In The Matter Of: 

## SERVED: September 18,2013

U.S. DEPARTMENT OFTRANSPORTATION OFFICE OF HEARINGS WASHINGTON, DC**~**.. - : -.,

Docket No. FAA-2013-0288 AVIONICS MASTERS, INC. ) ) ) ) ) Case No. 2012S0190209 Respondent

ORDER SETTINGLITIGATIONDATES AND PROCEDURES ' 

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OnJuly 11, 2013, an Order Setting Rule 16 Litigation Scheduling Conference and Directing Rule 26(f) Planning and Submission was filed. On September 3, 2013, the Respondent filed Respondent's Answerto the Complaint. On September 10, 2013, the parties filed a Join Proposed Scheduling/DiscoveryPlan. On September 17, 2013, the parties appeared bytelephone for a Rule 16 Litigation Scheduling Conference, and discussed their calendar availability, hearing dates, and other litigationprocedural matters. Pursuantto 14 C.F.R. §13.205(a)(l), (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. October 

### 1, 2013: Deadlinefor InitialDisclosures. The last date for the parties to serve each otherwith initial disclosures pursuant to Civ. R. 26(a)(1)(A). 2. October 

### 15,2013: GeneralDiscovery StartDate. On or before October 15, 2013, the parties shall begin exchanging or serving general discovery requests pursuant to CR26

- 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; interrogatories; requests for production of documents; and the disclosure ofexpert testimony pursuantto CR26(a)(2). 3. Service oflnterrogatories. Pursuant to 14 C.F.R. §13.220(k)(l), a party shall not serve more than thirty (30) interrogatories to each other, and each subpart ofan interrogatory shall be counted as a separate interrogatory. Page 1 of44. Motions Regarding 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 with the Office ofHearings within 

### ten (10) days after receipt ofthe objection ordeficient answer. 5. 

### December 18,2013: Deadline for Completing GeneralDiscovery. The last date for bothparties to finish responding and serving answers to all general discovery requests pursuantto Civ. R. 26- Civ. R. 36 and 14 C.F.R. §13.220(b) and (e). This includes, but is not limitedto, the taking ofdepositions and serving responses to all requests for discovery. · 6. 

### January 10, 2014: SupplementalDiscovery Request Deadline. The last date for both parties to complete exchange ofall supplemental discovery requests based onthe general discovery exchange, includingbut not limited to the notices ofsupplementaldepositions, and other requests. 7. 

### February21,2014: Deadline for Completing SupplementalDiscovery. Deadline for bothparties to finish taking supplemental depositions, and responding to and serving answers to all supplemental discovery requests pursuant to Civ. R. 26- Civ. R. 36 and 14 C.F.R. 

### § 13.220(i). 8. 

### March 6, 2014: Deadlines for Filing Dispositive Motion(s). The last date for both parties to file any/all pre-hearing dispositive motions, including Default Motions and/or SummaryJudgment Motions. a) 

### March 20,2014: Deadline for filing Answer to Dispositive Motion(s); b) 

### April3, 2014: Deadline for filing Reply (ifany). 9. 

### Apri115, 2014 (1:30pm -3:00pmEST): TelephoneMotion Conference. The date and time for the parties to appearby telephone for a motion conference, to present oral argument ondispositive motions. The Office ofHearings will provide the parties with the conference call informationpriorto the conference date. Note: Ifthe parties do not file dispositive motions, thenthis Telephone Motion Conference will be automatically converted andheld as a Pre-Hearing Status Conference. 10. 

### May 16,2014: List ofWitnesses/Exchange ofExhibits due date. The last date 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. 

### May30, 2014: Written Stipulations and/orMotions 

### in Limine due date. The deadline for filing written stipulations and/or Motions in Limine.

Page 2 of412. 

