In The Matter Of: 

JET LOGISTICS, INC. 

Respondent 

SERVED: October 30, 2013 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, DC 

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Docket No. P AA-2013-0290 · 

Case No. 2012EA680047 

ORDER SETTING LITIGATION DATES AND PROCEDURES 

On September 24, 2013, the parties appeared by telephone for a Rule 16 Litigation 

Scheduling Conference, and discussed their calendar availability, hearing dates, and other 

litigation procedural matters. 

On September 24, 2013, an Order Granting Continuance aild Other Relief was filed. 

On October 30, 2013, the parties appeared by telephone for a second Rule 16 Litigation 

Scheduling Conference, and discussed their calendar availability, hearing dates, and other 

litigation procedural matters. 

Pursuant to 14 C.P.R. §13.205(a)(1), (6) and (7), Civ. R. 16, 14 C.P.R. §13.217, and 14 

C.P.R. § 13.220, and after reviewing all relevant caselaw, regulation, statutory authority, and 

being fully advised; 

IT IS HEREBY ORDERED: 

A. The litigation dates and hearing dates are hereby set as follows 

1. November 15, 2013: Deadline for Initial Disclosures. The last date for the parties to 

serve each other with initial disclosures pursuant to Civ. R. 26(a)(l)(A). 

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2. November 18,2013: General Discovery Start Date. On or before July 1, 2013, the 

parties shall begin serving additional general discovery requests pursuant to CR 26 - CR 

36 and 14 C.P.R. §13.220(b) and (e). This includes, but is not limited to: notices of 

deposition; subpoenas duces tecum; interrogatories; requests for production of 

documents, etc. 

3. Service oflnterrogatories. Pursuant to 14 C.P.R. §13.220(k)(1), a party shall not serve 

more than thirty (30) interrogatories to each other, and each subpart of an interrogatory 

shall be counted as a separate interrogatory. 

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4. Motions Regarding Interrogatories. Pursuant to 14 C.F.R. § 13.220(m) and Paragraph D 

herein, any motions to compel for deficient interrogatory response(s) shall be filed within 

ten (10) days after receipt of the objection or deficient answer. 

5. February 7, 2014: Initial Expert Disclosures. On or before July 22, 2013 the parties 

shall exchange initial expert disclosures pursuant to CR 26(a)(2). 

6. February 28,2014: Expert Rebuttal Disclosures. On or before August 6, 2013, the 

parties shall exchange expert rebuttal disclosures. 

7. March 14, 2014: Deadline for Completing General Discovery. The last date for both 

parties to finish serving answers to all additional general discovery requests pursuant to 

CR 26 - CR 36 and 14 C.F .R. § 13 .220(b) and (e). This includes, but is not limited to, the 

taking of depositions and serving responses to all requests for production, etc. 

8. March 21, 2014: Supplemental Discovery Request Deadline. The last date for both 

parties to complete service of all supplemental discovery requests based on the general 

discovery exchange, including but not limited to any notices of supplemental depositions, 

and other requests. 

9. Apri125, 2014: Deadline for Completing Supplemental Discovery. Deadline for both 

parties to finish taking supplemental depositions, and responding to and serving answers 

to all supplemental discovery requests pursuant to CR 26- CR 36 and 14 C.F.R. 

§13.220(i). 

10. May 9, 2014: Deadlines for Filing Dispositive Motion(s). The last date for both parties 

to file any/all pre-hearing dispositive motions, including Default Motions and/or 

Summary Judgment Motions. 

a) May 23,2014: Deadline for filing Answer to Dispositive Motion(s); 

b) June 6, 2014: Deadline for filing Reply (if any). 

11. June 18, 2014: 10:00am-11:30am EST. Telephone conference for oral argument on 

dispositive motions. N.B. If the parties do not file dispositive motions, then this 

Telephone Conference will be automatically converted and held as a Pre-Hearing Status 

Conference. 

12. July 18,2014: List of Witnesses/Exchange of Exhibits due date. The last date for 

each party to serve and file the following: 

a) A list of the witnesses the party intends to call; 

b) A short statement of the testimony expected from each such witness; 

c) The resume of each witness who will be offered as an expert; and 

d) The documents the party intends to offer in evidence (pre-marked as noted in 

paragraph E, infra). 

13. July 18, 2014: Written Stipulations and/or Motions in Limine due date. The deadline 

for filing written stipulations and/or Motions in Limine. 

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14. July 29, 2014-July 31,2014: Hearing dates. 

Based on the parties' agreement, the Hearing will take three (3) days or less. The 

Hearing will begin on Tuesday, July 29, 2014 (9:00a.m-5:00p.m. EST) in Charlotte, 

North Carolina and end on Thursday, July 31,2014 (9:00 a.m.-5:00p.m. EST). The 

specific location of the Hearing will be provided to the parties prior to the Hearing. 

