In The Matter Of: TANGO AIR, INC. 

## SERVED: April 13, 2016
U.S. DEPARTMENT OFTRANSPORTATION OFFICE OFHEARINGS WASHINGTON, DC

DocketN_o. FAA-2015-3317 d/b/a SCHUBACHAVIATION ) ) ) ) ) ) Case No. 2015WP090037 Respondent



### ORDER SETTING LITIGATIONDATES AND PROCEDURES t)b

On February 12, 2016, an Order Setting a Rule 16 Litigation Scheduling Conference, and Directing the Parties to Confer and File a Rule 26(£) Proposed Discovery Plan was filed. OnApril 4, 2016, the parties filed a Joint Status Report Pursuant to Order Setting Litigation Scheduling Conference and Directing Parties to File Proposed Discovery Plan. OnApril 12, 2016, the parties appeared by telephone for the Rule 16 Litigation Scheduling Conference. During this Conference, the parties discussed the Joint Status Report, their calendar availability, hearing dates, and other litigation procedural matters. Pursuantto 14 C.F.R. §§ 13.205, 13.220, and Civ. R. 16, and afterreviewing 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. 

### On orbefore April 29, 2016: General Discovery Initiated. Pursuantto 14 C.F.R. § 13.220(a), the Respondent has already begun conducting general discovery. To ensure full use ofthe discovery time allotted in this case, the FAA shall begin serving general discovery requests on orbefore April 29, 2016, pursuant to 14 C.F.R. §13.220 (b), (c), (d) and (e). Discovery requests must be served sufficiently early inthe discovery periodto permitthe service ofresponses thereto priorto the deadline for completing general discovery.**2~** Service**oflnterrogatories~** Pursuant to 14 C.F.R. § 13.220(k)(l), a party shall not serve more than thirty (30) interrogatories upon each other. Each subpart ofan interrogatory shall be counted as a separate interrogatory.

a. Objection(s) to Interrogatories. Pursuantto 14 C.F.R. § 13.220(k), any objection inresponse to an interrogatory must include the reason(s) supportingthe objection. 3. 

### Optional Conference with the Courtre: Discovery Disputes: To provide a more efficient mannerto resolve discovery disputes without the burden offiling a formal motion, a party faced with a discovery problem may opt to request a Conference withthe Court, before filing any formal discovery motion. 

### See, Civ. R. 16(b)(3)(B)(v). The movant should set up such optional Conference within 

### ten (10) days afterthe discovery dispute arises, pursuant to the directions contained in paragraph D 

### infra. 4. Motions to Limit Discovery upon Receipt ofDiscovery 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 Reliefwithin 

### ten (10) days after service ofthe disputed discovery request, or as directed by the Court ifan optional discovery dispute conference is first convened.

a. Good Faith Declaration Included: The Motion must include a declarationbythe moving party, confirming that the movant has already conferred or attemptedto confer in good faith with the opposing party regardingthe disputed discovery or disclosure, to try and resolve the matter informally, priorto seeking court relief. b. Copy ofDisputed Discovery: Pursuant to 14 C.F.R. 

### § 13.220(b), only a copy of the disputed discovery, in support ofthe motion, should be attached to the Motion orthe Response.

c. Response to Motion to Limit Discovery: Any Response to the Motion should be filed no later than 

### ten (10) days after service ofthe Motion. 1. Motions to Compel Discovery: A party seeking to compel discovery must file a Motion to Compel within 

### ten (10) 

### days after service ofa deficient response or afterthe response to the discovery was due, whichever occurs first; or as directed by the Court ifan optional discovery dispute conference is first convened.

a. Procedure for Motion: Any Motion and/or Response to Compel Discovery shall be filed inthe same manner as directed for Motions to LimitDiscovery (paragraph 4 (a)-(c) above). ·2. 

### Retained/Hired orEmployee ExpertWitness Disclosures. Ifa party retains orhires a witness to provide expert testimony, or a party intends**t~** utilize the testimony ofan employee to give expert testimony-thenthe party intending to offer suchwitness shall disclose this retained or employee expert witness to the opposing side. The expert witness Page 2 of5disclosure shall include the name ofthe witness, the witness's expert resume or qualifications, and the witness's written report or statement ofopinion (including disclosure ofthe basis ofthat opinion)

.. 3. 

### Duty to Supplement orAmend Discovery. Pursuant to 14 C.F.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. 4. 

### November 30, 2016: Deadlinefor Completing GeneralDiscovery. On orbefore November 30, 2016, the parties shall finish responding and serving answers to all general discovery requests pursuantto 14 C.F.R. 

### § 13.220. This includes the taking offact witness and expert witness depositions, pursuantto 14 C.F.R. 

### § 13.2200). 

### 5. Dispositive Motion(s). The parties agree that no schedule for filing pre-hearing dispositive motions is needed in this case. 6. 

