In The Matter Of: 

### SERVED: August 31, 2016 U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS WASHINGTON, DC
DocketNo. FAA-2016-4269 VANAIRMANUFACTURING, INC. ) ) ) ) ) CaseNo. 2014-GL-70-0045 Respondent 

### ORDERSETTING LITIGATION DATES AND PROCEDURES
On August 4, 2016, an Order Granting the Parties' Agreed Request for Continuance was filed. On August 23, 2016, the parties' Rule 26(f) Report and Proposed Scheduling and Discovery Plan was filed. On August 31, 2016, the parties appearedby telephone for the Rule 16 Litigation Scheduling Conference. Duringthis Conference the parties discussed the Proposed Scheduling and Discovery Plan, their calendar availability, hearing dates, and other litigationprocedural matters. Pursuantto 14 C.P.R.§§ 13.205, 13.217,. 1'3.220, and Civ. R. 16, and afterreviewing all relevant caselaw, regulations, statutory authority, and being fully advised; 

### IT IS HEREBY 

### ORDERED: A. The litigation dates, discoveryprocedures, and hearing dates are hereby set as follows: 1. 

### September7, 

### 2016: Deadlinefor Initial Disclosures. To ensure thatthe parties have sufficienttime to address all issues in dispute, the parties shall serve eachotherwith initial disclosures (as described in Civ. R. 26(a)(1)(A)(i), (ii), and (iii)), on orbefore September 7, 2016, without waiting for a specific discovery request. This includes the FAA specifyingthe number ofviolations it is charging against the Respondent. 2. 

### August 31, 2016: General Discovery Initiated. Pursuant to 14 C.F.R § 13.220(a), the parties may have already begun conducting general discovery. Ifnot, thento ensure full use ofthe discoverytime allotted inthis case, the parties maybegin exchanging or serving general discovery requests on orbefore August 31, 2016, pursuantto 14 C.F.R. §13.220 (b), (c), (d) and (e). Discovery requestsmust be served sufficientlyearly in the discovery period to permitthe.s.. ervict;,of responses thereto priorto the deadline for ' .: . 1

**~** { ' completing general discovery. General discovery inCludes, but is not limited to: notices ofdeposition; requests for production ofdocuments; propounding interrogatories; requests for admission; etc. A party shall respond to a general discovery request no later than 30 days after service of the request, unless otherwise agreed by the parties. 3. 

### September27,2016: Deadline for RequestingInitial Discovery. On orbefore September 27, 2016, the parties shall finish serving requests for all general discovery. 4. Service ofInterrogatories. Pursuantto 14 C.F.R. § 13.220(k)(l), a party shall not serve more thanthirty (30) interrogatories upon each other. Each subpart ofan interrogatory shall be counted as a separate interrogatory.
a. Objection(s) to Interrogatories. Pursuant to 14 C.F.R. § 13.220(k), any objection in response to an interrogatory must include the reason(s) supporting the objection. 5. 

### OptionalPre-Motion



### Confer~,~~e:'~.e;. **J)ii~~yery** Disputes: To provide a more efficient manner to resolve discovery



### disput~s·\~?tthbltf.'the burden offiling a formal motion, a party faced with a discovery problem may opt to request a Pre-Motion Conference with the Court, before filing any formal discovery motion. 

### See Civ. R. 16(b)(3)(B)(v). The movant should request such optional Conference within 

### ten (10) 

### days after the discovery dispute arises, pursuantto the directions contained in paragraph D infra. 6. Motions to Limit Discovery upon Receipt ofDiscovery Request: A party served with a discovery request who seeks to limit discovery pursuantto 14 C.F.R. 

### § 13.220(f), (g), and (h), shall file a Motion for Reliefwithin 

### fifteen (15) 

### days after service ofthe disputed discovery request, or as directedby the Court ifan optional Pre-Motion Conference is first convened. a. Good Faith Declaration Included: The Motion must include a declarationby the moving party, confirming that the movant has already conferred or attempted to confer in good faith with the opposing party regarding the disputed discovery or disclosure, to try andresolve the matter informally, priorto seeking court relief. b. Copy ofDisputed Discovery: Pursuant to 14 C.F.R. § 13.220(b), only a copy of the disputed discovery,.in sugggrt

