## SERVED: December 11, 2015

U.S. DEPARTMENT OFTRANSPORTATION OFFICE OF HEARINGS WASHINGTON, DC

... it .--.**~ -~-** **;:""'~** InThe Matter Of: MN AIRLINES, LLC d/b/a SUN COUNTRY AIRLINES Respondent ) ) ) ) ) ) DocketNo. FAA-2015-2444

Case No. 2014-GL-15-0030



### ORDERSETTINGLITIGATIONDATES 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 CourtbyDecember 3, 2015 and to convene with the Court on December 9, 2015 for a Rule 16 Conference.
OnDecember 9, 2015 at 1:30pm, the parties appeared bytelephone 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 Planhad beenput inthe U.S. Mail onDecember 3, 2015. The FAAhad reviewed the Respondent's Plan and agreed to it. The Courtnotified the parties that the Respondent's Rule 26(f) Planhad not beenreceived. The Respondent agreed to file a copy ofthe Planby fax later that same day, and parties agreedto continue the Rule 16 Litigation Scheduling Conference for two (2) days.
Laterthat same day, December 9, 2015 at 2:19pm, the Respondent's Plan (mailed on December 3, 2015) was filed withthe Court. Shortly thereafter that same day, at 2:51pm, the Respondent's Planwas also filed by fax.
Two (2) days later, on December 11,2015,the parties appeared bytelephone 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.Pursuantto 14 C.F.R. 

### §§ 13.205; 13.220; and Civ. R. 16, and afterreviewing 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 orbefore 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 orbeforeJanuary 15,2016: GeneralDiscovery Initiated. Pursuantto 14 C.F.R. 

### § 13.220(a), the parties may have already begun conducting general discovery. Ifnot, then to ensure full use ofthe discovery time allotted inthis case, the parties shall begin exchanging or serving general discovery requests on orbefore 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 ofdeposition; requests for production ofdocuments; propounding interrogatories; requests for admission; etc. A party shall respond to a general discovery request no later than 30 days after service ofthe request, unless otherwise agreed bythe parties. Discoveryrequests must be served sufficiently early inthe discovery period to permit the service ofresponses thereto priorto 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 ofaninterrogatory shall be counted as a separate interrogatory.

a. Objection(s) to Interrogatories. Pursuant to 14 C.F.R. 

### § 13.220(k), any objection inresponse to aninterrogatory must include the reason(s) supporting the objection. 4. Motions to Limit Discovery upon Receipt ofDiscovery 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 Reliefwithin 

### ten (10) days after service ofthe disputed discovery request.

a. Good Faith Declaration Included: The·Motion must include a declarationby the movingparty, confirming that the movant has already conferred or attemptedto confer in good faith with the opposing party regardingthe disputed discovery or disclosure, to 

### try and resolve the matter informally, priorto seeking courtrelief. b. Copy ofDisputed Discovery: Pursuant to 14 C.F.R. 

### § 13.220(b), only a copy of the disputed discovery, in support ofthe motion, should be attachedto the Motion orthe Response.

Page 2 ofSc. Response to Motionto Limit Discovery: Any Response to the Motion should be filed no later than ten (10) days after service ofthe Motion. 5. Motions to Compel Discovery: A party seeking to compel discovery must file a Motion to Compel within ten (10) days after service ofa 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 inthe 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 orEmployee ExpertWitness Disclosures. Ifa partyretains orhires a witness to provide experttestimony, or a party intends to utilize the testimony ofan employee to give expert testimony-thenthe party intending to offer such witness shall disclose this retained oremployee expert witness to the opposing side pursuant to the timeline below. The expert witness disclosure shall include the name ofthe 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) ExpertRebuttal Reports Deadline: July 29,2016. 8. Duty to Supplement orAmend Discovery. Pursuantto 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 orbefore 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 offact witness and expert witness depositions, pursuant to 14 C.F.R. § 13.2200). 10. September27,2016: 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 (ifany). 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. Iftheparties do not file dispositive motions, thenthis Telephone Conference will be automatically converted and held as a Page 3 ofSPre-Hearing Status Conference. The parties shall access the Court's Conference line by calling 202-493-2343. 12. January 17, 2017: List ofWitnesses/Exchange ofExhibits. On orbefore January 17, 2017, theparties willfile the following: a) A list 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 anexpert; d) The documents the party intends to offerin evidence (pre-marked as noted in paragraph

