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In The Matter Of: 

## SERVED: June 6, 2013
U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS WASHINGTON, DC

DocketNo. FAA-2013-0045 WORLDWIDE AIRCRAFT SERVICES, INC. ) ) ) ) ) ) Case No. 2009S0150216 Respondent

ORDER SETTING LITIGATION DATES AND PROCEDURES

OnMarch 28, 2013, an Order Setting Rule 16 Litigation Scheduling Conference and Directing Rule 26(f) Planning and Submission was filed. On May 30, 2013 a Joint Section 13.217/Rule 26(f) Report Submittedby Complainant FAA was filed. OnJune 6, 2013, the parties appeared by telephone for the Rule 16 Litigation Scheduling Conference, and discussed their calendar availability, hearing dates, and other litigation procedural matters. Pursuantto 14 C.F.R. §13.205(a)(1), (6) and (7), Civ. R. 16, 14 C.F.R. §13.217, and 14 C.F.R. §13.220, and after reviewing all relevant caselaw, regulation, statutory authority, and being fully advised;

IT IS HEREBY ORDERED: A. The litigation dates and hearing dates are hereby set as follows 1. June 28, 2013: Deadline for InitialDisclosures. The last date for the parties to serve each other with initial disclosures pursuant to Civ. R. 26(a)(l)(A). 2. July 12,2013: General Discovery Start Date. On orbefore July 12, 2013, the parties shall begin exchanging or serving additional general discovery requests pursuant to CR 26- CR 36 and 14 C.F.R. §13.220(b) and (e). This includes, but is not limited to: notices ofdeposition; subpoenas 

### duces tecum; propounding interrogatories; requests for production ofdocuments; the disclosure ofexpert testimony pursuantto CR 26(a)(2), etc. 3. Service oflnterrogatories. Pursuant to 14 C.F.R. §13.220(k)(l), a party shall not serve more than thirty (30) interrogatories to each other, and each subpart ofan interrogatory shall be counted as a separate interrogatory.
Page 1 of44. Objections to, and Motions Regarding, Interrogatories. Pursuant to 14 C.P.R. 

### § 13.220(k), any objection(s) to interrogatories shall be filed within ten (10) days after receipt ofthe interrogatories. Pursuant to 14 C.P.R.§ l3.220(m) and Paragraph D herein, any motionsto compel for deficient interrogatory response(s) shall be filed within ten (10) days after receipt ofthe objection or deficient answer. 5. August 26,2013: Deadlinefor CompletingGeneral Discovery. Thelast date for both parties to finish responding and serving answers to all additional general discovery requests pursuantto CR 26- CR 36 and 14 C.F.R. §13.220(b) and (e). This includes, but is not limited to, the taking ofdepositions and serving responses to all Requests for Discovery. 6. September6, 2013: SupplementalDiscovery RequestDeadline. The last date for both partiesto complete exchange ofall supplemental discovery requests based onthe general discovery exchange, including but not limited to the notices ofsupplemental depositions, and other requests. 7. September30,2013: Deadlinefor Completing SupplementalDiscovery. Thelast day for both parties to finish taking supplemental depositions, andresponding to and serving answers to all supplemental discovery requests pursuantto CR26

- CR 36 and 14 C.F.R. §13.220(i).

. 8. October25,2013: Deadlines for FilingDispositive Motion(s). The last date for both parties to file any/all pre-hearing dispositive motions, including DefaultMotions and/or Summary JudgmentMotions. a) November 15,2013: Deadline for filing Answer to Dispositive Motion(s); b) December6, 2013: Deadline for filing Reply (ifany). 9. January 8, 2014: 10:30**~.m.-11:30** a.m. EST. Telephone conference for oral argument on dispositive motions. N.B. Ifthe parties do not file dispositive motions, thenthis Telephone Conference will be automatically converted and held as a Pre-Hearing Status Conference. 10. February 7, 2014: List ofWitnesses/Exchange ofExhibits due date. The last date for eachparty to serve and 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 resmne ofeach witness who will be offered as an expert; and d) The docmnents the party intends to offer in evidence (pre-marked as noted in paragraph E, infra). 11. February 21, 2014: Written Stipulations and/orMotions 

### in Limine due date. The deadline for filing written Stipulations and/or Motions in Limine.

Page 2 of412. March 5, 2014-Marcb 6, 2014: Hearing dates. Based on the parties' agreement, the Hearing will take two (2) days orless. The Hearing will begin on Wednesday, March 5, 2014 (9:00 a.m.-5:00p.m. EST) in Tampa, FL and end on Thursday, March 6, 2014 (9:00 a.m.-5:00 p.m. EST). The specific location ofthe Hearing will be provided to the parties priorto the Hearing.

