In The Matter Of: PAZ AVIATION, INC. Respondent 

## SERVED: 

## January 12, 2016

U.S. DEPARTMENT OFTRANSPORTATION OFFICE OFHEARINGS WASIDNGTON, DC ) ) ) ) ) DocketNo. FAA-2014-0807 CaseNo. 2011S090272



### ORDERSETTING LITIGATION DATES AND PROCEDURES

On October 1, 2015, an Order Setting a Rule 16 Litigation Scheduling Conference, and Directing the Parties to Confer and File a Rule 26(f) Proposed Discovery Planwas filed. This Order directed the parties to file a Rule 26(f) Plan with the CourtbyJanuary 5, 2016, and to convene with the Court onJanuary 12, 2016 for a Rule 16 Conference. OnJanuary 4, 2016, the parties filed a JointProposed Scheduling Plan. OnJanuary 12, 2016, the parties appeared by telephone for the Rule 16 Litigation Scheduling Conference, and discussed the parties' scheduling plan, their calendar availability, hearing dates, and other litigation procedural matters. Pursuant to 14 C.F.R. §§ 13.205; 13.220; and Civ. R. 16, and after reviewing all relevant caselaw, regulations, 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. 

### February 5, 2016: 

### Deadline for InitialDisclosures. To ensure thatthe partieshave sufficienttime to address all issues in dispute, on orbefore February 5, 2016, the parties shall serve each otherwith initial disclosures (as described in Civ. R. 26(a)(l)(A)(i), (ii), and (iii)) without waiting for a specific discovery request. 2. 

### On orbefore February 8, 2016: 

### General Discovery Initiated. Pursuantto 14 C.F.R. § 13.220(a), the parties may have already begun conducting general discovery. Ifnot, thento ensure full use ofthe discovery time allotted inthis case, the parties shall begin exchanging or serving general discovery requests on orbefore February 8, 2016, pursuant to 14 C.F.R. §13.220 (b), (c), (d) and (e). General discovery includes, butis not limitedto: notices ofdeposition; requests for production ofdocuments; propounding interrogatories; requests for admission; etc. A party shall respond to a general discovery request nolaterthan 30 days after service ofthe request, unless otherwise agreed bythe parties. Discovery requests must be served sufficiently early inthe discovery periodto permit the service ofresponses thereto prior to the deadline for completing general discovery. 3. Service oflnterrogatories. 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(f), (g), and (h), shall file a Motion for Reliefwithin fifteen (15) days after service ofthe disputed discovery request.

a. Good Faith DeclarationIncluded: The Motion must include a declarationby the moving party, confirming that the movant has already conferred or attempted to confer in good faith with the opposing party regarding the disputed discovery or disclosure, to try and resolve the matter informally, prior to seeking court relief. b. 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 or the Response.

c. Response to Motion to Limit Discovery: Any Response to the Motion should be filed no laterthan ten (10) days after service ofthe Motion. 5. Motions to Compel Discovery: A party seeking to compel discovery must file a Motion to Compel within fifteen (15) days after service ofa deficient response or after the response to the discovery was due, whichever occurs first.

a. Good Faith Declaration Included: The Motion must include a declaration by the moving party, confirming that the movant has already conferred or attempted to confer in good faith with the opposing party regarding the disputed discovery or disclosure, to try and resolve the matter informally, prior to seeking courtrelief. b. Procedure for Motion: Any Motion and/or Response to Compel Discovery shall be filed inthe same manner as·directed for Motions to Limit Discovery (paragraph 4 (b)-(c) above).

