# RFr:1=n 't:D U.S. DEPARTMENT OF TRANSPORTATION 

## FEB J 

## 7,.111 OFFICE OF HEARINGS 

### t.w6

WASHINGTON, D.C. 

# HEARii\J'.!
. "

..... UV(.;KET In the Matter ofClear DayAviation, Inc. Docket No. FAA-2015-2439 Case No. 2013EA390075 Administrative Law Judge J.E. Sullivan JOINT PROPOSED SCHEDULING/DISCOVERY PLAN The Agency and Northeastern Aviation Corp. (Respondent) hereby propose the following schedule/discoveryplan: 1. May 2, 2016

- deadline for filing general discovery requests, including butnot limited to: taking depositions; serving and answering requests for production ofdocmnents; interrogatories; requests for admissions; etc. 2. Motionto Limit Discoveryupon Receipt ofDiscoveryRequest: A party served with a discovery request who seeks to limit discovery pursuant to 14 CFR Section 13.220(f)(g), and (h), shall file a Motion for reliefwithin 10 days of service ofthe disputed discoveryrequest. 3. Motion to Compel Discovery: A party seeking to compel discovery must file
a Motionto Compel within 10 days ofreceipt ofservice ofa deficient response
or after the response to the discovery is due, whichever occurs first. 4. July 1, 2016 -Expertwitness disclosures (for any expert witness to be called at hearing), including the witness's resmne or qualifications, and the witness's written report or statement ofopinion (including disclosure ofthe basis ofthe opinion).

### 5. August 2, 2016- Deadline for Completing General Discovery- On or before June 4, 2016, the parties shall fmish responding and serving answers to all general discovery requests pursuant to 14 CFR section 13.220. This includes the taking ofdepositions, pursuant to 14 CFR Section 13.2200). 6. September 5, 2016- Deadlines for Filing Dispositive Motions. The last date for both parties to file any/all pre-hearing dispositive motions, including Default Motions and/or Summary Judgment Motions.
a. September 26, 2016: Deadline for filing answers to dispositive motions. b. October 3, 2016: Deadline for filing Reply.
c. October 24, 2016- Oral argument on dispositive motions. 7. December 5, 2016- Exchange oflist ofwitnesses and exhibits. 8, .December 5, 2016 -Written Stipulations and/or agreed motions inLimine. On
or before December 5, 2016, the parties shall file any written stipulations that
narrow the factual or legal issue, and that are agreed Motions in Limine.

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### 9. J$uary/9-l0 ,2017- Hkiingiii. 

### Greensboro, NC.**Respecb.~ly** 

### siJbmitted, Peter J. tp'D-Ch( 

### Assistant!ChiefCoUIJSel

for Enfdrcempu


### By:

# Za¢Jtl~ Attorney
. Federal

### Aviation Admirusiration Office oftbe Chief

### Couhs~l Enforcement

### Division, Northeast Team 

### 1

### Aviatipn Plaza Jamaica, NY 11434 

### T: 718-553-3258 

### F: 718-995-5699 E: Zachary.Berman@FAJ1..GOV 

### Dated: February 3, 2016

# B~ ·o"''' Fohnncy3,20l6 Rdpondent's Counsel

### 34j~ South AviationDrive Burlington,NC 27215 T: ;336-358-6300 F: 336-286-7050

3 

### 'CERTIFICATE OF SERVICE I hereby certify that on this day copies of the foregoing Joint Proposed Scheduling!DiscoveryPlan were sent first class mail and fax as follows: Judge J. E. Sullivan U.S. Administrative Law Judge Office ofHearings, M-20 U.S. Department ofTransportation 1200 New Jersey Avenue, S.E. (Ell-310) Washington, DC 20590 FAX: 202-366-7536 Mr. H. Bruce Brandon Respondent's Counsel 3439 South Aviation Drive Burlington, NC 27215 T: 336-358-6300 F: 336-286-7050 I hereby certify that on this day copies of the foregoing Joint Proposed Scheduling/Discovery Plan were sent first class mail as follows: Federal Aviation Administration 800 Independence Avenue, S.W. Washington, DC 20591 Attention: Hearing Docket Clerk, AGC-430 Wilbur Wright Building- Suite 2Wl000

Date February 3, 2016

# LJ~ ,JJn-c**;~ooks** Paralegal Specialist Federal Aviation Administration l Aviation Plaza Jamaica, NY 11434

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