B. Requests for modification ofthe litigation dates set forth inparagraph A may be made by written Motion. Before filing such a Motion, however, the party seeking the modification shall contact the opposing party and seek to arrive at mutually convenient alternative date(s). A report on the result ofthis discussion shall be includedbythe movant in the Motion. C. Discovery requests or documents complying with discovery requests need notbe filed in this case with the Office ofHearings, except as part ofa motion regarding disputed discovery, or as part ofa motionto compel discovery. D. AnyMotions regarding discovery, including a Motionto Compel Discovery, must be filed within ten (10) calendar days after service ofa deficient response orafter the response to the discovery is due, whichever occurs first. Motions to Compel and other discovery motions must be accompanied by the relevant discovery requests and responses, and a declaration by the moving party, pursuantto Civ. R. 37(a)(l), that the movant has conferred or attempted to confer in good faith withthe party alleged to have failed to make discovery or disclosure. The Civ. R. 37(a)(l) declaration shall specifically indicate the efforts made bythe movant to resolve the dispute and identify which discovery matters remain in dispute. Statements in oppositionto discovery motions must be filed within ten (10) calendar days after service of the motion. The failure to timely file objections to discovery may result in the objections being · deemed waived. Belated service ofburdensome discovery requests may also be grounds for denial ofa motionto compel compliance with suchrequests. E. Each partymust bring to the hearing at least three copies ofany documents it intends to offer in evidence as exhibits (one for the Judge and two for the official reporter). The exhibits must have an index cover sheet, and.should be pre-marked. Complainant's exhibits should be marked "C-1," "C-2," "C-3," etc. Respondent's exhibits should be marked "R-1," R2," "R-3," etc. F; Atthe hearing, there will be the opportunity for direct examination, crossexamination, redirect examination and re-cross-examination ofeach witness. Only one representative ofa party may cross-examine a witness onbehalfofthatparty. Pursuantto 14 C.F.R. §13.205 and 14 C.F.R. §13.222, the Federal Rules ofEvidence will be utilized as a guideline in determining the admission ofall evidence. G. Priorto the hearing date(s), ifaparty wishes to schedule oral argument on any motion,or set up any type oftelephone conference on the Judge's calendar, the party shall first Page 3 of4confer with opposing counsel about mutually agreeable alternate dates, and then contact Mr. Cody L. Smith, Attorney-Advisor, at the Office ofHearings (202-366-6941) as soon as possible, with at least three (3) mutually-agreed, proposed alternate dates/times for the Judge's consideration. The movant shall be responsible for contacting the Office ofHearings. H. Stipulated Venue: The parties agreed that the venue location for the hearing is Tampa, Florida. I. Attorney Withdrawal: Pursuantto 14 C.F.R. §13.218 and the ABA Model Rules ofProfessional Conduct (Rule 1.16), an attorney who wishes to withdraw from representing a respondent mustfile a Motion to Withdraw. Inthis Motion, the attorney shall confirmthe following: 1. The date the Respondent was served withwritten notice ofthe attorney's intentto withdraw; 2. The nan1e ofthe designated agent/lay representative ifthe Respondent in the action: is a business entity; 3. The currentbusiness address, telephone number, and fax number ofthe Respondent and ofits designated agent; 4. A statementthat the Respondent has beennotified inwriting ofthe pending hearing dates inthis litigation, as well as the pending pre-hearing discovery deadlines and

. telephone conferences; and 5. A statementthatthe Respondenthas beenprovided a copy ofall Orders issued inthis litigation, as well as any other legal documents to which the Respondent is entitled.

J. Forclarifications ofthis order or questions with regardto the procedures to be followed inthis case, please contact Mr. Cody L. Smith, Attorney-Advisor, atthe Office of Hearings (202-366-6941).

Attachment: Service List

Page 4 of4SERVICE LIST ORIGINAL & ONE COPY Federal AviationAdministration 800 Independence Avenue, S.W. Washington, DC 20591 Attention: Hearing Docket Clerk, AGC-430 Wilbur Wright Building-Suite2Wl000 1

Mr. William P. Vines, Esq. Complainant's Counsel Attorney, Office ofthe Regional Counsel Southern Region Federal Aviation Administration P.O. Box 20636 Atlanta, GA 30320 TEL: 404-305-5200 FAX: 404-305-5223 Mr. Michael A. Honeycutt, President Respondent Worldwide Aircraft Services, Inc., c/o JET I.C.U. 2561 Rescue Way Brooksville, FL 34604 TEL: 325-796-2540 FAX: 325-796-2549
Judge J.E. Sullivan US. Administrative LawJudge Office ofHearings,M-20 U.S. Department ofTransportation ONE COPY

1200 NewJersey Avenue, S.E. (Ell-310) Washington, DC 20590 TEL: 202-366-2132 FAX: 202-366-7536 FDMS No. FAA-2013-0045 (Civil Penalty Action)

1 Service was by U.S. Mail. For service in person orby expedited courier, use the following address: Federal Aviation Administration, 600 IndependenceAvenue, S.W., Wilbur Wright Building-Suite2WIOOO, Washington, DC 20591, Attention: Hearing Docket Clerk, AGC-430.