### In The Matter Of: 

## SERVED: JANUARY 23, 2015
U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS WASHINGTON, DC

" 

### DocketNo. FAA-2014-0806 UNITED PARCEL SERVICE COMPANY ) ) ) ) ) ) 

### Case No. 2011CE250036 Respondent



### ORDER CANCELLING THE RULE 16 LITIGATION SCHEDULING CONFERENCE ··- t ·- ·-

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### On November 24, 2014, an Order Setting Rule 16 Litigation Scheduling Conference and Directing Rule 26(£) Planning and Submission ("Order") was filed. Among otherthings, this Order setthe Rule 16 Litigation Scheduling Conference for January 27, 2015, at 10:00 a.m. Eastern time. The Order also directed the parties to confer informally priorto January 27, 2015, and engage in a good faith discussion about the case (Order, 2**~2).** 

### Ifthe good faith discussion did not result in settlement, the parties were directed to develop and file, on orbefore January 20, 2015, ajointly written proposed scheduling/discovery plan ("Plan"). The Order further directed the parties to file a working copy ofthe Plan by "fax, express carrier, or personal delivery" by the January 20, 2015 deadline. (Order, 2**~2).** 

### On January 20,2015 the FAA and the Respondent failed to file ajointly written proposed discovery plan. In addition, neither the FAAnor the Respondent filed an individual proposed plan, or notified the court ofany inability to comply with the court order. On January 21,2015, one day after the January 20,2015 deadline, the Respondent filed a two-page Letter (dated January 20, 2015), which had been sentbyregular U.S. mailing. The Respondent had not filed a working copy with the court. Inthis Letter, the Respondent acknowledged ithad received the November 24, 2014 Order, and was fully aware ofthe contents ofthe Order. The Respondent had not complied. Instead, the Respondent asserted that it sought
an "abeyance" ofthe deadline (which had expired the day prior), and a "clarification" ofthe scope ofcourt's authority to directthe parties under the Federal Aviation Rules ("FARs").I ' The Respondent's January 21, 2015 Letter didnot indicate whether ornotthe FAAwas in agreement with the Respondent's actions orposition. Nevertheless, as oftoday'sdate (January 23, 2015) the FAA has not filed an individual proposed Plan, nor filed any other document withthe court. BriefDiscussion Among otherthings, the November 24,2014 Order gave the parties a period offiftyseven (57) calendar days to meet and discuss the case, and file a proposed discovery planwith the court. This fifty-seven day period was also available for the parties to file motions, request a change in the date ofthe conference, request clarifications or assistance from the court, or settle the case. The parties have failed to comply withthe November 24, 2014 Order. Instead, after a court-ordered deadline expired, the Respondent filed a Letter and raised questions about the scope ofthe court's procedural authority under the PARs to direct the parties**~n** procedural matters. The mannerin which the Respondenthas raised its questions also demonstrates an issue -whetherlitigants (or officers ofthe court) may unilaterally choose to ignore ordisobey court orders ifthe litigants (or officers ofthe court) disagree with the court's procedural or substantive decisions. These issues need to be addressed before the court may proceed with litigation scheduling.
Pursuant to 14 C.P.R.§§ 13.205(a)(l) and (8), and after reviewing all relevantrecords, caselaw, regulations, statutory authority, and being fully advised;
IT IS HEREBY ORDERED: 1. The Rule 16 Litigation Scheduling Conference, scheduled for Tuesday, January 27, 2015 (10:00 am) is canceled on court motion.
2. Separate Orders will issue regarding the matters raised bythe parties' non-compliance with the November 24, 2014 Order and the Respondent's January 21, 2015 Letter.

Attachment: Service List Page 2 of2SERVICE LIST- BY U.S. MAIL ORIGINAL & ONE COPY Federal Aviation Administration 800 Independence Avenue, S.W. Washington, DC 20591 Attention: Hearing DocketClerk, AGC--430 Wilbur Wright Building-Suite2W10001

Ms. Andrea Michelle Harper 

### Complainant's Counsel Federal Aviation Administration Office ofthe Regional Counsel, AS0-7 Southern Region 1

701 ColumbiaAvenue College Park, GA 30337 TEL: 404-305-5200 FAX: 404-305-5223 Mr. MarkA. Dombroff 

### Respondent's Counsel McKennaLong & Aldridge, LLP 1676 International Drive

- Penthouse McLean, VA 22102 TEL: 703-336-8700 E-mail: mdombroff@mckennalong.com Judge J.E. Sullivan 

### US. Administrative LawJudge Office ofHearings, M-20 U.S. DepartmentofTransportation ONE COPY

1200 NewJersey Avenue, S.E. (E11-310) Washington, DC 20590 TEL: 202-366-6941 FAX: 202-366-7536 DocketNo. FAA-2014-0806 (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-Suite2W1000, Washington, DC 20591; Attention: Hearing Docket Clerk, AGC-430.