In The Matter Of: 

SERVED: June 4, 2013 

U.S. DEPARTMENTOF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, DC 

) 

) Docket No. F AA-2013-0044 

NORTHEASTERN ) 

AVIATION, CORP. ) 

) Case No. 2012EA210031 

Respondent ) 

ORDER 

SETTING LITIGATION DATES AND PROCEDURES 

-5 A 

On May 14, 2013 an Order Resetting Rule 16 Litigation Scheduling Conference 

was filed. 

On June 4, 2013, the parties appeared by telephone for a Rule 16 Litigation 

Scheduling Conference, and discussed their calendar availability, hearing dates, and other 

litigation procedural matters. Pursuant to 14 C.F.R. §§ 13.205(a)(1), (6), (7), 13.217, 

13.220, and Civ. R. 16, and after reviewing all relevant caselaw, regulation, statutory 

authority, and being fully advised; 

IT IS HEREBY ORDERED: 

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

1. June 20, 2013: Deadline for Initial Disclosures. The last date for the parties to 

serve each other with initial disclosures pursuant to Civ. R. 26(a)(l)(A). 

2. July 3, 2013: General Discovery Start Date: On or before July 3, 2013, the 

parties shall begin exchanging or serving additional general discovery requests 

pursuant to CR 26- CR 36 and 14 C.F.R. §13.220(b) and (e). This includes, but 

is not limited to: notices of deposition; subpoenas duces tecum; propounding 

interrogatories; requests for production of documents; the disclosure ofexpert 

testimony pursuant to CR 26(a)(2), etc. 

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

serve more than thirty (30) interrogatories to each other, and each subpart of an 

interrogatory shall be counted as a separate interrogatory. 

4. Objections to, and Motions Regarding, Interrogatories. Pursuant to 14 C.F.R. 

§ 13.220(k), any objection(s) to interrogatories shall be filed within ten (10) days 

after receipt of the interrogatories. Pursuant to 14 C.F.R. § 13.220(m) and 
Paragraph D herein, any motions to compel for deficient interrogatory response(s) 

shall be filed within ten (10) days after receipt of the objection or deficient 

answer. 

5. August 23,2013: Deadline for Completing General Discovery. The last date 

for both parties to finish responding and serving answers to all additional general 

discovery requests pursuant to CR 26- CR 36 and 14 C.P.R. §13.220(b) and (e). 

This includes, but is not limited to, the taking of depositions and serving 

responses to all Requests for Discovery. 

6. August 30, 2013: Supplemental Discovery Request Deadline. The last date for 

both parties to complete exchange of all supplemental discovery requests based 

on the general discovery exchange, including but not limited to the notices of 

supplemental depositions, and other requests. 

7. September 13,2013: Deadline for both parties to finish taking supplemental 

depositions, and responding to and serving answers to all supplemental discovery 

requests pursuant to CR 26- CR 36 and 14 C.P.R. §13.220(i). 

8. October 18,2013: Deadlines 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) November 1, 2013: Deadline for filing Answer to Dispositive Motion(s); 

b) November 8, 2013: Deadline for filing Reply (if any). 

9. November 14,2013: 10:30 a.m.-11:30 a.m. EST. Telephone conference for oral 

argument on dispositive motions. N.B. If the parties do not file dispositive 

motions, then this Telephone Conference will be automatically converted and 

held as a Pre-Hearing Status Conference. 

10. January 7, 2014: List ofWitnesses Exchange of Exhibits due date. The last date 

for each party to serve and 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 of each witness who will be offered as an expert; and 

d) The documents the party intends to offer in evidence (pre-marked as noted in 

paragraph E, infra). 

11. January 21, 2014: Written Stipulations and/or Motions in Limine due date. The 

deadline for filing written stipulations and/or written Motions in Limine. 

