In The Matter Of: 

## SERVED: JANUARY 23, 2015 U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS WASHINGTON, DC

DocketNo. FAA-2014-0806 UNITED PARCEL SERVICE COMPANY ) ) ) ) ) ) Case No. 2011CE250036 Respondent

CORRECTED ORDERCANCELLING THE RULE 16 LITIGATION SCHEDULING CONFERENCE On November 24, 2014, an Order Setting Rule 16 Litigation Scheduling Conference and Directing Rule 26(f) Planning and Submission ("Order") was filed. Among other things, this Order set the Rule 16 Litigation Scheduling Conference for January 27,2015, at 10:00 a.m. Eastern time. The Order also directed the parties to confer informally priorto January 27, 2015, and engage in a good faith discussion about the case (Order, 2**~2).** Ifthe good faith discussion did not result in settlement, the parties were directed to develop and file, on or before January 20, 2015, ajointly written proposed scheduling/discovery plan ("Plan"). The Order further directed the parties to file a working copy ofthe Plan by "fax, express carrier, orpersonal delivery" by the January 20, 2015 deadline. (Order, 2**~2).** On January 20, 2015 the FAA and the Respondent failed to file ajointly written proposed discovery plan. In addition, neither the FAA nor the Respondent filed an individual proposed plan, ornotified the court ofany inability to comply with the court order. On January 21,2015, one day after the January 20,2015 deadline, the Respondent filed a two-page Letter (dated January 20, 2015), which had been sentby overnightU.P.S. mailing. The Respondent had not filed a working copy with the court. Inthis Letter, the Respondent acknowledged it had received the November 24, 2014 Order, and was fully aware ofthe contents ofthe Order. The Respondent had not complied. Instead, the Respondent asserted that it sought
an "abeyance" ofthe deadline (which had expired the day prior), and a "clarification" ofthe scope ofcourt's authority to direct the parties under the Federal Aviation Rules ("FARs").The Respondent's January 21,2015 Letter did not indicate whether or notthe FAAwas in agreement with the Respondent's actions orposition.**Nevertheles~,** as oftoday'sdate (January 23, 2015) the FAA has not filed an individual proposed Plan, nor filed any other document with the court. 

### J.JriefDiscussion Among otherthings, the November 24, 2014 Order gave the parties a period offiftyseven (57) calendar days to meet and discuss the case, and file a proposed discovery plan with

. the court. This fifty-seven day period was also available for the parties to file motions, request a

change in the date ofthe conference, request clarifications or assistance from the court, or settle the case. The parties have failed to comply with the November 24, 2014 Order. Instead, after a court-ordered deadline expired, the Respondent filed a Letter and raised questions aboutthe scope ofthe court's procedural authority under the FARs to direct the parties inprocedural matters. The manner in which the Respondent has raised its questions also demonstrates an issue -whetherlitigants (or officers ofthe court) may unilaterally choose to ignore or disobey court orders ifthe litigants (or officers ofthe court) disagree with the court'sprocedural or substantive decisions. These issues need to be addressed before the court may proceed with litigation scheduling.
Pursuantto 14 C.F.R. §§ 13.205(a)(1) and (8), and after reviewing all relevantrecords, caselaw, regulations, statutory authority, and being fully advised;
IT IS HEREBY ORDERED: 1. The Rule 16 Litigation Scheduling Conference, scheduled for Tuesday, January 27, 2015 (10:00 am) is canceled on court motion

.. 2. Separate Orders will issue regarding the matters raised by the parties' non-compliance with the November24,2014 Order and the Respondent's January 21,2015 Letter.

Attachment: Service List Page 2 of2SERVICE LIST- BYU.S. MAIL ORIGINAL & ONE COPY Federal AviationAdministration 800 Independence Avenue, S.W. Washington, DC 20591 Attention: Hearing Docket Clerk, AGC-430 WilburWright Building-Suite2W10001

Ms. AndreaMichelle Harper 

### Complainant's Counsel Federal AviationAdministration Office ofthe Regional Counsel, AS0-7 SouthernRegion 1701 ColumbiaAvenue
· College Park, GA 30337

TEL: 404-305-5200 FAX: 404-305-5223 Mr. MarkA. Dombroff 

### Respondent's Counsel McKennaLong & Aldridge, LLP 1676 International Drive- Penthouse McLean, VA 22102 TEL: 703-336-8700 E-mail: mdombroff@mckennalong.com

Judge J.E. Sullivan 

### US. AdministrativeLawJudge Office ofHearings, M-20 U.S. DepartmentofTransportation ONE COPY

1200NewJerseyAvenue, S.E. (E11-310) Washington, DC 20590 TEL: 202-366-6941 FAX: 202-366-7536 DocketNo. FAA-2014-0806 (Civil Penalty Action)

1 Service was byU.S. Mail. For service in person orbyexpedited 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.