UNITED STATES OF AMERICA BEFORETHE U.S. DEPARTMENT OF TRANSPORTATION, 

## 1,-ARII\lG OFFICE OF HEARINGS 

### I.t::. · 1 · WASHINGTON, DC
In The Matter Of: JETBLUEAIRWAYS CORPORATION Respondent. ) ) ) ) ) ) ) 

# ________________________) 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 December8, 2014 Orderofthe Administrative law Judge:
Parties' Planning Meeting: A teleconference was held on January 21, 2015. At the teleconference, the parties discussed the nature and basis ofeach party's claims, the possibility of resolving all or part ofthe case, the scope and type ofdiscovery and the place ofthe 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 pursuantto 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 avoluntary dismissal of the action. JetBiue intends to request permission to file a motion to dismissthe Complaint on these grounds and also to request astay ofdiscoverywhile 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 thatthatthe action is not time-barred pursuantto 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 avoluntarydismissal ofthe action. TheAgency understandsthatJetBiue intends to request permission to file a motion to dismiss the Complaint on these grounds and also to request a stay of discoverywhile the motion is pending. Finally, in that discussion, theparties were notable to agree on a schedule based upon JetBiue's position thatthe action is time-barred, and JetBiue's intention to request permission to file a motion to dismiss priorto discovery. Litigation Scheduling Conference: February 10,2015: (1:30 p.m., telephone). JetBiue proposes stay ofdiscovery pending resolution of Motion to Dismiss.
Deadlinefor Initial Disclosures: Parties propose February 24, 2015: (F.R.C.P. 26(a)(1)(A)). JetBiue proposes subjectto 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 daysto respond; subjectto stay. JetBlue proposes July 1, 2015: Follow-up discovery requests. The partieswill have 30 daysto respond. (14 C.F.R. Sec. 13.220)-(subjectto stay). JetBiue proposes August 3, 2015: Depositions commence. (14 C.F

### .R. Sec. 13.220)-(subjectto stay). JetBlue proposes October 15, 2015: Deadline for Completing General Discovery (14 C.F.R. Sec. 13.220).
Deadlinefor Filing Dispositive Motions: Agency proposes June 11, 2015: Deadlinefor Filing Dispositive Motions. JetBiue proposes March 10, 2015: Motion to Dismiss. -March24, 2015: Opposition. 2-March 31, 2015: Reply. JetBiue proposes November 16, 2015: Deadline for Filing Dispositive Motions. ExpertWitness 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 ofthe basis ofthatopinion); JetBiue proposes September 2, 2015: FAA ExpertWitness Disclosures JetBiue proposes October 2, 2015: JetBiue ExpertWitness Disclosures Pre-hearing Status Conference: Agency proposesJuly23, 2015: Pre-hearing Status Conference (Telephone); JetBiue proposes as Ordered by the Court: Pre-hearing Status Conference (Telephone);
List ofWitnesses/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 orothertangible evidence); Hearing Dates: Agency proposes October 1-2, 2015: Hearing Dates (9:00a.m. to 5:00p.m. in New York City, NewYork). JetBiue proposes week of December 7, 2015: Proposed Hearing Dates (9:00a.m. to 5:00p.m. in NewYork City, New York).

3Respectfully submitted, 

### Forthe ComplainantAgency: lsi Christian Lewerenz Attorney Federal Aviation Administration Eastern Region Office of Regional Counsel 

### 1Aviation Plaza. Room 

### 561 Jamaica, NY 

### 11434 Tel: 

### 718-553-3273 Fax: 

### 718-995-5699 E-Mail: christian.lewerenz@faa.gov

For

### the RespondantJetBlua: Is! Steven Raffaele Holland 

### &Knight 

### 31 West

### 52nd Street NewYork, NY 

### 10019 Tel: 

### 212-513-3249 Fax: 

### 212-385-9010 E-Mail: steven.raffaele@hklaw.com

4CERTIFICATE OF SERVICE I hereby certify that on this date copies ofthe Joint Proposed Scheduling/Discovery Plan was sentto the following:
The Honorable J.E. Sullivan (by Fax) U.S. Administrative Law Judge Office ofHearings, M-20 U.S. DepartmentofTransportation 1200 NewJerseyAvenue, S.E. (E11-310) 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 NewYork, NY 10019 Tel: 212-513-3249 Fax: 212-385-9010 E-Mail: steven.raffaele@hklaw.com
Federal Aviation Administration (by Certified Mail) 800 IndependenceAvenue, S.W. Washington, DC 20591 Attn: Hearing Docket Clerk, AGC-430 WilburWright Building- Suite 2W1000

Dated: Februarv4, 2015

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