U.S. DEPARTMENT OF TRANSPORTATION 

! :I P 2: 0 8 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 Penalty Action) 

JOINT PBOPOSED SCHEDULINGIDI$COVERY PLAN 

SEP 1 0 2012 

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 submit their 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 of this matter, if possible. 

PrQposed Discovery Plan; 

----· ...... ·-" ..........,,_.,..._,......_...... -·--.. _ .. ,..Iba.__palli.e.s..-ba~bag.uJt.~ . ..dis.coue+¥t ~with~ each· -party .having . sul3mitte€l fif&t~--~-· · <·•····~·-· .. ·--~--·~··-·······

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 responses and 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 

that was 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 right to conduct discovery deemed necessary to 

properly represent their clients. 

Attached hereto as Schedule A is a joint 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, 

2 
Stuart A. Goldstein, Esq. 

Stuart A. Goldstein, P. A. 

9350 South Dixie Highway, 1Oth Floor 

Miami, FL 33156 

Tel: (305) 670-1222 

Fax: (305) 670-7065 

Email: stuartgoldsteinpa@att.net 

Attorney for 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 set forth below: 

I 

Original and One Qopy tQ: 

Federal Aviation Administration 

800 Independence Avenue, S. W. 

Washington, D. C. 20591 

Attention: Hearing Docket Clerk, AGC~430 

Wilbur Wright Building, Suite 2W1 000 

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 New Jersey Avenue, 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 ''· , 

Stuart A. Goldstein 

Attorney for Respondent 
12/18/2012 

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 at trial.1 

All pretrial motions and memoranda shall be filed. 

Trial date. 

1 

The parties agree if a name or document was not previously revealed, the parties have a right to 

engage in discovery as to such document or person. 

4