InThe Matter Of: 

## SERVED: June 4, 2013

U.S. DEPARTMENTOF TRANSPORTATION OFFICE OF HEARINGS WASHINGTON, DC

) ) DocketNo. FAA-2013-0044 NORTHEASTERN ) AVIATION, CORP. ) ) Case No. 2012EA210031 Respondent )

ORDER SETTING LITIGATION DATES AND PROCEDURES 

### -5 A

OnMay 14, 2013 an OrderResetting 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 litigationprocedural matters. Pursuantto 14 C.F.R. §§ 13.205(a)(1), (6), (7), 13.217, 13.220, and Civ. R. 16, and afterreviewing 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 withinitial disclosures pursuantto Civ. R. 26(a)(l)(A). 2. July 3, 2013: General Discovery Start Date: On orbefore 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 ofdeposition; subpoenas duces tecum; propounding interrogatories; requests for production ofdocuments; the disclosure ofexpert testimony pursuant to CR26(a)(2), etc. 3. Service oflnterrogatories. Pursuantto 14 C.F.R. §13.220(k)(l), a party shall not serve more than thirty (30) interrogatories to each other, and each subpart ofan interrogatory shall be counted as a separate interrogatory. 4. Objections to, and Motions Regarding, Interrogatories. Pursuantto 14 C.F.R. § 13.220(k), any objection(s) to interrogatories shall be filed within ten (10) days afterreceipt ofthe interrogatories. Pursuantto 14 C.F.R. § 13.220(m) andParagraph D herein, any motions to compel for deficient interrogatory response(s) shall be filed within ten (10) days after receipt ofthe objection or deficient answer. 5. August 23,2013: Deadline for Completing GeneralDiscovery. The last date for bothparties to finish responding and serving answers to all additional general discovery requests pursuantto CR26- CR 36 and 14 C.P.R. §13.220(b) and (e). This includes, but is not limitedto, the taking ofdepositions and serving responses to all Requests for Discovery. 6. August 30, 2013: SupplementalDiscovery Request Deadline. The last date for bothparties to complete exchange ofall supplemental discovery requests based onthe general discovery exchange, including but not limited to the notices of supplemental depositions, and other requests. 7. September 13,2013: Deadline for bothparties to finish taking supplemental depositions, and responding to and serving answers to all supplemental discovery requests pursuantto CR 26- CR 36 and 14 C.P.R. §13.220(i). 8. October 18,2013: Deadlines for FilingDispositive Motion(s). The last date for bothparties 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 (ifany). 9. November 14,2013: 10:30 a.m.-11:30 a.m. EST. Telephone conference for oral argument on dispositive motions. N.B. 

### Ifthe 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 ofExhibits due date. The last date for eachpartyto serve and file 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 ofeach 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 inLimine. 12. January 28,2014- January 29,2014: Hearing dates. Based onthe parties' agreement, the Hearing will take one and a half(1.5) days or less. The Hearing will beginon Tuesday, January 28, 2014 (9:00 a.m.- 5:00p.m.EST) inNew York City, NY, and end on Wednesday,January 29,

Page 2 of42014 (9:00 a.m.-12:00 p.m. EST). The specific location ofthe Hearing will be providedto the parties priorto the Hearing.

B. Requests for modification ofthe litigation dates set forth in paragraphA may be made by written Motion. Before filing such a Motion, however, the party seeking the modification shall contact the opposing party and seekto arrive at mutually convenient alternative date(s). Areport onthe result ofthis discussion shall be included bythe movant inthe ,Motion. C. Discovery requests or documents complying with discovery requests need notbe filed inthis case with the Office ofHearings, except as part ofa motion regarding disputed discovery, or as part ofa motion to compel discovery. D. Any Motions regarding discovery, including a Motionto Compel Discovery, must be filed within ten (10) calendar days after service ofa deficient response or afterthe response to the discovery is due, whichever occurs first. Motions to Compel and other discovery motions mustbe accompanied by the relevant discovery requests and responses, and a declaration by the moving party, pursuantto Civ. R. 37(a)(l),that the movant has conferred or attempted to confer in good faith withthe party allegedto have failed to make discovery or disclosure. The Civ. R. 37(a)(l) declaration shall specifically indicate the efforts made by the movantto resolve the dispute and identify which discovery matters remain in dispute. Statements in opposition to discovery motions mustbe filed within ten (10) calendar days after service ofthe motion. The failure to timely file objections to discovery may result inthe objections being.deemed waived. Belated service ofburdensome discovery requests may also be grounds for denial ofa motion to compel compliance with such requests. E. Each party must bring to the hearing at least three copies ofany documents it intends to offer in evidence as exhibits (one for the Judge and two for the official reporter). The exhibits shouldbe 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 ofeach witness. Only one representative ofa party may cross-examine a witness on behalfofthat party. Pursuantto 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 ofall evidence. G. Priorto the hearing date(s), ifa party wishes to schedule oral argument on any motion, or setup 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 ofHearings (202-366- Page

### 3 

### of46941) 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 ofHearings. H. Stipulated Venue: The parties agreed that the venue locationfor the hearing is New York City, NY. I. Attorney Withdrawal: Pursuantto 14 C.F.R. §13.218, an attorney who wishes to withdraw from representing a party must file a Motionto Withdraw. In this Motion, the attorney shall confirmthe following: 1) the current name/address/phone number and fax number ofthe party's agent/newrepresentative; 2)the date the Motionto Withdraw was served both onthe party's agent/newrepresentative andthe opposing party; 3) the party's agent/new representative has beennotified in writing ofthe pending hearing dates as well as any pending pre-hearing discovery deadlines and telephone conferences. J. For clarifications ofthis order or questions withregard to the procedures to be followed inthis case, please contact 

### Mr. Cody L. Smith, Attorney-Advisor atthe Office ofHearings (202-366-6941).

Attachment: Service List

Page 

### 4 of4SERVICE LIST- BY U.S. MAIL

Federal AviationAdministration 800 Independence Avenue, S.W. Washington, DC 20591 ORIGINAL & ONE COPY

Attention: Hearing Docket Clerk, AGC-430 Wilbur Wright Building-Suite2W10001

Mr. Zachary M. Berman, Esq. Complainant's Counsel Office ofthe Regional Counsel Eastern Region Federal Aviation Administration 1Aviation 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 PennsylvaniaAvenue, NW, 12thFloor Washington, DC 20006-4604 TEL: 202-659-6672· FAX: 202-659-6699 jehrig@eckertseamans.com Judge J.E. Sullivan U.S. Administrative LawJudge Office ofHearings, M-20 U.S. Department ofTransportation 1200NewJersey 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 orby 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.