U.S. DEPARTMENTOFTRANSPORTATION OFFICE OF HEARINGS WASHINGTON, DC ... ' - ...- .... - ' '.';

' {1**~-·-·,** r"f• •**-~ ~** 
In The Matter Of: CENTRAL VIRGINIA AVIATION, INC. Respondent ) ) ) ) ) ) .. '-·

Docket Nos. FAA-2013-0044**FAA..;2012~1263** Case Nos. 2012EA210031 2012EA210024

ORDER SETTING LITIGATION DATES AND PROCEDURES ' t'

On March 4, 2013, an Order Temporarily Consolidating Proceedings and Granting/Denying Other Reliefwas filed. Among otherthings, this Orderreconfirmed the Rule 16 Litigation Scheduling Conference set for April4, 2013 at 1:30pmEastern Time. OnApril3, 2013 (2:53pm) the FAA contacted the Office ofHearings attorney staffby email (cc'dto the Respondent), and requested a brief, unopposed continuance of the scheduled Rule 16 Litigation Scheduling Conference. The PAA providedthe Office ofHearings withproposed mutually agreeable dates for the continuance. Later that same day, on April3, 2013 (3:17pm), the Office ofHearings attorney staffemailed 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. OnApril10, 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. Pursuantto 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 StartDate. On orbefore May 1, 2013, the parties shall begin exchanging or serving additional general discovery requests pursuant to CR26- CR 36 and 14 C.P.R. §13.220(b) and (e). This includes, but . 'f
is not limited to: notices ofdeposition; subpoenas duces tecum; propounding interrogatories; requests for production ofdocuments; the disclosure ofexpert testimony pursuantto CR26(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 ofan 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 afterreceipt ofthe interrogatories. Pursuantto 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 ofthe 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 CR26

- CR 36 and 14 C.F.R. §13.220(b) and (e). This includes, but is not limited to, the taking ofdepositions and serving responses to all Requests for Discovery. 6. 

### July 15, 2013: Supplemental Discovery Request Deadline. The last date for bothparties to complete exchange ofall supplemental discovery requests based onthe general discovery exchange, including butnot limited to the notices of supplemental depositions, and other requests. 7. 

### August 23, 2013: Deadlineforboth parties to finish taking supplemental depositions, and responding to and serving answers to all supplemental discovery requests pursuant to CR26- CR 36 and 14 C.F.R. §13.220(i). 8. 

### September3, 2013: Deadlines for Filing Dispositive Motion(s). The last date for bothparties to file any/all pre-hearing dispositive motions, including Default Motions and/or Summary Judgment Motions. a) 

### October 3, 2013: Deadline for filing Answerto Dispositive Motion(s); b) 

### October 18, 2013: Deadline for filing Reply (ifany). 9. 

### October 29,2013: 1:30pm-12:00pmEST. Telephone conference for oral argument on dispositive motions. 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. 10. 

### December 4, 

### 2013: Written Stipulations and/or Motions in Limine due date. The deadline for filing written stipulations and/or written Motions inLimine. 11. 

### December 18, 2013: List ofWitnesses Exchange ofExhibits due date. The last date for each party to serve and file the following: Pagel of4a) A list ofthe witnesses theparty 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; and d) The documents the party intends to offer inevidence (pre-marked as noted in paragraph E, 

### infra). 

### 12. January 14, 2013- January 15,2013: Hearing dates. Based ontheparties' 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 endon 

### Wednesday, January 15, 2013 (9:00am-5:00 pm). The specific location ofthe Hearing.will be provided to the parties priorto the Hearing.

B. Requests for modification ofthe litigation dates set forth inparagraph A may be madeby written Motion. Before filing such a Motion, however, theparty seeking the modification shall contact the opposing party and seek to arrive at mutually convenient alternative date(s). A report onthe result ofthis discussion shall be included by the movant in the Motion. C. Discovery requests ordocuments complying with discovery requests need notbe filed inthis case with the Office ofHearings, except as part ofa motionregarding disputed discovery, oras part ofamotion to compel discovery. D. Any Motions regarding discovery, including a Motion to Compel Discovery, mustbe filed within 

### ten (10) calendar days after service ofa 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, pursuantto Civ. R. 37(a)(l), that the movant has conferred or attempted to confer in good faith withthe party allegedto have failed to make discovery or disclosure. The Civ. R. 37(a)(l) declaration shall specifically indicate the efforts made bythe movant to resolve the dispute and identify which discovery matters remain indispute. Statements in oppositionto discovery motions must be filed within 

### ten (10) calendar days after service ofthe motion. The failure to. timely file objections to discovery may result in the objections being deemed waived. Belated service ofburdensome discovery requests may also be grounds for denial ofa motion to compel compliance with such requests. E. Eachparty must bring to the heanng at least three copies ofany

. 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 shouldbe 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 bethe opportunity for direct examination, crossexamination, redirect examination and re-cross-examination ofeach witness. Only one representative ofa party may cross-examine a witness onbehalfofthatparty. Pursuantto 14 C.F.R. §13.205 and 14 C.F.R. §13.222, the Federal Rules ofEvidence will be utilized as a guideline in determining the admission ofall evidence. · G. Prior to the hearing date(s), ifa party wishes to schedule oral argument on any motion, or set up any type ofte1ephone conference onthe Judge's calendar, theparty shall first confer with opposing counsel about mutually agreeable alternate dates, and · then contact Attorney-Advisor Mr. Cody L. Smith 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. The movant shall be responsible for contacting the Office ofHearings

.. H. 

### Stipulated Venue: The parties agreed that the venue location for the hearing is Richmond, Virginia. ·

.I. 

### Stipulated Case Consolidation: The parties agreed that DocketNos. FAA-2012-1253 and FAA-2013-0044 are consolidated for bothhearing 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. Inthis Motion, the attorney shall confirm the following: 1) the current name/address/phone number and fax number ofthe party's agent/new representative; 2) the date the Motionto Withdraw was served both onthe party's agent/new representative and the opposing party; 3) the party's agent/newrepresentative has been notified in writing ofthe pending hearing dates as well as any pending pre-hearing discovery deadlines and telephone conferences. K. Forclarifications ofthis order orquestions withregard to the procedures to be followed inthis case, please contact Attorney-Advisor Mr. Cody L. Smith atthe 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-Suite2W10001

Mr. Zachary M. Berman, Esq. 

### Complainant's Counsel Office ofthe 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 CowanGates 1930 Huguenot Rd P.O. Box 35655 Richmond, VA 23235 TEL: 804-320-9100 FPCK: 804-320-2950 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: 202-366-2142 FPCK: 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 orby 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.