In The Matter Of: 

PAZ AVIATION, INC. 

Respondent 

SERVED: January 12, 2016 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASIDNGTON, DC 

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Docket No. FAA-2014-0807 

Case No. 2011S090272 

ORDER SETTING 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 Plan was filed. This 

Order directed the parties to file a Rule 26(f) Plan with the Court by January 5, 2016, and to 

convene with the Court on January 12, 2016 for a Rule 16 Conference. 

On January 4, 2016, the parties filed a Joint Proposed Scheduling Plan. 

On January 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 Initial Disclosures. To ensure that the parties have 

sufficient time to address all issues in dispute, on or before February 5, 2016, the parties 

shall serve each other with initial disclosures (as described in Civ. R. 26(a)(l)(A)(i), (ii), 

and (iii)) without waiting for a specific discovery request. 

2. On or before February 8, 2016: General Discovery Initiated. Pursuant to 14 C.F.R. 

§ 13.220(a), the parties may have already begun conducting general discovery. If not, 

then to ensure full use of the discovery time allotted in this case, the parties shall begin 

exchanging or serving general discovery requests on or before February 8, 2016, pursuant 

to 14 C.F.R. §13.220 (b), (c), (d) and (e). General discovery includes, but is not limited 
to: notices of deposition; requests for production of documents; propounding 

interrogatories; requests for admission; etc. A party shall respond to a general discovery 

request no later than 30 days after service of the request, unless otherwise agreed by the 

parties. Discovery requests must be served sufficiently early in the discovery period to 

permit the service of responses 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 of an interrogatory 

shall be counted as a separate interrogatory. 

a. Objection(s) to Interrogatories. Pursuant to 14 C.F.R. § 13.220(k), any objection 

in response to an interrogatory must include the reason(s) supporting the 

objection. 

4. Motions to Limit Discovery upon Receipt of Discovery 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 Relief within fifteen (15) days after service of the disputed 

discovery request. 

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 court relief. 

b. Copy of Disputed Discovery: Pursuant to 14 C.F.R. § 13.220(b), only a copy of · 

the disputed discovery, in support of the 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 later than ten (10) days after service of the Motion. 

5. Motions to Compel Discovery: A party seeking to compel discovery must file a Motion 

to Compel within fifteen (15) days after service of a 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 court relief. 

b. Procedure for Motion: Any Motion and/or Response to Compel Discovery shall 

be filed in the same manner as· directed for Motions to Limit Discovery 

(paragraph 4 (b)-( c) above). 

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6. 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 or before March 18, 2016 

the Respondent shall file a written status report regarding how this litigation might be 

impacted (if at all) by the transfer of business operations to a new principal or owner 

(following the December 2015 passing of Respondent's owner, Mr. Jay Allen). 

8. Retained/Hired or Employee Expert Witness Disclosures. If a party retains or hires a 

witness to provide expert testimony, or a party intends to utilize the testimony of an 

employee to give expert testimony-then the party intending to offer such witness shall 

disclose this retained or employee expert witness to the opposing side pursuant to the 

timeline below. The expert witness disclosure shall include the name of the witness, the 

witness's expert resume or qualifications, and the witness's written report or statement of 

opinion (including disclosure of the basis of that 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 of Deposition Period. The parties may begin taking 

depositions of expert and/or non-expert witnesses pursuant to 14 C.F .R. § 13 .2200). 

10. May 16, 2016: Deadline for Serving Notices of Deposition and/or Requesting 

Subpoenas for Depositions. The last date for both parties to serve notices of deposition 

pursuant to 14 C.F.R. § 13.2200), and/or request a subpoena to compel the attendance of 

a witness at a deposition pursuant to 14 C.F.R. § 13.228(a). 

11. July 22, 2016: Deadline for Serving Written Discovery Requests. On or before July 

22, 2016, the parties shall finish serving all written discovery requests. 

12. July 22,2016: Deadline to Take Depositions. On or before 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 or before 

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

b) November 4, 2016: Deadline for filing Reply (if any). 

