SERVED NOVEMBER 21, 2012 

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U.S. DEPARTMENTOF TRANSPORTATION -,-~,~~;i'~Sf",~qflJ~~T/01·}. OFFICE OF HEARINGS . ' . JJ:! dr'tR!\TIOr~;S 

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 

ORDER RESERVING THE FAA'S MOTION TO ALLOW 

LATE IDENTIFIED EXPERT WITNESS AND 

GRANTING/DENYING OTHER RELIEF 

On September 24, 2012 an Order Setting Litigation Dates and Procedures was 

filed. Among other things, 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 of Discovery 

Deadline was filed. Among other things, this Order granted the parties' joint request to · 

extend the discovery reques.t exchange deadline from October 12, 2012 to October 31, 

2012. 

On November 16,2012 the FAA filed Complainant's Motion to Allow Late 

Identified Expert Witness. In this Motion the P AA moved to be allowed to disclose to 

the Respondent the name of an expert witness after October 31, 2012. 

On November 19, 2012 the Office of Hearings (OH) attorney stafftelephoned 

both the P AA ap.d the Respondent, and left telephone messages for both parti~s about the 

FAA's Motion, so that the parties would be orally advised of the administrative court's 

ruling prior to the Thanksgiving weekend. The OH attorney noted in both telephone 

messages that the due date in the September 24, 2012 Order Setting Litigation Dates and 

Procedures for the parties to finish providing 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, if the FAA still requires relief from 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. In this 

Supplemental Motion Statement, the FAA shall comply with the provisions of 

Paragraph Bin the September 24, 2012 Order, which requires the movant to first 

contact the opposing party and discuss the matter, and then if no mutual 

agreement is reached, to provide a report of this discussion in the f:Aotion. 

3. For clarifications of this 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 of Hearings ((202) 366-6941). 

Attachment: Service List 

Pagel of2 
SERVICE LIST- BY U.S. MAIL 

ORIGINAL & ONE COPY 

Federal Aviation Administration1 

800 Independence Avenue, S.W. 

Washington, DC 20591 

Attention: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building-Suite 2Wl 000 

Ms. Adrianne Wojcik, Esq. 

Complainant's Counsel 

Office of the Regional Counsel 

Great Lakes Region, AGL-7 

Federal Aviation Administration· 

2300 East Devon A venue 

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 Law Judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

1200 New Jersey Avenue, S.E. (Ell-310) 

Washington, DC 20590 

TEL: 202-366-2132 

FAX: 202-366-7536. 

ONE COPY 

FDMS No. FAA-2012-0477 

(Civil Penalty Action) 

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.