SERVED: December 11, 2015 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, DC ... it .--. ~ -~- ;:""'~ 

In The Matter Of: 

MN AIRLINES, LLC 

d/b/a SUN COUNTRY AIRLINES 

Respondent 

) 

) 

) 

) 

) 

) 

Docket No. FAA-2015-2444 

Case No. 2014-GL-15-0030 

ORDER SETTING LITIGATION DATES AND PROCEDURES 

.. _. ~ 

On September 10, 2015, 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. 

This Order directed the parties to file a Ru1e 26(f) Plan with the Court by December 3, 2015 and 

to convene with the Court on December 9, 2015 for a Rule 16 Conference. 

On December 9, 2015 at 1:30pm, the parties appeared by telephone for the courtschedu1ed Rule 16 Litigation Scheduling Conference. During this Conference, the Respondent 

stated that it had submitted a unilateral Ru1e 26(f) Plan, and that such Plan had been put in the 

U.S. Mail on December 3, 2015. The FAA had reviewed the Respondent's Plan and agreed to it. 

The Court notified the parties that the Respondent's Rule 26(f) Plan had not been received. The 

Respondent agreed to file a copy of the Plan by fax later that same day, and parties agreed to 

continue the Rule 16 Litigation Scheduling Conference for two (2) days. 

Later that same day, December 9, 2015 at 2:19pm, the Respondent's Plan (mailed on 

December 3, 2015) was filed with the Court. Shortly thereafter that same day, at 2:51pm, the 

Respondent's Plan was also filed by fax. 

Two (2) days later, on December 11,2015, the parties appeared by telephone for the 

continued Rule 16 Litigation Scheduling Conference. During this Conference, the parties 

discussed the Respondent's Plan, their calendar availability, hearing dates, and other litigation 

procedural matters. 
Pursuant to 14 C.F.R. §§ 13.205; 13.220; and Civ. R. 16, and after reviewing all relevant 

caselaw, regulations, statutory authority, and being fully advised; 

IT IS HEREBY ORDERED: 

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

1. January 8, 2016: Deadline for Initial Disclosures. To ensure th.at the parties have 

sufficient time to address all issues in dispute, on or before January 8, 2016, the parties 

shall serve each other with initial disclosures (as described in Civ. R. 26(a)(1)(A)(i), (ii), 

and (iii)) without waiting for a specific discovery request. 

2. On or before January 15,2016: 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 ensure full use of the discovery time allotted in this case, the parties shall begin 

exchanging or serving general discovery requests on or before January 15, 2016, pursuant 

to 14 C.F.R. §13.220 (b), (c), (d) and (e). General discovery includes, but is not limited 

to: notices of deposition; requests for production of documents; propounding 

interrogatories; requests for admission; etc. A party shall respond to a general discovery 

request no later than 30 days after service of the request, unless otherwise agreed by the 

parties. Discovery requests must be served sufficiently early in the discovery period to 

permit the service of responses thereto prior to the deadline for completing general 

discovery. · 

3. Service oflnterrogatories. Pursuant to 14 C.F.R. § 13.220(k)(l), a party shall not serve 

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

shall be counted as a separate interrogatory. 

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

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

(h), shall file a Motion for Relief within ten (10) days after service of the disputed 

discovery request. 

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

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

confer 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. Copy of Disputed 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. 

Page 2 ofS 
c. Response to Motion to Limit Discovery: Any Response to the Motion should be 

filed no later than ten (1 0) days after service of the Motion. 

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

to Compel within ten (10) days after service of a deficient response or after the response 

to the discovery was due, whichever occurs first. · 

a. Procedure for Motion: Any Motion and/or Response to Compel Discovery shall 

be filed in the same manner as directed for Motions to Limit Discovery 

(paragraph 4 (a)-( c) above). 

6. March 31,2016: Deadline for Completing Physical and/or Mental Examinations. On or 

before March 31,2016, the parties shall complete any physical and/or mental 

examinations. 

7. Retained/Hired 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 to 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 below. The expert witness disclosure shall include the name of the witness, the 

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

opinion (including disclosure ofthe basis ofthat opinion). 

a) FAA Expert Disclosure Deadline: June 30, 2016. 

b) Respondent Expert Disclosure Deadline: June 30,2016. 

c) Expert Rebuttal Reports Deadline: July 29,2016. 

8. Duty to Supplement or Amend Discovery. Pursuant to 14 C.F.R. § 13.220(i), a party 

who has responded 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. 

9. August 26,2016: Deadline for Completing General Discovery. On or before August 

26, 2016, the parties shall finish responding and serving answers to all general discovery 

requests pursuant to 14 C.F.R. § 13.220. This includes the taking of fact witness and 

expert witness depositions, pursuant to 14 C.F.R. § 13.2200). 

10. September 27,2016: Deadline 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) October 19, 2016: Deadline for filing Answer to Dispositive Motion(s); 

b) November 2, 2016: Deadline for filing Reply (if any). 

