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### MOUNTAIN ) DocketNo. PAA-2014-0111 AIR CARGO, INC. ) 

### ) Case No. 2013EA680043 Respondent )



### ORDERSETTINGLITIGATION DATES AND PROCEDURES OnMay 16,2014, an Order Setting Rule 16 Litigation Scheduling Conference and Directing Rule 26(f) Planning and Submission was filed. On July 15,2014the parties appeared by telephone for a Rule 16 Litigation Scheduling Conference, and discussed their calendar availability, hearing dates, and other litigation procedural matters. Pursuant to 14 C.P.R. §13.205(a)(l), (6) and (7), Civ. R. 16, 14 C.P.R. §13.217, and 14 C.P.R. .§13.220, aild after reviewing all relevant caselaw, regulation, statutory authority, and being fully advised; ·

IT IS HEREBY ORDERED: A. The litigation dates, discovery procedures, and hearing dates are hereby set as follows: 1. July 31, 2014: Deadline for InitialDisclosures. 

### To ensure thatthe parties have sufficienttime to 

### address all issues in dispute, on or before July 31, 2014 the parties shall serve each other with initial disclosures (as described in Civ. R. 

### 26(a)(l)(A)(i), (ii), 

### and (iii)) 

### without waiting for a specific discovery request. 2. On orbefore August 1,2014: GeneralDiscovery Initiated. 

### Pursuantto 14C.P.R. §13.220(a), the parties may immediately begin conducting general discovery. However, in orderto enspre'full use ofthe discovery.time allotted in this case (14 C.P.R. §13.220 (b), 

### (c), (d) and (e)), the parties shall begin exchanging or serving general discovery requests on orbefore August 1, 2014. General discovery includes, butis not limitedto: taking depositions; serving and answering requests for production ofdocuments;

.interrogatories; requests for admission; etc. 3. Service ofInterrogatories: Pursuant to 14 C.P.R. §13.220(k)(l), a party shall not serve morethanthirty 

### (30) interrogatories upon each other. Each subpart ofan interrogatory shall be counted as a separate interrogatory. Page 1 ofSa. Objection(s) to Interrogatories. Pursuant to 14 C.F.R. 

### § 13.220(k), any objection inresponse to an interrogatory must include the reason(s) supporting the objection. 

### 4. Motions to Limit Discovery upon Receipt ofDiscovery Request: 

### A party served with a discoveryrequest who seeks to limit discovery pursuantto 14 C.F.R. 

### § 13.220(f), (g), and 

### (h), shall file a Motion for Reliefwithin 

### ten (10) days after service ofthe disputed discovery request.

a. Good Faith Declaration Included: The Motion should include a declaration by the moving party, confirming that themovant has already conferred or attempted to confer in good faith withthe opposing party regarding the disputed discovery or disclosure, to try and resolve the matter informally, prior to seeking courtrelief. b. Copy ofDisputed Discovery: Pursuant to 14 C.F.R. 

### §13.220(b), only a copy of the disputed discovery, in support ofthe motion, should be attached to the Motion orthe Response.

c. Response to Motion to Limit Discovery. Any Response to the Motion should be filed no later than 

### ten (10) days after service ofthe Motion. 5. Motions to Compel Discovery: A party seeking to compel discovery must file a Motion to Compel within 

### ten (10) days after receipt ofservice ofa deficient response or after the response to the discovery is due, whichever occurs 

### first.

a. Procedure for Motion: Any Motion and/or Response to Compel Discovery shall <be filed in the same manner as directed above for Motions to LimitDiscovery (paragraph

### 4 and 

### 4 (a)-(c)). 6. Duty to Supplement orAmend Discovery: Pursuant to 14 C.F.R. 

### § 13.220(i), a party who has responded to a discovery request inthis case has a duty to supplement or amend the response throughout the litigation period, as soon as the information is known. 

### 7. September 15, 2014: Retained/Hired orEmployee ExpertWitness Disclosures. Ifa party retains or hires a witness to provide expert testimony, or a party intends to utilize the testimony ofan employee whose duties regularly involve giving expert testimony

- thenthe party intending to offer such witness shall disclose this retained or employee expert witness to the opposing side on or before September 15,2014. This expert witness disclosure shall include the name ofthe witness, the witness's resume or qualifications, and the witness's writtenreport or statement ofopinion (including disclosure ofthe basis ofthat opinion). ·
a. Any and all either expert witnesses who eitherparty intends to call atthe hearing shall be disclosed inthe initial discovery exchange, and inresponse to general discovery requests. • Page 2 ofS

### 8. October 6, 2014: Deadline for Completing General Discovery. On or before October 6, 2014, the parties shall finish responding and serving answers to all general discovery requests pursuant to 14 C.P.R. §13.220. This includes the taking ofdepositions, pursuant to 14 C.P.R. §13.220(j). 

### 9. October27,2014: Deadlines for Filing Dispositive Motion(s). The last date for both parties to file any/all pre-hearing dispositive motions, including Default Motions and/or Summary Judgment Motions. a) 

### November 17, 2014: Deadline for filing Answer to Dispositive Motion(s); b) 

### December 12,2014: Deadline for filing Reply (ifany). 10. 

### Telephone Conference: January 13,2015 (10:30 a.m.-12:00 p.m. ET). On January 

### 13, 2015 (10:30 a.m.-12:00 p.m.), the parties shall convene by telephone for oral argument on any filed 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. 11. 

