.v

IN THE MATTER OF, UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS

WASHINGTON, D.C.

LEADING EDGE'AVIATION, INC., ) ) ) ) ) ) No. FAA Case No. 2011 NM 070089 OMS No.: FAA-2012-0783 Respondent. Honorable Richard C. Goodwin

RESPONDENT'S MOTION TO SET EXPERT DISCLOSURE DEADLINE NOW COMES Respondent Leading Edge Aviation, Inc. ("Leading Edge"), by and through its counsel, and for its captioned motion states as follows: 1. Discovery in this matter is currently set to close on February28, 2013. 2. No deadline has been set to disclose experts nor has ahearing date been set. 3. Leading Edge may retain an expert in this case. However, written discovery and key depositions must first be completed to evaluate that issue. Leading Edge will be unduly prejudiced ifit does not have adequate time to conduct fact discovery and potentially retain and disclose an expert. Further, ifthe FAA discloses an expert, Leading Edge needs sufficient time to depose such expertprior to the hearing. WHEREFORE, Leading Edge requests that the administrative law judge enter the following order (aproposed orderis attached hereto): 1. The February 28, 2013 discovery deadline is modified as follows: all parties shall disclose any expert witnesses by February 21, 2013, with expert depositions to be conducted within 30 days thereafter. LEADING EDGE AVIATION, INC.

1919982\1\22816\49252Fred C. Begy Cani A. Conlon CHUHAK & TECSON, P.C. 30 S. Wacker Drive, Suite 2600 Chicago, IL 60606 (312) 444-9300 - !. •. • •**~ ·~·** ...

By:

# e-~~ One ofIts Attorneys

CERTIFICATE OFSERVICE Theundersigned, being first duly swornon oath, certifies that a true and correct copy ofthis Respondent's Motion to Set Expert Disclosure Deadline was served upon the persons below as indicated byeither facsimile, Federal Express, or depositing same, properpostageprepaid, in the U.S. mailbox located at 30 SouthWackerDrive, Chicago, Illinois 60606 by 5:00p.m. onthis 16th dayofNovember, 2012, as reflected below. Federal Aviation Administration 800 Independence Avenue SWWashington, D.C. 20591 Attn: Hearing Docket Clerk, AGC-430 Wilbur Wright Building- Suite 2W1000 (Original and copy) (Via Federal Express) The Honorable Richard C. Goodwin Office ofHearings, M-20 1200NewJerseyAvenue, S.E. (E-11-310) Washington, D.C. 20590 Fax: 202-366-7536 (Sent via Federal Express and Facsimile) Jeffrey M. Harper, FAA Attorney FAA Office ofRegional Counsel Federal Aviation Administration NorthwestMountain Region, ANM-7 1601 Lind Ave. SW Renton, W A 98057 Fax: 425-227-1007 (Sent via Facsimile and U.S. Mail)

# ~~ Counsel for Respondent

19I9982\I\228I6\49252 -2-UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS

WASHINGTON, D.C. IN THE MATTER OF, ) ) ) ) ) ) LEADING EDGE AVIATION, INC., Respondent.

ORDER No. FAA Case No. 2011 NM070089 DMS No.: FAA-2012-0783 Honorable Richard C. Goodwin

NOW COMES Administrative LawJudge Court Goodwin on Respondent's Motion to SetExpert Disclosure Deadline and orders: The February 28, 2013 discovery deadline is modified as follows: all parties shall disclose any expert witnesses by February 21, 2013, with expert depositions to be conducted within 30 days thereafter.

1920848\1\22816\49252 DATED:

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Richard C. Goodwin Administrative LawJudge