Page 2 of 56. Duty to Supplement or Amend Discovery. Pursuant to 14 C.P.R.§ 13.220(i), a party who has responded to a discovery request in this case has a duty to supplement or amend the response throughout the litigation period, as soon as the information is known. 7. March 

### 18,2016: Respondent's Written Status Report. On orbefore March 18, 2016 the Respondent shall file a written status report regarding howthis litigation might be impacted (ifat all) by the transfer ofbusiness operations to a newprincipal or owner (following the December 2015 passing ofRespondent's owner, Mr. Jay Allen). 8. Retained/Hired orEmployeeExpertWitness Disclosures. Ifa party retains or hires a witness to provide expert testimony, or a party intends to utilize the testimony ofan employee to give expert testimony-thenthe party intending to offer such witness shall disclose this retained or employee expert witness to the opposing side pursuantto the timeline below. The expert witness disclosure shall include the name ofthe witness, the witness's expertresume or qualifications, and the witness's written report or statement of opinion (including disclosure ofthe basis ofthat opinion). a) FAA Expert Disclosure Deadline: March 

### 25, 2016. b) Respondent Expert Disclosure Deadline: March 

### 25,2016. c) Expert Rebuttal Reports Deadline: July 

### 8, 2016. 9. March 

### 28, 2016: Beginning ofDeposition Period. The parties may begin taking depositions ofexpert and/or non-expert witnesses pursuant to 14 C.F.R. 

### § 13.2200). 10. May 

### 16, 2016: Deadline for Serving Notices ofDeposition and/or Requesting Subpoenas for Depositions. The last date for bothparties to serve notices ofdeposition pursuant to 14 C.F.R. 

### § 13.2200), and/or request a subpoenato compel the attendance of a witness at a deposition pursuant to 14 C.F.R. § 13.228(a). 11. July 

### 22, 2016: Deadline for ServingWritten Discovery Requests. On orbefore July 22, 2016, the parties shall finish serving all written discovery requests. 12. July 

### 22,2016: Deadlineto Take Depositions. On orbefore July 22, 2016, the parties shall conclude all depositions, for both expert and fact witnesses. 13. September

### 30,2016: Deadline for Completing General Discovery. On orbefore August 26, 2016, the parties shall finish responding and serving answers to all general discovery requests pursuant to 14 C.F.R. 

### § 13.220. 14. October 

### 14,2016: Deadline for FilingDispositive Motion(s). The lastdate for both parties to file any/all pre-hearing dispositive motions, including Default Motions and/or Summary Judgment Motions. a) October 

### 28, 2016: Deadline for filing Answer to Dispositive Motion(s); and 

### b) November 4, 2016: Deadline for filing Reply (ifany).

Page 3 of515. 

### Telephone Motion Conference: December 14,2016 (1:30 p.m.-3:00p.m. ET). The parties shall convene bytelephone for oral argument onany filed dispositive motions on December 14, 2016 (1 :30 p.m.-3:00p.m. ET). N.B. Ifthe parties do not file dispositive motions, thenthis Telephone Conference will be automatically converted andheld as a Pre-Hearing Status Conference. The parties shall access the Court's conference line by calling 202-493-2343. 16. 

### February 10, 2017: List ofWitnesses/Exchange ofExhibits. On orbefore February 10, 2017, the parties will 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 or statement ofqualifications ofeach witness who will be offered as an expert; d) The documents the party intends to offer in evidence (pre-marked and tabbed as noted inparagraphE, infra); and e) 

### An index cover sheet with a briefdescription ofeach document. 17. 

### February 10,2017: Written Stipulations and/orAgreed Motions 

### in Limine. Onor before March 24, 2017, the parties shall file any written stipulations that narrowthe factual orlegal issues, and/or that are agreed Motions inLimine. 

