In The Matter Of: 

TANGO AIR, INC. 

SERVED: April 13, 2016 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, DC 

Docket N_o. FAA-2015-3317 

d/b/a SCHUBACH AVIATION 

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Case No. 2015WP090037 

Respondent 

ORDER SETTING LITIGATION DATES 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. 

On April 4, 2016, the parties filed a Joint Status Report Pursuant to Order Setting 

Litigation Scheduling Conference and Directing Parties to File Proposed Discovery Plan. 

On April 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. 

Pursuant to 14 C.F.R. §§ 13.205, 13.220, and Civ. R. 16, and after reviewing 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 or before April 29, 2016: General Discovery Initiated. Pursuant to 14 C.F.R. 

§ 13.220(a), the Respondent has already begun conducting general discovery. To ensure 

full use of the discovery time allotted in this case, the FAA shall begin serving general 

discovery requests on or before April 29, 2016, pursuant to 14 C.F.R. §13.220 (b), (c), (d) 

and ( e ). Discovery requests must be served sufficiently early in the discovery period to 

permit the service of responses thereto prior to 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 of an interrogatory 

shall be counted as a separate interrogatory. 

a. Objection(s) to Interrogatories. Pursuant to 14 C.F.R. § 13.220(k), any objection 

in response to an interrogatory must include the reason(s) supporting the 

objection. 

3. Optional Conference with the Court re: Discovery Disputes: To provide a more 

efficient manner to resolve discovery disputes without the burden of filing a formal 

motion, a party faced with a discovery problem may opt to request a Conference with the 

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 after the discovery 

dispute arises, pursuant to the directions contained in paragraph D infra. 

4. Motions to Limit Discovery upon Receipt of Discovery 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 Relief within ten (10) days after service of the disputed 

discovery request, or as directed by the Court if an optional discovery dispute conference 

is first convened. 

a. Good Faith Declaration Included: The Motion must include a declaration by the 

moving party, confirming that the movant has already conferred or attempted to 

confer in good faith with the opposing party regarding the disputed discovery or 

disclosure, to try and resolve the matter informally, prior to seeking court relief. 

b. Copy of Disputed Discovery: Pursuant to 14 C.F .R. § 13 .220(b ), only a copy of 

the disputed discovery, in support of the motion, should be attached to the Motion 

or the Response. 

c. Response to Motion to Limit Discovery: Any Response to the Motion should be 

filed no later than ten (10) days after service of the Motion. 

1. Motions to Compel Discovery: A party seeking to compel discovery must file a Motion 

to Compel within ten (10) days after service of a deficient response or after the response 

to the discovery was due, whichever occurs first; or as directed by the Court if an 

optional discovery dispute conference is first convened. 

a. Procedure for Motion: Any Motion and/or Response to Compel Discovery shall 

be filed in the same manner as directed for Motions to Limit Discovery 

(paragraph 4 (a)-(c) above). 

·2. Retained/Hired or Employee Expert Witness Disclosures. If a party retains or hires a 

witness to provide expert testimony, or a party intends t~ utilize the testimony of an 

employee to give expert testimony-then the party intending to offer such witness shall 

disclose this retained or employee expert witness to the opposing side. The expert witness 

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disclosure shall include the name of the witness, the witness's expert resume or 

qualifications, and the witness's written report or statement of opinion (including 

disclosure of the basis of that opinion) .. 

3. Duty to Supplement or Amend 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: Deadline for Completing General Discovery. On or before 

November 30, 2016, the parties shall finish responding and serving answers to all general 

discovery requests pursuant to 14 C.F.R. § 13.220. This includes the taking of fact 

witness and expert witness depositions, pursuant to 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-Hearing Telephone 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 on January 18, 

2017 (1 :30 p.m.-2:30 P:m. ET). 

7. January 27, 2017: List of Witnesses/Exchange of Exhibits. On or before January 27, 

2017, the parties will file the following: 

a) A list of the witnesses the party intends to call; 

b) A short statement of the testimony expected from each such witness; 

c) The resume or statement of qualifications of each witness who will be offered as 

an expert; 

d) The documents the party intends to offer in evidence (pre-marked as noted in 

paragraph E, infra); and . 

e) An index cover sheet with a brief description of each document. · 

8. January 27, 2017: Written Stipulations and/or Agreed Motions in Limine. On or 

before January 27, 2017, the parties shall file any written stipulations that narrow the 

factual or legal issues, and/or that are agreed Motions in Limine. 

9. March 14, 2017 - March 16, 2017: Hearing Dates. 

Based on the parties' agreement, the Hearing will take 3 days or less. The Hearing will 

begin on March 14, 2017 (9:00 a.m-5:00 p.m.) in the San Diego, 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 of the Hearing will be provided to the 

parties prior to the Hearing. 

B. Discovery Requests and Exchanges: 

Discovery requests and exchanges need not be filed with the Office of Hearings, except 

as part of a motion regarding limited discovery, disputed discovery, or as part of a motion to 

compel discovery. · 

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C. Failure to Move for Timely Relief/Late Service of Discovery: 

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 of discovery requests 

may also be grounds for denial of a motion to compel compliance with such requests. 

D. Scheduling Motion or Pre-Hearing Conferences on the Judge's Calendar: 

Prior to the Hearing date( s ), if a party wishes to schedule oral argument on any motion, or 

set up any type of pre-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 of Hearings (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 of any 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 of each witness. Only one representative of a party may direct or 

cross-examine a witness on behalf of that party. Pursuant to 14 C.F.R. § 13.205 and 14 

C.F.R. § 13.222, the Federal Rules of Evidence may be utilized as helpful guidance in 

determining the admission of evidence. 

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 of the attorney's intent to 

withdraw; 

2. The name of the designated agent/lay representative if the Respondent in the action is 

a business entity; 

3. The current business address, telephone number, and fax number of the Respondent 

and of its designated agent; 

4. A statement that the Respondent has been notified in writing of the pending hearing 

dates in this litigation, as well as the pending pre-hearing discovery deadlines and 

telephone conferences; and 

5. A statement that the Respondent has been provided a copy of all Orders issued in this 

litigation, as well as any other legal documents to which the Respondent is entitled. 

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H. Court Filing of Exhibits with the Hearing Docket: 

All Exhibits that the parties have moved for admission during the Hearing will be 

attached to the court transcript and filed by the court reporter. 

I. Requests for Modification of this Order: 

Any requests for modification of the litigation dates and procedures set forth in this Order 

should be made by written Motion. The parties may also file an agreed written request. 

J. Clarification or Questions: 

For clarifications of this order or questions with regard to the procedures to be followed 

in this case, please contact Mr. Cody L. Smith, Attorney-Advisor, at the Office of Hearings 

(202-366-6941 ). 

Attachment: Service List 

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.. Docket No. 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 2Wl0001 

Mr. Robert Spitzer 

Complainant's Counsel 

Office of the 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 Law Judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

ONE COPY 

1200 New Jersey 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.