In The Matter Of: 

## SERVED: July 11, 2013
U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS WASHINGTON, DC

DocketNo. FAA-2013-0288 AVIONICS MASTERS, INC. ) ) ) ) ) Case No. 2012S0190209 Respondent



### ORDERSETTING RULE 16 LITIGATION SCHEDULING CONFERENCE AND DIRECTING RULE 26(f) PLANNING AND SUBMISSION 1) Rule 16 Litigation Scheduling Conference: Pursuant to 14 C.F.R. § 13.205(a)(l) and (7) and Civ. R. 16, the parties shall appear by telephone on Tuesday, September 

### 17,2013 at 

### 1:30 p.m. Eastern time for a Rule 16 Litigation Scheduling Conference. During this Conference the parties will discuss the issues inthe dispute, theirjointly submittedproposed scheduling/discovery plan (see paragraph 2 infra) and respond to any questions regarding disagreements not resolved in the proposed plan. During the Conference a final scheduling/discovery plan will be ruled upon, as well as any otherrelated matters pursuant to Rule 16(c). The Office ofHearings will initiatethe Conference by telephone call, contacting eachparty at the party'stelephone number ofrecord. A party mayprovide an alternate number bynotifying the Office ofHearings at least 24 hours prior to the Conference.
2) Parties' Rule 26(f) Planning Meeting and Submission ofProposedDiscovery Plan: Pursuant to 14 C.F.R. § 13.217 and Civ. R. 26(f),priorto convening with the Judge for the Rule 16 Litigation Scheduling Conference, the parties shall privately conduct a Rule 26(f) planning meeting and prepare ajointlywritten proposed scheduling/ discovery plan, whichmust be completed and filed withthe undersigned Judge on or before Tuesday, September 

### 10, 2013 (i.e. seven (7) calendar days before the Conference). The attorneys ofrecord and all unrepresented parties arejointly responsible for arranging the Rule 26(f) conference, and for attempting ingood faith to agree onthe proposed discovery plan.**(~** .• -:1 D ;· .:JO

Page 1 of2The parties' Rule 26(±) planning meeting shall include a good faith discussion aboutthe nature and basis ofeachparty's claims, the possibility ofresolving all orpart ofthe case, the scope and type ofdiscovery (including electronic discovery) and the place ofvenue 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 ofdeveloping their proposed scheduling/discovery plan. The parties' planning meeting should also include discussion about the sequence and timing offollow-up discovery, including whetherthat discovery should be conducted inphases to prepare for any filing ofparticularmotions (e.g., limiting scope oftrial, dispositive motions, etc). The deadlines inthe parties' proposed scheduling/discovery plan shouldbe mutually agreeable, with a viewto achieving case resolution with a minimum ofexpense and delay. Any unresolved scheduling/discovery disputes shouldbe clearly identified inthe proposedplan, so that these disputes may be addressed by the Judge during the Rule 16 Litigation Scheduling Conference. In addition to filing the proposed scheduling/discovery plan by regular mail filing with the Federal Aviation Administration Hearing Docket Clerk, the parties shall file a working copy of the scheduling/discovery plan with the undersigned Judge at the Office ofHearings by fax, express carrier, or personal delivery. The certificate ofservice shouldreflectthe manner of service.
3) Conflicts withRule 16 Litigation Scheduling Conference Date: Ifa party has an unavoidable conflict with the scheduled Rule 16 Litigation Scheduling Conference setinparagraph 1

### supra, and wishes to modify the date/time ofthe scheduled Conference, the party shall first conferwith opposing counsel about mutually agreeable alternate dates, and then contact Mr. Cody L. Smith, Attorney-Advisor atthe Office of Hearings (202-366-6941) as soon as possible after the receipt ofthis Order, with at least three (3) mutually-agreed, proposed alternate dates/times for the Judge's consideration.

Attachment: Service List

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SERVICE LIST -BYU.S. MAIL ORIGINAL & ONE COPY Federal AviationAdministration 800 Independence Avenue, S.W. Washington, DC 20591 Attention: Hearing Docket Clerk, AGC-430 Wilbur Wright Building-Suite 2W1000 1

Mr. Christopher R. Stevenson, Esq. 

### Complainant's Counsel ONE COPY

Attorney, Office oftheRegional Counsel, AS0-7 Southern Region Federal Aviation Administration P. 0. Box 20636 Atlanta, GA 30320 TEL: 404-305-5200 FAX: 404-305-5223 Mr. Charles L. Hunt, Jr. Mr. Vincent Sortino, 

### Respondent's Representative Avionics Masters, Inc., 1001 West Cypress Creek Road, Suite 309 Ft. Lauderdale, FL 33309 TEL: 954-491-2580 FAX: 954-491-5279
Judge J.E. Sullivan 

### US. Administrative LawJudge Office ofHearings, M-20 U.S. Department ofTransportation 1200 NewJersey Avenue, S.E. (E11-310) Washington, DC 20590 TEL: 202-366-2132 FAX: 202-366-7536 FDMS No. FAA-2013-0288 (Civil Penalty Action)

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.