**of~h~e** motion, should be attached to the Motion

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### ·r .., ....,.r:·· ··II 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.
Page 2 of67. Motions to Compel Discovery: Aparty seeking to compel discovery must file a Motion to Compel within fifteen (15) days after service ofa deficient response or after the response to the discovery was due, whichever occurs first; or as directed by the Court if an optional discovery dispute conference is first convened
a. Good FaithDeclaration Included: The Motion must include a declarationby the moving party, confirnifrig



### tliattl;l.e:~titant has already conferred or attempted to confer in good faith w:itbthe

# opp1 

# o'Slng party regarding the disputed discovery or disclosure, to try and resolve the matter informally, priorto seeking courtrelief. b. Procedure for Motion: Any Motion and/or Response to Compel Discovery shall be filed in the same manner as directed for Motions to Limit Discovery (paragraph 4 (b)-(c) above). 8. Duty to SupplementorAmend Discovery. Pursuant to 14 C.P.R.§ 13.220(i), a party who has responded to a discovery request in this case has a dutyto supplement or amend the response throughout the litigation period, as soon as the information is known. 9. 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 to give expert testimony-thenthe party intending to offer such witness shall disclose this retained or employee expert witness to the opposing side pursuantto the timeline below. The expert witness disclosure shall include the name ofthe witness, the witness's expertresume or qualifications, and the witness's writtenreport or statement of opinion (including disclosure ofthe basis ofthat opinion).

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## Disclosut:~**:pedXi,ii{~:~,,~'~tties** will file agreed dates for expert disclosures by September 

## 14, 2016 b. Respondent Expert Disclosure Deadline: See above
c. Expert Rebuttal Reports Deadline: See above. 10. October25, 2016: Deadline for Responding to Initial Discovery. On or before October 25, 2016, the parties shall finish serving responses to all discovery requests. 11. November 8, 2016: Deadline for Requesting Follow-up Discovery. On orbefore November 8, 2016, the parties shall finish serving any follow-up discovery requests. 12. December6, 2016: Deadline for Responding to Follow-up Discovery. On or before December 6, 2016, the parties shall finish responding to any follow-up discovery requests.

Page 3 of613. Duty to Supplement orAmend Discovery. Pursuant to 14 C.P.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. 14. January 27, 2017: Deadline for FilingDispositive 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. February 24, 2017: Deadline for filing Answer to Dispositive Motion(s); b. March 17, 2017: Deadline for filing Reply (ifany). 15. Telephone Motion Conference: April11, 2017 (1:30 p.m.-3:00p.m. 

### ET). The parties shall convene by telephone for oral argument on any filed dispositive motions on April 11,2017 (1:30 p.m.-3:00 p.in. ET). N.B. lftheparties do not file dispositive motions, then this Telephone ConferenceiwillJje. autqmatically converted and held as a Pre- t(;;,; '. -;i ' '··:

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**~** ' Hearing Status Conference.

**TP.e~·part:i'es ;shtilt·~ccess**  the Court's conference line by calling 1-888-278-0296 (Access Code: 5851842). 16. June 6, 2017: List ofWitnesses/Exchange ofExhibits. On or before June 6, 2017, the parties will 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 or statement ofqualifications 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 E, 

### infra); and e. An index cover sheet with a briefdescription ofeach document. 17. June 6, 2017: Written Stipulations and/orAgreed Motions 

### in Limine. On orbefore June 6, 2017, the parties shall file any written stipulations that narrow the factual or legal issues, and/or that are agreed Motions in Limine. · 18. TelephoneMotion

**Confere~c~.:** Jpq.e27,

**~pt7** (1:30 p.m.-3:00p.m. ET). The parties shall convene bytelephone for



### 9~al**~~~g~urn~~¥~n** any disputed motions in limine or other pre-hearing matters on June 27,'2017'(1



### ~5 p.m.-3:00p.m. ET). NB: This conference will be held unless the parties submit ajoint agreementthat it may be cancelled. The parties shall access the Court's conference line by calling 1-888-278-0296 (Access Code: 5851842). 19. July 19, 2017- July 20, 2017: Hearing Dates. Based onthe parties' agreement, the Hearing will take 2.0 days or less. The Hearing will begin on July 19, 2017 (9:00 a,m-5:00 p.m.) in the Chicago, Illinois area. The Hearing will continue July 20, 2017 and conclude on that day (9:00a.m-5:00p.m.) The specific location ofthe Hearing will be provided to the parties priorto the Hearing. Page 4 of6B. DiscoveryRequests and Exchanges: Discovery requests and exchanges need not be filed withthe Office ofHearings, except as part ofa motion regarding limited discovery, disputed discovery, or as part ofa motionto compel discovery.

