In The Matter Of: LIBERTY 

## SERVED SEPTEMBER 24, 2012

.. U.S. 

### DEPARTMENTOF TRANSPORTATION OFFICE OF HEARINGS WASHINGTON, DC 

### 7117 l, ij L ) ) DocketNo. FAA-2012-0477

.FOUNDATION, INC. ') ) ) ) Case No. 2011 GL-03.:0070 Respondent

. 

### ORDER SETTING LITIGATION DATES AND PROCEDURES· ')C 

### A '('· 03**,~.** ,J if ' hJ· ' -,

On July 9, 2012 an Order Setting Rule 16 Litigation Scheduling Conference and Directing Rule 26(f) Planning and Submission was filed. OnJuly 13, 2012 the Respondent, Liberty Foundation, Inc.,filed Respondent's Suggestion ofHearing Location. OnJuly 17, 2012, the FAA filed the Administrator's Response to Respondent's Suggestion ofHearing Location. OnJuly 24, 2012 the Respondent filed its Answer and Affirmative Defenses to the Complaint served onJune 21, 2012. On July 25,2012 the Respondent filed Respondent's Reply 

### to the Administrator's Response to Respondent's Suggestion ofHearing Location. OnAugust 28,2012 the Respondent filed its Response toFAA's Request to Admit Genuineness ofCertain Documents [NB: The PAA chose notto file the initial Request with the Office ofHearings]. On September4, 2012 the parties filed theirJoint Proposed Scheduling/Discovery Plan. On September 20, 2012, the parties appeared by telephonefor a Rule 16 Litigation Scheduling Conference, and discussed their calendar availability, hearing dates, and other litigationprocedural matters. Pursuant to 14 C.P.R. §13.205(a)(l), (6) and (7), Civ. R. 16, 14C.F.R. §13.217, and 14 C.P.R. 

### §13.220, and after reviewing all relevant caselaw, decisions, regulation, statutory authority, and being fully advised;



### Page 1

### of4IT IS HEREBY ORDERED: A. The litigation dates and hearing dates are hereby set as follows: 1. September21, 2012: InitialDiscovery exchange deadline. The last date for the parties to serve each otherwith initial discovery requests. 2. September28,2012: Deadline for Responses to Initial Discovery requests. The due date for the parties to respond to initial discovery requests. 3. October 12,2012: General Discovery Exchange Deadline. The last date for bothparties to exchange or serve 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: notices ofdeposition; subpoenas duces tecum; propounding interrogatories; requests for·production ofdocuments; the disclosure ofexpert testimonypursuant to CR26(a)(2), etc. 4. Pursuantto 14 C.P.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

.. 5. October24,2012: Deadline for eachpartyto file supplemental materials onthe disputed venue issue. 6. November2, 2012: ll:OOam -11:45am EST. Telephone Conference for Oral Argument on venue dispute. 7. December 14,2012: Deadline for Responses to General Discovery Requests. The last date for bothparties to finish responding and serving answers to all additional general discovery requests pursuant to CR26- 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 4, 2013: Supplemental Discovery RequestDeadline. The lastdate 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. 9. January 31, 2013: Deadline for bothparties 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.F.R. §13.220(i). 10. Febr.uary 22, 2013:· Deadlines for FilingDispositive Motion(s). The last date for bothparties to file any/all pre-hearing dispositive motions, including Default Motions and/or Summary Judgment Motions. a) March 8, 2013: Deadline for filing Answer to Dispositive Motion(s); Page 2 of4b) 

### March 20,2013: Deadline for filing Reply(ifany).

11. 

### March 27,2013: 11:00am-12:00pm EST. Telephone Conference for Oral Argument onDispositive Motions. NB: Ifthe parties do not file dispositive motions, then this Telephone Conference will be automatically converted and held as a Pre-Hearing Status Conference. ·12. 

### April15, 2013: List ofWitnesses Exchange ofExhibits due date. The last date for eachpartyto 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). 13. 

### April30,2013: The last date to file pre-hearing briefs (ifany). 14. 

### May 14,2013- May 16, 2013: Hearing dates. Theparties agree thatthe Hearing will take 3 days or less. The Hearing 

### will begin on

### Tuesday, May 14,2013 (9:00am-5:00pm) and end on

### Thursday, May 16, 2013(9:00am-5:00 pm) in a venue to be determined. The specific location ofthe Hearing will be providedto the parties priorto the Hearing.

B. Requests for modification ofthe litigation dates set forth inparagraph A maybemade by' written 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 by the movant in the Motion. C. Discovery requests or documents complying with discovery requests need not be filed inthis case with the Office ofHearings, except as part ofa motionregarding disputed discovery, or as part ofa motion to compel discovery. D. Any Motions regarding discovery, including a Motionto Compel Discovery, must be filed within ten 

### (10) calendar days after service ofa deficient response or after the response to the discovery is due, whichever occurs first. Motions to Compel and otherdiscovery motions must be accompanied by the discovery requests and responses, and a declaration by the moving party, pursuant to Civ. R. 37(a)(l), thatthe niovant has conferred or attempted to confer in good faith with the party alleged to have failedto makediscovery ordisclosure. 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 indispute. Statements in oppositionto discovery motions must be filed within ten 

### (10) calendar Page 3 of4days after service ofthe 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 grotinds for denial ofa motion to compel compliance with such requests. E.**Ea~h** party must 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 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 examination, crossexamination, redirect examination and re-cross-examination ofeach witness. Onlyone representative ofa party may cross-examine a witness on behalfofthat party. Pursuant to 14 C.P.R. §13.205 and 14 C.F.R. §13.222, the Federal Ru1es ofEvidence will be utilized as a guideline in determining the admission ofall evidence. G. Priorto the hearing dates, ifa party wishes to schedule oral argument on any motion, or set up any type oftelephone 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 atthe Office ofHearings (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 ofHearings. H. For clarifications ofthis 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 ofHearings.

Attachment: Service List ivan**~IRH.111Strative.Law** Judge

Page 4 of4 I'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-Suite2W10001 ONE COPY StuartA. Goldstein, Respondent's Counsel StuartA. Goldstein, P.A. 9350 South Dixie Highway, lOth Floor Miami, FL 33156 TEL: 305-670-1222 FAJ(: 305-670-7065 Adrianne Wojcik, Complainant's Counsel Office ofthe Regional Counsel Great Lakes Region,**AGL~**7 · Federal Aviation Administration 2300 East Devon Avenue Des Plaines, IL 60018-4696 TEL: 847-294-7109 FAX:. 847-294;.7498 The Honorable J.E. Sullivan,Administrative LawJudge Office ofHearings, M-20 U.S. Department ofTransportation 1200 NewJersey Avenue, S.E. (Ell-310) Washington, DC 20590 TEL: 202-366-2132 FAX: 202-366-7536 FDMS No. FAA-2012-0477 (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 Independence A>1enue, S.W., Wilbur Wright Building-Suite 2WIOOO, Washington, DC 20591; Attention: Hearing Docket Clerk, AGC-430. ·