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15. Telephone Motion Conference: December 14,2016 (1:30 p.m.-3:00p.m. ET). The 

parties shall convene by telephone for oral argument on any filed dispositive motions on 

December 14, 2016 (1 :30 p.m.-3:00p.m. ET). N.B. If the parties do not file dispositive 

motions, then this Telephone Conference will be automatically converted and held 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 of Witnesses/Exchange of Exhibits. On or before February 

10, 2017, the parties will file the following: 

a) A list of the witnesses the party intends to call; 

b) A short statement of the testimony expected from each such witness; 

c) The resume or statement of qualifications of each witness who will be offered as 

an expert; 

d) The documents the party intends to offer in evidence (pre-marked and tabbed as 

noted in paragraph E, infra); and 

e) An index cover sheet with a brief description of each document. 

17. February 10,2017: Written Stipulations and/or Agreed Motions in Limine. On or 

before March 24, 2017, the parties shall file any written stipulations that narrow the 

factual or legal issues, and/or that are agreed Motions in Limine. 

18. March 14, 2017- March 16, 2017: Hearing Dates. 

Based on the parties' agreement, the Hearing will Ulke 2.5 days or less. The Hearing will 

begin on March 14,2017 (9:00a.m-5:00p.m.) in the 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 of the Hearing will be provided to the 

parties prior to the Hearing. 

B. Discovery Requests and Exchanges: 

Discovery requests and exchanges need not be filed with the Office of Hearings, except 

as part of a motion regarding limited discovery, disputed discovery, or as part of a motion to 

compel discovery. 

C. Failure to Move for Timely Relief/Late Service of Discovery: 

· 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 that the 

party has, through its actions, waived its right to relief. Late service of discovery requests 

may also be grounds for denial of a motion to compel compliance with such requests. 

D. Scheduling Motion or Pre-Hearing Conferences on the Judge's Calendar: 

Prior to the Hearing date( s ), if a party wishes to schedule oral argument on any motion, or 

set up any type of pre-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 of Hearings (202-366-6941) 

as soon as possible, with at least three (3) mutually-agreed, proposed alternate dates/times for 

the Judge's consideration. 

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E. Exhibits Brought to the Hearing: 

Each party must bring to the Hearing at least three copies of any documents it intends 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 and tabbed. Complainant's 

exhibits should be marked "C-1," "C-2," "C-3," etc. Respondent's exhibits should be 

marked "R-1," R-2," "R-3," etc. 

F. Examination Process at the Hearing: 

At the Hearing, there will be the opportunity for direct examination, cross-examination, 

and redirect examination of each witness. Only one representative of a party may direct or 

cross-examine a witness on behalf of that party. Pursuant to 14 C.F .R. § 13.205 and 14 

C.P.R.§ 13.222, the Federal RUles of Evidence may be utilized as helpful guidance in 

determining the admission of evidence. 

G. Attorney Withdrawal: Pursuant to 14 C.P.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: 

1. The date the Respondent was served with written notice of the attorney's intent to 

withdraw; 

2. The name of the designated agent/lay representative if the Respondent in the action is 

a business entity; 

3. The current business address, telephone number, and fax number of the Respondent 

and of its designated agent; 

4. A statement that the Respondent has been notified in writing of the pending hearing 

dates in this litigation, as well as the pending pre-hearing discovery deadlines and 

telephone conferences; and 

5. A statement that the Respondent has been provided a copy of all Orders issued in this 

litigation, as well as any other legal documents to which the Respondent is entitled. 

H. Court Filing of Exhibits 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 of this Order: 

Any requests for modification of the litigation dates and procedures set forth in this Order 

should be made by written Motion. The parties may also file an agreed written request. 

J. Clarification or Questions: 

For clarifications of this order or questions with regard to the procedures to be followed 

in this case, please contact Mr. Cody L. Smith, Attorney-Advisor, at the Office of Hearings 

(202-366-6941 ). 

Attachment: Service List 

Page 5 ofS 
Docket No. 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 Docket Clerk, AGC-430 

Wilbur Wright Building-Suite 2W1 0001 

ONE COPY 

Mr. Brandon C. Goldberg 

Complainant's Counsel 

Federal Aviation Administration 

Office of the Chief Counsel 

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 

F PCK: 305-643-4990 

Judge J.E. Sullivan 

US. Administrative Law Judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

1200New Jersey 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.