## SERVED: AUGUST 14, 2014
U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS**~** :·. .**~** l 

### WASHINGTON, DC**'~** i**~)**

In The Matter Of: COMAIR, INC. Respondent ) ) ) ) ) DocketNo. FAA-2014-0318 CaseNo. 2011S0271015

ORDERSETTING 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)(l) and (7) and Civ. R. 16, the parties shall appearby telephone on

### Wednesday, October 8, 

### 2014, at 10:00 a.m. Eastern time for a Rule 16 Litigation Scheduling Conference. Duringthis Conference theparties will discuss the issues inthe dispute, theirjointly submittedproposed scheduling/discoveryplan (see paragraph 2 

### infra) andrespond to any questions regarding disagreements not resolved inthe proposed plan. Duringthe Conference a final scheduling/discovery plan will be ruled upon, as well as any otherrelated matters pursuant to Rule 16(c). The parties shall access the Conference by dialing 202-493-2343.

2) Parties' Rule 26(f) Planning Meeting and Submission ofProposed Discovery Plan: Pursuantto 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(f) planning meeting and prepare ajointly written proposed scheduling/ discovery plan, whichmust be completed and filed withthe undersigned Judge on orbefore 

### Wednesday, October 1, 2014 (i.e. seven (7) calendar days before the Conference). The attorneys ofrecord and all unrepresented parties arejointlyresponsible for arranging the Rule 26(f) conference, and for attempting in good faith to agree onthe proposed discovery plan. The parties' Rule 26(f) planning meeting shall include a good faith discussion about the nature andbasis ofeachparty's claims, the possibility ofresolving all orpart ofthe case, thescope 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(±)(2) and (3) as part ofdeveloping their proposed 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 in phases to prepare for any filing ofparticular motions (e.g., limiting scope oftrial, dispositive motions, etc). The deadlines in the parties' proposed scheduling/discoveryplan shouldbe mutually agreeable, with a view to achieving case resolution with a minimum ofexpense and delay. Any unresolved scheduling/discovery disputes should be clearly identified in the proposedplan, so that these disputes may be addressed by the Judge during the Rule 16 Litigation Scheduling Conference. In addition to filing the proposed scheduling/discovery plan by regular mail filing with the 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 by fax, express carrier, orpersonal delivery. The certificate ofservice should reflect the manner of service.
3) Conflicts with Rule 16 Litigation Scheduling Conference Date: Ifa partyhasan unavoidable conflict withthe Scheduled Rule 16 Litigation Scheduling Conference set in paragraph 1supra, 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 at the 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 consideration.

Attachment: Service List

Page 2 of2Docket No. FAA-2014-0318 (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 ONE COPY Mr. Christopher R. Stevenson Complainant's Counsel Office ofthe Regional Counsel, AS0-7 Federal Aviation Administration, Southern Region 1701 ColumbiaAvenue College Park, GA 30337 TEL: 404-305-5200 FAX: 404-305-5223 Mr. Robert P. Silverberg Respondent's Counsel 1101 30th Street, N.W. Suite 120 Washington, DC 20007 TEL: 202-944-3304 FAX: 202-944-3308 Mr. Ryan Gumm, VP ofFlight Operations Comair, Inc., Respondent 82 Comair Blvd. Erlanger, KY 41018
Judge J.E. Sullivan U.S. Administrative LawJudge Office ofHearings, M-20 U.S. Department ofTransportation 1200New Jersey Avenue, S.E. (Ell-310) Washington, DC 20590 TEL: 202-366-6941 FAX: 202-366-7536 Mr. James McClain Delta Air Lines, Inc. P.O. Box 20706 Dept. 982 Atlanta, GA 30320

1Service 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 2WI000, Washington, DC 20591; Attention: Hearing Docket Clerk, AGC-430.