In The Matter Of: • 

SERVED: June 13, 2016 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, DC 

PREMIER NAIL SOURCE, INC. 

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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 Confer and 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 Letter to the 

FAA's Motion, and a one (1) page Answer. 

On June 1, 2016 the parties filed a Joint 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 of a good cause shoWing for any untimely answer, 

were discussed. The parties presented brief oral arguments on the FAA's Motion. The Court 

issued an oral rulipg denying the FAA's Motion.' The parties then discussed the proposals in 

their June 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; 

1 The 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: Deadline for 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 or before 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 may have already begun conducting general discovery. If not, 

then to enslure full use of the 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 of responses thereto prior to the 

deadline fdr completing general discovery. · 

General di~covery includes, but is not limited to: notices of deposition; requests for 

productio~ of documents; 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. Pursuant to 14 C.F.R. § 13.220(k)(1), a party shall not serve 

more than ithirty (30) interrogatories upon each other. Each subpart of an interrogatory 

shall be cdunted as a separate interrogatory. 

a. Obnection(s) to Interrogatories. Pursuant to 14 C.F.R. § 13.220(k), any objection 

in response 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 manner to resolve discovery disputes without the burden of filing a formal 

motion, a party faced with a discovery problem may opt to 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, pursuant to the directions contained in paragraph D 

infra. 

5. Motions to Limit Discovery upon Receipt of Discovery Request: A party served with a 

discoveryrequest who seeks to limit discovery pursuant to 14 C.F.R. § 13.220(£), (g), and 

(h), shall file a Motion for Relief within fifteen (15) days after service of the disputed 

discovery request, or as directed by the Court if an optional discovery dispute conference 

is first convened. 

a. G<pod Faith Declaration Included: The Motion must include a declaration by the 

moving party, confirming that the movant has already conferred or attempted to 

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contfer in good faith with the opposing party regarding the disputed discovery or 

disdlosure, to try and resolve the matter informally, prior to seeking court relief. 

b. Co!Py ofDisputed Discovery: Pursuant to 14 C.F.R. § 13.220(b), only a copy of 

the !disputed discovery, in support of the motion, should be attached to the Motion 

or the Response. 

c. Re~ponse to Motion to Limit Discovery: Any Response to the Motion should be 

filed no later than ten (10) days after service of the Motion. 

6. Motions toj Compel Discovery: A party seeking to compel discovery must file a Motion 

to Compel !within fifteen (15) days after service of a deficient response or after the 

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. Gopd Faith Declaration Included: The Motion must include a declaration by the 

molving party, confirming that the movant has already conferred or attempted to 

cm{fer in good faith with the opposing party regarding the disputed discovery or 

disclosure, to try and resolve the matter informally, prior to 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 or Amend 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 or amend 

the response throughout the litigation period, as soon as the information is known. 

8. Retained;Jiired or Employee Expert Witness Disclosures. If a party retains or hires a 

witness to provide expert testimony, or a party intends to utilize the testimony of an 

employee ~o give expert testimony-then the 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 of the witness, the 

witness's fxpert resume or qualifications, and the witness's written report or statement of 

opinion (including disclosure of the basis of that opinion). 

a. FAA Expert Disclosure Deadline: .August 22, 2016. 

b. Respondent Expert Disclosure Deadline: August 22, 2016. 

c. E~pert Rebuttal Reports Deadline: September 6, 2016. 

9. Depositio!n Deadlines: Pursuant to the parties' agreement, the following deposition 

deadlines :are adopted: 

a. B~gin taking depositions of expert or non-experts: August 29, 2016. 

b. D~adline to issue deposition notices and/or to request subpoenas for third-party 

dejpositions: September 20, 2016. 

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c. De~dline to take depositions: October 20, 2016 I 

I 

10. December!19, 2016: Deadline for Completing General Discovery. On or before 

December ~ 9, 2016, the parties shall finish responding and serving answers to all general 

discovery rbquests pursuant to 14 C.F .R. § 13.220. This includes the taking of fact 

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 or amend 

the respons~ throughout the litigation period, as soon as the information is known. · 

12. February l6, 2017: Deadline for Filing Dispositive Motion(s). The last date for both 

parties to 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 (if any). 

