In The Matter Of: 

SERVED: September 18,2013 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, DC ~ .. - : -., 

Docket No. F AA-20 13-0288 

AVIONICS MASTERS, INC. 

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Case No. 2012S0190209 

Respondent 

ORDER SETTING LITIGATION DATES AND PROCEDURES 

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On July 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 Answer to the Complaint. 

On September 10, 2013, the parties filed a Join Proposed Scheduling/Discovery Plan. 

On September 17, 2013, the parties appeared by telephone for a Rule 16 Litigation 

Scheduling Conference, and discussed their calendar availability, hearing dates, and other 

litigation procedural matters. 

Pursuant to 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: Deadline for Initial Disclosures. The last date for the parties to serve 

each other with initial disclosures pursuant to Civ. R. 26(a)(1)(A). 

2. October 15,2013: General Discovery Start Date. On or before October 15, 2013, the 

parties shall begin exchanging or serving 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; interrogatories; requests for production of 

documents; and the disclosure of expert testimony pursuant to CR 26(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 of an interrogatory 

shall be counted as a separate interrogatory. 

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4. 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 of Hearings within ten (10) days after receipt ofthe objection or deficient 

answer. 

5. December 18,2013: Deadline for Completing General Discovery. The last date for 

both parties to finish responding and serving answers to all general discovery requests 

pursuant to Civ. R. 26- Civ. R. 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. January 10, 2014: 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. February 21,2014: Deadline for Completing Supplemental Discovery. Deadline for 

both parties 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 

Summary Judgment Motions. 

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

b) April3, 2014: Deadline for filing Reply (if any). 

9. Apri115, 2014 (1:30pm -3:00pm EST): Telephone Motion Conference. The date and 

time for the parties to appear by telephone for a motion conference, to present oral 

argument on dispositive motions. The Office of Hearings will provide the parties with 

the conference call information prior to the conference date. Note: If the parties do not 

file dispositive motions, then this Telephone Motion Conference will be automatically 

converted and held as a Pre-Hearing Status Conference. 

10. May 16,2014: List of Witnesses/Exchange of Exhibits 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. May 30, 2014: Written Stipulations and/or Motions in Limine due date. The deadline 

for filing written stipulations and/or Motions in Limine. 

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12. June 10,2014-June 12,2014: Hearing dates. 

Based on the parties' agreement, the Hearing will take 3 days or less. 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 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 ofthis discussion shall be included by the movant in 

the Motion. 

C. Discovery requests or documents complying with discovery requests need not be 

filed 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) 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)(1), 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) days after service of the 

motion. The failure to timely file for relief may result in the objections being deemed waived. 

Belated service of burdensome discovery requests may also be grounds for denial of a motion to 

compel compliance with such requests. 

E. Each party must bring to the hearing at least 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 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 should be 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 of each witness. Only one 

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

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 Mr. Cody L. 

Smith, Attorney-Advisor, at the Office of Hearings (202-366-6941) as soon as possible, with at 

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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 thevenue location for the hearing is 

Fort Lauderdale, Florida. (If courtroom facilities are unavailable in that city, the parties agree 

that Miami, Florida may 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. In this Motion, In this 

Motion, the attorney shall confirm the following: 

1. The date, address, and method by which 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 designated business agent; 

4. The date and method by which the Respondent was 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. The date and method by which the Respondent was provided a copy of all Orders 

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

is entitled. 

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

followed in this case, please contact Mr. Cody L. Smith, Attorney-Advisor, at the Office of 

Hearings (202-366-6941). 

Attachment: Service List 

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SERVICE LIST 

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 

Mr. Christopher R. Stevenson 

Complainant's Counsel 

Federal Aviation Administration 

Office of the 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's Lay Representatives 

Avionics Masters, Inc. 

1001 West Cypress Creek Road, Suite 309 

Ft. Lauderdale, FL 3 3 3 09 

TEL: 954-491-2580 

FAJ<: 954-491-5279 

Judge J .E. Sullivan 

US. Administrative Law Judge 

U.S. Department of Transportation 

Office of Hearings, M-20 

1200 New Jersey 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 or by expedited courier, use the following address: Federal 

Aviation Administration, 600 Independence Avenue, S.W., Wilbur WrightBuilding-Suite 2Wl000, Washington, 

DC 20591, Attention: Hearing Docket Clerk, AGC-430.