B. Requests for modification of the litigation dates set forth in paragraph A may be 

made by written Motion. Before filing such a Motion, however, the party seeking the 

modification shall contact the opposing party and seek to arrive at mutually convenient 

alternative date(s). A report on the result of this discussion shall be included by the movant in 

the Motion. 

C. Discovery requests or documents complying with discovery requests need not be 

filed in this case with the Office of Hearings, except as part of a motion regarding disputed 

discovery, or as part of a motion to compel discovery. 

D. Any Motions regarding discovery, including a Motion to Compel Discovery, must 

be filed within ten (10) calendar days after service of a deficient response or after the response to 

the discovery is due, whichever occurs first. Motions to Compel and other discovery motions 

must be accompanied by the relevant discovery requests and responses, and a declaration by the 

moving party, pursuant to Civ. R. 37(a)(1), that the movant has conferred or attempted to confer 

in good faith with the party alleged to have failed to make discovery or disclosure. 

The Civ. R. 37(a)(1) declaration shall specifically indicate the efforts made by the 

movant to resolve the dispute and identify which discovery matters remain in dispute. Statements 

in opposition to discovery motions must be filed within ten (10) calendar days after service of 

the motion. The failure to timely file objections to discovery may result in the objections being 

deemed waived. Belated service of burdensome discovery requests may also be grounds for 

denial of a motion to compel compliance with such requests. 

E. Each party must bring to the hearing at least three copies of any documents it 

intends to offer in evidence as exhibits (one for the Judge and two for the official reporter).· The 

exhibits must have an index cover sheet, and should be pre-marked. Complainant's exhibits 

should be marked "C-1," "C-2," "C-3," etc. Respondent's exhibits should be marked "R-1," R2," "R-3," etc. 

F. At the hearing, there will be the opportunity for direct examination, crossexamination, redirect examination and re-cross-examination of each witness. Only one 

representative of a party may cross-examine a witness on behalf of that party. Pursuant to 14 

C.F.R. §13.205 and 14 C.F.R. §13.222, the Federal Rules of Evidence will be utilized as a 

guideline in determining the admission of all evidence. 

G. Prior to the hearing date(s), if a party wishes to schedule oral argument on any 

motion, or set up any type of telephone conference on the Judge's calendar, the party shall first 

confer with opposing counsel about mutually agreeable alternate dates, and then Mr. Cody L. 

Smith, Attorney-Advisor, at the Office of Hearings (202-366-6941) as soon as possible, with at 

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least three (3) mutually-agreed, proposed alternate dates/times for the Judge's consideration. 

The movant shall be responsible for contacting the Office of Hearings. 

H. Attorney Withdrawal: Pursuant to 14 C.F.R. §13.218, an attorney who wishes to 

withdraw from representing a party must file a Motion to Withdraw. In this Motion, In this 

Motion, the attorney shall confirm the following: 

1. The date, address~ and method by which the Respondent was served with written 

notice of the attorney's intent to withdraw; 

2. The name of the designated agent/lay representative if the Respondent in the action is 

a business entity; 

3. The current business address, telephone number, and fax number of the Respondent 

and of its designated business agent; 

4. The date and method by which the Respondent was notified in writing of the pending 

hearing dates in this litigation, as well as the pending pre-hearing discovery deadlines 

and telephone conferences; and 

5. The date and method by which the Respondent was provided a copy of all Orders 

issued in this litigation, as well as any other legal documents to which the Respondent 

is entitled. 

I. Additional Time for Respondent to Answer Motion: The parties' agreement to 

allow the Respondent twenty (20) days to respond to an FAA Motion for Summary Judgment on 

the admitted violations (i.e., (b), (c) and (d) in the FAA's Complaint), due to be filed in the next 

few weeks, is confirmed and adopted. 

J. For clarifications of this order or questions with regard to the procedures to be 

followed in this case, please contact Mr. Cody L. Smith, Attorney-Advisor, at the Office of 

Hearings (202-366-6941 ). 

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-Suite 2W1 0001 

Mr. Jose L. Nieves 

Complainant's Counsel 

Federal Aviation Administration 

ONE COPY 

Office of the Regional Counsel, Eastern Region 

1 Aviation Plaza 

Jamaica, NY 11434 

TEL: 718-553-3278 

FAX: 718-995-5699 

Mr. W. Ashley Smith, Jr. 

Respondent Lay Representative 

Jet Logistics, Inc. 

5400 Airport Drive 

Charlotte, NC 28208 

TEL: 919-840-0555 

Judge J.E. Sullivan 

US. Administrative Law Judge 

Office ofHearings, M-20 

U.S. Department of Transportation 

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

Washington, DC 20590 

TEL: 202-366-2132 

FAX: 202-366-7536 

FDMS No. FAA-2013-0290 

(Civil Penalty Action) 

1 Service 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 2W1000, Washington, 

DC 20591; Attention: Hearing Docket Clerk, AGC-430. ·