In The Matter Of: • 

## SERVED: June 13, 2016
U.S. DEPARTMENT OFTRANSPORTATION OFFICE OF HEARINGS WASHINGTON, DC

PREMIERNAIL SOURCE, INC. ) ) ) ) ) Docket No. FAA-2016-4266 Case No. 2015S0700062 Respondent

ORJi>ER SETTING LITIGATION DATES AND PROCEDURES

On April 1

### Q, 2016, an Order Setting a Rule 16 Litigation Scheduling Conference, and Directing the Parties to Conferand File a Rule 26(f) Proposed Discovery Plan was filed. On April 2l5, 2016, the FAA filed a Motion to Deem Admitted and Motion for Decision ("Motion"). On May 9, 2016, the Respondent filed a one (1) page, untitled response Letterto the FAA's Motion, and a one (1) page Answer. On June 1, 2016 the parties filed aJoint Proposed Schedule ("Joint Schedule"). On Thursdpy, June 9, 2016, the FAA and the Respondent convened by telephone for a Rule 16 Litigation Scheduling Conference. During this Conference, the rule for filing a timely
answer to the Complaint, and the requirement ofa good cause shoWing for any untimely answer, were discussed. Theparties presentedbrieforal arguments on the FAA's Motion. The Court issued an oral rulipg denying the FAA'sMotion.' The parties then discussed the proposals in theirJune I, 2016:Joint Schedule, their calendar availability, hearing dates, and other litigation procedural matter$. Pursuant to 14 C.F.R. §§ 13.205, 13.220, and Civ. R. 16, and after reviewing all relevant caselaw, regulatio!Jls, statutory authority, and being fully advised;

1The Court's oral ruling denying the FAA's Motion is codified in a separate Order.

### IT IS HEREBY qRDERED:
I A. The litigation 4ates, discovery procedures, and hearing dates are hereby set as follows: I. June 23, 2P16: Deadlinefor Initial Disclosures. To ensure that the parties have sufficient tjme to address all issues in dispute, the parties shall serve each other with initial disc]osures (as described in Civ. R. 26(a)(l)(A)(i), (ii), and (iii)), on orbefore June 23, 2016, without waiting for a specific discovery request. 2. On or**bef~re** July 7, 2016: General Discovery Initiated. Pursuant to 14 C.F.R. 

### § 13.220(

### a~, the parties mayhave already begun conducting general discovery. Ifnot, then to enslure full use ofthe discovery time allotted in this case, the parties shall begin exchangin$ or serving general discovery requests on or before July 7, 2016, pursuant to 14 C.F.R. 

## § 13.220 (b), (c), (d) and (e). Discovery requests must be served sufficiently ear_ly in**th~** discovery period to permit the service ofresponses thereto prior to the deadline fdr completing general discovery. · General**di~covery** includes, butis not limited to: notices ofdeposition; requests for**productio~** ofdocuments; propounding interrogatories; requests for admission; etc. A party shalhespond to a general discovery request no later than 30 days after service of the requesl, unless otherwise agreed by the parties. 3. Service oflnterrogatories. Pursuantto 14 C.F.R. 

### § 13.220(k)(1), a party shall not serve more thanithirty (30) interrogatories upon each other. Each subpart ofan interrogatory shall be cdunted as a separate interrogatory.

a. Obnection(s) to Interrogatories. Pursuant to 14 C.F.R. § 13.220(k), any objection inresponse to an interrogatory must include the reason(s) supporting the objection. 4. Optional**~onference** with the Court re: Discovery Disputes: To provide a more efficient mannerto resolve discovery disputes without the burden offiling a formal motion, a party faced with a discovery problem may optto request an informal telephone Conferenqe with the Court, before filing any formal discovery motion. 

### See, Civ. R. 16(b)(3)(S)(v). The movant should set up such optional Conference within ten (10) days after the**d~scovery** dispute arises, pursuantto the directions contained in paragraph D infra. 5. Motions to Limit Discovery upon Receipt ofDiscovery Request: A party served with a discoveryrequest who seeks to limit discovery pursuant to 14 C.F.R. 

### § 13.220(£), (g), and (h), shallfile a Motion for Reliefwithin fifteen (15) days after service ofthe disputed discovery request, or as directed by the Court ifan optional discovery dispute conference is first convened.

a. G<pod Faith Declaration Included: The Motion must include a declaration by the movingparty, confirmingthat the movanthas already conferred or attempted to

Page 2 of6contfer in good faith with the opposing party regardingthe disputed discovery or disdlosure, to try and resolve the matter informally, priorto seeking court relief. b. Co!Py ofDisputedDiscovery: Pursuant to 14 C.F.R. § 13.220(b), only a copy of the !disputed discovery, in support ofthe motion, should be attached to the Motion orthe Response.

c.**Re~ponse** to Motion to Limit Discovery: Any Response to the Motionshould be filed no later than ten (10) days after service ofthe Motion. 6. 

