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Inthe Matter of 

## SERVED JULY 9, 2012 U.S. DEPARTMENTOF TRANSPORTATION OFFICE OFHEARINGS WASHINGTON,DC 

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### ) ) DocketNo. 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 litigationprocedural 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 afterreviewing all relevant caselaw, regulation, statutory authority, and being fully advised; IT IS HEREBY ORDERED: A. The litigation dates and hearing dates are hereby setas follows: 1. July31,2012: 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 ExchangeDeadline. The last date for bothparties to exchange or serve all additional general discoveryrequests pursuant to CR26- CR 36 and 14 C.P.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 testimonypursuant to CR26(a)(2), etc. 4. Pursuantto 14 C.P.R. §13.220(k)(1), a party shall not serve more than thirty (30) interrogatoriesto each other, and each subpart ofan interrogatory shall be counted as aseparate interrogatory. , Page 

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## . :,5. October 1, 2012: Deadline for Responses to General DiscoveryRequests. The last date for bothparties 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 ofdepositions and serving responses to all Requests for Discovery. 6. October 12,2012: SupplementalDiscovery RequestDeadline. The last date for both parties to complete exchange ofall supplemental discovery requests based on the general discovery ex()hange, including but not limited to the notices of supplemental depositions, and otherrequests. 7. October31,2012: Deadline for bothparties to finish taking supplemental depositions, and responding to and serving answers to all supplemental discovery requests pursuant to CR26- CR 36 and 14 C.P.R. §13.220(i). 8. November30,2012: Deadlines for FilingDispositive Motion(s). The last date for bothparties to file any/all pre-hearing dispositivemotions, 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 (ifany). 9. January24,2013: 1:30pm-2:30pmEST.Telephone Conference for Oral Argument on Dispositive Motions. NB: Ifthe 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'sJune 5, 2011 Motion to LimitHearing to Issue ofSanction is still pending, and 

### willbe heard atthis conference ifnot argued at an earlier motion conference

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## .. 10. February 18,2013: List ofWitnesses Exchange ofExhibits due_ date. The last date for eachparty to serve and file the following: a) A list ofthe witnesses the partyintends 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 paragraphE, 

### 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 areato be determined. The specific location ofthe Hearing will be providedto the parties priorto the Hearing.

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### B. Requests for modification ofthe 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 opposingparty and seek to arrive at mutually convenient alternative date(s). A report onthe result ofthis discussion shall be included by the movant inthe Motion. C. Discoveryrequests or documents complying with discovery requests need not be 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 Motion to Compel Discovery, must be filed within ten (10) calendar days after service ofa 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 bythe movingparty, 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 ordisclosure. 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 oppositionto discovery motions must be filed within ten (lO).calendar days after service ofthe motion. The failure to timely file objections to discoverymay 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. Eachparty 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 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. Atthe hearhag, there will be the opportunity for direct examination, crossexamination, redirect examination and re-cross-examination ofeach witness. Only one representative ofaparty may cross-examine a witness on behalfofthat party. Pursuant to 14 C.P.R. §13.205 and 14 C.P.R. §13.222, the Federal Rules ofEvidence will be utilized as a guideline in determining the admission ofall evidence. G. Priorto the hearing dates, ifa party wishes to schedule oral argument on any motion, or set up 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 C. Diane Mays at the Office ofHearings (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 contactingthe Office ofHearings.

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### H. Other- Stipulated Venue: The parties agreed that the venue location for the hearing is Islip, NY. I. For clarifications ofthis 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 ofHearings.

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· tstrative LawJudge
Attachment: Service List

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.FDMS No. FAA-2010-0620 (Civil PenaltyProceeding) 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 2W1000 1 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 ZacharyM. Berman, Complainant's Counsel Attorney, Office ofthe Regional Counsel, EAL-7 Federal Aviation Administration 1Aviation Plaza Jamaica, NY 11434 TEL: 718-553-3258 FAX: 718-995-5699 The Honorable J. E. Sullivan,AdministrativeLawJttdge U.S. Department ofTransportation Office ofHearings, M-20 (E1 l'"-'310) 1200 NewJersey Avenue, S.E. Washington, DC 20590 TEL: 202-366-2132 FAX: 202-366-7536 '•

1 Service was byU.S. Mail. For service inperson orbyexpedited 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.