## SERVED MAY 4, 2012 U.S. DEPARTMENT OF

# TRANSPORTATION,:~;~:::~S~JtfW~~g~ OFFICE OF HEARINGS
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In The Matter Of: AIR TRANSPORT INTERNATIONAL, L.L.C., Respondent 

### WASHINGTON, DC ) ) ) ) ) ) DocketNo. FAA-2012-0202
Case No. 2011 SO 700200 • .**·~J.** \c t \.,,d. Ll r, J**l~)!** • 0 "n 1

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ORDER SETTING RULE 16 LITIGATION SCHEDULING CONFERENCE, AND DIRECTING RULE 26(t) PLANNING AND SUBMISSION
1) Rule 16 Litigation Scheduling Conference: Pursuant to 14 C.F.R. §13.205(a)(1) and (7) and Civ. R. 16, the parties shall appear by telephone OJ?. Thursday, June 28,2012 at ll:OOam Eastern time for a Rule 16 Litigation Scheduling Conference. During this Conference the parties will discuss the issues in the dispute, their jointly submitted proposed scheduling/discoveryplan (see paragraph 2 

### infra) and respond to any questions regarding disagreements not resolved in the proposed plan. During the Conference a final scheduling/discoveryplan will be ruled upon, as well as any otherrelated 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 ofrecord. A party may provide an alternate number by notifying the Office ofHea:r.:in.gs at least 24 hours priorto the Conference.
_ 2) Rule 26(.0 Attorneys' PlanningMeeting, and Submission ofProposed Discovery Plan: Pursuant to 14 C.F.R. §13.217 and Civ. R. 26(f),priorto convening with the Judge for the Rule 16 Litigation Scheduling Conference, the parties shall privately conduct a Rule 26(f) planning meeting and prepare ajointly written proposed scheduling/discoveryplan, which must be completed and filed with the undersigned Judge on orbefore Thursday, June 21, 2012 (i.e., seven (7) calendar days before the Conference). In addition to filing the proposed scheduling/discovery plan by regularmail filing with the U.S. Department ofTransportation's Docket Office, the parties shall file a working copy ofthe scheduling/discovery plan with the under-
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.signed Judge at the Office ofHearings by fax, express carrier, orpersonal delivery. The certificate ofservice should reflect the mrumer ofservice. The parties' Rule 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, 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.F.R. §13.217 and Rule 26(f)(2) and (3) as part ofdeveloping theirproposed scheduling/discovery plan. The parties' planning meeting should also include discussion about the sequence and timing offollow-up discovery, including whetherthat discovery should be conducted in phases to prepare for any filing ofparticularmotions (e.g., limiting scope oftrial, dispositive motions, etc). The deadlines in the 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 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: Ifa party has anunavoidable 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 with opposing counsel about mutually agreeable alternate dates, and then contact C. Diane Mays at the Office ofHearings (202-366-2132) as soon as possible after receipt ofthis Order, with at leastthree (3) mutually-agreed, proposed alternate dates/times for the Judge's consideration.

Attachment: Service List

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FDMS NO. FAA-2012-0202 (Civil Penalty Action) SERVICE 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-Suite 2W1000 1 ONE COPY Cindi McConnell, President AirTransport International, L.L.C., Respondent One Cantrell Center 2800 Cantrell Road Little Rock, AK 72202 TEL: 501-615-3500 FAX: 501-603-2096 Gerald A. Ellis, Complainant's Counsel Office ofthe Regional Counsel, AS0-7 Southern Region Federal Aviation Administration P.O. Box 20636 Atlanta, GA 30320 TEL: 404-305-5200 FAX: 404-305-5223 The Honorable J.E. Sullivan,AdministrativeLawJudge· Office ofHearings, M-20 U.S. Department ofTransportation 1200NewJersey Avenue, S.E. (E11-310) Washington, DC 20590 TEL: 202-366-2132 FAX: 202-366-7536

1 For service in person orby expedited courier, use the following address: Federal Aviation Administration, 600 Independence Avenue, S.W., Wilbur Wright Building-Suite 2WIOOO, Washington, DC 20591; Attention: Hearing Docket Clerk, AGC-430.