### U.S. DEPARTMENT OF TRANSPORTATION 

## !

## :I 

## P 2: 08 Office

### of

### H~arlngs Washington, D. C. 

# REcEIvED

The Liberty Foundation, Inc. FAA DOCKET NO. CP *not yet assigned* (EIR 2011-GL-03-0070)

(Civil PenaltyAction)

JOINT PBOPOSED

### SCHEDULINGIDI$COVERY PLAN 

# SEP 102012 

# HEARING DOCKET

Pursuant to the Court's "Order Setting Rule 

### 16 Litigation Scheduling Conference, And Directing Rule 26(f) Planning And Submission," dated July 

### 12, 2012, the parties herewith submittheir Joint Proposed Scheduling/Discovery Plan. 

### Possibility of Settlement: The likelihood of settlement at this time is unknown. The parties conducted an Informal Conference that did not result in settlement. The parties pledge to diligently work towards an amicable resolution ofthis matter, 

### if possible. PrQposed Discovery Plan;



### ----· ......

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### . ..dis.coue+¥t**~with~** each·

### -party .having

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# ..**·--~--·~··-·······•** interrogatories and first requests for production to the other party. In addition, Complainant has submitted a request to admit the authentication of certain photographs. The parties have each requested additional time to respond to the other party's first interrogatories and requests for production. The initial discovery requests should be answered by September 21, 2012. The parties anticipate that additional

### discovery will be needed including depositions of disclosed witnesses and follow-up discovery after receipt of initial responsesand after depositions. However, all discovery, including depositions, wilt be concluded no later than January 25, 2013, unless otherwise agreed in writing by both parties. Since this case is similar to a related case thatwas before the National Transportation Safety Board, it Is anticipated the parties will be able to agree upon the admissibility of certain evidence developed in that related
case. However, the parties reserv€!the rightto conduct discovery deemed necessary to properly representtheir clients. Attached hereto as ScheduleAis ajoint proposed discovery schedule. Nature and Basis of Claims and Defenses: 

### The claims and defenses are set out in detail in the Complaint and Answer and Affirmative Defenses. Issues Regarding Preservation of Dlacoverable Information: 

### The parties h'ave not identified any issues at this time regarding the preservation of discoverable information. It is anticipated the parties have and will continue to preserve discoverable information in their possession.

Adrianne Wojcik, Esq. Office of the Regional Counsel Great Lakes Region,**AGL~7** 

### Federal Aviation Administration 2300 East Devon Avenue Des Plaines, IL 60018-4696 Attorney for Complainant Respectfully submitted,

2Stuart

## A. Goldstein, Esq. StuartA.Goldstein, P. 

### A. 9350 South Dixie Highway, 1Oth Floor Miami, FL 33156 Tel: (305) 670-1222 Fax: (305) 670-7065 Email: stuartgoldsteinpa@att.net Attorneyfor Respondent



### I HEREBY CERTIFY that the foregoing Joint Proposed Scheduling/Discovery Plan has been served on this .L,y\G\day

# of-.~~.(.~.'i'.l\1'**~.lt-1,2012,** as setforth below:

I Original and One Qopy tQ: FederalAviation Administration 800 IndependenceAvenue, 

### S. W. Washington, D. C. 20591 Attention: Hearing Docket Clerk,**AGC~430** Wilbur Wright Building, Suite 2W1000 By regular U. S. Mail
One 

### CQpy tQ: The Honorable

### J. E. Sullivan, Administrative Law Judge Office of Hearings, M-20 U. S. Department of Transportation 1200 NewJerseyAvenue, S. E. (E11-310) Washington, D. C. 20590 By Facsimile (202) 366-2132 and regular U.S. Mail

3 StuartA.Goldstein, 9350 South Dixie Highway, 1Oth Floor Miami, FL 33156 Tel: (305) 670-1222 Fax: (305) 670-7065 Email: stuartgQidsteinpa@att.net 

### By;e ''· , StuartA. Goldstein Attorneyfor Respondent12/18/2012
1/4/201;3_

1/25/2013

2/13/2012**2/26/201~**
3/26/201J 

### SCHEDULE A- JOINT PROPOSED DISCOVERy SCHEDULE AND TRIAL DATE Description; 

### Parties shall exchange expert witness summaries and reports.

Parties shall exchange rebuttal expert witness summaries and rep:orts.

All discovery, including expert discovery, shall be completed.

Parrties shall exchange final witness lists containing the names and addresses of all witnesses intended to be called attrial.1

All pretrial motions and memoranda shall be filed.
Trial date.

1 The parties agree ifa name or document was notpreviously revealed, the parties have a rightto engage in discovery as to such documentor person.4