In The Matter Of: 

SERVED: JANUARY 23, 2015 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, DC 

" Docket No. FAA-2014-0806 

UNITED PARCEL SERVICE 

COMPANY 

) 

) 

) 

) 

) 

) 

Case No. 2011CE250036 

Respondent 

ORDER CANCELLING THE 

RULE 16 LITIGATION SCHEDULING CONFERENCE 

··- t ·- ·-

..... , 

On November 24, 2014, an Order Setting Rule 16 Litigation Scheduling Conference and 

Directing Rule 26(£) Planning and Submission ("Order") was filed. Among other things, this 

Order set the Rule 16 Litigation Scheduling Conference for January 27, 2015, at 10:00 a.m. 

Eastern time. The Order also directed the parties to confer informally prior to January 27, 2015, 

and engage in a good faith discussion about the case (Order, 2 ~2). If the good faith discussion 

did not result in settlement, the parties were directed to develop and file, on or before January 20, 

2015, a jointly written proposed scheduling/discovery plan ("Plan"). The Order further directed 

the parties to file a working copy of the Plan by "fax, express carrier, or personal delivery" by 

the January 20, 2015 deadline. (Order, 2 ~2). 

On January 20,2015 the FAA and the Respondent failed to file a jointly written proposed 

discovery plan. In addition, neither the FAA nor the Respondent filed an individual proposed 

plan, or notified the court of any inability to comply with the court order. 

On January 21,2015, one day after the January 20,2015 deadline, the Respondent filed a 

two-page Letter (dated January 20, 2015), which had been sent by regular U.S. mailing. The 

Respondent had not filed a working copy with the court. In this Letter, the Respondent 

acknowledged it had received the November 24, 2014 Order, and was fully aware of the contents 

of the Order. The Respondent had not complied. Instead, the Respondent asserted that it sought 

an "abeyance" of the deadline (which had expired the day prior), and a "clarification" ofthe 

scope of court's authority to direct the parties under the Federal Aviation Rules ("F ARs"). 
I ' 

The Respondent's January 21, 2015 Letter did not indicate whether or not the FAA was 

in agreement with the Respondent's actions or position. Nevertheless, as oftoday's date 

(January 23, 2015) the FAA has not filed an individual proposed Plan, nor filed any other 

document with the court. 

Brief Discussion 

Among other things, the November 24,2014 Order gave the parties a period of fiftyseven (57) calendar days to meet and discuss the case, and file a proposed discovery plan with 

the court. This fifty-seven day period was also available for the parties to file motions, request a 

change in the date of the conference, request clarifications or assistance from the court, or settle 

the case. 

The parties have failed to comply with the November 24, 2014 Order. Instead, after a 

court-ordered deadline expired, the Respondent filed a Letter and raised questions about the 

scope of the court's procedural authority under the PARs to direct the parties ~n procedural 

matters. The manner in which the Respondent has raised its questions also demonstrates an issue 

-whether litigants (or officers of the court) may unilaterally choose to ignore or disobey court 

orders if the litigants (or officers ofthe court) disagree with the court's procedural or substantive 

decisions. These issues need to be addressed before the court may proceed with litigation 

scheduling. 

Pursuant to 14 C.P.R.§§ 13.205(a)(l) and (8), and after reviewing all relevant records, 

caselaw, regulations, statutory authority, and being fully advised; 

IT IS HEREBY ORDERED: 

1. The Rule 16 Litigation Scheduling Conference, scheduled for Tuesday, January 27, 2015 

( 10:00 am) is canceled on court motion. 

2. Separate Orders will issue regarding the matters raised by the parties' non-compliance 

with the November 24, 2014 Order and the Respondent's January 21, 2015 Letter. 

Attachment: Service List 

Page 2 of 2 
SERVICE LIST- BY U.S. MAIL 

ORIGINAL & ONE COPY 

Federal Aviation Administration 

800 Independence A venue, S. W. 

Washington, DC 20591 

Attention: Hearing Docket Clerk, AGC--430 

Wilbur Wright Building-Suite 2W1 0001 

Ms. Andrea Michelle Harper 

Complainant's Counsel 

Federal Aviation Administration 

Office of the Regional Counsel, AS0-7 

Southern Region 

1 701 Columbia A venue 

College Park, GA 30337 

TEL: 404-305-5200 

FAX: 404-305-5223 

Mr. Mark A. Dombroff 

Respondent's Counsel 

McKenna Long & Aldridge, LLP 

1676 International Drive - Penthouse 

McLean, VA 221 02 

TEL: 703-336-8700 

E-mail: mdombroff@mckennalong.com 

Judge J.E. Sullivan 

US. Administrative Law Judge 

Office ofHearings, M-20 

U.S. Department of Transportation 

ONE COPY 

1200 New Jersey Avenue, S.E. (E11-310) 

Washington, DC 20590 

TEL: 202-366-6941 

FAX: 202-366-7536 

Docket No. F AA-20 14-0806 

(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.