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In The Matter Of: 

HELOAIR, INC. 

Respondent 

SERVED SEPTEMBER 24, 2012 

U.S. DEPARTMENTOF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, DC 

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Docket No. FAA-2012-0472 

Case No. 2011 EA 210018 

ORDER 

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SETTING LITIGATION DATES AND PROCEDURES 

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On August 14,2012 an Order Granting FAA's Motion for Con,tinuance of Rule 

16 Conference was filed. This Order continued the Rule 16 Litigation Scheduling · 

. Conference to Wednesday, September 19, 2012 at 11 ;OOam EST. 

On August 21, 2012 the FAA filed the Agency's Motion for 10-Day Extension of 

Time to File Answer to Motion to Dismiss. That same day, on August 21, 2012, the 

Respondent filed Respondent's Response to Agency's Motion for 10-Day Extension of 

Time to File Answer to Motion to Dismiss. 

On August 27, 2012, an Order Granting the Agency's Motion for 10-Day 

Extension to File Answer to Motion to Dismiss was filed. 

On September 6, 2012 the FAA filed the Agency's Answer to Motion to Dismiss. 

The FAA also filed an Amended Complaint. 

On September 7, 2012 the FAA and the Respondent filed a Joint Proposed 

Discovery Plan. 

On September 11, 2012 the FAA and the Respondent filed a proposed Agreed 

Order, in which the parties agreed that a nuncpro tunc order may issue which provided 

the Respondent with an extension of time to file a Response to the FAA's Complaint, and 

to also file a Motion to Dismiss. 

On September 20, 2012, the parties appeared by telephone for a Rule 16 

Litigation Scheduling ConfereQ.ce, and discussed their calendar availability, hearing 

dates, and other litigation procedural matters. Pursuant to 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. September 27,2012 at 3:00pm EST: Telephone Conference for Oral Argument 

on the Respondent's Motion to Dismiss, filed on August 13,2012 

2. September 28,2012: Initial Discovery exchange deadline. The last date for 

the parties to serve each other with initial discovery requests. 

3. October 4, 2012: Deadline for Respondent to file its Response to Amended 

Complaint, and a Second Motion to Dismiss. 

4. OctQber l2, 2012: Deadline to serve Responses to Initial Discovery requests. 

The due date for the parties to respond to initial discovery requests. 

5. November 1, 2012: General Discovery Exchange Deadline. The last date for 

both parties to exchange or serve all additional general discovery requests 

pursuant to CR 26- CR 36 and 14 C.P.R. §13.220(b) and (e), This includes, but is 

not limited to: notices of deposition; subpoenas duces tecum; propounding 

interrogatories; requests for production of documents; the disclosure of expert 

testimony pursuant to CR 26(a)(2), etc. 

6. Pursuant to 14 C.P.R. §13.220(k)(l), a party shall not serve more than thirty (30) 

interrogatories to each other, and each subpart of an interrogatory shall be counted 

as a separate interrogatory. 

7. January 4, 2013: Deadline for Responses to General Discovery Requests. The 

last date for both parties to finish responding and serving answers to all additional 

general discovery requests pursuant to CR 26..:.. CR 36 and 14 C.P.R. §13.220(b) · 

and (e). This includes, but is not limited to, the taking of depositions and serving 

responses to all Requests for Discovery. 

8. January 15, 2013: The last date for the parties to exchange expert witness 

summaries and expert resumes and reports. based on the general discovery 

exchange. 

9. January 25,2013: Supplemental Discovery Request Deadline. The last date·for 

both parties to complete exchange of all supplemental discovery requests based 

on the general discovery exchange, including but not limited to the notices of 

supplemental depositions, and other requests. 

10. February 8, 2013: Deadline for both parties to finish taking supplemental 

depositions, and responding to and serving answers to all supplemental discovery 

requests pursuant to CR 26- CR 36 and 14 C.P.R. §13.220(i). 

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11. February 15, 2013: Deadlines for Filing Dispositive Motion(s). The last date 

for both parties to file any/all pre-hearing dispositive motions, including l)efault 

Motions and/or Summary Judgment Motions. 

a) March 8, 2013: Deadline for filing Answer to Dispositive Motion(s); 

b) March 15,2013: Deadline for filing Reply (if any). 

12. March 28, 20i3 at 10:00 -ll:OOam EST: Telephone Conference for Oral 

Argument on Dispositive Motions. NB: If the parties do not file dispositive 

motions, then this Telephone Conference will be automatically converted and 

held as a Pre-Hearing Status Conference. 

