In The Matter Of: 

PUERTO RICO 

SERVED: August 16, 2016 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, DC 

Docket No. FAA-2013-1086 

POLICE DEPARTMENT 

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Case No. 2011 S0190181 

Respondent 

ORDER RESETTING THE RULE 16 LITIGATION 

SCHEDULING CONFERENCE AND DIRECTING SUBMISSION OF A 

NEW RULE 26(t) SCHEDULING/DISCOVERY PLAN 

On October 22, 2014, an Order Continuing the Rule 16 Litigation Scheduling Conference 

was filed. Among other things, this Order held 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 Order Denying the FAA's Motion, Accepting the Respondent's 

Answser, and Granting/Denying Other Relief was filed. 

Pursuant to 14 C.F.R. § 13.205(a)(l) and (6), and after reviewing all relevant caselaw, 

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. During this Conference the 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 a 
final 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, entering access code 585 I 842. 

2. Parties' Rule 26(f) Planning Meeting, Filing of Proposed Discovery/Scheduling Plan 

Pursuant to 14 C.F.R. § 13.205(a)(6) and Civ. R. 26(f),prior to convening with the Judge 

for the Rule 16 Litigation Scheduling Conference, the partiesshall privately conduct a Rule 26(f) 

planning meeting and prepare a jointly written proposed scheduling/discovery plan, which must 

be completed and filed with the undersigned Judge on or before Thursday, October 6, 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 of each party's claims, the possibility of resolving all or part of the case, the 

scope and type of discovery (including electronic discovery) and the place of venue 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 of developing their proposed scheduling/discovery plan. 

The parties' planning meeting should also include discussion about the sequence and 

timing of follow-up discovery, including whether that discovery should be conducted in phases 

to prepare for any filing of particular motions (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 unrepresented parties are jointly responsible for arranging the Rule 

26(f) conference, and for attempting in good faith to agree on the proposed scheduling/discovery 

plan. If in 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 

explain the circumstances which necessitated a unilateral submission. 

Page 2 of 5 
3. Filing and Serving Documents 

Pursuant to 14 C.F.R. § 13.211 (a), a copy of any 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. Compliance with Court-Ordered Deadline Dates 

Whenever the Judge orders the parties to file documents by a specific deadline date (see, 

e.g., paragraph 2 above) such deadline date is the date by which the documents must be datestamped received at the Office of Hearings. To ensure compliance with this and any future 

Orders setting deadlines, the parties are encouraged to fax or personally deliver a copy of their 

documents to the Office of Hearings (Fax: 202-366-7536), on or before the deadline date. 

Failure of a party to timely file documents by the court-ordered deadline could lead to the party's 

position not being considered. 

5. Conflicts with the Rule 16 Litigation Scheduling Conference Date: 

If a party has an unavoidable conflict with the Scheduled Rule 16 Litigation Scheduling 

Conference set in paragraph 1 supra, and wishes to modify the date/time of the scheduled 

Conference, the party shall first confer with opposing counsel about mutually agreeable 

alternate dates, and then contact Mrs. Rachael Brown, Judicial Staff Assistant, at the Office of 

Hearings (202-366-2132) as soon as possible after the receipt of this Order, with at least three (3) 

mutually-agreed, proposed alternate dates/times for the Judge's consideration. 

Attachment: Service List 

Page 3 of 5 
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--Suite 2W1 000 1 

Mr. Christopher R. Stevenson 

Complainant's Counsel 

Office of the Regional Counsel, AS0-7 

Southern Region 

Federal Aviation Administration 

1701 Columbia Avenue 

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 of Legal 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 Law Judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

1200 New Jersey A venue, S.E. (E 11-31 0) 

Washington, DC 20590 

TEL: 202-366-6941 

FAX: 202-366-7536 

Docket No. FAA-2013-1086 

(Civil Penalty Action) 

1 Service 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.