U.S. DEPARTMENTOF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, DC 

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In The Matter Of: 

CENTRAL VIRGINIA 

AVIATION, INC. 

Respondent 

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Docket Nos. FAA-2013-0044 

FAA..;2012~1263 

Case Nos. 2012EA210031 

20 12EA21 0024 

ORDER 

SETTING LITIGATION DATES AND PROCEDURES 

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On March 4, 2013, an Order Temporarily Consolidating Proceedings and 

Granting/Denying Other Relief was filed. Among other things, this Order reconfirmed 

the Rule 16 Litigation Scheduling Conference set for April4, 2013 at 1:30pm Eastern 

Time. 

On April3, 2013 (2:53pm) the FAA contacted the Office of Hearings attorney 

staff by email (cc'd to the Respondent), and requested a brief, unopposed continuance of 

the scheduled Rule 16 Litigation Scheduling Conference. The P AA provided the Office 

of Hearings with proposed mutually agreeable dates for the continuance. Later that same 

day, on April3, 2013 (3:17pm), the Office of Hearings attorney staff emailed both the . 

FAA and the Respondent, and confirmed that the Rule 16 Litigation Scheduling 

Conference was continued from April4, 2013 to Wednesday, April10, 2013 at 9:30am 

Eastern Time. 

On April10, 2013, the parties appeared by telephone for a Rule 16 Litigation 

Scheduling Conference, and discussed their calendar availability, hearing dates, and other 

litigation procedural matters. Pursuant to 14 C.P.R. §13.205(a)(1), (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; 

IT IS HEREBY ORDERED: 

A. The litigation dates and hearing dates are hereby set as follows: 

1. April19, 2013: Deadline for Initial Disclosures. The last date for the parties to 

serve each other with initial disclosures pursuant to Civ. R. 26(a)(1)(A). 

2. May 1, 2013: General Discovery Start Date. On or before May 1, 2013, the 

parties shall begin exchanging or serving additional general discovery requests 

pursuant to CR 26- CR 36 and 14 C.P.R. §13.220(b) and (e). This includes, but 

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is not limited to: notices of deposition; subpoenas duces tecum; propounding 

interrogatories; requests for production of documents; the disclosure of expert 

testimony pursuant to CR 26(a)(2), etc. 

3. Service oflnterrogatories. Pursuant to 14 C.F.R. § 13.220(k)(l), a party shall not 

serve more than thirty (30) interrogatories to each other, and each subpart of an 

interrogatory shall be counted as a separate interrogatory. 

4. Objections to, and Motions Regarding, Interrogatories. Pursuant to 14 C.F.R. 

§ 13.220(k), any objection(s) to interrogatories shall be filed within ten (10) days 

after receipt of the interrogatories. Pursuant to 14 C.F.R. § 13.220(m) and 

Paragraph D herein, any motions to compel for deficient interrogatory response(s) 

shall be filed within ten (10) days after receipt of the objection or deficient 

answer. 

5. July 1, 2013: Deadline for Completing General Discovery. The last date for 

both parties to finish responding and serving answers to all additional general 

discovery requests pursuant to CR 26 - CR 36 and 14 C.F .R. § 13 .220(b) and (e). 

This includes, but is not limited to, the taking of depositions and serving 

responses to all Requests for Discovery. 

6. July 15, 2013: Supplemental Discovery Request Deadline. The last date for 

both parties to complete exchange of all supplemental discovery requests based 

on the general discovery exchange, including but not limited to the notices of 

supplemental depositions, and other requests. 

7. August 23, 2013: Deadline for both parties to finish taking supplemental 

depositions, and responding to and serving answers to all supplemental discovery 

requests pursuant to CR 26- CR 36 and 14 C.F.R. §13.220(i). 

8. September 3, 2013: Deadlines for Filing Dispositive Motion(s). The last date 

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

Motions and/or Summary Judgment Motions. 

a) October 3, 2013: Deadline for filing Answer to Dispositive Motion(s); 

b) October 18, 2013: Deadline for filing Reply (if any). 

9. October 29,2013: 1:30pm -12:00pm EST. Telephone conference for oral 

argument on dispositive motions. N.B. If the parties do not file dispositive 

motions, then this Telephone Conference will be automatically converted and 

held as a Pre-Hearing Status Conference. 

10. December 4, 2013: Written Stipulations and/or Motions in Limine due date. The 

deadline for filing written stipulations and/or written Motions in Limine. 

11. December 18, 2013: List of Witnesses Exchange ofExhibits due date. The last 

date for each party to serve and file the following: 

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a) A list of the witnesses the party intends to call; 

b) A short statement of the testimony expected from each such witness; 

c) The resume of each witness who will be offered as an expert; and 

d) The documents the party intends to offer in evidence (pre-marked as noted in 

paragraph E, infra). 

12. January 14, 2013- January 15,2013: Hearing dates. 

Based on the parties' agreement, the Hearing will take two (2) days or 

less. The Hearing will begin on Tuesday, January 14,2013 (9:00am-5:00pm) 

in Richmond, Virginia, and end on Wednesday, January 15, 2013 (9:00am-5:00 

pm). The specific location of the Hearing.will be provided to the parties prior to 

the Hearing. 

