In The Matter Of: WINGS AIR, LLC Respondent 

## SERVED: JANUARY 30, 2014
U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS WASHINGTON, DC
) ) ) ) ) DocketNo: FAA-2013-0849 Case No. 2012EA110052

ORDER SETTING RULE 16 LITIGATION SCHEDULING CONFERENCE AND DIRECTING RULE 26(t) PLANNING AND SUBMISSION 1) Rule 16 Litigation Scheduling Conference: Pursuant to 14 C.F.R. 

### § 13.205(a)(1) and (7) and Civ. R. 16, the parties shall appear by telephone on 

### Tuesday, March 18,2014 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 submitted proposed scheduling/discovery plan (see paragraph 2 

### infra) and respond to any questions regarding disagreements not resolved in the proposedplan, During·the Conference a final scheduling/discovery plan will be ruled upon, as well as any otherrelated matters pursuantto Rule 16(c). The parties shall access the Conference by dialing 202-493-2373.
2) Parties' Rule 26(f) Planning Meeting and Submission ofProposed Discovery Plan: Pursuant to 14 C.F.R. 

### § 13.217 and Civ. R. 26(f),priorto convening withthe Judge for the Rule 16 Litigation Scheduling Conference,the parties shall privately conduct a Rule 26(t) planning meeting and prepare ajointly written proposed scheduling/ discovery plan, which must be completed and filed withthe undersigned Judge on orbefore 

### Tuesday, March 11, 

### 2014 (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 in good faith to agree on the proposed discovery plan. The parties' Rule 26(f) planning meeting shall include a good faith discussion about the nature and basis ofeachparty's claims, the possibility ofresolving all or

### part ofthe case, the(
scope andtype ofdiscovery (including electronic discovery) andtheplace ofvenue for hearing. During this meeting, the parties shall discuss matters identified in 14 C.F

### .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 andtiming offollow-up discovery, including whetherthat discovery should be conducted inphases to prepare for any filing ofparticular motions (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. Anyunresolved scheduling/discovery disputes shouldbe clearly identified inthe proposed plan, so thatthese disputes may be addressedby the Judge during the Rule 16 Litigation Scheduling Conference; In addition to filing the proposed scheduling/discovery planbyregular mail filing withthe 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 byfax, express carrier, or personal delivery. The certificate ofservice shouldreflectthe manner of service.
3) Conflicts with Rule 16 Litigation Scheduling Conference Date: Ifa party has an unavoidable conflict withthe Scheduled Rule 16 Litigation Scheduling Conference set inparagraph 1

### supra, and wishes to modify the date/time ofthe scheduled Conference, the party shall first confer with 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 conside tion.

Attachment: Service List

Page 2 of2FDMS No. FAA-2013-0849 (Civil Penalty Action) 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

Mr. Zachary M. Berman 

### Complainant's Counsel Office ofthe Regional Counsel, Eastern Region Federal Aviation Administration 1 Aviation Plaza Jamaica, NY 11434 TEL: 718-553-3258 FAX: 718-995-5699

Mr. Jared M. Allen 

### Respondent's Counsel The Aviation Law Firm One Research Court, Suite 450 Rockville, MD 20850 TEL: 301-294-8550 FAX: 301-294-2525 Judge J.E. Sullivan 

### US. Administrative LawJudge Office ofHearings, M-20 U.S. Department ofTransportation 1200 New Jersey Avenue, S.E. (E11-310) Washington, DC 20590 TEL: 202-366-2132 FAX: 202-366-7536 ONE COPY

Wings Air, LLC 

### Respondent Javier Diaz, Agent for Service 18 Hanger Road, Suite 200, Hanger T White Plains, NY 10604 TEL: 914-287-6450 FAX: 914-274-9855

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 2W1000, Washington, DC 20591; Attention: Hearing Docket Clerk, AGC-430.