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In The Matter Of: LIBERTY FOUNDATION, INC. Respondent WASHINGTON, DC
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### ) ) ) ) ) Docket No. FAA-2012-0477
Case No. 2011 GL-03-0070

ORDERRESERVING THE FAA'S MOTION TO ALLOW LATE IDENTIFIED EXPERT WITNESS AND GRANTING/DENYING OTHERRELIEF
On September 24, 2012 an Order Setting Litigation Dates and Procedures was filed. Among otherthings, this Order set October 12, 2012 as the deadline for the parties to exchange general discovery requests, and December 14, 2012 as the deadline for the pai1:ies to finishing responding and serving answers.to all general discovery**r~quests.** On October 9, 2012 an Order Granting Joint request for Extension ofDiscovery Deadline was filed. Among other things, this Order granted the parties'jointrequest to · extend the discovery reques.t exchange deadline from October 12, 2012 to October 31, 2012. OnNovember 16,2012the FAAfiled Complainant's Motion to AllowLate Identified Expert Witness. In this Motion the 

### P AAmoved to be allowed to disclose to the Respondent the name ofan expert witness after October 31, 2012. OnNovember 19, 2012 the Office ofHearings (OH) attorney stafftelephoned both the 

### P AA ap.d the Respondent, and left telephone messages for both**parti~s** aboutthe FAA's Motion, so that the parties would be orally advised ofthe administrative court's ruling priorto the Thanksgiving weekend. The OH attorney noted inboth telephone messages that the due date in the September 24, 2012 Order Setting Litigation Dates and Procedures for the parties to finishproviding discovery material to each other was . December 14, 2012. Pursuant to 14 C.P.'R. §13.205(a), 14 C.P.R. §13.217, 14 C.P.R. §13.218, 14 C.F.R. §13.220, and Civil Rule 26, and after reviewing all relevant caselaw, decisions, regulation, statutory authority, and being fully advised; Page 1 of2

### IT IS HEREBY ORDERED: 1. The FAA's Motion to Allow Late Identified Expert Witness is deemed premature and reserved. The September 24, 2012 Order Setting Litigation Dates and Procedures sets December 14, 2012 as the deadline for the parties to finish providing discovery material to each other. 2. After December 14, 2012, ifthe FAA still requires relieffrom the discovery exchange deadlines established in the September 24, 2012 Order, the FAA may renew its request by filing a Supplemental Motion Statement for relief. Inthis Supplemental Motion Statement, the FAA shall comply with the provisions of Paragraph Binthe September 24, 2012 Order, whichrequires the movantto first contactthe opposing party and discuss the matter, and then ifno mutual agreement is reached, to provide a report ofthis discussion in the f:Aotion. 3. Forclarifications ofthis order or questions with regard to the procedures to be followed in this case, please contact Attorney-Advisor Mr. Cody.L. Smith at the Office ofHearings ((202) 366-6941).

Attachment: Service List

Pagel of2SERVICE LIST- BY U.S. MAIL ORIGINAL & ONE COPY Federal Aviation Administration 1 800 Independence Avenue, S.W. Washington, DC 20591 Attention: HearingDocket Clerk, AGC-430 Wilbur Wright Building-Suite 2Wl000

Ms. Adrianne Wojcik, Esq. Complainant's Counsel Office ofthe Regional Counsel Great Lakes Region, AGL-7 Federal Aviation Administration· 2300 East DevonAvenue Des Plaines, IL 600**18~4696** TEL: 847-294-7109 FAX:
. 847-294-7498 Mr. Stuart A. Goldstein, Esq.**Respondent~** Counsel Stuart A. Goldstein, P.A. 9350 South Dixie Highway, lOth Floor Miami, FL 33156 TEL: 305-670-1222 FAX: 305-670-7065 Judge J.E. Sullivan U. S. Administrative LawJudge Office ofHearings, M-20 U.S. Department ofTransportation 1200NewJersey Avenue, S.E. (Ell-310) Washington, DC 20590 TEL: 202-366-2132 FAX: 202-366-7536. ONE COPY FDMS No. FAA-2012-0477 (Civil PenaltyAction)

1 Service was by U.S. Mail. For service in person orby 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.