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U.S. DEPARTMENT OF TRANSPORTATION FEB J 7 ,.111 

OFFICE OF HEARINGS t.w6 

WASHINGTON, D.C. HEARii\J'.! . " ..... UV(.;KET 

In the Matter of Clear Day Aviation, 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/discovery plan: 

1. May 2, 2016 - deadline for filing general discovery requests, including but not 

limited to: taking depositions; serving and answering requests for production 

of docmnents; interrogatories; requests for admissions; etc. 

2. Motion to Limit Discovery upon Receipt of Discovery Request: 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 relief within 10 days of 

service of the disputed discovery request. 

3. Motion to Compel Discovery: A party seeking to compel discovery must file 

a Motion to Compel within 10 days of receipt of service of a deficient response 

or after the response to the discovery is due, whichever occurs first. 

4. July 1, 2016 -Expert witness 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 of opinion (including disclosure of the basis of the 

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 of depositions, 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 of list of witnesses and exhibits. 

8, .December 5, 2016 -Written Stipulations and/or agreed motions in Limine. 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-Hkiing iii. Greensboro, NC. 

Respecb.~ly siJbmitted, 

Peter J. tp'D-Ch( 

Assistant! Chief CoUIJSel 

for Enfdrcempu 

By: 

Za¢Jtl~ Attorney . 

Federal Aviation Admirusiration 

Office of tbe 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 Aviation Drive 

Burlington, NC 27215 

T: ;336-358-6300 

F: 336-286-7050 

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' 
CERTIFICATE OF SERVICE 

I hereby certify that on this day copies of the foregoing Joint Proposed 

Scheduling!Discovery Plan were sent first class mail and fax as follows: 

Judge J. E. Sullivan 

U.S. Administrative Law Judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

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 2Wl 000 

Date February 3, 2016 LJ~ ,JJn-c ;~ooks Paralegal Specialist 

Federal Aviation Administration 

l Aviation Plaza 

Jamaica, NY 11434 

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