### Pre-HearingTelephone Conference: January 18, 2017 (1 :30 p.m.-2:30 p.m. ET). The parties shall convene by telephone for a Pre-Hearing Status Conference onJanuary 18, 2017 (1 :30 p.m.-2:30 P:m. ET). 7. 

### January 27, 2017: List ofWitnesses/Exchange ofExhibits. Onorbefore 

### January 27, 2017, the parties will file the following: a) A list ofthe witnesses the party intends to call; b) A short statement ofthe testimony expected from each such witness; c) The resume or statement ofqualifications ofeachwitness who will be offered as an expert; d) The documents the party intends to offer in evidence (pre-marked as noted in paragraphE, infra); and

. e) An index cover sheet with a briefdescription ofeach document. · 8. 

### January 27, 2017: Written Stipulations and/orAgreed Motions 

### in Limine. Onor before January 27, 2017, the parties shall file any written stipulations thatnarrowthe factual orlegal issues, and/orthat are agreed Motions in Limine. 

### 9. March 14, 2017

- March 16, 2017: HearingDates. Based onthe parties' agreement, the Hearing will take 

### 3days or less. The Hearing will begin on 

### March 14, 2017 (9:00 a.m-5:00 p.m.) in the SanDiego, CA area. The Hearing will continue on

### March 15, 2017 (9:00 a.m-5:00 p.m.) and conclude on

### March 16, 2017 (9:00 a.m. - 5:00 p.m.). The specific location ofthe Hearing will be providedto the parties priorto the Hearing. B. Discovery Requests and Exchanges: Discovery requests and exchanges need not be filed with the Office ofHearings, except as part ofa motion regarding limited discovery, disputed discovery, or as part ofa motionto compel discovery. ·
Page 3 of5C. Failure to Move for Timely Relief/Late Service ofDiscovery: 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 ofdiscovery requests may also be grounds for denial ofa motion to compel compliance with such requests. D. Scheduling Motion or Pre-Hearing Conferences onthe Judge's Calendar: Priorto the Hearing date(s), ifa party wishes to schedule oral argument on any motion, or set up any type ofpre-hearing telephone conference on the Judge's calendar, the party shall first confer with**opp~sing** counsel about mutually agreeable alternate dates. The movant shall next contact Mr. Cody L. Smith, Attorney-Advisor, at the Office ofHearings (202-366-6941) as**s~on** as possible, with at least three (3) mutually-agreed, proposed alternate dates/times for the Judge's consideration. E. Exhibits Brought to the Hearing: Each party must bring to the Hearing at least three copies ofany 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 ofeach witness. Only one representative ofa party may direct or cross-examine a witness onbehalfofthat party. Pursuant to 14 C.F.R. 

### § 13.205 and 14 C.F.R. § 13.222, the Federal Rules ofEvidence may be utilized as helpful guidance in determining the admission ofevidence. G. Attorney Withdrawal: Pursuant to 14 C.F.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 ofthe attorney's intent to withdraw; 2. The name ofthe designated agent/lay representative ifthe Respondent inthe action is a business entity; 3. The current business address, telephone number, and fax number ofthe Respondent and ofits designated agent; 4. A statementthat the Respondent has been notified in writing ofthe pending hearing dates inthis litigation, as well as the pending pre-hearing discovery deadlines and telephone conferences; and 5. A statementthatthe Respondent has beenprovided a copy ofall Orders issued inthis litigation, as well as any other legal documents to which the Respondent is entitled.

Page 4 of5H. Court Filing ofExhibits with the Hearing Docket: All Exhibits that the parties have moved for admission during the Hearing will be attached to the courttranscript and filed by the courtreporter. I. Requests for Modification ofthis Order: Any requests for modification ofthe litigation dates and procedures set forth inthis Order should be made by written Motion. The parties may also file an agreed written request. J. Clarification or Questions: Forclarifications ofthis order orquestions with regard to the procedures to be followed inthis case, please contactMr. Cody L. Smith, Attorney-Advisor, at the Office ofHearings (202-366-6941).

Attachment: Service List

Page 5 of5

# .. DocketNo. FAA-2015-3317 (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 2Wl000 1

Mr. Robert Spitzer Complainant's Counsel Office ofthe Regional Counsel, ANM-7 Federal Aviation Administration Enforcement Division, Western Team 1601 Lind Avenue, S.W. Renton, WA 98057 TEL: 425-227-1417 FAX:**425-227~1007** Mr. Michael L. Dworkin Respondent's Counsel Michael L. Dworkin and Associates 465 California Street, Suite 210 San Francisco, CA 94104 FAX: 415-421-2560 Judge J.E. Sullivan US. Administrative LawJudge Office ofHearings, M-20 U.S. Department ofTransportation ONE COPY

1200NewJersey Avenue, S.E. (Ell-310) Washington, DC 20590 TEL: 202-366-6941 FAX: 202-366-7536

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.