i

In The Matter Of: HELOAIR, INC. Respondent 

## SERVED SEPTEMBER 24, 2012

U.S. DEPARTMENTOF TRANSPORTATION OFFICE OF HEARINGS WASHINGTON, DC ) ) ) ) ) Docket No. FAA-2012-0472 CaseNo. 2011 EA 210018

ORDER 

### l

SETTING LITIGATION DATES AND PROCEDURES ' c A 

## '·O· 03 "''" ••,1 t··'\ i' • '1,

OnAugust 14,2012 an Order Granting FAA's Motion for Con,tinuance ofRule 16 Conference was filed. This Order continued the Rule 16 Litigation Scheduling ·

. Conference to Wednesday, September 19, 2012 at 11 ;OOam EST. OnAugust 21, 2012 the FAA filed the Agency's Motion for 10-Day Extension of Timeto File Answerto Motionto Dismiss. That same day, onAugust 21, 2012, the Respondent filed Respondent's Response to Agency's Motion for 10-DayExtension of Time to File Answerto Motion to Dismiss. On August 27, 2012, an Order Granting the Agency's Motion for 10-Day Extensionto File Answerto Motionto Dismiss was filed. On September 6, 2012 the FAA filed theAgency's Answerto Motion to Dismiss. The FAA also filed an Amended Complaint. On September7, 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 whichthe parties agreed that a 

### nuncpro tunc ordermay issue which provided the Respondent with an extension oftime 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 litigationprocedural 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. September27,2012 at3:00pm EST: Telephone Conference for Oral Argument onthe Respondent's Motionto Dismiss, filed onAugust 13,2012 2. 

### September28,2012: Initial Discovery exchange deadline. The last date for the parties to serve each otherwith initial discovery requests. 3. 

### October4, 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, butis not limited to: notices ofdeposition; subpoenas duces tecum; propounding interrogatories; requests for production ofdocuments; the disclosure ofexpert testimony pursuantto CR26(a)(2), etc. 6. Pursuantto 14 C.P.R. §13.220(k)(l), a party shall not serve more thanthirty (30) interrogatories to each other, and each subpart ofan interrogatory shall be counted as a separate interrogatory. 

### 7. January4, 2013: Deadline forResponses 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 ofdepositions 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 RequestDeadline. The last date·for both parties to complete exchange ofall supplemental discovery requests based on the general discovery exchange, including but not limited to the notices of supplemental depositions, and otherrequests. 10. 

### February 8, 2013: Deadline for both parties to finish taking supplemental depositions, and responding to and serving answers to all supplemental discovery requests pursuantto CR 26- CR 36 and 14 C.P.R. §13.220(i).

2i



### 11. February 15, 2013: Deadlines for Filing Dispositive Motion(s). The last date for bothparties to file any/all pre-hearing dispositive motions, includingl)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 (ifany). 12. 

### March 28, 20i3 at 10:00 -ll:OOam EST: Telephone Conference for Oral Argument on Dispositive Motions. NB: Ifthe parties do not file dispositive motions, thenthis Telephone Conference will be automatically converted and held as a Pre-Hearing StatusConference. 

### 13. April 10,2013: 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 resume ofeach 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 (ifany). 15. 

### April17, 2013- April 18,2013: Hearing dates. Theparties agree that the Hearing will take 2 days orless. The Hearing will begin on April 17, 2013**(9:00am~5:00pm)** and end onApril18, 2013 (9:30am-5:00pm) in Richnlond, VA. The specific location ofthe Hearing 

### will be providedto the parties priorto the

. Hearing. · · 

### B. Requests for modification ofthe litigation dates set forth inparagraph A maybe made bywritten Motion. Before filing such a Motion, however, the party seeking the modification shall contactthe opposing party and seek to arrive at mutually convenient alternative date(s). A report on the result ofthis discussion shall be included bythe movantin the Motion. C. Discoveryrequests ordocuments complying with discovery requests need notbe filed inthis case with the Office ofHearings, except as part ofa motion regarding disputed discovery, or as part ofa motionto compel discovery. D. Any Motions regarding discovery, including a Motion to Compel Discovery, must be. filed within 

### ten (10) calendar days after service ofa deficient response or afterthe 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 declarationby the moving party, pursuantto 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.ordisclosure.

3The Civ. R. 37(a)(l) declaration shall specifically indicate the efforts made.bY the movantto resolve the dispute and identify whichdiscovery matters remain in**disput~.** Statements inoppositionto discovery motions must be filed within 

### ten (10) calendar days after service ofthe motion. The failure to timely file objections to discovery may result inthe objections being deemed waived. Belated service ofburdensome discovery requests may also be grounds for denial ofa motion to compel compliance with such requests. E. Each party must bring to the hearing at leastthree copies ofany 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 shouldbe 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-examinationofeach witness. Only one representative ofa party may cross-examine a witness on behalfofthatparty. Pursuant to 14 C.P.R. §13.205 and 14 C.P.R. §13.222, the Federal Rules ofEvidence will be utilized as a guideline in determining the admission ofall evidence. G. Prior to the hearing dates, ifa party wishes to schedule oral argument on any motion, or set up ap.y type oftelephone conference onthe 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 ofHearings (202-366-2132) as soon as possible, with atleastthree (3) mutually-agreed, proposed alternate dates/times for the Judge's consideration. The movant shall be responsible for contacting the Office ofHearings. 

### H. Other-Agreementthat Good Cause Supported

### NuncPro 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 additionaltime to file anAnswer and Response to the FAA'sMay 17, 2012 Complaint, and to file a Motion to Dismiss. The Respondent, now represented by counsel, promptly filed the Respondent's Answerto the Complaint, and the Motion to Dismiss, onAugust 13, 2012. Theparties' Nunc Pro Tunc Agreementthat.the Respondent's time to respond tothe May 17, 2012 Complaint should be extended to August 17, 2012 is adopted and confirmed. I. For clarifications ofthis order orquestions with regard to the procedures to be followed in this case, please contact Attorney Cody L. Smith at (202) 366-6941 at the Office ofHearings.

Attachment: Service List

4

### FDMS NO. FAA-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-Suite2W1000 1



### John G. Butler, III, 

### Respondent's Counsel SANDS ANDERSON PC Bank ofAmerica 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 ofthe Regional Counsel, AEA-7 Eastern Region Federal Aviation Administration 1Aviation Plaza Jamaica, NY 11434 TEL: 718-553-3258 FAX: 718-995-5699 The Honorable J.E. Sullivan,

### Administrative LawJudge Office ofHearings, M-20 U.S. Department ofTransportation 1200 NewJerseyAvenue, S.E. (E11-310) Washington, DC 20590 TEL: 202-366-2132 FAX: 202-366-7536

1For service in person orby expedited courier, use the following address: Federal Aviation Administration, 600 Independence Avenue, S.W., Wilbur Wright Building-Suite2WIOOO, Washington, DC 20591; Attention: Hearing Docket Clerk, AGC-430.