FD ,-,_"" 

U.S.DEPARTMENTOFTRANSPORTATTON ~i,:C:\!. i · ,·) 

OFFICE OF HEARINGS 

WASHINGTOND.C. HEARING DUGKET 

In The Matter Of: 

FEDERAL AVIATION 

ADMINISTRATION 

Complainant, 

v. 

) 

) 

) 

) 

) 

) 

) 

) 

) 

BIRMINGHAM FLIGHT CENTER, INC. ) 

Respondent. 

) 

) 

DocketNo.: FAA-2014-0867 

Case No.: 201280090053 

Judge J.E. SullivaR E C E l V ED 

MAR 27 2015 

HEARING DOCKET 

JOINT PROPOSED SCHEDULING AND DISCOVERY PLAN 

Pursuaut to Rule 26(f), Fed. R. Civ. P., and this Court's Order of Jauuary 6, 2015, 

Respondent's counsel, Paul R. Borth, and FAA counsel, Deitrick H. Johnson, conferred on 

the contents of this proposed discovery plan. 

Pre-Discovery Disclosures. 1 

Aprill5, 2015 

Discovery Plan. 

The parties will exchange the information required by Fed. R. Civ. 

P. 26(a)(J ). 

The parties jointly propose to the Court the following discovery plan: 

Discovery will be needed on the following subjects: 

1) Complainaut' s complaint allegations, defenses that may become applicable during 

discovery; 

2) All other issues raised by the pleadings; 

3) Any expert disclosures; 

4) All other matters that will reasonably lead to the discovery of admissible evidence. 

Apri115, 2015 The parties shall both propound written discovery. 

May 15,2015 The parties shall exchange auswers/responses to written discovery. 

1 The parties agree to service of all documents exclusively by e-mail. 
June 1, 2015 

July 31, 2015 

August 15, 2015 

The parties shall issue subpoenas and/or mutually arrange for 

depositions or witnesses and experts as may be necessary. 

All written discovery and depositions shall be completed. 

All motions in limine shall be filed. 

Unless by subsequent agreement of the parties or leave of Court, the parties agree as 

follows: 

Each party shall be limited to 30 interrogatories (including subparts), 30 requests for 

admission, and 30 requests for production of documents. 

Supplementations of reports or information shall be made by all parties reasonably as they 

become aware that information previously disclosed is incomplete or incorrect, and in any 

event, not later than the end ofthe discovery period and again thirty (30) days before the 

beginning of the session of Court at which the case is set for hearing, in conjunction with 

the other disclosures required by Rule 26(a)(3). 

Undersigned counsel have discussed discovery procedures that minimize the risk of waiver 

of privilege or work-product protection, including procedures for asserting privilege claims 

after production. 

This case should be ready for hearing on or by August 31, 2015. 

The hearing is expected to take approximately two (2) days. 

The parties request a pre-trial conference be scheduled approximately one week prior to the 

Court's hearing date to discuss any outstanding issues and rulings on motions in limine. 

Respectfully submitted, this the 20th day of March, 2015. 

/s/ Deitrick H. Johnson 

Complainant's Counsel 

Federal Aviation Administration 

Office of the Regional Counsel, AS0-7 Southern Region 

1701 Columbia Avenue College Park, GA 30337 

TEL: 404-305-5200 

FAX: 404-305-5223 

/s/ Paul R. Borth 

Respondent's Counsel 

Barnett & Borth, LLC 

800 Waukegan Road 

Suite 200 

Glenview, IL 60025 

TEL: 847-809-9520 

FAX: 815-356-7042 
CERTIFICATE OF SERVICE 

I hereby certify that I have served the foregoing JOINT PROPOSED 

SCHEDULING AND DISCOVERY PLAN on this date, March 20, 2015 addressed to: 

Judge J .E. Sullivan 

U.S. Administrative Law Judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

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

Washington, DC 20590 

VIA FAX: 202-366-7536 

Federal Aviation Administration (Service by Mail) 

800 Independence Avenue, S.W. 

Washington, DC 20591 

Attention: Hearing Docket Clerk. AGC-430 

Deitrick H. Johnson 

Complainant 's Counsel 

Federal Aviation Administration 

Office of the Regional Counsel, AS0-7 Southern Region 

1701 Columbia Avenue College Park, GA 30337 

VIA FAX: 404-305-5223 and E-mail <Jrln:i£~J2.b~21l@il_filihm:!Y 

Dated: March 20, 2015 

Paul 

~~ R. Borth 

Counsel for Respondent 

Barnett & Borth, LLC 

800Waukegan Road 

Suite 200 

Glenview, IL 60025 

Tel. (847) 724-5520 

Fax (815) 356-7042