In The Matter Of: 

SERVED: August 31, 2016 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, DC 

Docket No. FAA-2016-4269 

VAN AIR MANUFACTURING, INC. 

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Case No. 2014-GL-70-0045 

Respondent 

ORDER SETTING 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 appeared by telephone for the Rule 16 Litigation 

Scheduling Conference. During this Conference the parties discussed the Proposed Scheduling 

and Discovery Plan, their calendar availability, hearing dates, and other litigation procedural 

matters. 

Pursuant to 14 C.P.R.§§ 13.205, 13.217,. 1'3.220, and Civ. R. 16, and after reviewing all 

relevant caselaw, regulations, 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. September 7, 2016: Deadline for Initial Disclosures. To ensure that the parties have 

sufficient time to address all issues in dispute, the parties shall serve each other with 

initial disclosures (as described in Civ. R. 26(a)(1 )(A)(i), (ii), and (iii)), on or before 

September 7, 2016, without waiting for a specific discovery request. This includes the 

FAA specifying the number of violations 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. If not, then to ensure full 

use of the discovery time allotted in this case, the parties may begin exchanging or 

serving general discovery requests on or before August 31, 2016, pursuant to 14 C.F.R. § 
13.220 (b), (c), (d) and (e). Discovery requests must be served sufficiently early in the 

discovery period to permit the .s .. ervict; ,of responses thereto prior to the deadline for ' .: . 1 ~ { ' 

completing general discovery. 

General discovery inCludes, but is not limited to: notices of deposition; requests for 

production of documents; 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. September 27,2016: Deadline for Requesting Initial Discovery. On or before 

September 27, 2016, the parties shall finish serving requests for all general discovery. 

4. Service of Interrogatories. Pursuant to 14 C.F.R. § 13.220(k)(l), a party shall not serve 

more than thirty (30) interrogatories upon each other. Each subpart of an 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. Optional Pre-Motion Confer~,~~e:'~.e;. J)ii~~yery Disputes: To provide a more efficient 

manner to resolve discovery disput~s·\~?tthbltf.'the burden of filing 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 (1 0) days after the discovery 

dispute arises, pursuant to the directions contained in paragraph D infra. 

6. Motions to Limit Discovery upon Receipt of Discovery Request: A party served with a 

discovery request who seeks to limit discovery pursuant to 14 C.F.R. § 13.220(f), (g), and 

(h), shall file a Motion for Relief within fifteen (15) days after service of the disputed 

discovery request, or as directed by the Court if an optional Pre-Motion Conference is 

first convened. 

a. Good Faith Declaration Included: The Motion must include a declaration by 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 and resolve the matter informally, prior to seeking court relief. 

b. Copy of Disputed 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 • 1-, sl ... ~ .... - -H.~ t~ .. 'lt.. .. (} 't 

or the Response. \~:. i (\,, (·•J,H.;::.~·,,~ · .

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c. Response to Motion to Limit Discovery: Any Response to the Motion should be 

filed no later than ten (1 0) days after service of the Motion. 

Page 2 of 6 
7. Motions to Compel Discovery: A party seeking to compel discovery must file a Motion 

to Compel within fifteen (15) days after service of a 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 Faith Declaration Included: The Motion must include a declaration by the 

moving party, confirnifrig tliattl;l.e:~titant has already conferred or attempted to 

confer in good faith w:itb the opp1

o'Slng party regarding the disputed discovery or 

disclosure, to try and resolve the matter informally, prior to seeking court relief. 

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 Supplement or Amend Discovery. Pursuant to 14 C.P.R.§ 13.220(i), a party 

who has responded to a discovery request in this case has a duty to supplement or amend 

the response throughout the litigation period, as soon as the information is known. 

9. Retained/Hired or Employee Expert Witness Disclosures. If a party retains or hires a 

witness to provide expert testimony, or a party intends to utilize the testimony of an 

employee to give expert testimony-then the party intending to offer such witness shall 

disclose this retained or employee expert witness to the opposing side pursuant to the 

timeline below. The expert witness disclosure shall include the name of the witness, the 

witness's expert resume or qualifications, and the witness's written report or statement of 

opinion (including disclosure of the basis of that opinion). ~ I ~~ [ •. ~. ·~ .. t . .'(':'L. I 

a. FAA Expert 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. October 25, 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 or before 

November 8, 2016, the parties shall finish serving any follow-up discovery requests. 

12. December 6, 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 of 6 
13. Duty to Supplement or Amend Discovery. Pursuant to 14 C.P.R.§ 13.220(i), a party 

who has responded to a discovery request in this 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 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. February 24, 2017: Deadline for filing Answer to Dispositive Motion(s); 

b. March 17, 2017: Deadline for filing Reply (if any). 

