In The Matter Of: 

SERVED NOVEMBER 2, 2012 

U.S. DEPARTMENTOF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, DC 

Docket No. FAA-2012-0781 

BRAILLE BATTERY, INC 

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Respondent ) Case No. 2011 SO .700298 

ORDER 

SETTING LITIGATION DATES AND PROCEDURES 

On August 9, 2012, an Order Setting Rule 16 Litigation Scheduling Conference, 

and Directing Rule 26(f) Planning and Submission was filed. . 

On October 31, 2012 the parties filed a jointly proposed Rule 26(f) Procedural 

Schedule. 

On November 1, 2012, the parties appeared by telephone for a Rule 16 Litigation 

Scheduling Conference, and dis~ussed their calendar availability, hearing dates, and other 

litigation procedural matters. Pursuant to 14 C.F.R. §13.205(a)O), (6) and (7), Civ. R. 16, 

14 C.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 

parties to 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. On or 

before November 22, 2012, the parties shall begin exchanging or serving 

additional general discovery requests pursuant to CR 26 - CR 36 and 14 C.F .R. 

§ 13.220(b) and (e). This includes, but is not limited to: notices of deposition; 

subpoenas duces tecum; propounding interrogatories; requests for production of 

documents; the disclosure of expert testimony pursuant to CR 26(a)(2), etc. 

3. Service of Interrogatories. Pursuant to 14 C.F .R. § 13 .220(k)( 1 ), a party shall not 

serve more than thirty (30) interrogatories to each other, and each subpart of an 

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 of the interrogatories. Pursuant to 14 C.F.R. § 13.220(m) and · 

Paragraph D herein, any motions to compel for deficient interrogatory response(s) 

shall be filed within ten (10) days after receipt of the objection or defiCient 

answer. 

. . . 

5. February 7, 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. 

§ 13 220(b) and (e). This includes, but is not limited to, the taking of depositions 

and serving responses to all Requests for Discovery. 

6. February 21, 2013: Supplemental Discovery Request Deadline. The last date 

for both parties to complete exchange of all supplemental discovery requests 

based. on the general discovery exchange, including but not limited to the notices 

of supplemental depositions, and other requests. 

7. March 5, 2013: Deadline for both parties to finish taking supplemental 

depositions, and responding to and serving answers to aU supplemental discovery 

requests pursuant to CR 26- CR 36 and14 C.F.R. § 13.220(i). · 

8. March 26, 2013: Deadlines for Filing Dispositive Mot~on(s). The last date for 

both parties 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 (if any). 

9. May 21,2013: ll:OOam -12:00pm EST: Telephone conference for oral 

argument on dispositive motions. N.B. If the 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 Of Witnesses Exchange ofExhibits due date. The last date 

for each party to. serve and file the following: 

a) A list of the witnesses the party intends to call; 

b) A short statement of the testimony expected from each such witness; 

c) The resume of each 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- June 27,2013: 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. The Hearing 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 of the Hearing will be provided to the parties prior to the 

Hearing. 

B. Requests for modification of the litigation dates set forth in paragraph 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 on the result of this discussion shall be included 

by the movant ~n the Motion. 

C. Discovery requests or documents complying with discovery requests need 

not be filed in this case with the Office of Hearings, except as part of a motion regarding 

disputed discovery, or as part of a motion to compel discovery. 

D. Any Motions regarding discovery, including a Motion to Compel 

Discovery, must be filed within ten (10) calendar days after service of a 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 opposition to discovery motions must be filed within ten (10) calendar 

days after service of the motion. The failure to timely file objections to discovery may 

result in the objections being deemed waived. Belated service of b4Tdensome discovery 

requests may also be grounds for denial of a motion to compel compl.iance with such 

requests. 

E. Each party must bring to the hearing at le~;~.st three copies of any 

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. At the hearing, there will be the opportunity for direct examination, crossexamination, redirect examination and re-cross-examination of each witness. Only one 

representative of a party may cross-examine a witness on behalf of that party. Pursuant to 

14 C.P.R. §13.205 and 14 C.F.R. §13.222, the Federal Rules of Evidence will be utilized 

as a guideline in determining the admission of all evidence .. 

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G. Prior to the hearing date(s), if a party wishes to schedule oral argument on 

any motion, or set up any type of telephone conference on the 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 of Hearings (202-366-2132) as soon as possible, 

with at least three (3) mutually-agreed; proposed alternate dates/times for the Judge's 

consideration. The movant shall be responsible for contacting the Office of Hearings. 

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 of Hearings (fax: 202-366-7536) by the close of business on 

Thursday, November 1, 2012. 

J. For clarifications of this order or questions with regard to the procedures 

to be followed in this case, please contact Attorney-Advisor Cody L. Smith at (202) 366-

6941 1;1.t the Office of Hearing·s. 

. Attachment: Service List 

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SERVICE 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 2W1 0001 

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 of the 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 Law Judge 

OfficeofHearings, M-20 

U.S. Department of Transportation 

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

Washington, DC 20590 

TEL: 202-366-2132 

FAX: 202-366-7536 

'. 

FDMS No. FAA.;2012-0781 

(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. ·