UNITED STATES OF AMERICA 

BEFORE THE 

U.S. DEPARTMENT OF TRANSPORTATION, 1,-ARII\lG 

OFFICE OF HEARINGS I. t::. · 1 · 

WASHINGTON, DC 

In The Matter Of: 

JETBLUE AIRWAYS 

CORPORATION 

Respondent. 

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Docket No. FAA-2014-0813 

Case No.2012EA150022 

JOINT PROPOSED SCHEDULING/DISCOVERY PLAN 

The parties hereby submit a written proposed scheduling and discovery plan, pursuant to 

the December 8, 2014 Order of the Administrative law Judge: 

Parties' Planning Meeting: 

A teleconference was held on January 21, 2015. At the teleconference, the parties 

discussed 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 and the place of the venue for the hearing in 

this matter. 

On February 3, 2015, JetBiue Airways Corporation ("JetBiue") sent the Federal Aviation 

Administration ("FAA" or "Agency") a letter by email, describing its defenses to the alleged 

violations that occurred in 2011 and 2012, including, inter alia, that the action is timebarred pursuant to 49 U.S.C. § 46301(7)(C) and 14 C.F.R. § 13.208(d), and also untimely, 

unfair, unreasonable, and stale pursuant to the FAA guidance principles as described in 

FAA Order 2150.38. JetBiue also requested the Agency consider a voluntary dismissal of 

the action. JetBiue intends to request permission to file a motion to dismiss the Complaint 

on these grounds and also to request a stay of discovery while the motion is pending. 

A follow-up teleconference was held on Februa1y 4, 2015, during which the parties 

discussed JetBiue's February 3, 2015 letter and the proposed discovery plan. In that 

discussion, the Agency advised JetBiue that that the action is not time-barred pursuant to 

49 U.S.C. § 46301(7)(C) or 14 C.F.R. § 13.208(d), and is not untimely, unfair, 

unreasonable, or stale pursuant to FAA guidance principles as described in FAA Order 

2150.38. In that discussion, the Agency also advised JetBiue that the Agency will not 

consider a voluntary dismissal of the action. The Agency understands that JetBiue intends 

to request permission to file a motion to dismiss the Complaint on these grounds and also 

to request a stay of discovery while the motion is pending. Finally, in that discussion, the 
parties were not able to agree on a schedule based upon JetBiue's position that the action 

is time-barred, and JetBiue's intention to request permission to file a motion to dismiss 

prior to discovery. 

Litigation Scheduling Conference: 

February 10,2015: (1:30 p.m., telephone). 

JetBiue proposes stay of discovery pending resolution of Motion to Dismiss. 

Deadline for Initial Disclosures: 

Parties propose February 24, 2015: (F.R.C.P. 26(a)(1)(A)). 

JetBiue proposes subject to stay. 

Discovery: 

Agency proposes March 5, 2015: General Discovery Initiated (14 C.F.R. Sec. 13.220). 

Agency proposes May 28, 2015: Deadline for Completing General Discovery (14 C.F.R. 

Sec. 13.220). 

JetBiue proposes May 1, 2015: General Discovery Initiated. The parties will have 

30 days to respond; subject to stay. 

JetBlue proposes July 1, 2015: Follow-up discovery requests. The parties will have 

30 days to respond. (14 C.F.R. Sec. 13.220) -(subject to stay). 

JetBiue proposes August 3, 2015: Depositions commence. (14 C.F .R. Sec. 

13.220) -(subject to stay). 

JetBlue proposes October 15, 2015: Deadline for Completing General Discovery 

(14 C.F.R. Sec. 13.220). 

Deadline for Filing Dispositive Motions: 

Agency proposes June 11, 2015: Deadline for Filing Dispositive Motions. 

JetBiue proposes March 10, 2015: Motion to Dismiss. 

-March 24, 2015: Opposition. 

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-March 31, 2015: Reply. 

JetBiue proposes November 16, 2015: Deadline for Filing Dispositive Motions. 

Expert Witness Discloures: 

Agency proposes April 30, 2015: Expert Witness Disclosures (Name of witness, the 

witness' resume or qualifications, and the witness' written report or statement of opinion, 

including disclosure of the basis of that opinion); 

JetBiue proposes September 2, 2015: FAA Expert Witness Disclosures 

JetBiue proposes October 2, 2015: JetBiue Expert Witness Disclosures 

Pre-hearing Status Conference: 

Agency proposes July 23, 2015: Pre-hearing Status Conference (Telephone); 

JetBiue proposes as Ordered by the Court: Pre-hearing Status Conference 

(Telephone); 

List of Witnesses/Exchange of Exhibits: 

Agency proposes August 13, 2015: List of Witnesses/Exchange of Exhibits (List of 

witnesses each party intends to call to testify at the hearing; brief summary of the 

testimony expected from each witness; each expert witness' resume; documents or other 

tangible evidence each party intends to use at hearing, pre-marked "C-1 ", C-2", etc. for 

Complainant and ''R-1", "R-2", etc. for Respondent; index cover sheet with a brief 

descripotion of each document or other tangible evidence); 

Hearing Dates: 

Agency proposes October 1-2, 2015: Hearing Dates (9:00a.m. to 5:00p.m. in New York 

City, New York). 

JetBiue proposes week of December 7, 2015: Proposed Hearing Dates (9:00a.m. 

to 5:00p.m. in New York City, New York). 

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Respectfully submitted, 

For the Complainant Agency: 

lsi 

Christian Lewerenz 

Attorney 

Federal Aviation Administration 

Eastern Region 

Office of Regional Counsel 

1 Aviation Plaza. Room 561 

Jamaica, NY 11434 

Tel: 718-553-3273 

Fax: 718-995-5699 

E-Mail: christian.lewerenz@faa.gov 

For the Respondant JetBlua: 

Is! 

Steven Raffaele 

Holland & Knight 

31 West 52nd Street 

New York, NY 10019 

Tel: 212-513-3249 

Fax: 212-385-9010 

E-Mail: steven.raffaele@hklaw.com 

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CERTIFICATE OF SERVICE 

I hereby certify that on this date copies of the Joint Proposed Scheduling/Discovery Plan 

was sent to the following: 

The Honorable J.E. Sullivan (by Fax) 

U.S. Administrative Law Judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

1200 New Jersey Avenue, S.E. (E11-31 0) 

Washington, DC 20590 

Tel: 202-366-6941 

Fax: 202-366-7536 

Michael Carbone (by E-Mail) 

JetBiue- Associate General Counsel 

27-01 Queens Plaza North 

Long Island City, NY 11101 

Tel: 718-709-2276 

Fax: 718-709-3631 

E-Mail: michael.carbone@jetblue.com 

Steven Raffaele (by E-Mail) 

Holland & Knight 

31 West 52"d Street 

New York, NY 10019 

Tel: 212-513-3249 

Fax: 212-385-9010 

E-Mail: steven.raffaele@hklaw.com 

Federal Aviation Administration (by Certified Mail) 

800 Independence Avenue, S.W. 

Washington, DC 20591 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building- Suite 2W1 000 

Dated: Februarv 4, 2015 

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