i), (ii), and (iii)) without waiting for a specific discovery request. 2. On orbefore September 12, 2014: GeneralDiscovery Initiated. Pursuantto 14 C.P.R. §13.220(a), the parties may immediatelybegin conducting general discovery. In orderto ensure full use ofthe discovery time allotted inthis case, the parties shall begin exchanging or serving general discovery requests on orbefore September 12, 2014, pursuant to 14 C.P.R. §13.220 (b), (c), (d) and (e). General discovery includes, but is not Page 1 of4limitedto: notices ofdeposition; requests for production ofdocuments; propounding interrogatories; requests for admission; etc. 3. Service oflnterrogatories. Pursuant to 14 C.F.R. §13.220(k)(l), a party shall not serve more than thirty (30) interrogatories upon each other. Each subpart ofan interrogatory shall be counted as a separate interrogatory.

a. Objection(s) to Interrogatories. Pursuantto 14 C.F.R. § 13.220(k), any objection inresponse to an interrogatory must include the reason(s) supporting the objection. 4. Motions to Limit Discovery upon Receipt ofDiscovery Request: A party served with a discovery request who seeks to limit discovery pursuant to 14 C.F.R. § 13.220(£), (g), and (h), shall file a Motion for Reliefwithin fifteen (15) days after service ofthe disputed discovery request.

a. Copy ofDisputed Discovery: Pursuantto 14 C.F.R. §13.220(b), only a copy of the disputed discovery, in support ofthe motion, should be attachedto the Motion orthe Response. b. The Motion should include a declaration by the moving party, confirming that the movanthas already conferred or attempted to confer in good faith with the opposingpartyregarding the disputed discovery or disclosure, to try andresolve the matter informally, priorto seeking court relief.

c. Response to Motion to Limit Discovery. Any Response to the Motion should be filed no laterthan ten (10) days after service ofthe Motion. 5. Retained/Hired or Employee Expert Witness Disclosures. Ifaparty retains orhires a witness to provide expert testimony, or a party intends to utilize the testimony ofan employee whose duties regularly involve giving experttestimony

- then theparty intending to offer suchwitness shall disclose this retained or employee expert witness to the opposing side as follows:

a. Deadline for FAA Disclosure: November 14, 2014. b. Deadline for Respondent Disclosure: January 15, 2015 The expert witness disclosure shall include the name ofthe witness, the witness's resume or qualifications, and the witness's written report or statement ofopinion (including disclosure ofthe basis ofthat opinion).
6. Motions to Compel Discovery: A party seeking to compel discovery must file a Motion to Compel within fifteen (15) days after service ofa deficient response or after the response to the discovery is due, whichever occurs first.

Page 2 of5a. Procedure for Motion: AnyMotion and/or Response to Compel Discovery·shall befiled inthe same manner as directed above for Motions to Limit Discovery (paragraph4 and 4 (a)-(c)). 7. January 31, 2015: Deadline for Completing Document Discovery. On orbefore January 31, 2015, the parties shall finish responding and serving answers to all general discovery requests pursuant to 14 C.F.R. §13.220. 8. March 31,2015: Deadline for Completing Depositions. On orbefore March 31, 2015, the parties shall finish thetaking ofdepositions pursuant to 14 C.F.R. § 13.220G). 

### 9. Duty to Supplement orAmend Discovery: Pursuant to 14 C.F.R. § 13.220(i), a party who has responded to a discovery request in this case has a duty to supplement oramend the response throughout the litigationperiod, as soon as the information is known. 10. June 1, 2015: Deadlines for Filing Dispositive Motion(s). The last date for both parties to file any/all pre-hearing dispositive motions, including DefaultMotions and/or SummaryJudgmentMotions. a) June 22, 2015: Deadline for filing Answerto Dispositive Motion(s); b) July 13, 2015: Deadline for filing Reply (ifany). 11. Telephone Conference: August 11,2015 (10:00 a.m.-11:30 a.m. ET). The parties shall convene by telephone for oral argument on any filed dispositive motions on August 11, 2015 (10:00 a.m.-11 :30 a.m. ET). N.B. Ifthe parties do not file dispositive motions, then this Telephone Conference will be automatically converted and held as a Pre-Hearing Status Conference. 12. September 15,2015: List ofWitnesses/Exchange ofExhibits. On orbefore September 15, 2015, the parties will serve and file the following: a) A list ofthe witnesses the party intends to call; b) A short statement ofthe testimony expected from each such witness; c) The resume ofeach witness who will be offered as an expert; d) The documents the partyintends to offer inevidence (pre-marked as noted in paragraphE, infra); and e) An index cover sheet with a briefdescription ofeach document. 13. September 15, 2015: Written Stipulations and/or Agreed Motions 

