SERVED JULY 9, 2012 

U.S. DEPARTMENT OF TRANSPORTATION , 

·. 

In The Matter Of: 

EXECUTIVE 

HELICOPTERS, INC 

Respondent 

OFFICE OF HEARINGS 

· WASHINGTON, DC 

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Docket No. PAA-2012-0476 

Case No. 2009 SO 950054 

ZGll 

ORDER SETTING RULE 16 LITIGATION SCHEDULING CONFERENCE, AND 

DIRECTING RULE 26(f) PLANNING AND SUBMISSION 

1) Rule 16 Litigation Scheduling Conference: 

Pursuat1t to 14 C.P.R. §13.205(a)(l) and (7) and Civ. R. 16~ the parties shall appear by telephone on Friday, September 14, 2012 at 11 :OOam Eastern time for a Rule 16 Litigation 

Scheduling Conference. During this Conference the parties will discuss the issues in the dispute; 

their jointly submitted proposed scheduling/discovery plan (see paragraph 2lnfra) and respond 

to any questions regarding disagreements not resolved in the proposed plan. During the Confer- . '• 

ence a final scheduling/discovery plan will be ruled upon, as well as any other related matters 

pursuant to Rule 16(c). The Office of Hearings will initiate the Conference by telephone call, 

contacting each party at the party's telephone number of record. A party may provide an alter-

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nate number by notifying the Office of Hearings at least 24 hours prior to the et>nference. 

2) Rule 26(f) Attorneys' Planning Meeting, and Submission of Proposed Discovery Plan: 

Pursuant to 14 C.P.R. §13.217 and Civ. R. 26(f),priorto conveningwith the Judge for the 

Rule 16 Litigation Scheduling Conference, the parties shall privately conduct a Rule 26(f) planning meeting and prepare a jointly written proposed scheduling/discovery plan, which must be 

completed and filed with the undersigned Judge on or before Thursday, September 6, 2012 

(i.e., seven (7) calendar days before the Conference). In addition to filing the prop9sed scheduling/discovery plan by regular mail filing with the U.S. Department ofTransportation'sDocket 

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Office, the parties shall file a working copy of the scheduling/discovery plan with the undersigned Judge at the Office of Hearings by fax, express carrier, or personal delivery. The certificate of service should reflect the manner of service. 

The parties' Rule 26(f) planning meeting shall include a good faith discussion about the nature and basis of each party's claims, the possibility of resolving all or part of the case, the scope 

and type of discovery (including electronic discovery) and the place of venue for hearing. During this meeting, the parties shall discuss matters identified in 14 C.P.R. § 13.217 and Rule 

26(f)(2) and (3) as part of developing their proposed scheduling/discovery plan. 

The parties' planning meeting should also include discussion about the sequence and timing 

of follow-up discovery, including whether that discovery should be conducted in phases to prepare for any fHihg of particular motions (e.g., limiting scope oftrial, dispositive motions, etc). 

The deadlines in the parties' proposed scheduling/discovery plan should be mutually agreeable, 

with a view to achieving case resolution with a minimum of expense and delay. Any unresolved 

scheduling/discovery disputes should be clearly identified in the proposed discovery plan, 

so that these disputes may be addressed by the Judge during the Rule 16 Litigation Scheduling Conference. 

3) Conflicts with·Rule 16 Litigation Scheduling Conference Date: 

If a party has an unavoidable conflict with the scheduled Rule 16 Litigati?-n Scheduling 

Conference set in paragraph 1 supra, and wishes to modify the date/time of the scheduled Conference, the party shall first confer with opposing counsel about mutually agreeable alternate 

dates, and then contact C. Diane Mays at the Office of Hearings (202-366-2132) as soon as pos-

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sible after receipt of this Order; with at least three (3) niutually-agreed, proposea'hlternate 

dates/times for the Judge's consideration. 

Attachment: Service List 

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SERVICE LIST- BY U.S. MAIL 

ORIGINAL & ONE COPY 

Federal Aviation Administration 

800 Independence A venue, S. W. 

Washington, DC 20591 

Attention: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building-Suite 2W1 0001 

Jeremy Bass, President 

Executive Helicopters, Inc., Respondent 

3231 Victory Street 

Hanger 328 West 

Myrtle Beach, SC 29577 

TEL: 843-333-1626 

F~: 843-828-0307 

ONE COPY 

Autumn Killingham, Complainant's Counsel 

Enforcement Division 

Federal Aviation Administration 

800Independence Ave. S.W. 

Washington, DC 20591 

TEL: 202-267-7728 

The Honorable J.R Sullivan, Administrative Law Judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

1200 New Jersey Avenue, S.R (El1-310) 

Washington, DC 20590 

TEL: 202-366.;2132 

F~: 202-366-7536 

FDMS No. FAA-2012-0476 

(Civil Penalty Action) 

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Service was by U.S. MaiL For service in person or by expedited courier, use the following address: Fedentl 

Aviation Administration, 600 Independence Avenue, S.W., Wilbur Wright Building-Suite 2WIOOO, Washington, DC 20591; Attention: Hearing Docket Clerk, AGC-430. 

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