## SERVED JULY 2, 2012 U.S. DEPARTMENT OF TRANSPORTATION

In The Matter Of: DANIEL QUINONEZ Respondent 

### OFFICE OF HEARINGS WASHINGTON, DC

) ) ) ) ) DocketNo. FAA-2012-0473 CaseNo. 2012 EA 610020 

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ORDER SETTINGRULE 16 LITIGATION SCHEDULING CONFERENCE,AND DIRECTING RULE 26(f) PLANNING AND SUBMISSION 1) Rule 16 Litigation Scheduling Conference: Pursuantto 14 C.P.R. §13.205(a)(l) and (7) and Civ. R. 16, the parties shall appearby telephone on

### Friday, August 10,2012 at ll:OOam Eastern time for a Rule 16 Litigation Scheduling Conference. During this Conference the parties will discuss the issues inthe dispute, their jointly submitted proposed scheduling/discoveryplan (see paragraph 2 

### infra) and respond to any questionsregarding disagreements not resolved in the proposed plan. During the Conference a final scheduling/discovery plan will be ruled upon, as well as any otherrelatedmatters pursuant to Rule 16(c). The Office ofHearings will initiate the Conference bytelephone call, contacting eachparty at the party's telephone number ofrecord. A party may provide an alternate number by notifyingthe Office ofHearings at least 24 hours priorto the Conference.

2) Rule 26(t) Attorneys' PlanningMeeting, and SubmissionofProposed Discovery Plan: Pursuantto 14 C.F.R. §13..217 and Civ. R. 

### 26(f),priorto convening withtheJudge for the Rule 16 Litigation Scheduling Conference, theparties shall privately conduct**a~ule** 26(f) planning meeting and prepare ajointly writtenproposed scheduling/discoveryplan, whichmustbe completed and filed withthe undersigned Judge on or before 

### Thursday,August 2, 2012 (i.e., seven (7) calendar days before the Conference). In additionto filing the proposed scheduling/discoveryplanbyregularmail filing withthe U.S. Department ofTransportation'sDocket Office, theparties shall file a working copy ofthe scheduling/discoveryplanwiththe underPage 1of2signed Judge at the Office of Hearings by fax, express carrier, or personal delivery. The certificate of service should reflect the manner of service. The parties' Rule 26(f) .planning meeting shall include a good faith discussion about the nature and basis of each party's claims, the possibility of resolving all or part of the case, the scope and type of discovery (including electronic discovery) and the place of venue for hearing. During this meeting, the parties shall discuss matters identified in 14 C.P.R. §13.217 and Rule 26(f)(2) and (3) as part of developing their proposed scheduling/discovery plan. The parties' planning meeting should also include discussion about the sequence and timing of follow-up discovery, including whether that discovery should be conducted in phases to prepare for any filing of particular motions (e.g., limiting scope of trial, dispositive motions, etc). The deadlines in the parties' proposed scheduling/discovery plan should be mutually agreeable, with a view to achieving case resolution with a minimum of expense and delay. Any unresolved scheduling/discovery disputes should be clearly identified in the proposed discovery plan, so that these disputes may be addressed by the Judge during the Rule 16 Litigation Scheduling Conference. 3) Conflicts with Rule 16 Litigation Scheduling Conference Date: If a party has an unavoidable conflict with the scheduled Rule 16 Litigation Scheduling Conference set in paragraph 1 supra, and wishes to modify the date/time of the s9heduled Conference, the party shall first confer with opposing counsel about mutually agreeable alternate dates, and then contact C. Diane Mays at the Office of Hearings (202-366-2132) as soon as possible after receipt of this Order, with at least three (3) mutually-agreed, proposed alternate dates/times for the Judge's consideration. Attachment: Service List Page 2 of2**~~-t** \·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 2W1000 1 ONE COPY Daniel Quinonez, Respondent c/o Frances Vargas- Respondent'sdaughter 1

012 Eastern Avenue Fall River, MA 02723 TEL: 508-496-8710 R. Bennett Sargent, Complainant's Counsel Office ofthe Regional Counsel New England Region Federal AviationAdministration 12 England Executive Park, ANE-7 Burlington, MA 01803 TEL: 781-238-7058 FAX: 781-238-7055 The Honorable J.E. Sullivan,AdministrativeLawJudge Office ofHearings, M-20 U.S. Department ofTransportation 1200 NewJersey Avenue, S.E. (Ell-310) Washington, DC 20590 TEL: 202-366-2132 FAX: 202-366-7536 FDMS NO. FAA-2012-0473 (Civil Penalty Action)

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1 For service in person orby expedited courier, use the following address: Federal Aviation Administration, 600 Independence Avenue, S.W., Wilbur Wright Building-Suite2Wl000, Washington,DC 20591; Attention: Hearing Docket Clerk, AGC-430. · 

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