## SERVED: November 24, 2014
U.S. DEPARTMENT OF TRANSPORTATION--

In The Matter Of: UNITED PARCEL SERVICE COMPANY Respondent 

### OFFICE OF HEARINGS \

... __ WASHINGTON, DC
) ) ) ) ) )**(~** .-.

DocketNo. PAA-2014-0806

Case No. 2011CE250036

ORDERSETTINGRULE 16 LITIGATION SCHEDULING CONFERENCE AND DIRECTING RULE 26{t) PLANNING AND SUBMISSION 1) Rule 16 Litigation Scheduling Conference: Pursuantto 14 C.P.R.§ 13.205(a)(1) and (7) and Civ. R. 16, the parties shall appear by telephone on

### Tuesday, January 27,2015, at 10:00 A.m. Eastern time for a Rule 16 Litigation Scheduling Conference; During this Conference the parties will discuss the issues inthe dispute, theirjointly submitted proposed scheduling/discovery plan (see paragraph 2 infra) and respond to any questions regarding disagreements not resolved inthe proposedplan. During the Conference a final scheduling/discovery plan will be ruled upon, as well as any otherrelated matters pursuantto 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: Pursuantto 14 C.P.R.§ 13.217 and Civ. R. 26(f),priorto convening withthe 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, whichmust be completed and filed withthe undersigned Judge on or before 

### Tuesday, January 20, 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 onthe proposed discovery plan.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 shalldiscuss matters identified in 14 C.F.R. 

### § 13.217 and Rule 26(±)(2) and (3) as part ofdeveloping their proposed scheduling/discovery plan. The parties' planning meeting should also include discussion about the sequence and timing offollow-up discovery, including whether that discovery should be conducted inphasesto prepare for any filing ofparticular motions (e.g., limiting scope oftrial, dispositive motions, etc). The deadlines inthe parties' proposed scheduling/discovery plan should be mutually agreeable, with a viewto achieving case resolution with a minimum ofexpense and delay. Anyunresolved schedulingtdiscovery disputes should be clearly identified inthe proposed plan, so that these disputes may be addressedby the Judge during the Rule 16 Litigation Scheduling Conference. In additionto filing the proposed scheduling/discoveryplan by regular mail filing withthe Federal Aviation Administration Hearing Docket Clerk, the parties shall file a working copy of the scheduling/discovery plan with the undersigned Judge at the Office ofHearings by fax, express carrier, or personal delivery. The certificate ofservice should reflect the manner of service.
3) Conflicts with Rule 16 Litigation Scheduling Conference Date: Ifa party has anunavoidable conflict with the Scheduled Rule 16 Litigation Scheduling Conference set inparagraph 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 Mr. Cody L. Smith, Attorney-Advisor atthe Office of Hearings (202-366-6941) as soon as possible after the receipt ofthis Order, with at least three (3) mutually-agreed, proposed alternate dates/times for the Judge's consideration.

Attachment: Service List

Page 2 of2SERVICE 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

Ms. Andrea Michelle Harper 

### Complainant's Counsel Federal Aviation Administration Office ofthe Regional Counsel, AS0-7 SouthernRegion 1701 ColumbiaAvenue College Park, GA 30337 TEL: 404-305-5200 FPCK: 404-305-5223 Mr. Mark A. Dombroff 

### Respondent's Counsel McKennaLong & Aldridge, LLP 1676 International Drive- Penthouse McLean, VA 22102 TEL: 703-336-8700 E-mail: mdombroff@mckennalong.com Judge J.E. Sullivan 

### US. Administrative LawJudge Office ofHearings, M-20 U.S. Department ofTransportation ONE COPY

1200 New Jersey Avenue, S.E. (Ell-310) Washington, DC 20590 TEL: 202-366-6941 F

### AJ<: 202-366-7536 DocketNo. FAA-2014-0806 (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 2W1000, Washington, DC 20591; Attention: Hearing Docket Clerk, AGC-430.