In The Matter Of: 

## SERVED NOVEMBER2, 2012 U.S. DEPARTMENTOF TRANSPORTATION OFFICE OF HEARINGS WASHINGTON, DC

DocketNo. FAA-2012-0781 BRAILLE BATTERY, INC ) ) ) ) ) Respondent Case No. 2011 SO .700298


### ORDER SETTING LITIGATION DATES AND PROCEDURES OnAugust 9, 2012, an Order Setting Rule 16Litigation Scheduling Conference, and Directing Rule 26(f) Planning and Submission was filed.
. On October 31, 2012 the parties filed ajointlyproposed Rule 26(f) Procedural Schedule. OnNovember 1, 2012, theparties appeared bytelephone for a Rule 16 Litigation Scheduling Conference, and**dis~ussed** their calendar availability, hearing dates, and other litigation procedural matters. Pursuantto 14 C.F.R. §13.205(a)O), (6) and (7), Civ. 

### R. 16, 14C.F.R. §13.217, and 14 C.F.R. §13.220, and after reviewing all relevant caselaw, regulation, statutory authority, and being fully advised; 

### IT IS HEREBY ORDERED: A. The litigation dates and hearing dates are hereby set as follows: 1. November 

### 22, 2012: Initial Discovery exchange deadline. The last date for the partiesto serve each other with initial discovery requests materials pursuant to Civ. 

### R. 26(a)(l)(A). 2. November 

### 22,2012: Deadline to Begin General Discovery Exchange. Onor before November 22, 2012, theparties shall begin exchanging or serving additional general discovery requestspursuant to CR26

- CR 36 and 14 C.F

### .R. §13.220(b) and (e). This includes, butis not limitedto: notices ofdeposition; subpoenas duces tecum; propounding interrogatories; requests for production of documents; the disclosure ofexperttestimonypursuant to CR26(a)(2), etc. 3. Service ofInterrogatories. Pursuantto 14 C.F.R. 

### §13.220(k)(

### 1 ), a party shall not serve more than thirty (30) interrogatories to each other, andeach subpart ofan interrogatory shall be counted. as a separate interrogatory.4. Objections to, and Motions Regarding, Interrogatories. Pursuant to 14 C.F.R. 

### § 13.220(k), any objection(s) to interrogatories shall be filed within 

### ten (10) days after receipt ofthe interrogatories. Pursuant to 14 C.F.R. 

### § 13.220(m) and · Paragraph D herein, any motions to compel fordeficient interrogatory response(s) shall be filed within 

### ten (10) days after receipt ofthe objection or defiCient answer.

. . . 

### 5. February7, 2013: Deadline for Responses.to General Discovery Requests. The last date for both parties to finish responding and serving answers to all additional general discovery requests pursuant to CR 26- CR 36 and 14 C.F.R. 

### §13220(b) and (e). This includes, but is not limited to, the taking ofdepositions and serving responses to all Requests for Discovery. 6. 

### February 21, 2013: SupplementalDiscovery Request Deadline. The last date for bothparties to complete exchange ofall supplemental discovery requests based.onthe general discovery exchange, including but not limited to the notices ofsupplemental depositions, and other requests. 

### 7. March 5, 2013: Deadline for bothparties to finish taking supplemental depositions, and responding to and serving answers to aU supplemental discovery requests pursuantto CR 26- CR 36 and14 C.F.R. §13.220(i). · 8. 

### March 26, 2013: Deadlines for FilingDispositive**Mot~on(s).** The last date for bothparties to file apy/all pre-hearing dispositive motions, including Default Motions and/or Summary Judgment Motions. a) 

### April16, 2013: Deadline for filing Answer to Dispositive Motion(s); b) 

### April30, 2013: Deadline for filing Reply (ifany). 9. 

### May 21,2013: ll:OOam -12:00pm EST:Telephone conference for oral argument on 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. 10. 

### May 31,2013: List 

### OfWitnesses Exchange ofExhibits due date. The lastdate for eachparty to. 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; and d) The documents the party intends to offer in evidence (pre-marked as noted in
·paragraph

## E, infra). 11. 

### June 11, 2013: Motions 

### in Limirze or Stipulations. Deadline for the parties to file any written motions 

### in limine and/or stipulations, 12. 

### June 25,2013- June27,2013: Hearing dates.·

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# .. Based on the parties' agreement, the Hearing will take three (3) days or less. The Hearing will begin on

