# 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 CaseNo.: 201280090053 Judge J.E. SullivaR

# ECElVED MAR 27 2015 HEARING DOCKET

JOINT PROPOSED SCHEDULING AND DISCOVERY PLAN Pursuautto Rule 26(f), Fed. R. Civ. P., and this Court's Order ofJauuary 6, 2015, Respondent's counsel, Paul R. Borth, and FAA counsel, Deitrick H. Johnson, conferred on the contents ofthis proposed discovery plan. Pre-DiscoveryDisclosures. 1 Aprill5, 2015
Discovery Plan. The parties will exchange the information required by Fed. R. Civ. P. 26(a)(J).

The partiesjointlypropose to the Courtthe following discovery plan: Discoverywill be needed on the following subjects: 1) Complainaut's complaint allegations, defenses thatmay become applicable during discovery; 2) All other issues raised by the pleadings; 3) Any expert disclosures; 4) All other matters thatwill reasonably lead to the discovery ofadmissible evidence. Apri115, 2015 The parties shall bothpropound 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 orwitnesses 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 ofthe parties or leave ofCourt, the parties agree as follows: Each party shall be limited to 30 interrogatories (including subparts), 30 requests for admission, and 30 requests for production ofdocuments. Supplementations ofreports 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 ofthe session ofCourt atwhich the case is set for hearing, in conjunction with the other disclosures required byRule 26(a)(3). Undersigned counsel have discussed discovery procedures that minimize the risk ofwaiver ofprivilege orwork-product protection, including procedures for asserting privilege claims after production. This case should be ready for hearing on orby 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 ofMarch, 2015. /s/ Deitrick H. Johnson Complainant's Counsel Federal Aviation Administration Office ofthe Regional Counsel, AS0-7 Southern Region 1701 ColumbiaAvenue 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: 815-356-7042CERTIFICATE 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 LawJudge Office ofHearings, M-20 U.S. Department ofTransportation 1200 NewJersey Avenue, S.E. (Ell-310) Washington, DC 20590 VIAFAX: 202-366-7536 Federal AviationAdministration (Service by Mail) 800 Independence Avenue, S.W. Washington, DC 20591 Attention: Hearing Docket Clerk. AGC-430 DeitrickH. Johnson Complainant 's Counsel Federal Aviation Administration Office ofthe Regional Counsel, AS0-7 Southern Region 1701 ColumbiaAvenue 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 800WaukeganRoad Suite 200 Glenview, IL 60025 Tel. (847) 724-5520 Fax (815) 356-7042