In The Matter Of: 

LIBERTY 

SERVED SEPTEMBER 24, 2012 

.. U.S. DEPARTMENTOF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, DC 7117 l, ij L 

) 

) Docket No. FAA-2012-0477 

. FOUNDATION, INC. 

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) 

) 

) 

Case No. 2011 GL-03.:0070 

Respondent . 

ORDER 

SETTING LITIGATION DATES AND PROCEDURES· 

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On July 9, 2012 an Order Setting Rule 16 Litigation Scheduling Conference and 

Directing Rule 26(f) Planning and Submission was filed. 

On July 13, 2012 the Respondent, Liberty Foundation, Inc.,filed Respondent's 

Suggestion of Hearing Location. 

On July 17, 2012, the FAA filed the Administrator's Response to Respondent's 

Suggestion of Hearing Location. 

On July 24, 2012 the Respondent filed its Answer and Affirmative Defenses to 

the Complaint served on June 21, 2012. 

On July 25,2012 the Respondent filed Respondent's Reply to the Administrator's 

Response to Respondent's Suggestion of Hearing Location. 

On August 28,2012 the Respondent filed its Response to FAA's Request to 

Admit Genuineness of Certain Documents [NB: The P AA chose not to file the initial 

Request with the Office of Hearings]. 

On September 4, 2012 the parties filed their Joint Proposed Scheduling/Discovery 

Plan. 

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

Litigation Scheduling Conference, and discussed their calendar availability, hearing 

dates, and other litigation procedural matters. Pursuant to 14 C.P.R. §13.205(a)(l), (6) 

and (7), Civ. R. 16, 14 C.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; 

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IT IS HEREBY ORDERED: 

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

1. September 21, 2012: Initial Discovery exchange deadline. The last date for 

the parties to serve each other with initial discovery requests. 

2. September 28,2012: 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 

both parties to exchange or serve all additional general discovery requests 

pursuant to CR 26 - CR 36 and 14 C.F .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. 

4. 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 .. 

5. October 24,2012: Deadline for each party to file supplemental materials on the 

disputed venue issue. 

6. November 2, 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 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 4, 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. 

9. January 31, 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.F.R. §13.220(i). 

10. Febr.uary 22, 2013:· Deadlines for Filing Dispositive Motion(s). The last date 

for both parties 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); 

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

11. March 27,2013: 11:00am-12:00pm 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. 

·12. April15, 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). 

13. April30, 2013: The last date to file pre-hearing briefs (if any). 

14. May 14,2013- May 16, 2013: Hearing dates. The parties agree that the 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 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 

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

failed to make discovery or disclosure. 

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 dispute. 

Statements in opposition to discovery motions must be filed within ten (10) calendar 

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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 grotinds for denial of a motion to compel compliance with such 

requests. 

E. Ea~h 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 examination, 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.F.R. §13.222, the Federal Ru1es 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 any 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. 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 

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-Suite 2W10001 

ONE COPY 

Stuart A. Goldstein, Respondent's Counsel 

Stuart A. 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 of the 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 Law Judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

1200 New Jersey 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 or by 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. ·