### E, infra); and e) An index cover sheet with a briefdescription ofeach document. 13. January 17, 2017: Written Stipulations and/orAgreed Motions 

### inLimine. On or before January 17, 2017, the parties shall file any written stipulations that narrowthe factual orlegal issues, and/or that are agreed Motions in Limine. 14. January 31,2017-February 3, 2017: HearingDates. Based ontheparties' agreement, the Hearing will take 3.5 days orless. The Hearing will begin onJanuary 31, 2017 (9:00a.m-5:00p.m.) inthe St. Paul, Minnesota area. The Hearing will continue on February, 1, 2017 andFebruary2, 2017 (9:00a.m-5:00p.m.) and conclude onFebruary 3, 2017 (9:00a.m.- 12:00 p.m.) that day. The specific location ofthe Hearing will be provided to the parties priorto the Hearing. 

### B. Discovery Requests and Exchanges: Discovery requests and exchanges need notbe filed withthe Office ofHearings, except as part ofa motionregarding limited discovery, disputed discovery, or as part ofa motionto compel discovery. C. Failure to Move for Timely Relief/Late Service ofDiscovery: 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 thatthe party has, through its actions, waived its right to relief. Late service ofdiscoveryrequests may also be grounds for denial ofa motion to compel compliance with suchrequests. D. Scheduling Motion orPre-Hearing Conferences onthe Judge's Calendar: Priorto the Hearing date(s), ifa party wishes to schedule oral argument on any motion, or setup any type ofpre-hearingtelephone conference onthe Judge's calendar, the party shall first confer with opposing counsel about mutually agreeable alternate dates. Themovant shall next contact Mr. Cody L. Smith, Attorney-Advisor, at the Office ofHearings (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: Eachpartymustbringto the Hearing at least three copies ofany documents it intends to offerin evidence as exhibits (two for the Judge and one for the courtreporter). The exhibits· Page 4 ofSmust 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 shouldbe marked "R-1," R-2," "R-3," etc. F. Examination Process at the Hearing: Atthe Hearing, there will be the opportunity for direct examination, cross-examination, andredirect examination ofeachwitness. Only one representative ofa party may direct or cross-examine a witness onbehalfofthat party. Pursuant to 14 C.F.R. 

### § 13.205 and 14 C.F.R. 

### § 13.222, the Federal Rules ofEvidence may be utilized as helpful guidance in determining the admission ofevidence. 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 ofthe attorney's intent to withdraw; 2. The name ofthe designated agent/lay representative ifthe Respondent in the actionis a business entity; 3. The current business address, telephone number, and fax number ofthe Respondent and ofits designated agent; 4. A statement that the Respondent has been notified inwriting ofthe 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 beenprovided a copy ofall Orders issued inthis litigation, as well as any other legal documents to whichthe Respondent is entitled. H. Court Filing ofExhibits with the Hearing Docket: All Exhibits that the parties have moved for admission during the Hearing will be attached to the courttranscript and filed bythe court reporter. 

### I. Requests for Modification ofthis Order: Any requests for modification ofthe litigation dates andprocedures set forth in this Order should be made by written Motion. The parties may also file an agreed writtenrequest. 

### J. Clarification or Questions: For clarifications ofthis 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 ofHearings (202-366-6941).

Attachment: Service List
Page 5 ofSDocketNo. FAA-2015-2444 (Civil PenaltyAction) 

### 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 2Wl000 1 ONE COPY Ms. Kate Barber 

### Complainant's Counsel Federal Aviation Administration Great Lakes Regional Counsel's Office 2300 East Devon Avenue, Suite 479 Des Plaines, IL 60018 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 ofTransportation 1200 NewJersey 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.