### Tuesday, June 25,2013 (9:00am-5:00pm) in Tampa, Florida. TheHearing will continue on 

### Wednesday, June 26, 2013 (9:00am-5:00 pm), and end on 

### Thursday, June 27, 2013 (9:00am-5:00pm). The specific location ofthe Hearing will be provided to the parties priorto the Hearing.
B. Requests for modification ofthe litigation dates setforth inparagraph A may be made by written Motion. Before filing such a Motion, however, the party seeking the modification shall contact the opposing party and seek to arrive at mutually convenient alternative date(s). A report onthe result ofthis discussion shall be included bythe movant**~n** the Motion. C. Discoveryrequests or documents complyingwith discovery requests need not be filed in this case withthe Office ofHearings, except as part ofa motion regarding disputed discovery, or as part ofa motion to compel discovery. D. Any Motions regarding discovery, including a Motionto Compel Discovery, must be filed within 

### ten (10) calendar days after service ofa deficient
. response or after the response to the discovery is due, whichever occurs first Motions to Compel and other discovery motions must be accompanied by the relevant discovery requests and responses, and a declaration by the moving party, pursuant to Civ. R. 37(a)(l), that the movant has conferred or attempted to confer in good faith with the party alleged to have failed to make discovery or disclosure. The Civ. R. 37(a)(l) declaration shall specifically indicate the efforts made by the movant to resolve the dispute and identify which discovery matters remain in dispute.
. Statements in oppositionto discovery motions must be filed within 

### ten (10) calendar days after service ofthe motion. The failure to timely file objections to discoverymay result in the objections being deemed waived. Belated service ofb4Tdensome discovery requests may also be grounds for denial ofa motion to compel compl.iance with such requests. E. Each party must bringto the hearing at**le~;~.st** three copies ofany documents it intends to offer in evidence as exhibits (one for the Judge and two for the official reporter). The exhibits should be pre-marked. Complainant's exhibits should be marked "C-1," "C-2," "C-3," etc. Respondent's exhibits should be marked "R-1," R-2," "R-3," etc. F. Atthe hearing, there will be the opportunity for direct examination, crossexamination, redirect examination and re-cross-examination ofeach witness. Only one representative ofa party may cross-examine a witness on behalfofthat party. Pursuant to 14 C.P.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
..

3G. Priorto the hearing date(s), ifa party wishes to schedule oral argument on any motion, or setup any type oftelephone conference onthe Judge's calendar, the party shall first confer with opposing counsel about mutually agreeable alternate dates, and then contact

## C. Diane Mays at the Office ofHearings (202-366-2132) as soon as possible, with at leastthree (3) mutually-agreed; proposed alternate dates/times for the Judge's consideration. The movant shall beresponsible for contactingthe Office ofHearings. 

### H. Stipulated Venue: The parties agreed that the venue location for the hearing is Tampa, Florida. 

### I. Respondent Answer: The Respondent shall fax a courtesy copy ofits Answer to the Office ofHearings (fax: 202-366-7536) by the close ofbusiness on Thursday, November 1, 2012. J. For clarifications ofthis order or questions withregard to the procedures to be followed inthis case, please contactAttorney-Advisor Cody L. Smith at (202) 366- 6941 1;1.t the Office ofHearing·s.

. Attachment: Service List

4

### SERVICE LIST- BY U.S. 

### MAIL ORIGINAL & 

### ONE COPY

· Federal Aviation Administration

800 Independence Avenue, S.W. Washington, DC 20591 · Attention: HearingDocket Clerk, AGC-430 Wilbur Wright Building-Suite2W1000 1



### Charles Fletcher, 

### Respondent's Counsel Gray-Robinson, P;A. · 201 N. Franklin St., Suite 2200 Tampa, FL 33602 TEL: 813-273-5000 FAX: 813-273-5145 Gerald A. Ellis, 

### Complainant's Counsel Office ofthe Regional Counsel, AS0-7 Southern Region Federal Aviation Administration P.O. Box 20636 Atlanta, GA 30320 · TEL: 404-305-5200 FAJ(: 404-305-5223 

### ONE COPY

The Honorable J.E. Sullivan,

### Administrative LawJudge OfficeofHearings, M-20 U.S. Department ofTransportation 1200 NewJersey Avenue, S.E. (Ell-310) Washington, DC 20590 TEL: 202-366-2132 FAX: 202-366-7536 

# '. FDMS No. FAA.;2012-0781 (Civil PenaltyAction)

1 Service was by U.S. Mail. For service in person orby expedited courier, use the following address: Federal Aviation Administration, 600 Independence Avenue, S.W., Wilbur Wright Building-Suite2W1000, Washington, DC 20591; Attention: Hearing Docket Clerk, AGC-430. ·