In The Matter Of: · 

## SERVED: AUGUST 13, 2015 U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS WASHINGTON, DC

-· · .. )

Docket No. FAA-2015-2440 · COMPASS SYSTEMS & SALES, INC. ) ) ) ) ) Case No. 2014-GL-70-0239 Respondent

ORDER SETTING A RULE 16 LITIGATION SCHEDULING CONFERENCE, AND DIRECTING THE PARTIES TO

CONFERAND FILE A RULE 26(f) PROPOSED DISCOVERY PLAN 1) Rule 16 Litigation Scheduling Conference: Pursuant to 14 C.F.R. § 13.205 and Civ. R. 16, the parties shall appear by telephone on Thursday, November 4, 2015, at 1:30 p.m. 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/discovery plan (see paragraph 2 infra) and respond to any questions regarding disagreements not resolved in the proposed plan. During the Conference a final scheduling/discovery plan will be ruled upon, as well as any other related matters pursuant to Rule 16(c). The parties shall access the Conference by dialing 202-493-2343.
2) Parties' Rule 26(f) Planning Meeting and Submission ofProposed Discovery Plan: Pursuant to 14 C.F.R. § 13.205(a)(6) and Civ. R. 26(f),prior to 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/discovery plan, which must be completed and filed with the undersigned Judge on or before Thursday, October 29, 2015 (i.e. at least seven (7) calendar days before the Conference). The attorneys ofrecord and all unrepresented parties arejointly responsible for arranging the Rule 26(f) conference, and for attempting in good faith to agree on the proposed discovery plan.The parties' Rule 26(f) planning meeting shall include a good faith discussion aboutthe nature and basis ofeachparty's claims, the possibility ofresolving all or part ofthe case, the scope andtype ofdiscovery (including electronic discovery) andthe 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 aboutthe sequence and timing offollow-up discovery, including whether that discovery should be conducted inphases to prepare for any filing ofparticularmotions (e.g., limiting scope oftrial, dispositive motions, etc.). The proposed discovery deadlines inthe parties' proposed scheduling/discovery plan should be mutually agreeable, with a viewto achieving case resolution with a minimum of expense and delay. Any unresolved scheduling/discovery disputes should be clearly identified in the proposedplan, .so thatthese disputes may be addressed by the Judge during the Rule 16 Litigation Scheduling Conference. 3) Filing and Serving Documents: Pursuantto 14 C.F.R. 

### § 13.211(a), a copy ofany document a party files withthe Federal AviationAdministrationHearing Docket ("Hearing Docket") must also be separately filed with the undersigned, and served uponthe opposing party. 4) Compliance with Court-Ordered Deadline Dates: Wheneverthe Judge orders the parties to file docume:J?-tS by a specific deadline date (see,

,e.g., paragraph 2 above) such deadline date is the date bywhichthe documents mustbe datestampedreceived atthe Office ofHearings. To ensure compliance withthis and any future · Orders setting deadlines, the parties are encouraged to fax orpersonally deliver a copy oftheir documents to the Office ofHearings (Fax: 202-366-7536), onorbefore the deadline date. Failure ofa partyto timely file documents by the court-ordered deadline could lead to the party's position notbeing considered.

Page 2 of35) Conflicts with the Rule 16 Litigation Scheduling Conference Date: Ifa party has anunavoidable conflict withthe Scheduled Rule 16 Litigation Scheduling Conference set inparagraph 1supra, and wishes to modify the date/time ofthe scheduled Conference, the party shall first confer with opposing counsel about mutually agreeable alternate dates, andthen contact Mr. Cody L. Smith, Attorney-Advisor at the Office of Hearings (202-366-6941) as soon as possible after the receipt ofthis Order, with at leastthree (3) mutually-agreed, proposed alternate dates/times for the Judge's consideration.

Attachment: Service List

Page 3 of3SERVICE LIST- BYU.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

Mr. Brian K. Khan Complainant's Counsel Office ofthe Regional Counsel, AGL-7 Federal Aviation Administration, 2300 EastDevonAvenue Des Plaines, IL 60018-4696 TEL: 847-294-7109**F~:** 847-294-7498 Mr. Stuart A. Strasfeld Respon,dent's Counsel Roth, Blair, Roberts, Strasfeld & Lodge 100 E. Federal Street, Suite 600 Youngstown, OH 44503 Judge J.E. Sullivan U.S. Administrative LawJudge Office ofHearings, M-20 ONE COPY

U.S. Department ofTransportation 1200NewJersey Avenue, S.E. (Ell-310) Washington, DC 20590 TEL: 202-366-6941**F~:** 202-366-7536 DocketNo. FAA-2015-2440 (Civil PenaltyAction)

1 Service was byU.S. Mail. For service inperson 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.