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. lfthe parties do not file dispositive motions, 

then this T~lephone Conference will be automatically converted and held as a PreHearing Status Conference. The parties shall access the Court's conference line by 

calling 1-8$8-278-0296 (Access Code: 5851842). 

14. September 12, 2017: List of Witnesses/Exchange of Exhibits. On or before September 

12, 2017, tfue parties will file the following: 

a. A lif';t of the witnesses the party intends to call; 

b. A short statement of the testimony expected from each such witness; 

c. The' resume or statement of qualifications of each 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 brief description of each 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 of1

the Hearing will be provided to the parties prior to the Hearing. 

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B. Discovery ~equests and Exchanges: 

Discovery tequests and exchanges need not be filed with the Office of Hearings, except 

as part of a moUon regarding limited discovery, disputed discovery, or as part of a motion to 

compel discovery. 

C. Failure to ~ove for Timely Relief/Late Service of Discovery: 

The failure to timely respond to discovery requests, and/or to 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 of discovery requests 

may also be grbunds for denial of a motion to compel compliance with such requests. 

D. Scheduling Motion or Pre-Hearing Conferences on the Judge's Calendar: 

Prior to the Hearing date(s), if a party wishes to schedule oral argument on any motion, or 

set up any typd of pre-hearing telephone 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 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. 

E. Exhibits Btought to the Hearing: 

Each party must bring to the Hearing at least three copies of any 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 cover sheet, 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 of each witness. Only one representative of a party may direct or 

cross-examine a witness on behalf of that party. Pursuant to 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 of evidence. · 

G. Attorney Withdrawal: 

Pursuant t<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 of the attorney's intent to 

wi~hdraw; 

2. The name ofthe designated agent/lay representative if the Respondent in the 

act~on is a business entity; 

3. The current business address, telephone number, and fax number of the 

Respondent and of its designated agent; 

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4. A s~atement that the Respondent has been notified in writing of the pending 

heajring dates in this litigation, as well as the pending pre-hearing discovery 

de~dlines and telephone conferences; and . 

5. A *atement that the Respondent has been provided a copy of all Orders issued in 

thiS litigation, as well as any other legal documents to which the Respondent is 

entitled. 

H. Court Filirjg of Exhibits with the Hearing 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 Modification of this Order: 

Any reque~ts for modification of the 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 of this order or questions with regard to the procedures to be followed 

in this case, p*ase contact Mrs. Rachael Brown, Judicial Assistant, at the Office of Hearings 

(202-366-213~). 

: .. ,, ' 

Attachment: Serv~ce List · · ·.·. · 

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Docket No. F AA-20 16-4266 

(Civil Penalty Action) 

SERVICE LIST-BY U.S. MAIL 

ORIGINAL & ONE COPY 

Federal Aviation 4\dministration 

800 Independencd A venue, S. W. 

Washington, DC l059l 

Attention: Hej:rring Docket Clerk, AGC-430 

Wi[bur Wright Building-Suite 2W1 0002 

Mr. Christopher R Stevenson 

Complainant's Cd,unsel 

. '.D ~. 

Federal Aviation 1]\dministration 

Enforcement Divi~ion, Southern Team 

1701 Columbia Avenue 

College Park, GA;30337 

TEL: 404-305-5to8 

FAX: 404-305-5~23 

Mr. Daniel Kerzn¢r 

Respondent's Reptesentative 

Premier Nail Sourpe, Inc. 

5454 W. Crenshaw Street 

Tampa, FL-33634 

TEL: 813-390-0VOO 

Judge J.E. Sullivan 

US. Administrative Law Judge 

Office of Hearing$, M-20 

U.S. Department Of Transportation 

ONE COPY 

1200 New Jersey 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 or by 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.