B. Requests for modification of the litigation dates set forth in paragraph A 

may be made by written Motion. Before filing such a Motion, however, the party seeking 

the modification shall contact the opposing party and seek to arrive at mutually 

convenient alternative date(s). A report on the result of this discussion shall be included 

by the movant in the Motion. 

C. Discovery requests or documents complying with discovery requests need 

not be filed in this case with the Office of Hearings, except as part of a motion regarding 

disputed discovery, or as part of a motion to compel discovery. 

D. Any Motions regarding discovery, including a Motion to Compel 

Discovery, must be filed within ten (10) calendar days after service of a deficient 

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

Compel and other discovery motions must be accompanied by the relevant discovery 

requests and responses~ and a declaration by the moving party, pursuant to Civ. R. 

37(a)(l), that the movant has conferred or attempted to confer in good faith with the party 

alleged to have failed to make discovery or disclosure. 

The Civ. R. 37(a)(l) declaration shall specifically indicate the efforts made by the 

movant to resolve the dispute and identify which discovery matters remain in dispute. 

Statements in opposition to discovery motions must be filed within ten (10) calendar 

days after service of the motion. The failure to. timely file objections to discovery may 

result in the objections being deemed waived. Belated service of burdensome discovery 

requests may also be grounds for denial of a motion to compel compliance with such 

requests. 

E. Each party must bring to the heanng at least three copies of any 

. documents it intends to offer in evidence as exhibits (one for the Judge and two for the 

official reporter). The exhibits should be pre-marked. Complainant's exhibits should be 

marked "C-1," "C-2," "C-3," etc. Respondent's exhibits should be marked "R-1," R-2," 

"R-3," etc. 

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F. At the hearing, there will be the opportunity for direct examination, crossexamination, redirect examination and re-cross-examination of each witness. Only one 

representative of a party may cross-examine a witness on behalf of that party. Pursuant to 

14 C.F.R. §13.205 and 14 C.F.R. §13.222, the Federal Rules of Evidence will be utilized 

as a guideline in determining the admission of all evidence. · 

G. Prior to the hearing date(s), if a party wishes to schedule oral argument on 

any motion, or set up any type ofte1ephone conference on the Judge's calendar, the party 

shall first confer with opposing counsel about mutually agreeable alternate dates, and · 

then contact Attorney-Advisor Mr. Cody L. Smith at the Office of Hearings (202-366-

6941) as soon as possible, with at least three (3) mutually-agreed, proposed alternate 

dates/times for the Judge's consideration. The movant shall be responsible for contacting 

the Office of Hearings .. 

H. Stipulated Venue: The parties agreed that the venue location for the 

hearing is Richmond, Virginia. · 

. I. Stipulated Case Consolidation: The parties agreed that Docket Nos. 

FAA-2012-1253 and FAA-2013-0044 are consolidated for both hearing and decision: 

J. Attorney Withdrawal: Pursuant to 14 C.F.R. §13.218, an attorney who 

wishes to withdraw from representing a party must file a Motion to Withdraw. In this 

Motion, the attorney shall confirm the following: 1) the current name/address/phone 

number and fax number of the party's agent/new representative; 2) the date the Motion to 

Withdraw was served both on the party's agent/new representative and the opposing 

party; 3) the party's agent/new representative has been notified in writing of the pending 

hearing dates as well as any pending pre-hearing discovery deadlines and telephone 

conferences. 

K. For clarifications of this order or questions with regard to the procedures 

to be followed in this case, please contact Attorney-Advisor Mr. Cody L. Smith at the 

Office ofHearings.(202-366-6941). 

Attachment: Service List 

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SERVICE LIST- BY U.S. MAIL 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Washington, DC 20591 

ORIGINAL & ONE COPY 

Attention: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building-Suite 2W1 0001 

Mr. Zachary M. Berman, Esq. 

Complainant's Counsel 

Office of the Regional Counsel 

Eastern Region 

Federal Aviation Administration 

1 Aviation Plaza 

Jamaica, NY 11434 

TEL: . 718-553-3258 

FPCK: 718-995-5699 

Mr. David H. Gates, Esq. 

Ms. Katherine G. Gray, Esq. 

Respondent's Counsel 

Cowan Gates 

1930 Huguenot Rd 

P.O. Box 35655 

Richmond, VA 23235 

TEL: 804-320-9100 

F PCK: 804-320-2950 

Judge J.E. Sullivan 

US. Administrative Law Judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

ONE COPY 

1200 New Jersey Avenue, S.E. (Ell-310) 

Washington, DC 20590 

TEL: 202-366-2142 

F PCK: 202-366-7536 

FDMS Nos. FAA-2013-0044 

& FAA-2012-1263 

(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 2Wl000, Washington, 

DC 20591; Attention: Hearing Docket Clerk, AGC-430.