## SERVED: Aprill5, 2015

InThe Matter Of: ROMNEY CYCLE CENTER Respondent ) ) ) ) )**~.--.** i '·· 2.
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DocketNo. FAA-2015-0203 Case No. 2013S0700320

ORDERSETTING A RULE 16 LITIGATION SCHEDULING CONFERENCE, AND DIRECTING THE PARTIES TO

CONFERAND FILE A RULE 26(f) PROPOSED DISCOVERY PLAN 1) Rule 16 Litigation Scheduling Conference: Pursuantto 14 C.F.R. § 13.205 and Civ. R. 16, the parties shall appearby telephone on Thursday,June 18, 2015, at 1:30 p.m. Eastern time for a Rule 16 Litigation Scheduling Conference. During this Conference the parties will discuss the issues in the dispute, their jointly submitted proposed scheduling/discovery plan (see paragraph 2 infra) and respond to any questions regarding disagreements not resolved in the proposed plan. During the Conference a final scheduling/discovery plan will be ruled upon, as well as any other related matters pursuant to Rule 16(c). The parties shall access the Conference by dialing 202-493-2343. 2) Parties' Rule 26([) Planning Meeting and Submission ofProposed Discovery Plan: Pursuantto 14 C.F.R. § 13.205(a)(6) and Civ. R. 26(f),priorto convening withthe Judge for the Rule 16 Litigation Scheduling Conference, the parties shall privately conduct a Rule 26(f) · planningmeeting and prepare ajointly written proposed scheduling/discovery plan, which must be completed and filed with the undersigned Judge on or before Thursday,June 11, 2015 (i.e. at least seven (7) calendar days before the Conference). The attorneys ofrecord and all unrepresentedparties 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 about**th~** nature and basis of**eac~** party's claims, the possibility ofresolving all orpart 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 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 proposeddiscovery deadlines in the 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 that these disputes may be addressed by the Judge during the Rule 16 Litigation Scheduling Conference. 3) Filing and Serving Documents: Pursuant to 14 C.F.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, arid served uponthe opposing party. 4) Compliance with Court-Ordered Deadline Dates: Whenever the Judge orders the parties to file documents by a specific deadline date (see, e.g., paragraph 2 above) such deadline date is the date by which the documents must be datestampedreceived at the Office ofHearings. To ensure compliance with this 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 or before the deadline date. Failure ofa party to·timely file documents by the court-ordered deadline could lead to the party's positionnotbeing considered.

Page 2 of35) Conflicts with the Rule 16 Litigation Scheduling Conference Date: Ifa partyhas an unavoidable conflict with the Scheduled Rule 16 Litigation Scheduling Conference set inparagraph 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 Mr. Cody L. Smith, Attorney-Advisor at the 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.

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-Suite2Wl000 1

Ms. Rashawn Rich George 

### Complainant's Counsel Federal Aviation Administration ONECOPY ·

Office oftheRegional Counsel, AS0-7, Southern Region 1701 ColumbiaAvenue College Park, GA 30337 TEL: 404-305-5200 FAX: 404-305-5223 DocketNo. FAA-2015-0203 (Civil Penalty Action)

Mr. Brian W. Stolarz 

### Respondent's Counsel Leclair Ryan Romney Cycle Center 

### Respondent 2318 Mill Road, Suite 1100 Alexandria, VA 22314 TEL: 703-684-8007 FAX: 703-684-8075 E-MAIL: Brian.Stolarz@leclairryan.com Judge J.E. Sullivan 

### US. Administrative LawJudge Office ofHearings, M-20 U.S. Department ofTransportation 1200NewJersey Avenue, S.E. (Ell-310) Washington, DC 20590 TEL: 202-366-6941 FAX: 202-366-7536 Attn: President 51 Industrial Park Romney, WV 26757

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