SERVED JANUARY 26, 2012 

U.S. DEPARTMENTOF TRANSPORTATION . •"^^MM^H'lbB 

OFFICE OF HEARINGS ' 02K^fo?i[]^Jm^ 

WASHINGTON, DC i^^ A.. 

231? JAN 2b P 3M 2 

In The Matter Of: ) 

) DOCKET NO. FAA-201 M008 

ISLAND BIRDS, INC., ) 

) CascNo. 2010SO190309 

Respondent ) 

ORDER SETTING 

LITIGATION DATES AND PROCEDURES 

On Wednesday, January 25, 2012, the parties appeared by telephone for a 

Litigation Scheduling Conference. During that time, they discussed litigation issues and 

their calendar availability, and agreed to the following litigation deadlines, venue, and 

hearing dates. 

A. The litigation dates and hearing dates are hereby set as follows: 

1. January 31, 2012: Deadline for initial discovery disclosures as required by CR 

26(a)(1). This includes the exchange of the name(s) and address(es) of all 

potential expert witnesses. 

2. February 10, 2012: Deadline for both parties to exchange or serve all additional 

discovery requests pursuant to CR 26 - CR 36. 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. 

3. March 9, 2012: Deadline for both parties to exchange or serve their responses to 

additional discovery requests. 

4. March 23, 2012: Deadline for both parties to exchange or serve any supplemental 

discovery requests. 

5. April 13, 2012: Deadline for both parties to exchange or serve their responses to 

supplemental discovery request 

6. April 20, 2012: Deadline for both parties to file any Dispositive Motion(s); 

a) May 8, 2012: Deadline for tiling Answer to any Dispositive Motion(s); 

b) May 15, 2012: Deadline for filing Reply (if any): 

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c) May 24 2012: l:30-2:30pni EST Telephone Conference for Oral Argument 

on Dispositive Motion(s). 

7. June 5, 2012: Deadline for filing written Stipulations, which include stipulations 

about all undisputed facts and law. 

8. June 12, 2012: Evidentiary Exchange due date. Deadline for each party to serve 

and file the following: 

a) A list of the names and addresses of eacli witness the party intends to call; 

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

c) The documents the party intends to offer in evidence (pre-markcd as noted 

infra at paragraph F); and 

d) The resume of each witness who will he offered as an expert. 

9. June 12, 2012: Deadline for filing Prc-Mearing Briefs. 

10. June 20, 2012 -Jun e 21, 2012: Hearing dates. 

The Hearing will begin on June 20, 2012 (9:00am-4:30 pm) in the St. 

Thomas, Virgin Island metropolitan area. The location of the Hearing will he 

provided to the parties prior to the Hearing. The Hearing will finish on or before 

June 21, 2012 (9:00am-4:30pm). 

B. Requests for modification of the litigation dates set forth in Paragraph A .supra 

may be made by written Motion. Before filing such a Motion, however, the party seeking 

the modification shall contact the opposing party and discuss the proposal, and try to 

reach an agreement on the matter, so long as it does not extend the time for hearing. A 

report on the result of this discussion must be included in any written 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 to Compel 

Discovery. Any objections to discovery requests must be made to the requesting party 

within 14 calendar days afl:er receipt of the disputed discovery request. .... . 

D. Pursuant to CR 37(a), any party filing a Motion to Compel Discovery must 

provide in this Motion to Compel a certification that the movant has conferred or 

attempted in good faith to confer with the non-disclosing party, to try and resolve the 

matter without court action. 

E. Pursuant to CR 37, the Motion to Compel should be made as soon as practicable 

after the asserted non-compliance with discovery, but no later than 15 calendar days after 

the dispute arises. Prior to filing the Motion, the movant shall also contact the 

undersigned Judge with three jointly proposed dates/times for a telephone motion 

conference, to assist in setting oral argument on the Motion. Pursuant to 14 C.F.R. 

§13.217-220 and CR 37, the movant shall specify the relief requested in the Motion to 

Compel. 

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F. 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-l," '^C-2,"' "C-3," etc. Respondent's exhibits should be marked "R-1,"' R-2," "R-3,^' 

etc. 

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

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

will be allowed to present its cases or defense pursuant to 14 C.F.R. §13.204 and 231; 14 

C.F.R. § 13.222-225, and the Federal Rules of Evidence. 

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

followed in this proceeding, please contact the Office of Hearings and ask for Attorney 

Priya Krishna at (202) 366-6941 or Legal Assistant C. Diane Mays at (202) 366-2132. 

ullivan 

listrative Law Judge 

Attachment: Service List 

Page 3 of 3 
FDMSNO. FAA-2011-1008 

(Civil Penalty Action) 

SERVICE LIST 

ORIGINAL & ONE COPY 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Washington, DC 20591 

Attention: Hearing Docket Clerk, AGC^3 0 

Wilbur Wright Building—Suite 2W1000' 

ONE COPY 

Kathleen A. Yodice, Respondent's Counsel 

411 Aviation Way 

Suite 245 

Frederick, MD 21701 

TEL: 301-695-2300 

FAX: 301-695-2151 

Jay S. Lanimering, Director of Maintenance 

Island Bird Inc., Re.spondenf 

8109 Lindbergh Drive 

North Ramp 

Cyril E. King Airport 

St. Thomas, VI 00802 

Ryan M. Landers, Complainant's Counsel 

Office of the Regional Counsel, ASO-7 

Southern Region 

P.O. Box 20636 

Atlanta, GA 30320 

TEL: 404-305-5200 

FAX: 404-305-5223 

The Honorable J.E. Sullivan, Administrative Law Judge 

U.S. Department of Transportation 

Office of Flearings, M-20 

1200 New Jersey Avenue. S.E. 

Washington, DC 20590 

TEL: 202-366-2132 

FAX: 202-366-7536 

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 2W1000, Washington. 

DC 20591; Aoemion: Hearing Docket Clerk. AGC^30.