## SERVED: AUGUST 4, 2015 U.S. DEPARTMENT OF TRANSPORTATION·. OFFICE OF HEARINGS WASHINGTON,DC 

### dlS

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In The Matter Of: ) ) ) ) ) ) DocketNo. FAA-2014-0813 JETBLUE AIRWAYS CORPORATION Respondent Case No. 2012EA150022

ORDER SETTINGA RULE 16 LITIGATION SCHEDULING CONFERENCE, AND DIRECTING THE PARTIES TO

CONFERAND FILE A RULE 26(f) PROPOSED DISCOVERYPLAN 1) Rule 16 Litigation Scheduling Conference: Pursuant to 14 C.F.R. § 13.205 and Civ. R. 16, the parties shall appear by telephone on Tuesday, November 3, 2015, at 10:00 a.m. Eastern time for a Rule 16 Litigation Scheduling Conference. During this Conference the parties will discuss the issues inthe dispute, their jointly submittedproposed scheduling/discovery plan (see paragraph 2 

### infra) andrespond to any questions regarding disagreements not resolved inthe proposedplan. During the Conference a final scheduling/discovery planwill be ruled upon, as well as any otherrelated matterspursuant 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 Discovery Plan: Pursuant to 14 C.F.R. 

### § 13.205(a)(6) and Civ. R. 26(f);prior to convening withthe Judge for the.Rule 16 Litigation Scheduling Conference, the parties shall privately conduct a Rule 26(£) planning meeting and prepare ajointly writtenproposed scheduling/discoveryplan, which must be completed and filed withthe undersigned Judge on orbefore Tuesday, October27, 2015 (i.e. at least seven (7) calendar days before the Conference). The attorneys ofrecord and all unrepresented parties arejointlyresponsible for arranging the Rule 26([) 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 aboutthe nature and basis ofeachparty's claims, the possibility ofresolving all or part ofthe case, the scope and type ofdiscovery (including electronic discovery) and the 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 ofparticular motions (e.g., limiting scope oftrial, dispositive motions, etc.). The proposed discovery deadlines inthe parties' proposed scheduling/discoveryplan should be mutually agreeable, with a viewto achieving case resolution with a minimum of expense and delay. Any unresolved scheduling/discovery disputes should be clearly identified in the proposedplan, so thatthese disputes may be addressed bythe Judge during the Rule 16 Litigation Scheduling Conference. 3) Filing and Serving Documents: Pursuant to 14 C.P.R.§ 13.211(a), a copy ofany document a party files withthe Federal Aviation Administration Hearing,Docket ("Hearing Docket") must also be separately filed with the undersigned, and served upon the opposing party. 4) Compliance with Court-Ordered Deadline Dates: Wheneverthe Judge orders the parties to file documents by a specific deadline date (see, e.g., paragraph 2 above) such deadline date is the date bywhich the documents must be datestamped received atthe Office ofHearings. To ensure compliance withthis and any future Orders setting deadlines, the parties are encouraged to fax or personally deliver a copy oftheir documents to the Office ofHearings (Fax: 202-366-7536), on orbefore the deadline date. Failure ofa party to timely file documents by the court-ordered deadline could leadto the party's position notbeing considered.

Page 2 of35) Conflicts with the Rule 16 Litigation Scheduling Conference Date: Ifa party has an unavoidable conflict withthe Scheduled Rule 16 Litigation Scheduling Conference set inparagraph 1supra, 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 atthe 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.

van mistrative LawJudge

Attachment: Service List

Page 3 of3SERVICE 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 2Wl000 1

Mr. Christian Lewerenz 

### Complainant's Counsel ONE COPY

Office ofRegional Counsel, Eastern Region Federal Aviation Administration 1 Aviation Plaza Jamaica, NY 11434 TEL: 718-553-3258 FPC(: 718-995-5699 Mr. Steven Raffaele 

### Respondent's Counsel HOLLAND & KNIGHT LLP 31 West 52°d Street New York, NY 10019 TEL: 212-513-3200 FPC(: 212-385-9010 Judge J.E. Sullivan 

### US. Administrative Law Judge Office ofHearings, M-20 U.S. Department ofTransportation 1200NewJersey Avenue, S.E. (Ell-310) Washington, DC 20590 TEL: 202-366-6941 FPC(: 202-366-7536 DocketNo. FAA-2014-0813 (Civil Penalty Action)

1 Service was byU.S. Mail. For service in person orby expedited courier, use the following address: Federal Aviation Administration, 600 Independence Avenue, S.W., Wilbur Wright Building-Suite 2Wl000, Washington, DC 20591; Attention: Hearing Docket Clerk, AGC-430.