In The Matter Of: GLOBAL AIRCRAFT INTERIORS, INC. Respondent 

## SERVED: November 24, 2014
U.S. DEPARTMENT OF TRANSPORTATION OFFICE OFHEARINGS WASHINGTON, DC ) ) DocketNo. FAA-2014-0324 ) ) Case No. 2013EA110043 )

ORDER SETTING LITIGATION DATES AND PROCEDURES
On October 7, 2014, an Order Re-Directing Respondent to Participate in Rule 26(f) Meeting and Joint Planning, and Continuing the Rule 16 Litigation Scheduling Conference was filed. Among otherthings, this Order directed the parties to conduct a Rule 26(f) planning meeting, and then file, on or before November 17, 2014, ajointlywritten proposed scheduling/discoveryplan. This Order also required the parties to serve initial disclosures onor before November 23,2014. Onthe due date ofNovember 17, 2014, the parties did not file ajointly writtenproposed scheduling/discovery plan. Two days late, onNovember 19, 2014, the parties filed a Jointly Proposed Scheduling/Discovery Plan. On November 24, 2014, the parties appeared by telephone for a Rule 16 Litigation Scheduling Conference, and discussed their calendar availability, hearing dates, and other litigation procedural matters. Pursuantto 14 C.P.R. §13.205(a)(1), (6) and (7), Civ. R. 16, 14 C.P.R. §13.217, and 14 C.P.R. §13.220, and after reviewing all relevant caselaw, regulation, statutory authority, and being fully advised;

IT IS HEREBY ORDERED: A. The litigation dates, discovery procedures, and hearing dates are hereby set as follows: 1. November 23, 2014: Deadline for Initial Disclosures. To ensure thatthe parties have sufficient time to address all issues in dispute, onorbefore November23, 2014, the parties shall serve each other with initial disclosures (as described in Civ. R. 26(a)(1)(A)(i), (ii), and (iii)) without waiting for a specific discovery request.2. 

### On orbefore December 1, 2014: General Discovery Initiated. Pursuant to 14 C.F.R. §13.220(a), the parties may immediately begin conducting general discovery. In orderto ensure full use ofthe discovery time allotted inthis case, the parties shall begin exchanging or serving general discovery requests on orbefore 

### December 1, 2014, pursuant to 14 C.F.R. §13.220 (b), (c), (d) and (e). General discovery includes, butis not limited to: notices ofdeposition; requests for production ofdocuments; propounding interrogatories; requests for admission; etc. 3. Service ofInterrogatories. Pursuant to 14 C.F.R. §13.220(k)(1 ), a party shall not serve more than thirty (30) interrogatories upon each other. Each subpart ofan interrogatory shall be counted as a separate interrogatory.

a. Objection(s) to Interrogatories. Pursuant to 14 C.F.R. § 13.220(k), any objection inresponse to an interrogatory must include the reason(s) supporting the objection. · 4. Motions to Limit Discovery upon Receipt ofDiscovery Request: A party served with a discovery request who seeks to limit discovery pursuant to 14 C.F.R. § 13.220(£), (g), and (h), shall file a Motion for Reliefwithin 

### ten (10) days after service ofthe disputed discovery request.

a. Copy ofDisputed Discovery: Pursuant to 14 C.F.R. §13.220(b), only a copy of the disputed discovery, in support ofthe motion, should be attached to the Motion orthe Response. b. The Motion should include a declaration by the moving party, confirmingthat the movanthas already conferred or attempted to confer in good faith withthe opposing party regarding the disputed discovery ordisclosure, to try and resolve the matter informally, prior to seeking court relief.

c. Response to Motionto Limit Discovery. Any Response to the Motion should be filed no laterthan 

### ten (10) days after service ofthe Motion. 5. 

### Retained/Hired orEmployee ExpertWitness Disclosures. Ifa partyretains or hires a witness to provide experttestimony, or a party intends to utilize the testimony ofan employee whose duties regularly involve giving expert testimony

- then the party intending to offer such witness shall disclose this retained oremployee expert witness to the opposing side as follows:

a. Deadline for FAA Disclosure: 

### January 23, 2015. b. Deadline for Respondent Disclosure: 

### February 6, 

### 2015. The expert witness disclosure shall include the name ofthe witness, the witness's resume orqualifications, and the witness's writtenreport or statement ofopinion (including disclosure ofthe basis ofthat opinion).

Page 2 of 56. Motions to Compel Discovery: A party seeking to compel discovery must file a Motion to Compel withinfifteen (15) days after service ofa deficientresponse or afterthe response to the discovery is due, whichever occurs first.

a. Procedure for Motion: Any Motion and/or Response to Compel Discovery shall be filed in the same manner as directed above for Motions to Limit Discovery (paragraph 4 and 4 (a)-(c)). 7. February 20, 2015: Deadline for Completing General Discovery. On or before February 20, 2015, the parties shall finish responding and serving answers to all general discovery requests pursuantto 14 C.F.R. §13.220. 8. Duty to Supplement orAmend Discovery: Pursuant to 14 C.F.R. § 13.220(i), a party who has responded to a discovery request in this case has a duty to supplement oramend the response throughout the litigationperiod, as soon as the information is known. 

