## SERVED JULY 9, 2012 U.S. DEPARTMENT OF TRANSPORTATION ,



## ·. In The Matter Of: EXECUTIVE HELICOPTERS, INC Respondent 

### OFFICE OF HEARINGS
· WASHINGTON, DC ) ) ) 

### ) ) ) DocketNo. PAA-2012-0476
Case No. 2009 SO 950054 

### ZGll

ORDERSETTING 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 bytelephone on 

### Friday, September 14, 2012 

### at 11

### :OOam Eastern timefor a Rule 16 Litigation Scheduling Conference. During this Conference the parties will discuss the issues in the dispute; theirjointly submitted proposed scheduling/discovery plan (see paragraph 

### 2lnfra) and respond to any questions regarding disagreements notresolved inthe proposed plan. During the Confer-

. '• ence a final scheduling/discovery plan will be ruled upon, as well as any otherrelated matters pursuant to Rule 16(c). The Office ofHearings will initiate the Conference by telephone call, contacting eachpartyat the party's telephone number ofrecord. A party may provide an alter- "· nate number bynotifying the Office ofHearings atleast24 hours priorto the et>nference.
2) Rule 26(f) Attorneys' Planning Meeting, and Submission ofProposed Discovery Plan: Pursuant to 14 C.P.R. §13.217 and Civ. R. 

### 26(f),priorto conveningwiththe Judge for the Rule 16 Litigation Scheduling Conference, the parties shall privately conduct a Rule 26(f) planningmeeting andprepare ajointlywritten proposed scheduling/discovery plan, which must be completed and filed with the undersigned Judge on orbefore 

### Thursday, September 6, 2012 (i.e., seven (7) calendar days before the Conference). In addition to filing the prop9sedscheduling/discovery plan by regular mail filing with the U.S. Department ofTransportation'sDocket
Page 1 of2Office, the parties shall file a working copy ofthe scheduling/discovery plan with the undersigned Judge at the Office ofHearings by fax, express carrier, orpersonal delivery. The certificate ofservice should reflect the mannerofservice. The parties' Rule 26(f) planning meeting shall include a good faith discussion about the nature and basis ofeach party's claims, the possibility ofresolving all or part ofthe case, the scope and type ofdiscovery (including electronic discovery) and the place ofvenue 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 ofdeveloping their proposed scheduling/discovery plan. The parties' planning meeting should also include discussionaboutthe sequence and timing offollow-up discovery, including whetherthat discovery should be conducted in phases to prepare for any fHihg ofparticular 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 ofexpense 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: Ifa 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 ofthe scheduled Conference, the party shall first confer with opposing counsel about mutually agreeable alternate dates, and then contact C. Diane Mays at the Office ofHearings (202-366-2132) as soon as pos- ·"' sible after receipt ofthis Order; with at least three (3) niutually-agreed, proposea'hlternate dates/times for theJudge's consideration.

Attachment: Service List

Page 2 of2

### 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 2W1 000 1
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,AdministrativeLawJudge Office ofHearings, M-20 U.S. Department ofTransportation 1200 NewJersey Avenue, S.R (El1-310) Washington, DC 20590 TEL: 202-366.;2132**F~:** 202-366-7536 FDMS No. FAA-2012-0476 (Civil PenaltyAction)

'• '•

1 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-Suite2WIOOO, Washington, DC 20591; Attention: Hearing Docket Clerk, AGC-430.
2