### February 11, 2015: List ofWitnesses/Exchange ofExhibits. On orbefore February 11, 2015, the parties will serve 

### and file the following: a) A list ofthe witnesses the party 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; d) The documents the party intends to offer in evidence (pre-marked as noted in paragraph 

### G, infra); and e) An index cover sheet with a briefdescription ofeach document. 12. 

### February 11, 2015: Written Stipulations and/orAgreed Motions 

### in Limine. On or before February 11, 2015, the parties shall file any written stipulations that narrow the faCtual or legal issues, and/or that are agreed Motions 

### in Limine. 

### 13. March 24,2015 -March 25,2015: Hearing Dates. Based onthe parties' agreement, the Hearing will take two (2) days orless. The Hearing will begin on 

### Tuesday, March 24,2015 (9:00a.m-5:00p.m. ET) in 

### Charlotte, NC. The Hearing will end on

### Wednesday, March 25,2015 (9:00 a.m.-5:00p.m. ET). The specific location ofthe Hearing will be provided tothe parties prior to the Hearing.
B. Discovery Requests and Exchanges: Discovery requests and exchanges need not be filed with the Office ofHearings, except as part ofa motion regarding limited discovery, disputed discovery, or as part ofa motion to compel discovery. C. Failure to Move for Timely Relief/Late Service ofDiscovery: The failure to timely respond to discovery requests, and/or to timely move for relief regarding discovery disputes during the discovery period, may result in a finding that the Page 3 ofSparty has, through its actions, waived its right to relief. Late service ofdiscovery requests may also be grounds for denial ofa motion to compel compliance with suchrequests. D. Scheduling Motion orPre-Hearing Conferences onthe Judge's Calendar: Prior to the Hearing date(s), ifa party wishes to schedule oral argument on any motion, or set up any type ofpre-hearing telephone conference on the Judge's calendar, the party shall first confer with opposing counsel about mutually agreeable alternate dates. The movant shall next contact Mr. Cody L. Smith, Attorney-Advisor, 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. E. Requests for Modification ofthis Order: Any requests for modification ofthe litigation dates and procedures set forth inthis Order should be made by written Motion. The parties may also file an agreed writtenrequest. F. Attorney Withdrawal: Pursuantto 14 

### C.F.R. §13.218, an attorney who wishes to withdraw from representing a party must file a Motionto Withdraw. Inthis Motion, the attorney shall confirm the following:

a. The date the Respondent was served with written notice ofthe attorney's intentto withdraw; b. The name ofthe designated agent/lay representative ifthe Respondent inthe action is a business entity; c. The current business address, telephone number, and fax number ofthe Respondent and ofits designated agent; d. A statementthatthe Respondent has beennotified inwriting ofthe pending hearing dates inthis litigation, as well as the pending pre-hearing discovery deadlines and telephone conferences; and · e. A statementthatthe Respondent has beenprovided a copy ofall Orders issued inthis litigation, as well as any other legal documents to which the Respondent is entitled. G. Exhibits Brought to the Hearing: Eachparty mustbring to the Hearing three copies ofany documents it intends to offerin evidence as exhibits (one for the Judge and two for the courtreporter). The exhibits must have an index cover sheet, and should ·be pre-marked. Complainant's exhibits should be marked "C-1," "C-2," "C-3," etc. Respondent's exhibits shouldbe marked "R-1," R-2," "R3," etc. IfExhibits are voluminous, they should be tabbed and placed in a 3-ring binder. H. Examination Process atthe Hearing: Atthe Hearing, there will be the opportunity for direct examination, cross-examination, and redirect examination ofeach witness. Only one representative ofa party may direct or cross-examine a witness onbehalfofthat party. 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.

Page 4 ofS·'
I. Court Filing ofExhibits withthe Hearing Docket: All Exhibits movedfor admission during the Hearing will be attached to the Hearing transcript and filed With the Hearing Doclcet by the courtreporter. Any Exhibits not moved for admission atthe Hearing will be returned to the.parties or destroyed. · 

### J. Clarification or Questions: For clarifications ofthis order or questions with regard to the procedures to be followed inthis case, please contact 

### Mr. Cody 

### L. Smith, Attorney-Advisor, atthe Office ofBearings (202-366-6941).

.

Attachment:**Se~ice** List

Page 5 ofS

### 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~30** 

### Wilbur Wright Building-Suite 2W1000 1



### Mr. Zachery M. Berman 

### Complainant's Counsel Office ofthe ChiefCounsel Federal Aviation Administration 1-Aviation Plaza Jamaica, NY 11434 TEL: 718-553-3258 FAX: 718-995-5699 Mr. Mark A. Dombroff 

### Respondent's Counsel McKenna Long & 

### Alderidge 1676 International Drive PH McLean, VA 22102 TEL: 703-336-8700 FAX: 703-336-8750 Judge J.E. Sullivan


### · U.S. Administrative LawJudge

Office ofHearings, M-20 ONE COPY

U.S. Department ofTransportation 1200 New Jersey Avenue, S.E. (E11-310) Washington, DC 20590 TEL: 202-366-6941 FAX: 202-366-7536 DocketNo. FAA-2014-0111 (Civil Penalty Action)

1 Service was byU.S. Mail. For service iD. person or by expedited courier, use the following address: Federal Aviation Administration, 600 Independence Avenue, S.W., Wilbur Wright Building-Suite 2WIOOO, Washington, DC 20591; Attention: Hearing Docket Clerk, AGC-430. ·