### June 10,2014- June 12,2014: Hearing dates. Based on the parties' agreement, the Hearing will take 3 days orless. The Hearing will begin on 

### Tuesday, June 10, 2014 (9:00a.m-5:00p.m. ET) in Fort Lauderdale, Florida and end on 

### Thursday,June 12,2014 (9:00 a.m.-5:00p.m. ET). The specific location ofthe Hearing will be provided to the parties priorto the Hearing. B. Requests for modification ofthe litigation dates set forth in paragraph A maybe 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 by the movant in the Motion. C. Discovery requests or documents complying with discovery requests need not be filed withthe Office ofHearings, except as part ofa motion regarding disputed discovery, or as part ofa Motionto Compel Discovery. D. Any Motions regarding discovery, including a Motion to Compel Discovery, must be filed within 

### ten (10) days after service ofa deficient response orafterthe 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, pursuantto Civ. R. 37(a)(1), that the movant has conferred orattemptedto confer in good faith withthe party alleged to have failed to make discovery ordisclosure. The Civ. R. 37(a)(l) declaration shall specifically indicate the efforts made bythe movant to resolve the dispute and identify which discovery matters remain in dispute. Statements in opposition to discovery motions mustbe filed within 

### ten (10) days after service ofthe motion. The failure to timely file for reliefmay result inthe objections being deemed waived. Belated service ofburdensome discovery requests may also be grounds for denial ofa motionto compel compliance with such requests. E. Eachparty mustbring to the hearing at least three copies ofany documents it intends to offer inevidence as exhibits (one for the Judge and two for the official reporter). 

### The exhibits must have an index cover sheet,.and should be pre-marked. Complainant's exhibits should be marked "C-1," "C-2," "C-3," etc. Respondent's exhibits shouldbe marked "R-1," R2," "R-3," etc. F. At the 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 onbehalfofthatparty. Pursuantto 14 C.F.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. G. Priorto the hearing date(s), ifa party wishes to schedule oral argument on any motion, or set up any type oftelephone conference on the Judge's calendar, the party shall first confer with opposing counsel about mutually agreeable alternate dates, and then Mr. Cody L. Smith, Attorney-Advisor, at the Office ofHearings (202-366-6941) as soon as possible, with at
Page 3 of4least three (3) mutually-agreed, proposed alternate dates/times for the Judge's consideration. The movant shall be responsible for contacting the Office ofHearings. H. Stipulated Venue: The parties agreed that thevenue location for the hearing is Fort Lauderdale, Florida. (Ifcourtroom facilities are unavailable inthat city, the parties agree that Miami, Floridamay be utilized as an alternate location). I. 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. Inthis Motion, Inthis Motion, the attorney shall confirm the following: 1. The date, address, and methodby whichthe Respondent was served with written notice ofthe attorney's intent to withdraw; 2. The name ofthe designated agent/lay representative ifthe Respondent inthe action is a business entity; 3. The current businessaddress, telephone number, and fax number ofthe Respondent and ofits designated business agent; 4. The date and method by which the Respondent was notified inwriting ofthe pending hearing dates in this litigation, as well as the pending pre-hearing discovery deadlines and telephone conferences; and 5. The date and method by which the Respondent was provided a copy ofall Orders issued ip this litigation, as well as any other legal documents to which the Respondent is entitled.

J. For clarifications ofthis order or questions with regard to the procedures to be followed inthis case, please contact Mr. Cody L. Smith, Attorney-Advisor, at the Office of Hearings (202-366-6941).

Attachment: Service List

Page 4 of4SERVICE LIST ORIGINAL & ONE COPY Federal Aviation Administration 800 Independence Avenue, S.W. Washington, DC 20591 Attention: Hearing Docket Clerk, AGC-430 Wilbur Wright Building-Suite2W1000 1

Mr. Christopher R. Stevenson Complainant's Counsel Federal Aviation Administration Office ofthe Regional Counsel, ASO-7 Southern Region P. 

### 0. Box 20636 Atlanta, GA 30320 TEL: 404-305-5200 FAJ<: 404-305-5223 Mr. Charles L. Hunt, Jr. ONE COPY

Mr. Vincent Sortino, Accountable Manager Respondent'sLayRepresentatives Avionics Masters, Inc. 1001 West Cypress Creek Road, Suite 309 Ft. Lauderdale, FL 33 309 TEL: 954-491-2580 FAJ<: 954-491-5279
Judge J.E. Sullivan US. Administrative LawJudge U.S. Department ofTransportation Office ofHearings, M-20 1200 NewJersey Avenue, S.E. (Ell-310) Washington, DC 20590 TEL: 202-366-2132 FPLK: 202-366-7536 FDMS No. FAA-2013-0288 (Civil Penalty Action)

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 WrightBuilding-Suite 2Wl000, Washington, DC 20591, Attention: HearingDocket Clerk, AGC-430.