In The Matter Of: 

## SERVED: SEPTEMBER 22, 2014
U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS WASHINGTON, DC

..- __ ,_: ) ) ) ) ) Docket No. FAA-2014-0409 JOHN ALANDAVIS Case No. 2013GL-13-0038 Respondent

ORDER SETTING RULE 16 LITIGATION SCHEDULING CONFERENCE AND DIRECTING RULE 26(t) PLANNING AND SUBMISSION 1) Rule 16 Litigation Scheduling Conference: Pursuant to 14 C.F.R. 

### § 13.205(a)(1) and (7) and Civ. R. 16, the parties shall appear by telephone on

### Thursday, November 20,2014, at 10:00 a.m. Easterntime for a Rule 16 Litigation Scheduling Conference. During this Conference the parties will discuss the issues in the dispute, theirjointly submitted proposed scheduling/discovery plan (see paragraph 2 

### infra) and respond to any questions regarding disagreements not resolved inthe proposed plan. During the Conference a final scheduling/discovery plan will be ruled upon, as well as any otherrelated matters pursuant to Rule 16(c). The parties shall access the Conference by dialing 202-493-2343.
2) Parties' Rule 26(f) Planning Meeting and Submission ofProposed Discover.y Plan: Pursuantto 14 C.F.R. 

### § 13.217 and Civ. R. 26(f),priorto convening with the Judge for the Rule 16 Litigation Scheduling Conference, the parties shall privately conduct a Rule 26(f) planning meeting andprepare ajointly written proposed scheduling/ discovery plan, whichmust be completed and filed withthe undersigned Judge onorbefore 

### Thursday, November 13,2014 (i.e. seven (7) calendar days before the Conference). The attorneys ofrecord and all unrepresented parties arejointlyresponsible for a.rranging the Rule 26(f) conference, and for attempting in good faith to agree onthe proposed discovery plan. The parties' Rule 26(f) planning meeting shall include a good faith discussion about the nature and basis ofeach party's claims, the possibility ofresolving all orpart ofthe case, thescope and type ofdiscovery (including electronic discovery) andthe place ofvenue for hearing. During this meeting, the parties shall discuss.matters identified in 14 C.F.R. 

### § 13 .217 and Rule 26(f)(2) and (3) as part ofdeveloping their proposed scheduling/discovery plan. The parties' planning meeting should also include discussion about the sequence and timing offollow-up discovery, including whether that discovery should be conducted inphases to prepare for any filing ofparticularmotions (e.g., limiting scope oftrial, dispositive motions, etc.). The deadlines inthe parties' proposed scheduling/discovery plan should be mutually agreeable, with a viewto achieving case resolution with a minimum ofexpense and delay. Any unresolved scheduling/discovery disputes should be clearly identified inthe proposedplan, so thatthese disputes maybe addressed by the Judge during the Rule 16 Litigation Scheduling Conference. In addition to filing the proposed scheduling/discovery planby regular mail filing withthe Federal Aviation Administration Hearing Docket Clerk, the parties shall file a working copy of the scheduling/discovery plan with the undersigned Judge at the Office ofHearings by fax, express carrier, or personal delivery. The certificate ofservice should reflect the manner of service.
3) Conflicts with Rule 16 Litigation Scheduling Conference Date: Ifa party has an un,avoidable conflict withthe Scheduled Rule 16 Litigation Scheduling Conference setinparagraph 1 

### supra, and wishes to modify the date/time ofthe scheduled Conference, the party shall first confer with opposing counsel about mutually agreeable alternate dates, and then contact Mr. Cody L. Smith, Attorney-Advisor at the Office of Hearings (202-366-6941) as soon as possible after the receipt ofthis Order, with at least three (3) mutually-agreed, proposed alternate dates/times for the Judge's consideration.

Attachment: Service List

Page 2 of 2SERVICE LIST- BY U.S. MAIL ORIGINAL & ONE COPY Federal Aviation Administration 800 Independence Avenue, S.W. Washington, DC 20591 Attention: Hearing Docket Clerk, AGC-430 Wilbur Wright Building-Suite 2W1000 1

Mr. John Alan Davis Respondent 12052 116th St. ChippewaFalls, WI 54729 Ms. Kate Barber Complainant's Counsel Federal Aviation Administration, AGL-7 2300 East Devon Avenue Des Plaines, IL 60018-4696 TEL: 847-294-7862 FAJ<: 847-294-7498
Judge J.E. Sullivan U.S. Administrative LawJudge Office ofHearings, M-20 U.S. Department ofTransportation 1200NewJersey Avenue, S.E. (Ell-310) Washington, DC 20590 · TEL: 202-366-6941 FAJ<: 202-366-7536 ONE COPY DocketNo. FAA-2014-0409 (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 Wright Building-Suite2W1000, Washington, DC 20591; Attention: Hearing Docket Clerk, AGC-430.