### 18. 

### March 14, 2017- March 16, 2017: HearingDates. Based onthe parties' agreement, the Hearing will Ulke 2.5 days orless. The Hearing will begin on

### March 14,2017 (9:00a.m-5:00p.m.) inthe Miami, Florida area. The Hearing will continue on

### March 15,2017 (9:00a.m-5:00p.m.) and conclude on

### March 16,2017 (9:00a.m.- 12:00 p.m.). The specific location ofthe Hearing will beprovidedto the parties priorto the Hearing. B. Discovery Requests and Exchanges: Discovery requests and exchanges need not be filed with the Office ofHearings, except as part ofa motionregarding limited discovery, disputed discovery, oras part ofa motion to compel discovery. C. Failure to Move for Timely Relief/Late Service ofDiscovery:

· The failure to timely respondto discovery requests, and/or to timely move for relief regarding discovery disputes during the discovery period, mayresult in a finding that the party has, through its actions, waived its right to relief. Late service ofdiscovery requests may also be grounds for denial ofa motionto compel compliancewith suchrequests. D. Scheduling Motion orPre-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, atthe Office ofHearings (202-366-6941) as soon as possible, with at leastthree (3) mutually-agreed, proposed alternate dates/times for the Judge's consideration. Page 4 ofSE. Exhibits Brought to the Hearing: Each party must bring to the Hearing at least three copies ofany documents it intends to offer inevidence as exhibits (two for the Judge and one for the courtreporter). The exhibits musthave an index cover sheet, and should bepre-marked and tabbed. Complainant's exhibits should be marked "C-1," "C-2," "C-3," etc. Respondent's exhibits shouldbe marked "R-1," R-2," "R-3," etc. F. Examination Process atthe Hearing: Atthe Hearing, there will be the opportunity for direct examination, cross-examination, and redirect examination ofeach witness. Only one representative ofa party may direct or cross-examine a witness onbehalfofthat party. Pursuant to 14 C.F.R. § 13.205 and 14 C.P.R.§ 13.222, the Federal RUles ofEvidence may be utilized as helpful guidance in determining the admission ofevidence. G. Attorney Withdrawal: Pursuant to 14 C.P.R.§ 13.218, an attorney who wishes to withdraw from representing a party must file a Motionto Withdraw. Inthis Motion, the attorney shall confirm the following: 1. The date the Respondent was served with written notice ofthe attorney's intentto withdraw; 2. The name ofthe designated agent/lay representative ifthe Respondent inthe action is a business entity; 3. The current business address, telephone number, and fax number ofthe Respondent and ofits designated agent; 4. A statement that 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 5. A statement that the Respondenthas 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 with the Hearing Docket: All Exhibits that the parties have moved for admission during the Hearing will be attached to the court transcript and filed by the court reporter. I. Requests for Modification ofthis Order: Any requests for modification ofthe litigation dates andprocedures set forth inthis Order shouldbe made by written Motion. The parties may also file an agreed written request. 

### J. Clarification or Questions: For clarifications ofthis order orquestions with regard to the procedures to be followed in this case, please contact Mr. Cody L. Smith, Attorney-Advisor, atthe Office ofHearings (202-366-6941).

Attachment: Service List Page 5 ofSDocketNo. FAA-2014-0807 (Civil Penalty Action) 

### SERVICE LIST- BY U.S. MAIL ORIGINAL & ONE COPY Federal Aviation Administration 800 Independence Avenue, S.W. Washington, DC 20591 Attention: Hearing DocketClerk, AGC-430 Wilbur Wright Building-Suite 2W10001 ONE COPY 

### Mr. Brandon C. Goldberg Complainant's Counsel Federal Aviation Administration Office ofthe ChiefCounsel Enforcement Division, Southern Team P.O. Box 20636 Atlanta, GA 30320 TEL: 404-305-5200 FPCK: 404-305-5223 

### Mr. David M. McDonald Respondent's Counsel McDonald & McDonald Attorneys at Law P.O. Box 669122 Miami, FL 33166-9428 TEL: 305-643-5313 FPCK: 305-643-4990 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 Paz Aviation Inc., Respondent c/o Representative for Jay Allen, President 7455 W 2"d Court Hialeah, FL 33014-4301

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-Suite 2Wl000, Washington, DC 20591; Attention: Hearing Docket Clerk, AGC-430.