In The Matter Of: PUERTO RICO 

## SERVED: August 16, 2016 U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS WASHINGTON, DC

DocketNo. FAA-2013-1086 POLICE DEPARTMENT ) ) ) ) ) ) CaseNo. 2011S0190181 Respondent


### ORDERRESETTING THE RULE 16 LITIGATION SCHEDULING CONFERENCE AND DIRECTING SUBMISSION OF A NEW RULE 26(t) SCHEDULING/DISCOVERY PLAN
On October 22, 2014, an OrderContinuingthe Rule 16 Litigation Scheduling Conference was filed. Among otherthings, this Orderheld that the Rule 16 Litigation Scheduling Conference would be rescheduled after a ruling had been issued on the FAA's July 21,2014 Motion to Deem Admitted. On August 15,2016 an OrderDenyingthe FAA's Motion, Accepting the Respondent's Answser, and Granting/Denying Other Reliefwas filed. Pursuantto 14 C.F.R. 

### § 13.205(a)(l) and (6), and after reviewing all relevantcaselaw, regulation, statutory authority, and being fully advised;



### IT IS HEREBY ORDERED:
1. 

### Rule 16 Litigation Scheduling Conference Pursuant to 14 C.F.R. § 13.205 and Civ. R. 16, the parties shall appear by telephone on 

### Thursday, October 13, 2016, at 10:30 a.m. Eastern time for a Rule 16 Litigation Scheduling Conference. Duringthis Conferencethe parties will discuss the issues in the dispute, their jointly submitted proposed scheduling/discovery plan (see paragraph 2 inj'ra) and respond to any questions regarding disagreements not resolved in the proposed plan. During the Conference afinal scheduling/discovery plan will be ruled upon, as well as any other related matters pursuant to Rule 16(c). The parties shall access the Conference by dialing 888-278-0296, and when prompted, enteringaccess code 585I842. 

### 2. Parties' Rule 26(f) PlanningMeeting, Filing ofProposed Discovery/Scheduling Plan Pursuant to 14 C.F.R. § 13.205(a)(6) and Civ. R. 26(f),priorto convening with theJudge for the Rule 16 Litigation Scheduling Conference, the partiesshall privately conduct a Rule 26(f) planningmeeting and prepare ajointlywrittenproposed scheduling/discovery plan, which must be completed and filed with the undersigned Judge 

### on or before Thursday, October6, 2016 (i.e. at least seven (7) calendar days before the Conference). The parties' Rule 26(f) planning meeting shall include a good faith discussion about the nature and basis ofeach party's claims, the possibility ofresolving all orpart ofthe case, the scope and type ofdiscovery (including electronic discovery) and the place ofvenue for hearing. During this meeting, the parties shall discuss matters identified in 14 C.F.R. 

### § 13.217 and Rule 26(t)(2) and (3) as part ofdeveloping their proposed scheduling/discovery plan. Theparties' planning meeting should also include discussion about the sequence and timing offollow-up discovery, including whether that discovery should be conducted in phases to prepare for any filing ofparticularmotions (e.g., limiting scope oftrial, dispositive motions, etc.). The proposed discovery deadlines in the parties' proposed scheduling/discovery plan should be mutually agreeable, with a view to achieving case resolution with a minimum of expense and delay. Any unresolved scheduling/discovery disputes should be clearly identified in the proposed plan, so that these disputes may be addressed by the Judge during the Rule 16 Litigation Scheduling Conference. The attorneys and any unrepresentedparties arejointlyresponsible for arranging the Rule 26(f) conference, and for attempting in good faith to agree on the proposed scheduling/discovery plan. Ifin the rare instance a party fails to meet and discuss the issues in good faith, the other party- who has attempted to meet and confer- should file a unilateral plan by the deadline, and explainthe circumstances which necessitated a unilateral submission.

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### 3. Filingand ServingDocuments Pursuant to 14 C.F.R. § 13.211(a), a copy ofany document a party files with the Federal Aviation Administration Hearing Docket ("Hearing Docket") must also be separately filed with the undersigned, and served upon the opposing party. 

### 4. Compliancewith Court-Ordered Deadline Dates WhenevertheJudge orders the partiesto file documents by a specific deadline date (see, e.g., paragraph 2 above) suchdeadline date is the dateby whichthe documents must be datestamped received at the Office ofHearings. To ensure compliance with this and any future Orders settingdeadlines, the parties are encouraged to fax or personally deliver a copy oftheir documents to the Office ofHearings (Fax: 202-366-7536), on orbefore the deadline date. Failure ofa party to timely file documentsby the court-ordered deadline could lead to the party's position not being considered. 

### 5. Conflicts with the Rule 16 Litigation Scheduling Conference Date: Ifaparty has an unavoidable conflictwith the Scheduled Rule 16 Litigation Scheduling Conference set in paragraph 1

### supra, and wishes to modifythe date/time ofthe scheduled Conference, 

### the party shall first conferwith opposing counsel about mutually agreeable alternate dates, and then contact Mrs. Rachael Brown, Judicial StaffAssistant, at the Office of Hearings (202-366-2132) as soonas possible afterthe receipt ofthis Order, with at least three (3) 

### mutually-agreed, proposed alternate dates/timesfor theJudge's consideration.

Attachment: Service List

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### SERVICE LIST- BY 

### U.S. MAIL

Federal Aviation Administration 800 Independence Avenue, S.W. Washington, DC 20591 ORIGINAL & ONE COPY

Attention: Hearing Docket Clerk, AGC-430 Wilbur Wright Building--Suite2W1000 1

Mr. Christopher R. Stevenson 

### Complainant's Counsel Office ofthe Regional Counsel, AS0-7 Southern Region Federal Aviation Administration 1701 ColumbiaAvenue College Park, GA 30337 TEL: 404-305-5200 FAX: 404-305-5223 Ms. Nazihra M. Abdulrahman Soler Ms. Betmar R. Lopez Pagan 

### Respondent's Counsel Puerto Rico Police Department Office ofLegal Affairs ONE COPY

P.O. Box 71200 San Juan, P.R. 00936 TEL: 787-793-1234 ext. 3067, 2203 FAX: 787-781-7993 Judge J.E. Sullivan U.S. 

### Administrative LawJudge Office ofHearings, M-20 U.S. Department ofTransportation 1200NewJersey Avenue, S.E. (E11-310) Washington, DC 20590 TEL: 202-366-6941 FAX: 202-366-7536 Docket No. FAA-2013-1086 (Civil Penalty Action)

1Service was by U.S. Mail. For any future service in person or by expedited courier, use the following address: Federal Aviation Administration, 600 Independence Avenue, S.W., Wilbur Wright Building-Suite 2WIOOO, Washington, DC 20591; Attention: Hearing Docket Clerk, AGC-430.