### in Limine. On or before September 15, 2015, the parties shall file any written stipulationsthat narrow the factual or legal issues, and/orthat are agreed Motions in Limine. 14. October 20, 2015- October22,2015: Hearing Dates. Based ontheparties' agreement, the Hearingwill take 3 days or less. The Hearing will begin on Tuesday, October 20, 2015 (9:00a.m-5:00p.m. ET) in Columbus, Ohio. The Hearing will continue onWednesday, October 21,2015, and end onThursday, October 22, 2015 (9:00 a.m.-5:00p.m. EST). The specific location ofthe Hearing will be provided to the parties priorto the Hearing.
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B. Discovery Requests and Exchanges: Discovery requests and exchanges need not be filed with the Office ofHearings, except as part ofa motionregarding limited discovery, disputed discovery, or as partofa motionto compel discovery. C. Failure to Move for Timely Relief/Late Service ofDiscovery: The failure to timely respond to discovery requests, and/orto timely move for relief regarding discovery disputes during the discovery period, may result in a finding that the party has, through its actions, waived its right to relief. Late service ofdiscovery requests may also be grounds for denial ofa motionto compel compliance with suchrequests. D. Scheduling Motion orPre-Hearing Conferences onthe Judge's Calendar: Priorto the Hearing date(s), ifa party wishes to schedule oral argument on any motion, or set up any type ofpre-hearing telephone conference onthe Judge's calendar, the party shall first confer with opposing counsel about mutually agreeable alternate dates. The movant shall next contact Mr. Cody 

### L. Smith, Attorney-Advisor, at the Office ofHearings (202-366-6941) as soon as possible, with at least three (3) mutually-agreed, proposed alternate dates/times for the Judge's consideration. E. Exhibits Brought to the Hearing: Each party must bring to the Hearing at least three copies ofany documents it intends to offer in evidence as exhibits (two for the Judge and one for the court reporter). The exhibits must have an index cover sheet, and should be pre-marked. Complainant's exhibits should be marked "C-1," "C-2," "C-3," etc. Respondent's exhibits shouldbe marked "R-1," R-2,'' "R-3," etc. F. Examination Process atthe Hearing: At the Hearing, there will be the opportunity for direct examination, cross-examination, and redirect examination ofeach witness. Only one representative ofa party may direct or cross-examine a witness on behalfofthat party. Pursuantto 14 C.P.R. §13.205 and 14 C.P.R. §13.222, the Federal Rules ofEvidence will be utilized as a guideline in determining the admission ofall evidence. G. Attorney Withdrawal: Pursuant to 14 C.P.R. §13.218, an attorney who wishes to withdraw from representing a party must file a Motionto Withdraw. In this Motion, the attorney shall confirm the following:

a. The date the Respondent was served with written notice ofthe attorney's intentto withdraw; b. The name ofthe designated agent/lay representative ifthe Respondent in the action is a business entity; c. ·The current business address, telephone number, and fax number ofthe Respondent and ofits designated agent; d. A statement thatthe Respondenthas been notified in writing ofthe pendinghearing dates in this litigation, as well as the pending pre-hearing discovery deadlines and telephone conferences; and
Page 4 of5e. A statementthat the Respondent hasbeenprovided a copy ofall Orders issued inthis litigation, as well as any other legal documents to which the Respondent is entitled. H. Court Filing ofExhibits with the Hearing Docket: All Exhibits that the parties have moved for admission during the Hearing will be attached to the courttranscript and filed by the courtreporter. I. Requests for Modification ofthis Order: Any requests for modification ofthe litigation dates and procedures set forth inthis Order should be made by written Motion. The parties may also file an agreed writtenrequest. J. Clarification or Questions: For clarifications ofthis order or questions with regard to the procedures to be followed in this case, please contact Mr. Cody L. Smith, Attorney-Advisor, at the Office ofHearings (202-366-6941).

Attachment: Service List

Page 5 of5SERVICE LIST- BY U.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-Suite2W1000 1

Ms. Kate Barber 

### Complainant's Counsel Federal Aviation Administration, AGL-7 2300 East Devon Avenue Des Plaines, IL 60018-4696 TEL: 847-294-7862 FAX: 847-294-7498 Mr. Jerry A. Eichenberger 

### Respondent's Counsel EICHENBERGER & ASSOCIATES 6037 Frantz Road, Suite 107 Dublin, OH 43017 TEL: 614-798-1600 FAX: 614-798-1620
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 FAX: 202-366-7536 DocketNo. FAA-2014-0119 (Civil Penalty Action)

1 Service was by U.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.