### 9. March 6, 2015: Deadlines for Filing Dispositive Motion(s). The last date for both parties to file any/all pre-hearing dispositive motions, including Default Motions and/or Summary Judgment Motions. a) March 26, 2015: Deadline for filing Answer to Dispositive Motion(s); b) April 9, 2015: Deadline for filing Reply (ifany). 10. Telephone Conference: April16, 2015 (10:00 a.m.-11:30 a.m. ET). The parties shall convene bytelephone for oral argument on any filed dispositive motions onApril 16, 2015 (10:00 a.m.-11:30 a.m. ET). N.B. Iftheparties do not file dispositive motions, then
· this Telephone Conference will be automatically converted and held as a Pre-Hearing

Status Conference. 11. May 14,2015: List ofWitnesses/Exchange ofExhibits. On orbefore May 7, 2015, the parties will serve and file the following: a) A list ofthe witnesses the party intends to call; b) A short statement ofthe testimony expected from each such witness; c) The resume ofeach witness who will be offered as an expert; d) The documents the party intends to offer in evidence (pre-marked as noted in paragraphE, infra); and e) An index cover sheet with a briefdescription ofeach document. 12. May 14, 2015: Written Stipulations and/or Agreed Motions 

### in Limine. On orbefore May 7, 2015, the parties shall file any written stipulations that narrowthe factual orlegal issues, and/or that are agreed Motions in Limine. 13. June 23- June 24, 2015: HearingDates. Based onthe parties' agreement, the Hearing will take 2 days orless. The Hearing will begin onTuesday, June 23,2015 (9:00a.m-5:00p.m. ET) inNew York, New York. The Hearing will conclude onWednesday, June 24,2015 (9:00 a.m.-5:00p.m. EST). The specific location ofthe Hearing will be provided to the parties prior to the Hearing.
Page 3of5B. Discovery Requests and Exchanges: Discovery requests and exchanges need not be filed with the Office ofHearings, except as part ofa motion regarding limited discovery, disputed discovery, oras part ofa motionto compel discovery. C. Failure to Move for Timely Relief/Late Service ofDiscovery: The failure to timely respond to discovery requests, and/or to timely move for relief regarding discovery disputes during the discovery period, may result in a finding thatthe party has, through its actions, waived its right to relief. Late service ofdiscovery requests may also be grounds for denial ofa motion to compel compliance with suchrequests. D. Scheduling Motion or Pre-Hearing Conferences onthe Judge's Calendar: Priorto the Hearing date(s), ifa party wishes to schedule oral argument on any motion, or set up any type ofpre-hearing telephone conference on the Judge's calendar, the party shall first confer with opposing counsel about mutually agreeable alternate dates. The movant shall next contact Mr. Cody 

### L. Smith, Attorney-Advisor, at the Office ofHearings (202-366-6941) as soon as possible, with at least three (3) mutually-agreed, proposed alternate dates/times for the Judge's consideration. E. Exhibits Brought to the Hearing: Each party must bring to the Hearing at least three copies ofany documents itintends to offer in evidence as exhibits (two for the Judge and one for the court reporter). The exhibits must have an index cover sheet, and should be pre-marked. Complainant's exhibits should be marked "C-1," "C-2," "C-3," etc. Respondent's exhibits shouldbemarked "R-1," R-2," "R-3," etc. F. Examination Process atthe Hearing: At the Hearing, there will be the opportunity for direct examination, cross-examination, andredirect examination ofeach witness. Only one representative ofa party may direct or cross-examine a witness onbehalfofthat party. Pursuantto 14 C.F.R. §13.205 and 14 C.F.R. §13.222, the Federal Rules ofEvidence will be utilized as a guideline in determining the admission ofall evidence. G. Attorney Withdrawal: Pursuantto 14 C.F.R. §13.218, an attorney who wishes to withdraw from representing a party must file a Motion to Withdraw. In this Motion, the attorney shall confirm the following:

a. The date the Respondent was served with written notice ofthe attorney's intentto withdraw; b. The name ofthe designated agent/lay representative ifthe Respondent inthe action is a business entity; c. The currentbusiness address, telephone number, and fax number ofthe Respondent and ofits designated agent; d. A statementthat the Respondent has been notified in writing ofthe pendinghearing dates inthis litigation, as well as the pending pre-hearing discovery deadlines and telephone conferences; and
Page 4 of5e. A statementthatthe Respondent has beenprovided a copy ofall Orders issued inthis litigation, as well as any other legal documents to which the Respondent is entitled. H. Court Filing ofExhibits withthe Hearing Docket: All Exhibits thatthe parties have moved for admission during the Hearing will be attached to the courttranscript and filed bythe court reporter. I. Requests for Modification ofthis Order: Any requests for modification ofthelitigation dates and procedures set forth in this Order should be made by written Motion. The parties may also file an agreed writtenrequest. J. Clarification or Questions: For clarifications ofthis order or questions with regard to the procedures to be followed in this case, please contactMr. Cody L. Smith, Attorney-Advisor, atthe Office ofHearings (202-366-6941).

Attachment: Service List

Page 5 of5SERVICE LIST- BY U.S. MAIL

Federal Aviation Administration 800 Independence Avenue, S.W. Washington, DC 20591 ORIGINAL & ONE COPY

Attention: Hearing Docket Clerk, AGC-430 Wilbur Wright Building-Suite2W1000 1

Mr. Zachary M. Berman 

### Complainant's Counsel Federal Aviation Administration Office ofthe Regional Counsel 1Aviation Plaza Jamaica, NY 11434 TEL: 718-553-3258 FAX: 718-995-5699 Mr. Sande E. Lichtenstein 

### Respondent's Counsel Lichtenstein & Schindel 158 West BostonPost Road P.O. Box 787 Mamaroneck, NY 10543 TEL: 914-698-3313 FAX: 914-698-3478 Judge J.E. Sullivan 

### US. Administrative LawJudge Office ofHearings, M-20 U.S. Department ofTransportation ONE COPY

1200 NewJersey Avenue; S.E. (E11-310) Washington, DC 20590 TEL: 202-366-6941 FAX: 202-366-7536 DocketNo. FAA-2014-0324 (Civil Penalty Action)

1 Service was by U.S. Mail. For service in person or by 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.