U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, de 

FEDERAL AVIATION ADMINSTRATON ) 

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Complainant, 

FELTS FIELD AVIATION 

Respondent. 

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Docket No. FAA-2015-3307 

Case No. 2015WP910090 

Hon. J.E. Sullivan 

JOINT PROPOSED SCHEDULING AND DISCOVERY PLAN 

Pursuant to the Court's Order of February 24, 2016, and Civ. R. 26(f), Respondent's 

counsel, Mark J. Conlin, and FAA Counsel, Robert Spitzer, conferred on April 1, 2016. 

The parties, through their respective counsel, jointly propose to the following scheduling 

and discovery order agreed upon by the Parties. 

In accordance with Civ. R. 26(f)(2), the parties have considered the nature and basis of 

their claims and defenses and the possibilities for promptly settling or resolving the 

case. Arrangements for the disclosures required by Rule 26(a)(1) will be outlined 

below. There are no issues about preserving discoverable information. The proposed 

discovery plan is: 

1. May 31, 2016- deadline for filing general discovery requests, including but not 

limited to: taking depositions; serving and answer requests for production of 

documents; interrogatories; requests for admissions; etc. 
2. June 15, 2016 - Expert witness disclosures (for any expert witness to be called 

at hearing), including the witness's resume or qualifications, and the witness's 

written report or statement of opinion (including disclosure of the basis of the 

opinion). 

3. June 30, 2016- Deadline for Completing General Discovery- On or before June 

10, 2016, the parties shall finish responding and serving answers to all general 

requests pursuant to 14 CFR Section 13.220. This includes the taking of 

depositions, pursuant to 14 CFR Section 13.2200)-

4. July 31, 2016- Deadlines for Filing Dispositive Motions. The last date for both 

parties to file any/all pre-hearing dispositive motions, including Default Motions 

and/or Summary Judgment Motions. 

a. August 15, 2016: Deadline for filing answers to dispositive motions. 

b. August 31, 2016: Deadline for filing Reply. 

c. September 15, 2016: Oral argument on dispositive motions. 

5. September 2, 2016- Exchange of Jist of witnesses and exhibits. 

6. September 2, 2016 -Written Stipulations and/or agreed motions in Limine. On 

or before September 30, 2016, the parties shall file any written stipulations that 

narrow the factual or legal issues, and that are agreed Motions in Limine. 

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7. February 21, 2017- Hearing in Spokane, Washington. 

In accordance with Civ. R. 26(f)(3)(A), the parties do not contemplate any changes to 

Civ. R. 26(a) other than those indicated above. 

In accordance with Civ. R. 26(f)(3)(B), discovery should be limited to subjects related to 

the issue at hand, the FAA's complaint. Discovery should be complete as indicated 

above. 

In accordance with Civ. R. 26(f)(3)(C), Motions to Limit or Compel Discovery are 

discussed below. Electronically stored information should "saved" as appropriate and 

produced in a "searchable" format such as a word document (.doc) or a searchable .pdf 

document (.pdf). 

1. Motion to Limit Discovery upon Receipt of Discovery upon Receipt of Discovery 

Request: A party served with a discovery request who seeks to limit discovery 

pursuant to 14 CFR Section 13.220(f)(g), and (h), shall file a Motion for relief 

within 10 days of service of the disputed discovery request. 

2. Motion to Compel Discovery: A party seeking to compel discovery must file a 

Motion to Compel within 10 days of receipt of service of a deficient response or 

after the response to the discovery is due, whichever occurs first. 

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In accordance with Civ. R. 26(f)(3)(D), the parties do not anticipate and any issues 

about claims of privilege or of protection as trial-preparation materials. If issue arise, 

they will addressed with Motions to Limit or Compel Discovery. The parties do not 

request that this agreement be included in an order under Federal Rule of Evidence 

502. 

In accordance with Civ. R. 26(f)(3)(E), changes in the limitations on discovery imposed 

under these rules or by local rule are outlined above. No other limitations should be 

imposed. 

In accordance with Civ. R. 26(f)(3)(F), the parties do not request that the court issue any 

other orders under Rule 26(c) or under Rule 16(b) and (c). 

Respectfully submitted this 4th day of April, 2016. 

Conlin, Maloney & Miller 

421 W_ Riverside Ave., Suite 911 

Spokane, VVA 99201 

Attorney for Respondent 

Felts Field Aviation, Inc. 

14 East Main Ave. 

Spokane, VVA 99201-0405 

Respondent 

Telephonically Approved 

Robert Spitzer 

Northwest Mountain Region. ANM-7 

Federal Aviation Administration 

1601 Lind Ave., S.W 

Renton, VVA 98057 

Attorney for Complainant 

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CERTIFICATE OF SERVICE 

I hereby certify that on this day copies of the foregoing Joint Proposed Scheduling 

and Discovery Plan were sent first class mail and fax as follows: 

Judge J.E. Sullivan 

U.S. Administrative Law Judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

1200 New Jersey Avenue, S.E. (E11-31 0) 

Washington, DC 20590 

(Fax) 202-366-7536 

Mr. Robert Spitzer 

Northwest Mountain Region, ANM-7 

Federal Aviation Administration 

1601 Lind Ave. S.W 

Renton, WA 98057 

(Fax) 425-227-1007 

I hereby certify that on this day copies of the foregoing Joint Proposed Scheduling 

and Discovery Plan were sent first class mail as follows: 

Federal Aviation Administration 

ATTN: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building- Suite 2W1 000 

800 Independence Avenue S.W. 

Washington, DC 20591 

Date: April4, 2016 

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