### Motions toj Compel Discovery: A party seeking to compel discovery must file a Motion to Compel !within fifteen (15) days after service ofa deficient response or afterthe response

## tq the discovery was due, whichever occurs first; or as directed by the Court if an optional discovery dispute conference is first convened

a. GopdFaith DeclarationIncluded: The Motion must include a declaration by the molving party, confirmingthatthe movant has already conferred orattempted to cm{fer in good faith with the opposing party regarding the disputed discovery or disclosure, to try and resolve the matter informally, priorto seeking court relief. b. Pnjcedure for Motion: Any Motion and/or Response to Compel Discovery shall be lfiled in the same manner as directed for Motions to Limit Discovery**(p~ragraph** 4 (b)-(c) above). 7. Duty to**S~pplement** orAmend Discovery. Pursuant to 14 C.F.R. § 13.220(i), a party who has**r~sponded** to a discovery request in this case has a duty to supplement oramend the response throughout the litigation period, as soon as the information is known. 8. Retained;Jiired orEmployee Expert Witness Disclosures. Ifa party retains or hires a witness to provide expert testimony, or a party intends to utilize the testimony ofan employee**~o** give expert testimony-thenthe party intending to offer such witness shall disclose tHis retained or employee expert witness to the opposing side pursuant to the timeline**b~low.** The expert witness disclosure shall include the name ofthe witness, the witness's fxpertresume orqualifications, and the witness's written report or statement of opinion (including disclosure ofthe basis ofthat opinion).

a. FAA Expert Disclosure Deadline: .August 22, 2016. b. Respondent Expert Disclosure Deadline: August 22, 2016. c.**E~pert** Rebuttal Reports Deadline: September6, 2016. 9. Depositio!n Deadlines: Pursuant to the parties' agreement, the following deposition deadlines :are adopted:

a.**B~gin** taking depositions ofexpert or non-experts: August 29, 2016. b.**D~adline** to issue deposition notices and/orto request subpoenas for third-party dejpositions: September20, 2016.
Page 3 of6c.**De~dline** to take depositions: October20, 2016
I I 10. December!19, 2016: Deadline for Completing General Discovery. On orbefore December**~**9, 2016, the parties shall finish responding and serving answers to all general discovery rbquests pursuantto 14 C.F.R. 

### § 13.220. This includes the taking offact witness and expert witness depositions, pursuant to 14 C.P.R.§ 13.220(j). 11. Duty to Suipplement or Amend Discovery. Pursuant to 14 C.F.R. 

### § 13.220(i), a party who has re$ponded to a discovery request in this case has a duty to supplement oramend the**respons~** throughoutthe litigationperiod, as soon as the information is known. · 12. February l6,2017: Deadline for Filing Dispositive Motion(s). The last date for both partiesto fiile any/all pre-hearing dispositive motions, including Default Motions and/or Summary Judgment Motions.

a. March 2, 2017: Deadline for filing Answer to Dispositive Motion(s); b. March 16, 2017: Deadline for filing Reply (ifany). 13. Telephone1Motion Conference: April12, 2017 (1:30 p.m.-3:00p.m. ET). The parties shall convene by telephone for oral argument on any filed dispositive motions on April 12, 2017 (1:30 p.m.-3:00p.m. ET). N.B. lftheparties do not file dispositive motions, then this**T~lephone** Conference will be automatically converted and held as a PreHearing Status Conference. Theparties shallaccess the Court's conference line by calling 1-8$8-278-0296 (Access Code: 5851842). 14. September 12, 2017: List ofWitnesses/Exchange ofExhibits. On or before September 12, 2017, tfue parties will file the following:

a. A lif';t ofthe witnesses the party intends to call; b. A short statement ofthe testimony expected from each such witness; c. The'resume or statement ofqualifications ofeach witness who will be offered as an ctxpert; d. The documents the party intends to offer in evidence (pre-marked as noted in paragraph

### E, infra); and e. An index cover sheet with a briefdescription ofeach document. 

### 15. Septembert 26, 2017: Written Stipulations and/or Agreed Motions 

### in Limine. On or before September 26,2017, the parties shall file any written stipulations that narrow the factual or !¢gal issues, and/or that are agreed Motions in Limine. 16. October 11,2017- October 18,2017: Hearing Dates. Based on tfu.e parties' agreement, the Hearing will take 1.5 days or less. The Hearing will begin on**O~tober** 17, 2017 (9:00a.m-5:00p.m.) in the Tampa, Florida area. The Hearing will continue and conclude on October 18, 2017 (9:00 a.m-12:00 p.m.). The specific location of 1the Hearing will be provided to the parties priorto the Hearing.