13. April 10,2013: List of Witnesses Exchange of Exhibits due date. The last date 

for each party to serve and 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 of each witness who will be offered as an expert; and 

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

paragraph E, infra). 

14. April 10, 2013: The last date to file pre-hearing briefs (if any). 

15. April17, 2013- April 18,2013: Hearing dates. The parties agree that the 

Hearing will take 2 days or less. The Hearing will begin on April 17, 2013 

(9:00am~5:00pm) and end on April18, 2013 (9:30am-5:00pm) in Richnlond, VA. 

The specific location of the Hearing will be provided to the parties prior to the . 

Hearing. · · 

B. Requests for modification of the litigation dates set forth in paragraph 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 of this discussion shall be included 

by the movant in the Motion. 

C. Discovery requests or documents complying with discovery requests need 

not be filed in this case with the Office of Hearings, except as part of a motion regarding 

disputed discovery, or as part of a motion to compel discovery. 

D. Any Motions regarding discovery, including a Motion to Compel 

Discovery, must be. filed within ten (10) calendar days after service of a deficient 

response or after the response to the discovery is due, whichever occurs first. Motions to 

Compel and other discovery motions must be accompanied by the discovery requests and 

responses, and a declaration by the moving party, pursuant to Civ. R. · 37(a)(l), that the 

movant has conferred or attempted to confer in good faith with the party alleged to have 

failed to make discovery. or disclosure. 

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The Civ. R. 37(a)(l) declaration shall specifically indicate the efforts made .bY the 

movant to resolve the dispute and identify which discovery matters remain in disput~. 

Statements in opposition to 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 of burdensome discovery 

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

requests. 

E. Each party must bring to the hearing at least three copies of any 

documents it intends to offer in evidence as exhibits (one for the Judge and two for the 

official reporter). The exhibits 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," R-2," 

"R-3," etc. 

F. At the hearing, there will be the opportunity for direct examimi.tion, crossexamination, redirect examination and re-cross-examination of each witness. Only one 

representative of a party may cross-examine a witness on behalf of that party. Pursuant to 

14 C.P.R. §13.205 and 14 C.P.R. §13.222, the Federal Rules of Evidence will be utilized 

as a guideline in determining the admission of all evidence. 

G. Prior to the hearing dates, if a party wishes to schedule oral argument on 

any motion, or set up ap.y type of telephone conference on the Judge's calendar, 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 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 of Hearings. 

H. Other -Agreement that Good Cause Supported Nunc Pro Tunc 

Stipulation to Extend Time for Respondent to Respond to FAA Complaint: The 

parties stipulated .that there was a good cause to allow the Respondent additional time to 

file an Answer and Response to the FAA's May 17, 2012 Complaint, and to file a Motion 

to Dismiss. The Respondent, now represented by counsel, promptly filed the 

Respondent's Answer to the Complaint, and the Motion to Dismiss, on August 13, 2012. 

The parties' Nunc Pro Tunc Agreement that .the Respondent's time to respond to the May 

17, 2012 Complaint should be extended to August 17, 2012 is adopted and confirmed. 

I. For clarifications of this order or questions with regard to the procedures 

to be followed in this case, please contact Attorney Cody L. Smith at (202) 366-6941 at 

the Office of Hearings. 

Attachment: Service List 

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FDMS NO. F AA-2012'-0472 

(Civil Penalty Action) 

SERVICE LIST- BY U.S. MAIL and FAX 

ORIGINAL & ONE COPY 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Washington, DC 20591 

Attention: Hearing Docket Clerk, AGC-430, 

Wilbur Wright Building-Suite 2W1 0001 

John G. Butler, III, Respondent's Counsel 

SANDS ANDERSON PC 

Bank of America Center 

1111 East Main Street, Suite 2400 

. Richmond VA 23219 

TEL: 804-648-1636 

FAX: 804-783-7291 

Whit Baldwin, President 

Heloair, Inc., Respondent 

5721 Gulfstream Road 

Richmond, VA 23250 

ONE COPY 

Zachery M. Berman, Complainant's Counsel 

Office of the Regional Counsel, AEA-7 

Eastern Region 

Federal Aviation Administration 

1 Aviation Plaza 

Jamaica, NY 11434 

TEL: 718-553-3258 

FAX: 718-995-5699 

The Honorable J.E. Sullivan, Administrative Law Judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

1200 NewJersey Avenue, S.E. (E11-310) 

Washington, DC 20590 

TEL: 202-366-2132 

FAX: 202-366-7536 

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For service in person or by expedited courier, use the following address: Federal Aviation Administration, 

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