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. lfthe parties do not file dispositive motions, 

then this Telephone ConferenceiwillJje. autqmatically converted and held as a Pre- t(;;,; '. -;i ' '··: ·~. ·~.·: ~.;4 \ 'r. . ~ ' 

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 of Witnesses/Exchange ofExhibits. On or before June 6, 2017, the 

parties will 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 or statement of qualifications of each 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 brief description of each document. 

17. June 6, 2017: Written Stipulations and/or Agreed Motions in Limine. On or before 

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. Telephone Motion Confere~c~.: Jpq.e 27, ~pt7 (1:30 p.m.-3:00p.m. ET). The parties 

shall convene by telephone 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 a joint agreement that 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 on the 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 of the Hearing will be provided to the parties prior to the Hearing. 

Page 4 of 6 
B. Discovery Requests and Exchanges: 

Discovery requests and exchanges need not be filed with the Office of Hearings, except 

as part of a motion regarding limited discovery, disputed discovery, or as part of a motion to 

compel discovery. 

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C. Failure to Move for Timely Reli~f/4,~t~l§~~e of Discovery: 

The failure to timely respond to disco"verf'r~quests, and/or to timely move for relief 

regarding discovery disputes during the discovery period, may result in a finding that the 

party has, through its actions, waived its right to relief. Late service of discovery requests 

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

D. Scheduling Motion or Pre-Hearing Conferences on the Judge's Calendar: 

Prior to the Hearing date(s), if a party wishes to schedule oral argument on any motion, or 

set up any type of pre-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 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. 

E. Exhibits Brought to the Hearing: 

Each party must bring to the Hearing at least three copies of any documents it intends to 

offer in evidence as exhibits (two for the Judge and one for the court reporter). 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 •. ~- .... ..4'1 \: -~ ~ 

marked "R-1 " R-2 " "R-3 " etc. . . , .l; .... r;r.: ·. ' ' ' '(~( ~~<tl..llfi(~.\~f~(~l \ . ). i._. .... , · -~-~--~ ~·;L' ~ 

F. Examination Process at the Hearing: 

At the Hearing, there will be the opportunity for direct examination, cross-examination, 

and redirect examination of each witness. Only one representative of a party may direct or 

cross-examine a witness on behalf of that party. Pursuant to 14 C.P.R. § 13.205 and 14 

C.P.R.§ 13.222, the Federal Rules of Evidence may be utilized as helpful guidance in 

determining the admission of evidence. 

G. Attorney Withdrawal: 

Pursuant to 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 of the attorney's intent to 

withdraw; 

2. The name of the designated agent/lay representative if the Respondent in the 

action is a business entity; 

3. The current business address, telephone number, and fax number of the 

Respondent and of its design~~~d ag~p~·; 

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4. A statement that the Respondent has been notified in writing of the pending 

hearing dates in this litigation, as well as the pending pre-hearing discovery 

deadlines and telephone conferences; and 

5. A statement that the Respondent has been provided a copy of all Orders issued in 

this litigation, as well as any other legal documents to which the Respondent is 

entitled. 

H. Court Filing of Exhibits with the Hearing Docket: 

All Exhibits that the parties have moved for admission during the Hearing will be 

attached to the court transcript and filed by the court reporter. 

I. Requests for Modification of this Order: 

Any requests for modification of the litigati9n dates and procedures set forth in this Order 

should be made by written Motion . .fhb p~f1J.es~fii~y also file a joint written request for 

modification. ·'" ., ·" ~ ···· · · .. 

J. Clarification or Questions: 

For clarifications of this order or questions with regard to the procedures to be followed 

in this case, please contact Mrs. Rachael Brown, Judicial Assistant, at the Office of Hearings 

(202-366-2132). 

Attachment: Service List 

;.·. ' f • ~ ·, . 

~~ .. Pf:t~, .J'\'llL 

Page 6 of 6 
Docket No. F AA-2016-4269 

(Civil Penalty Action) 

SERVICE LIST- BY U.S. MAIL 

Federal Aviation Administration 

800 Independence A venue, S. W. 

Washington, DC 20591 

Attention: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building-Suite 2W1 0001 

ONE COPY 

Ms. Kate Barber 

Complainant's Counsel 

Enforcement Division, Midwest Teram 

Federal Aviation Administration 

2300 East Devon Avenue 

Des Plaines, IL 6060 1 

TEL: 847-294-7862 

FAX: 847-294-7498 

Mr. John Hoff 

Mr. Jared A. Schneider 

Respondent's Counsel 

Cremer, Spina, Shaughnessy, Jansen & Siegert, LLC 

One North Franklin Street, 1oth Floor 

Chicago, IL 60606 

TEL: 312-726-3 800 

FAX: 312-726-3818 

Judge J.E. Sullivan 

US. Administrative Law Judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

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 or by 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.