In The Matter Of: 

## SERVED: January 17, 2013
U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS WASHINGTON, DC

DocketNo. FAA-2012-1262 AERJALCROP PROTECTION, INC. ) ) ) ) ) ) CaseNo. 2011 S0190332 Respondent

ORDER SETTING RULE 16 LITIGATION SCHEDULING CONFERENCE,AND DIRECTINGRULE 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 onTuesday, March 

### 19,2013, at 

### 11:00 a.m. Eastern time 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 pursuantto Rule 16(c). The Office ofHearings.will initiate the Conference by telephone call, contacting each party at the party'stelephone number ofrecord. A party mayprovide an alternate numberbynotifying the Office ofHearings at least 24 hours prior to the Conference.
2) Parties' Rule 26(f) Planning Meeting and Submission ofProposedDiscovery Plan: Pursuant to 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

## aRule 26(f) planning meeting andprepare ajointly written proposed scheduling/ discovery plan, whichmust be completed and filed with the undersigned Judge on orbefore Tuesday,March 

### 12, 2013 (i.e.

seven (7) calendar days beforethe Conference). The attorneys ofrecord and all unrepresented parties arejointly responsible for arranging the Rule 26(±) conference, and for attempting in good faith to agree onthe proposed discoveryplan.

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The parties' Rule 26(f) planning meeting shall include a good faith discussion aboutthe nature and basis ofeach party's claims, the possibility ofresolving all orpart ofthe case, the scope 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 theirproposed 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 ofparticular motions (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 ofexpenseand delay. Any unresolved scheduling/discovery disputes should be clearly identified in the proposedplan, so that these disputes may be addressed by the Judge during the Rule 16 Litigation Scheduling Conference. In addition to filing the proposed scheduling/discovery plan by regular mail filing with the U.S. Department ofTransportation's Docket Office, the parties shall file a working copy ofthe scheduling/discovery plan with the undersigned Judge at the Office ofHearings by fax, express carrier, or personal delivery. The certificate ofservice shouldret1ect the mrumer of service.
3) Cont1icts with Rule 16 Litigation Scheduling Conference Date: Ifa party has an unavoidable cont1ict withthe Scheduled Rule 16 Litigation Scheduling Conference set in paragraph 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 C. Diane Mays at the Office ofHearings (202-366-2132) 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 of3I 

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SERVICE LIST- BY U.S. MAIL ORIGINAL & ONE COPY Federal AviationAdministration 800 Independence Avenue, S.W. Washington, DC 20591 Attention: Hearing Docket Clerk, AGC-430 Wilbur Wright Building-Suite2W1000 1



### Ms. Andrea Michelle Harper, Esq. Complainant's Counsel Office ofthe Regional Counsel, AS0-7 Southern Region Federal Aviation Administration P.O. Box 20636 Atlanta, GA 30320 TEL: 561-799-9910 FAX: 404-305-5223 Mr. Preston J. Fields, Sr., Esq. Respondent's Counsel Preston J. Fields, P.A. 11211 Prosperity Farms Rd., Ste. C-301 Palm Beach, FL 33410 TEL: 561-799-9910 FAX: 561-799-0388 Judge J.E. Sullivan US. AdministrativeLawJudge 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 ONE COPY FDMS No. FAA-2012-1262 (Civil Penalty Action)

1 Service was by U.S. Mail. For service in person or-by expedited courier, use the following address: Federal Aviation Adri1inistration, 600 IndependenceAvenue, S.W., Wilbur Wright Building-Suite 2WIOOO, Washington, DC 20591; Attention: Hearing Docket Clerk, AGC-430. Page 3 of3