InThe Matter Of: 

## SERVED JULY 31, 2012 U.S. DEPARTMENTOF TRANSPORTATION OFFICE OFHEARINGS WASHINGTON, DC

DocketNo. FAA-2011-1005 COASTAL AIR TRANSPORT, INC., ) ) ) ) ) ) Case No. 2010S0700037 Respondent
ORDERDENYING FAAMOTION TO STRIKE RESPONDENT'S OPPOSITION TO HEARING ON SANCTIONS ONLY, AND GRANTING/DENYING OTHER RELIEF On May 17,'2012 the parties filed a Rule 26(±) Report. Among otherthings, this Report asserted that the FAA andthe

### pro se Respondent had conferred on May 17, 2012 and agreed to various discovery deadlines, includingdeadlines for initial CR26(a)(1) discovery exchanged by June 25, 2012, and.general discovery exchanged byAugust 2, 2012. OnJune 11, 2012 the parties appeared for a CR 16 Litigation Scheduling. Conference. At that time, the administrative court deferred setting discovery deadlines and otherprocedural deadlines. Instead, the CR 16 Conference was reset to July 30,2012, and the parties were given deadlines to address preliminary motions andto continue CR 26(±) discussions. On June 11, 2012 an Order Setting MotiQn Deadlines, Setting Third CR 16 Conference and Granting/Denying OtherReliefwas filed, which codified and supplemented the oral rulings made during the June 11, 2012 Conference. · Among otherthings, this June 11, 2012 Order directed the

### prose Respondent,

.CoastalAirTransport, Inc., to file anAnswer, on orbefore July 9, 2012, 'to the FAA's February 23,2012**Alt~mative** Motion for Hearing onSanction Only. The June 11, 2012 Order also directed the parties (among otherthings) to privately engage in additional CR 26(±) discussions regarding hearing venue, hearing issues andwitnesses, and other CR 26(±) matters priorto the July 30, 2012 CR 16 Conference. OnJune 18,2012the FAAfiled theAgency's Request for Discovery and Production ofDocuments. This FAA discovery packet included Requests for·Production, Interrogatories, and·Requests for Admission. The FAA's Certificate ofService certified thatthe FAA's discovery packet had beenmailed onJune 15, 2012 to the Respondent's 

### prose Representative, Mr. Michael Foster as well as to the Respondent's Agent for Service, Mr. George Logan. Page 1 of3 'On July 19, 2012 the Respondent filed An Opposition to Hearing on Sanction Only. The Respondent's Certificate ofService indicatedboth fax and U.S. mail service on all parties, but did not identify a date 

### ofservice. On July 23,2012 the FAAfiled an Agency Briefin Support ofIts Alternative Motion for Hearing on Sanction Only. The FAA also filed an Agency Motionto Strike Respondent's Opposition to Hearing on Sanctions Only, onthe grounds ofun-timeliness. Among other things,the FAA noted that Respondenthadnever served the FAA by facsimile with its Motion in.Opposition, and that the Respondent's mailing by U.S. mail had been postmarked on July 13, 2012, four days after the July 9, 2012 filing deadline. OnJuly 26, 2012 the FAA filed the following: 1) Complainant's Proposed Witnyss List; 2) Complainant Statementregarding Venue; and 3) Agency Motionto Deem Request for Admissions Admitted and Motion to Compel Responses to Discovery. On Monday, July 30, 2012, the parties appeared by telephone forthe CR 16 Litigation Scheduling Conference. During this Third CR 16 Litigation Conference, oral rulings were made regarding the Motions identified above. This written Order codifies and supplements the July 30, 2012oral rulings on the Motions.


### IT IS HEREBY ORDERED: 1. Pursuantto 14 CFR §13.210 (b) and 14 CFR §13.211 (e), the FAA's Motion to Strike Respondent's Oppositionto Hearing on Sanctions Only on the grounds of un-timeliness is denied.



# .. 2. Pursuantto 14 CFR §13.211 (c) the Respondent shall forthwith comply with the rule regarding service ofdocuments. The Respondent's Certificate ofService shall include a statement, dated and signed by the person filing the document, that the document was personally delivered or mailed or faxed to each party (identified by name.and full address) on a specific date. 3. Pursuantto Civ. R. 26(a) and (f); Civ. R. 16; 14 CFR §13.217 (a), (b), (c), (d), and (e); 14 CFR §13.218; and14 CFR §13.220, the FAA's June 18,2012Discovery Request, and July 26,2012 Motionto Deem Request for Admissions Admitted and Motionto Compel Responses to Discovery are premature. It is noted that the FAA's June 18, 2012 discovery requests were timely filed after the parties' filed the May 17, 2012 CR 26 (f) discovery discussion and report. However, the FAA's July 26, 2012 Motion for discovery reliefwas filed ptiorto bothAugust 2, 2012 (the deadline the parties informally agreed to for exchange ofgeneral discovery pursuantto the May 17, 2012 CR26(f) Report), and priorto the July 30,2012 Third CR 16 Litigation Conference (at which the administrative courtreviews the parties' CR 26(f) Report, consults with the parties, and then sets the discovery schedule and discovery deadlines). 

### See, e.g., Steven Baicker-McKee, et.al,



### 2·11
Federal CivilRules Handbook, West Publishing (2012)( Rule 26(d): "Parties may not conduct discovery priorto their discovery conference meeting under Rule 26(f)," and Rule 16: At the pre-hearing conference, the court "control[s] and schedule[s] discovery, including orders affecting disClosures and discovery under Rule 26 and Rules 29 through 37.") 4. Pursuantto agreement ofthe parties, venue for the hearing is St. Croix, U.S. Virgin Islands. 5. Based onthe parties' discussion atthe July 30, 2012 CR 16 Litigation Scheduling Conference, a separate Order Setting Litigation Dates and Procedures 

### will be issued. 6. Based onthe parties' agreement atthe July 30, 2012 CR 16 Litigation Scheduling Conference regarding undisputed facts inthis case, the FAA's February 23, 2012
· Alternative Motion for Hearing on Sanction Only is reserved, and 

### will be further

addressed by separate Order.

Attachment: Service List

3 Judg 

# u.s.

.,FDMS

## No. FAA-2011-1005 (Civil Penalty Action)



### · SERVICE LIST- BY U.S. MAIL and FAX ORIGINAL & 

### ONE COPY Federal Aviation Administration 800 Independence Avenue, S.W
.

.Washington, DC 20591

Attention: Hearing Docket Clerk,**AGC~30** . Wilbur Wright Building-Suite 2W10001

George Logan, Agent for Service Coastal Air Transport, Inc., Respondent 1131 King Street, Suite 204 Christiansted, St. Croix, VI 00820-4971 

### ONE COPY

Michael Foster, President- by mail & fax Coastal AirTransport, Inc.,-Respondent P.O. Box 3985 Christiansted, St. Croix, VI 00822 TEL: 340-773-6862 RashawnRich George, Complainant's Counsel- by mail & fax Office ofthe Regional Counsel, AS0-7 SouthernRegion
. Federal Aviation Administration P.O. Box 20636 Atlanta GA30320 TEL: 404-305:-5200 FAX: 404-305-5223 The Honorable J.E. Sullivan,Administrative LawJudge Office ofHearings, M-20 U.S. Department ofTransportation 1200 NewJersey Avenue, S.E. (E11-310) Washington, DC 20590 TEL: 202-366-2132 FAX: 202-366-7536 

# ..

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-Suite2Wl000, Washington, DC 20591; Attention: Hearing Docket Clerk, AGC-430.