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In the Matter of 

SERVED JULY 9, 2012 

U.S. DEPARTMENTOF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, DC ,.JUL f 0 

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Docket No. PAA-2010-0620 

DIAMOND AIR CHARTER, INC. 

Case No. CP10 EA 0004 

Respondent 

ORDER 

SETTING LITIGATION DATES AND PROCEDURES 

On June 6, 2012 an Order Granting Continuance ofPifth Litigation Scheduling 

Conference was filed. 

On July 9, 2012, the parties appeared by telephone fora Rule 16 Litigation 

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

litigation procedural matters. Pursuant to 14 C.P.R. §13.205(a)(l), (6) and (7), Civ. R. 16, 

14 C.P.R. §13.217, and 14 C.P.R. §13.220, 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. July 31, 2012: Initial Discovery exchange deadline. The last date for the 

parties to serve each other with initial discovery requests. 

2. August 15, 2012: r>eadline for Responses to Initial Discovery requests. The due 

date for the parties to respond to initial discovery requests. 

3. September 1, 2012: General Discovery Exchange Deadline. The last date for 

both parties to exchange or serve 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: notices of deposition; subpoenas duces tecum; propounding 

interrogatories; requests for production of documents; the disclosure of expert 

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

4. Pursuant to 14 C.P.R. §13.220(k)(1), a party shall not serve more than thirty (30) 

interrogatories to each other, and each subpart of an interrogatory shall be counted 

as aseparate interrogatory. , 

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5. October 1, 2012: Deadline for Responses to General Discovery Requests. 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. October 12, 2012: Supplemental Discovery Request Deadline. The last date for 

both parties to complete exchange of all supplemental discovery requests based 

on the general discovery ex()hange, including but not limited to the notices of 

supplemental depositions, and other requests. 

7. October 31,2012: 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. November 30,2012: 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) December 14,2012: Deadline for filing Answer to Dispositive Motion(s); 

b) January 11,2013: Deadline for filing Reply (if any). 

9. January 24,2013: 1:30pm-2:30pm EST.Telephone Conference for Oral 

Argument on Dispositive Motions. NB: If the parties do not file dispositive 

motions, then this Telephone Conference will be automatically converted and 

held as a Pre-Hearing Status Conference. In addition, the FAA's June 5, 2011 

Motion to Limit Hearing to Issue of Sanction is still pending, and will be 

heard at this conference if not argued at an earlier motion conference . .. 

10. February 18,2013: List of Witnesses 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. March 12,2013: Deadline for Filing Pre-Hearing Brief. 

12. Thursday, March 27,2013: Hearing date. 

The parties agree that the Hearing will take one day or less. The one day 

Hearing will begin and end on Thursday, March 27, 2013 (9:30am-5:00pm) in 

an area to be determined. The specific location of the Hearing will be provided to 

the parties prior to the Hearing. 

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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 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)(1) 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 (lO).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 of burdensome 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 hearhag, 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.P.R. §13.205 and 14 C.P.R. §13.222, the Federal Rules of Evidence will be utilized 

as a guideline in determining the admission of all evidence. 

G. Prior to the hearing dates, if a party wishes to schedule oral argument on 

any motion, or set up any type of telephone conference on the Judge's calendar, 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, 

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. 

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

the hearing is Islip, NY. 

I. For clarifications of this order or questions with regard to the procedures 

to be followed in this case, please contact Legal Assistant C. Diane Mays at (202) 366-

2132 at the Office of Hearings. 

IVan 

· tstrative Law Judge 

Attachment: Service List 

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I 

. FDMS No. FAA-2010-0620 

(Civil Penalty Proceeding) 

SERVICE LIST- BY U.S. MAIL and FAX 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Washington, DC 20591 

ORIGINAL & ONE COPY 

Attention: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building-Suite 2W1 0001 

ONE COPY 

Gregory S. Winton, Respondent's Counsel 

Aviation Law Experts 

One Research Court, Suite 450 

Rockville, MD 20850 

·TEL: 301-294-8550 

FAX: 301-294-2525 

Zachary M. Berman, Complainant's Counsel 

Attorney, Office of the Regional Counsel, EAL-7 

Federal Aviation Administration 

1 Aviation Plaza 

Jamaica, NY 11434 

TEL: 718-553-3258 

FAX: 718-995-5699 

The Honorable J. E. Sullivan, Administrative Law Jttdge 

U.S. Department of Transportation 

Office of Hearings, M-20 (E1 l'"-'310) 

1200 New Jersey Avenue, S.E. 

Washington, DC 20590 

TEL: 202-366-2132 

FAX: 202-366-7536 

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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.