### In The Matter Of: CLELIA AYALA Respondent 

## SERVED: December 10, 2012 U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS W ASIDNGTON, DC
) ) ) ) ) 

### DocketNo. FAA-2012-0910 Case No. 2010S0290061 j 

### l

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 appearby telephone on Tuesday, February 12,2013, at·1:'30 p.m. Eastern time 

### for a Rule 16 Litigation Scheduling Conference. During this Conference the parties will discuss the issues in the dispute, theirjointly submitted proposed scheduling/discovery plan (see paragraph 2 infra) 

### and respond to any questions regarding disagreements notresolved inthe 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 initiate the**Confer~nce** 

### by telephone call, contacting each party at the party's telephone number ofrecord. Aparty may provide an alternate number by notifying the Office ofHearings at least 24 hours prior to the Conference. 2) Parties' Rule 26(t) Plarining Meeting and Submission ofProposed Discovery Plan: Pursuant to 14 C.F.R. 

### § 13.217 and Civ. R. 26(f),prior

### to convening with the Judge**forth~** 

### Rule 16 Litigation Scheduling Conference, the parties shall privately conduct a Rule 26(f) planning meeting and prepare ajointly written proposed scheduling/ discovery plan, which must be completed and filed with the undersigned Judge on orbefore Tuesday, February5, 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 in good faith to agree on the proposed discovery plan.The parties' Rule 26(t) 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. Duringthis meeting, the parties shall discuss matters identified in 14 C.F.R. § 13.217 and Rule 26(f)(2) and (3) as part ofdeveloping theirproposed scheduling/discovery plan. The parties' planning meeting should also include discussion about the sequence and timing offollow-up discovery, including whether that 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 should be mutually agreeable, with a viewto achieving case resolution with a minimum ofexpense and delay. Any unresolved scheduling/discovery disputes should be clearly identified in the proposed plan, so thatthese disputes may be addressed by the Judge during the Rule 16 Litigation Scheduling Conference. In addition to filing the proposed scheduling/discovery planbyregular mail filing withthe U.S. Department ofTransportation's Docket Office, the parties shall file a working copy ofthe scheduling/discovery plan with the undersigned Judge atthe Office ofHearings by fax, express carrier, orpersonal delivery. The certificate ofservice should reflectthe manner of service.
3) Conflicts with Rule 16 Litigation Scheduling Conference Date: Ifa party has anunavoidable conflict with the Scheduled Rule 16 Litigation Scheduling Conference set in paragraph 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 C. Diane Mays at the Office ofHearings (202-366-2132) as
I soon as possible afterthe receipt ofthis Order, with at least three (3) mutually-:agreed, proposed alternate dates/times for the Judge's consideration.

Attachment: Service List

Page 2of3

### DocketNo. FAA-2012-0910 (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 2W10001



### Mr. William P. Vines, Esq. 

### Complainant's Counsel Office of**th~** 

### Regional Counsel, AS0-7· Southern Region Federal Aviation Administration P.O. Box 20636 Atlanta, GA 30320 TEL: 404-305-5200 FAX: 404-305-5223 Ms. Clelia Ayala 

### Respondent 235 Sidonia Avenue,· Apt. 307 Coral Gables, FL 33134 Judge J.E. Sullivan 

### U.S. Administrative LawJudge Office ofHearings, M-20 U.S. Department ofTransportation

. 1200 New Jersey Avenue, S.E. (E11-310)

WasQington, DC 20590 TEL: 202-366-2142 FAX: 202-366-7536 ONE COPY



### Ms. CleliaAyala 

### Respondent 11175 Georgia Avenue, Apt. 603 Wheaton, MD 20902 TEL: 305-588-9397

1 For service in person orby 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. Page 3 of3