,

**~r. ~**  "': j.. t.J." C. Failure to Move for Timely



### Reli~f/4,~t~l§~~e ofDiscovery: The failure to timely respondto



### disco"verf'r~quests, and/or to timely move for relief regarding discovery disputes during the discovery period, may result in a finding thatthe party 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 or Pre-Hearing Conferences onthe Judge's Calendar: Priorto the Hearing date(s), ifaparty 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 Mrs. Rachael Brown, Judicial Assistant, at the Office ofHearings (202-366- 2132) as soon as possible, with at least three (3) mutually-agreed, proposed alternate dates/times for the Judge's consideration. E. Exhibits Broughtto the Hearing: Each party must bring to the Hearing at least three copies ofany documents it intends to offer in evidence as exhibits (two for the Judge and one for the courtreporter). The exhibits must have an index cover sheet, and should be pre-marked and tabbed. Complainant's exhibits should be marked "C-1," "C-2," "C-3,': ytc. Respondent's exhibits should be

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**~-** .... ..4'1 \:

**-~ ~**  marked "R-1 " R-2 " "R-3 " etc. . ., .l; .... r;r.: ·. ' ' '

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**-~-~--~ ~·;L'**  **~** F. Examination Process at the Hearing: At the 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 on behalfofthat party. Pursuant to 14 C.P.R. § 13.205 and 14 C.P.R.§ 13.222, the Federal Rules ofEvidence may be utilized as helpful guidance in determiningthe admission ofevidence. G. AttorneyWithdrawal: Pursuantto 14 C.F.R. § 13.218, an attorney who wishes to withdraw from representing a party must file a Motion to Withdraw. In this Motion, the attorney shall confirm the following: 1. The date the Respondent was served with written notice ofthe attorney's intent to withdraw; 2. The name ofthe designated agent/lay representative ifthe Respondent in the action is a business entity; 3. The currentbusiness address, telephone number, and fax number ofthe Respondent and ofits

**design~~~d ag~p~·;** 
Page 5 of64. A statement that the Respondent has been notified in writing ofthe pending hearing dates inthis litigation, as well as the pending pre-hearing discovery deadlines and telephone conferences; and 5. A statementthat the Respondent has been provided a copy ofall Orders issued in this litigation, as well as any other legal documents to whichthe Respondent is entitled. H. Court Filing ofExhibits with the Hearing Docket: All Exhibits that the parties have moved for admission during the Hearingwill be attached to the courttranscript and filed by the courtreporter. I. Requests for Modification ofthis Order: Any requests for modification ofthe litigati9n dates and procedures setforth in this Order should be made bywritten Motion.

## .fhb

**p~f1J.es~fii~y** also file a jointwritten request for modification. ·'" ., ·"

**~**···· · ·.. 

### J. Clarification or Questions: For clarifications ofthis order or questions with regard to the procedures to be followed in this case, please contact Mrs. Rachael Brown, Judicial Assistant, at the Office ofHearings (202-366-2132).

Attachment: Service List

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Page 6 of6DocketNo. FAA-2016-4269 (Civil Penalty Action) 

### SERVICE LIST- BY U.S. MAIL
Federal Aviation Administration 800 Independence Avenue, S.W. Washington, DC 20591 Attention: Hearing Docket Clerk, AGC-430 Wilbur Wright Building-Suite 2W10001 ONE COPY Ms. Kate Barber 

### Complainant's Counsel Enforcement Division, Midwest Teram Federal Aviation Administration 2300 East Devon Avenue Des Plaines, IL 60601 TEL: 847-294-7862 FAX: 847-294-7498 Mr. John Hoff Mr. Jared A. Schneider 

### Respondent's Counsel Cremer, Spina, Shaughnessy, Jansen & Siegert, LLC OneNorth Franklin Street, 1oth Floor Chicago, IL 60606 TEL: 312-726-3800 FAX: 312-726-3818 Judge J.E. Sullivan 

### US. Administrative LawJudge Office ofHearings, M-20 U.S. Department ofTransportation 1200 New Jersey Avenue, S.E. (E11-310) Washington, DC 20590 TEL: 202-366-6941 FAX: 202-366-7536 t,.:

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-Suite 2Wl000, Washington, DC 20591; Attention: Hearing Docket Clerk, AGC-430.