### SERVED: September21, 2016 U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS WASHINGTON, DC
In The Matter Of: ) ) ) ) ) DocketNo. FAA-2015-1319 WILLIAM A. CURTRIGHT Respondent Case No. 2014NM090046

ORDER SETTING A THIRD LITIGATION CONFERENCE AND GRANTING/DENYING OTHERRELIEF

On August 10, 2016, an Order Setting a Second Litigation Scheduling Conference and a Deadline to Exchange Initial Disclosures, and Granting/Denying Other Relief('"Order") was filed. Among other things, this Order set a Second Rule 16 Litigation Scheduling Conference for Tuesday, September 20, 2016, at 1:30 p.m. Eastern time. On September 9, 2016, an Order Granting in Part the Respondent's Motion for Extension ofTime was filed. This Order extended the parties' deadline for serving initial disclosures from September 9, 2016, to September 20,2016. Later that same day, on September 9, 2016, theprose Respondent, Mr. William A. Curtright, filed the Respondent's Initial Disclosures Pursuant to the ALI's Order ofAugust 10, 2016, and FRCP 2691(a) [sic]. On September 19, 2016, the Respondent filed a Motion for Dismissal. On September 20, 2016, the parties appeared by telephone for the Second Rule 16 Litigation Scheduling Conference. During this Conference the parties discussed a variety of litigation procedural matters, including the parties' initial disclosures, the Respondent's Motion for Dismissal, the differences between discovery and a Freedom ofInformation Act request, a schedule for exchanging discovery, and a date for a Third Rule 16 Litigation Conference. This Order codifies the oral rulings made during the September 20, 2016 Conference.Pursuantto 14 C.F.R. §§ 13.205, 13.220, and Civ. R. 16, and after reviewing all relevant caselaw, regulations, statutory authority, and being fully advised; IT IS HEREBY ORDERED: 1. The Respondent's untitled motion for discovery, requesting "a list ofall other pilots throughout the United Statesthat have had... [frivolous] Actions brought against them" (September 9, 2016 Initial Disclosures, 1) is denied as notrelevant to the charge in this proceeding. To the extentthatthe Respondent is seekingto file a FOIA request with the FAA, the Respondent is deemed to have raised such a requestinthe wrong forum. 2. The Respondent's oral motionto extendthese proceedingsto a date uncertain, so that he can file a FOIArequest withthe FAA for the information aboutpilots (identified above), is denied. 3. The Respondent's untitled motion for discovery, requesting "that all documents that have been redacted by David Shayne...be produced...withoutredaction" (September 9, 2016 Initial Disclosures, 1) is denied at this time. Ifgeneral discovery exchanges prove insufficient, the Respondent may re-raise this motion, with attached documentation and proper argument. 4. The FAA's oral motion for an immediate ruling onthe Respondent's September 19, 2016 Motion for Dismissal is denied. 5. The Respondent's September 19, 2016 Motion for Dismissal is reserved until after December 8, 2016. Ifgeneral discovery exchanges prove insufficient, this this Motion for Dismissal may be converted to a Summary Judgment Motion after December 8, 2016.
6. September 21,2016: Initiation ofGeneral Discovery. Effective September21,2016, the parties may begin serving discovery requests pursuantto 14 C.F.R. § 13.220 (b), (c), (d) and (e). Discovery requests must be served sufficiently early in the discovery period, which has been set for approximately sixty (60) days, to permit the service ofresponses (i.e., 30 days or less after receipt) prior to the next scheduled Conference. General discovery includes, but is not limited to: notices ofdeposition; requests for production of documents; propounding interrogatories; requests for admission; etc. A party shall respond to a discovery request no later than 30 days after service ofthe request, unless otherwise agreed by the parties.
7. September29,2016: Informal Telephone Conference. On September 29, 2016 (2:00 p.m. to 3:00 p.m. PDT), the FAA andthe Respondent shall participate in an informal Telephone Conference. TheRespondent, Mr. Curtright, shall initiate the telephone call Page 2 of 3on September 29, 2016 by

**c~lling** the FAA counsel, Mr. Shayne, at 425-227-2165 at 2:00pm. This Telephone Conference is for the purpose ofconducting a page-by-page comparison ofthe FAA Initial Disclosures which were received by the Respondent, to ensure that the Respondenthas received all the pages ofthe FAA's Initial Disclosures. If the parties wish to discuss other matters after the page-by-page comparison is finished, they may agree to do so. 8. Ifthe September 29, 2016 Informal Telephone Conference does not resolve all Mr. Curtright's concerns whetherthe Initial Disclosures he received match the content and number ofpages ofthe FAA asserts it mailed to him as Initial Disclosures on August II, 2016, then the Respondent may file a written motion for further relief. 9. December 2, 2016: Deadline for Responding to Discovery. On or before December 2, 2016, the parties shall finish serving responses to any/all general discovery requests. 10. December 8, 2016 (1:30 p.m. ET): Third Litigation Conference. The parties shall appear by telephone on Thursday, December 8, 2016 (1 :30 p.m.-3:00p.m. Pacific time) for a Third Litigation Conference. The parties shall be preparedto discuss the status of discovery, a schedule for filing dispositive motions, and potential hearing dates. To access the Conference line, the parties shall dial 888-278-0296 and entercode 5851842. 11. For clarifications ofthis order or questions with regard to the procedures to be followed in this case, please contact Mr. Cody L. Smith, Attorney-Advisor at the Office of Hearings (202-366-6941).

Attachment: Service List

Page 3 of 3

### DocketNo. FAA-2015-1319 (Civil PenaltyAction) 

### SERVICE LIST- BY U.S. MAIL
ORIGINAL & ONE COPY FederalAviationAdministration 

### 800 IndependenceAvenue, S.W. Washington, DC 20591 Attention: Hearing Docket Clerk, AGC-430 WilburWrightBuilding-Suite2W10001



### Mr. DavidF. Shayne Complainant's Counsel NorthwestMountainRegion, ANM-7 Federal AviationAdministration 1601 Lind Avenue S.W. Renton, WA98057 TEL: 425-227-1847

**F~:** 

### 425-227-1007 Dr. William

### Ames Curtright, DBA Respondent P.O. Box 1350 Jefferson, OR97352 TEL: 503-209-7388

**F~:** 

### 503-485-0812 Judge J.E. Sullivan U.S. Administrative LawJudge Office ofHearings, M-20 U.S. DepartmentofTransportation 1200NewJersey Avenue, S.E. (E11-310) Washington, DC 20590 TEL: 202-366-6941 F

**~:** 

### 202-366-7536 ONE COPY

1Service wasbyU.S. Mail. For service inperson orbyexpeditedcourier, use the following address: Federal AviationAdministration, 600 Independence Avenue, S.W., Wilbur WrightBuilding-Suite2W1000, Washington, DC 20591; Attention: HearingDocketClerk, AGC-430.