11. Telephone Motion Conference: November 17,2016 (10:30 a.m.-12:00 p.m. ET). The 

parties shall convene by telephone for oral argument on any filed dispositive motions on 

November 17, 2016 (10:30 a.m.-12:00 p.m. ET). N.B. Ifthe parties do not file dispositive 

motions, then this Telephone Conference will be automatically converted and held as a 

Page 3 ofS 
Pre-Hearing Status Conference. The parties shall access the Court's Conference line by 

calling 202-493-2343. 

12. January 17, 2017: List of Witnesses/Exchange of Exhibits. On or before January 17, 

2017, the parties will 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 or statement of qualifications of each witness who will be offered as 

an expert; 

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. 

13. January 17, 2017: Written Stipulations and/or Agreed Motions in Limine. On or 

before January 17, 2017, the parties shall file any written stipulations that narrow the 

factual or legal issues, and/or that are agreed Motions in Limine. 

14. January 31, 2017-February 3, 2017: Hearing Dates. 

Based on the parties' agreement, the Hearing will take 3.5 days or less. The Hearing will 

begin on January 31, 2017 (9:00a.m-5:00p.m.) in the St. Paul, Minnesota area. The 

Hearing will continue on February, 1, 2017 and February 2, 2017 (9:00a.m-5:00p.m.) 

and conclude on February 3, 2017 (9:00a.m.- 12:00 p.m.) that day. The specific 

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

B. Discovery Requests and Exchanges: 

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

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

compel discovery. 

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

The failure to timely respond to discovery requests, and/or to timely move for relief 

regarding discovery disputes during the discovery period, may result in a finding that the 

party has, through its actions, waived its right to relief. Late service of discovery requests 

may also be grounds 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 type of pre-hearing telephone conference on the Judge's calendar, the party shall 

first confer with opposing counsel about mutually agreeable alternate dates. The movant shall 

next contact Mr. Cody L. Smith, Attorney-Advisor, at the Office of Hearings (202-366-6941) 

as soon as possible, with at least three (3) mutually-agreed, proposed alternate dates/times for 

the Judge's consideration. 

E. Exhibits Brought 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· 

Page 4 ofS 
must have an index 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 Hearing, there will be the opportunity for direct examination, cross-examination, 

and redirect examination 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. § 13.222, the Federal Rules of Evidence may be utilized as helpful guidance in 

determining the admission of evidence. 

G. Attorney Withdrawal: Pursuant to 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. The date the Respondent was served with written notice of the attorney's intent to 

withdraw; 

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

a business entity; 

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

and of its designated agent; 

4. A statement that the Respondent has been notified in writing of the pending hearing 

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

telephone conferences; and 

5. A statement 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 Filing of Exhibits with the Hearing Docket: 

All Exhibits that the parties have moved for admission during the Hearing will be 

attached to the court transcript and filed by the court reporter. 

I. Requests for Modification of this Order: 

Any requests for modification of the litigation dates and procedures set forth in this Order 

should be made by written Motion. The parties may also file an agreed written request. 

J. Clarification or Questions: 

For clarifications of this order or questions with regard to the procedures to be followed 

in this case, please contact Mr. Cody L. Smith, Attorney-Advisor, at the Office of Hearings 

(202-366-6941 ). 

Attachment: Service List 

Page 5 ofS 
Docket No. FAA-2015-2444 

(Civil Penalty Action) 

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 2Wl 0001 

ONE COPY 

Ms. Kate Barber 

Complainant's Counsel 

Federal Aviation Administration 

Great Lakes Regional Counsel's Office 

2300 East Devon A venue, Suite 4 79 

Des Plaines, IL 600 18 

TEL: 847-294-7862 

FAX: 847-294-7498 

Mr. Donald Chance Mark, Jr. 

Respondent's Counsel 

Fafinski Mark & Johnson, P.A. 

Flagship Corporate Center 

775 Prairie Center Drive, Suite 400 

Eden Prairie, MN 55344 

TEL: 952-995-9500 

FAX: 952-995-9577 

Judge J.E. Sullivan 

US. Administrative Law Judge 

Office ofHearings, M-20 

U.S. Department of Transportation 

1200 New Jersey Avenue, S.E. (E11-310) 

Washington, DC 20590 

TEL: 202-366-6941 

FAX: 202-366-7536 

Ms. Lauren Hoyson 

Complainant's Co-Counsel 

Federal Aviation Administration 

Enforcement Division, Midwest Team 

2300 East Devon Ave., Room 479 

Des Plaines, IL 60018 

TEL: 847-294-7165 

FAX: 847-294-7498 

1 Service was by U.S. Mail. For service in person or by expedited courier, use the following address: Federal 

Aviation Administration, 600 Independence Avenue, S.W., Wilbur Wright Building-Suite 2W1000, Washington, 

DC 20591; Attention: Hearing Docket Clerk, AGC-430.