12. January 28,2014- January 29,2014: Hearing dates. 

Based on the parties' agreement, the Hearing will take one and a half (1.5) 

days or less. The Hearing will begin on Tuesday, January 28, 2014 (9:00 a.m.-

5:00p.m. EST) in New York City, NY, and end on Wednesday, January 29, 

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2014 (9:00 a.m.-12:00 p.m. EST). The specific location of the Hearing will be 

provided to the parties prior to the Hearing. 

B. Requests for modification of the litigation dates set forth in paragraph A 

may be made by written Motion. Before filing such a Motion, however, the party seeking 

the modification shall contact the opposing party and seek to arrive at mutually 

convenient alternative date(s). A report on the result of this discussion shall be included 

by the movant in the ,Motion. 

C. Discovery requests or documents complying with discovery requests need 

not be filed in this case with the Office of Hearings, except as part of a motion regarding 

disputed discovery, or as part of a motion to compel discovery. 

D. Any Motions regarding discovery, including a Motion to Compel 

Discovery, must be filed within ten (10) calendar days after service of a deficient 

response or after the response to the discovery is due, whichever occurs first. Motions to 

Compel and other discovery motions must be accompanied by the relevant discovery 

requests and responses, and a declaration by the moving party, pursuant to Civ. R. 

37(a)(l), that the movant has conferred or attempted to confer in good faith with the party 

alleged to have failed to make discovery or disclosure. 

The Civ. R. 37(a)(l) declaration shall specifically indicate the efforts made by the 

movant to resolve the dispute and identify which discovery matters remain in dispute. 

Statements in opposition to discovery motions must be filed within ten (10) calendar 

days after service of the motion. The failure to timely file objections to discovery may 

result in the objections being.deemed waived. Belated service ofburdensome discovery 

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

requests. 

E. Each party must bring to the hearing at least three copies of any 

documents it intends to offer in evidence as exhibits (one for the Judge and two for the 

official reporter). The exhibits should be pre-marked. 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. At the hearing, there will be the opportunity for direct examination, crossexamination, redirect examination and re-cross-examination of each witness. Only one 

representative of a party may 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 ofEvidence will be utilized 

as a guideline in determining the admission of all evidence. 

G. Prior to the hearing date(s), if a party wishes to schedule oral argument on 

any motion, or set up any type oftelephone conference on the Judge's calendar, the party 

shall first confer with opposing counsel about mutually agreeable alternate dates, and 

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

Page 3 of 4 
6941) as soon as possible, with at least three (3) mutually-agreed, proposed alternate 

dates/times for the Judge's consideration. The movant shall be responsible for contacting 

the Office of Hearings. 

H. Stipulated Venue: The parties agreed that the venue location for the 

hearing is New York City, NY. 

I. 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 current name/address/phone 

number and fax number of the party's agent/new representative; 2) the date the Motion to 

Withdraw was served both on the party's agent/new representative and the opposing 

party; 3) the party's agent/new representative has been notified in writing of the pending 

hearing dates as well as any pending pre-hearing discovery deadlines and telephone 

conferences. 

J. 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 4 of 4 
SERVICE LIST- BY U.S. MAIL 

Federal Aviation Administration 

800 Independence A venue, S. W. 

Washington, DC 20591 

ORIGINAL & ONE COPY 

Attention: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building-Suite 2W1 0001 

Mr. Zachary M. Berman, Esq. 

Complainant's Counsel 

Office of the Regional Counsel 

Eastern Region 

Federal Aviation Administration 

1 Aviation Plaza 

Jamaica, NY 11434 

TEL: 718-553-3258 

FAJ{: 718-995-5699 

ONE COPY 

Mr. James Ehrig, Esq. 

Respondent's Counsel 

Eckert Sean1ru1s Cherin & Mellot, LLC 

1717 Pennsylvania Avenue, NW, 12th Floor 

Washington, DC 20006-4604 

TEL: 202-659-6672 · 

FAX: 202-659-6699 

jehrig@eckertseamans.com 

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. (El1-310) 

Washington, DC 20590 

TEL: 202-366-2142 

FAX: 202-366-7536 

FDMS Nos. FAA-2013-0044 

& FAA-2012-1263 

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 2Wl000, Washington, 

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