Page 4 of 6B. Discovery**~equests** and Exchanges: Discovery tequests and exchanges need not be filed with the Office ofHearings, except as part ofa moUon regarding limited discovery, disputed discovery, or as part ofa motion to compel discovery. C. Failure to**~ove** for Timely Relief/Late Service ofDiscovery: The failure to timely respond to discovery requests, and/orto timely move for relief regarding disc<j>very disputes during the discovery period, may result in a finding that the party has, thro111gh its actions, waived its right to relief. Late service ofdiscovery requests may also be grbunds for denial ofa motion to compel compliance with such requests. D. Scheduling Motion orPre-Hearing Conferences onthe Judge's Calendar: Priorto the Hearing date(s), ifaparty wishes to schedule oral argument on any motion, or set up any typd ofpre-hearingtelephone conference on the Judge's calendar, the party shall first confer witih opposing counsel about mutually agreeable alternate dates. The movant shall next contact Mjrs. Rachael Brown, Judicial Assistant, at the Office ofHearings (202-366- 2132) as soon as possible, with at leastthree (3) mutually-agreed, proposed alternate dates/times forthe Judge's consideration. E. Exhibits Btought to the Hearing: Each party must bring to the Hearing at least three copies ofany documents it intends to offer in evidence as exhibits (two for the Judge and one for the court reporter). The exhibits must have an iindex coversheet, and should be pre-marked and tabbed. 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. Examination Process at the Hearing: At the Heabng, there will be the opportunity for direct examination, cross-examination, and redirect e:x)amination ofeach witness. Only onerepresentative ofa party may direct or cross-examine a witness on behalfofthat party. Pursuantto 14 C.F.R. 

### § 13.205 and 14 C.F.R. 

### § 13.22!2, the Federal Rules ofEvidence may be utilized as helpful guidance in determining the admission ofevidence. · G. Attorney Withdrawal: Pursuantt<P 14 C.F.R. § 13.218, an attorney who wishes to withdraw from representing a party must file a Motion to Withdraw. In this Motion, the attorney shall confirm the following: 1.**Th~** date the Respondent was served with written notice ofthe attorney's intent to**wi~hdraw;** 2. The name ofthedesignated agent/lay representative ifthe Respondent in the**act~on** is a business entity; 3. The currentbusiness address, telephone number, and fax number ofthe Respondent and ofits designated agent;

Page 5 of64. A**s~atement** that the Respondent has been notified in writing ofthe pending heajring dates in this litigation, as well as the pending pre-hearing discovery**de~dlines** and telephone conferences; and

. 5. A *atementthat the Respondent has been provided a copy ofall Orders issued in thiS litigation, as well as any other legal documents to which the Respondent is entitled. H. Court Filirjg ofExhibits with theHearing Docket: All Exhibits that the parties have moved for admission during the Hearing will be attached to the1 court transcript and filed by the court reporter. I. Requests fpr Modificationofthis Order: Any**reque~ts** for modification ofthe litigation dates and procedures set forth in this Order should be madle by written Motion. The parties may also file an agreed written request. J.**Clarificati~n** or Questions: For clarifiqations ofthis order or questions with regard to the procedures to be followed in this case, p*ase contactMrs. Rachael Brown, Judicial Assistant, at the Office ofHearings**(202-366-213~).**

:

### .. ,, ' Attachment:**Serv~ce** List ···.·. ·

Page 6 of6Docket No. FAA-2016-4266 (Civil Penalty Action) 

### SERVICE LIST-BYU.S. MAIL ORIGINAL & ONE COPY Federal Aviation 4\dministration 800 Independencd Avenue, S.W. Washington, DC 

### l059l Attention: Hej:rring Docket Clerk, AGC-430 Wi[bur Wright Building-Suite2W10002

Mr. ChristopherR Stevenson 

### Complainant's Cd,unsel . '.D**~.**
Federal Aviation 1]\dministration Enforcement**Divi~ion,** Southern Team 1701 ColumbiaAvenue College Park, GA;30337 TEL: 404-305-5to8 FAX:**404-305-5~23** Mr. Daniel Kerzn¢r 

### Respondent'sReptesentative PremierNail Sourpe, Inc. 5454 W. Crenshaw Street Tampa, FL-33634 TEL: 813-390-0VOO Judge J.E. Sullivan 

### US. Administrative LawJudge Office ofHearing$, M-20 U.S. Department

### OfTransportation ONE COPY

1200 NewJersey Avenue, S.E. (E11-310) Washington, DC**~0590** TEL: 202-366-6941 FAX: 202-366-7536

2 Service was by**~.S.** Mail. For service in person orby expedited courier, use the following address: Federal Aviation Administratibn, 600 Independence Avenue, S.W., Wilbur Wright Building-Suite 2WIOOO, Washington, DC 20591; Attention:: Hearing Docket Clerk, AGC-430.