InThe Matter Of: JET LOGISTICS, INC. Respondent 

## SERVED: October 30, 2013

U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS WASHINGTON, DC ) ) ) ) ) Docket No. 

### P AA-2013-0290 · Case No. 2012EA680047

ORDERSETTING 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 litigationprocedural matters. On September 24, 2013, an Order Granting Continuance aild Other Reliefwas 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 litigationprocedural matters. Pursuantto 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 withinitial disclosures pursuant to Civ. R. 26(a)(l)(A). ' .:"" ' " _j 1

2. November 

### 18,2013: General Discovery Start Date. On orbefore July 1, 2013, the parties shall begin serving additional general discovery requests pursuant to CR26

- CR 36 and 14 C.P.R. §13.220(b) and (e). This includes, butis 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 ofan interrogatory shall be counted as a separate interrogatory.

Page 1 of44. 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 afterreceipt ofthe objection or deficient answer. 5. February 7, 2014: Initial Expert Disclosures. On orbefore July 22, 2013 the parties shall exchange initial expert disclosures pursuantto CR26(a)(2). 6. February 28,2014: ExpertRebuttalDisclosures. On orbefore August 6, 2013, the parties shall exchange expert rebuttal disclosures. 7. March 14, 2014: Deadline for Completing GeneralDiscovery. The last date for both parties to finish serving answers to all additional general discovery requests pursuantto CR26

- CR 36 and 14 C.F.R. §13.220(b) and (e). This includes, butis not limited to, the taking ofdepositions and serving responses to all requests for production, etc. 8. March 21, 2014: SupplementalDiscovery RequestDeadline. The last date for both parties to complete service ofall supplemental discovery requests based onthe general discovery exchange, including butnot limited to any notices ofsupplemental depositions, and otherrequests. 9. Apri125, 2014: Deadline for Completing SupplementalDiscovery. Deadline for both parties to finish taking supplemental depositions, and responding to and serving answers to all supplemental discovery requests pursuantto CR26- CR 36 and 14 C.F.R. §13.220(i). 10. May 9, 2014: Deadlines for FilingDispositive Motion(s). The last date for bothparties 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 (ifany). 11. June 18, 2014: 10:00am-11:30amEST. Telephone conference for oral argument on dispositive motions. N.B. Ifthe parties do not file dispositive motions, thenthis Telephone Conference will be automatically converted and held as a Pre-Hearing Status Conference. 12. July 18,2014: List ofWitnesses/Exchange ofExhibits due date. The last date for eachparty to serve and file the following: a) A list ofthe witnesses the party intends to call; b) A short statement ofthe testimony expected from each such witness; c) The resume ofeach 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/orMotions 

### in Limine due date. The deadline for filing written stipulations and/or Motions in Limine. Page 2 of414. July 29, 2014-July 31,2014: Hearing dates. Based onthe parties' agreement, the Hearing will take three (3) days or less. The Hearing will begin onTuesday, July 29, 2014 (9:00a.m-5:00p.m. EST) in Charlotte, North Carolina and end onThursday, July 31,2014 (9:00 a.m.-5:00p.m. EST). The specific location ofthe Hearing will be provided to the parties priorto the Hearing. B. Requests for modification ofthe litigation dates set forth inparagraphA may be made by writtenMotion. Before filing such a Motion, however, the party seeking the modification shall contact the opposingparty and seek to arrive at mutually convenient alternative date(s). A report onthe result ofthis discussion shall be included bythe movant in the Motion. C. Discovery requests or documents complying with discovery requests need notbe filed in this case withthe Office ofHearings, except as part ofa motionregarding disputed discovery, or as part ofa motionto compel discovery. D. Any Motions regarding discovery, including a Motionto Compel Discovery, must be filed within ten (10) calendar days after service ofa deficient response or afterthe response to the discovery is due, whichever occurs first. Motions to Compel and other discovery motions mustbe accompaniedby the relevant discovery requests and responses, and a declaration by the moving party, pursuantto Civ. R. 37(a)(1), that the movant has conferred or attempted to confer in good faith withthe party alleged to have failed to make discovery ordisclosure. 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 oppositionto 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 inthe objections being deemed waived. Belated service ofburdensome discovery requests may also be grounds for denial ofa motionto compel compliance with such requests. E. Eachparty mustbring to the hearing at least three copies ofany documents it intends to offer inevidence 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 shouldbe marked "R-1," R2," "R-3," etc. F. Atthe hearing, there will be the opportunity for direct examination, crossexamination, redirect examination and re-cross-examination ofeach witness. Only one representative ofa party may cross-examine a witness onbehalfofthat party. Pursuant to 14 C.F.R. §13.205 and 14 C.F.R. §13.222, the Federal Rules ofEvidence will be utilized as a guideline in determining the admission ofall evidence. G. Priorto the hearing date(s), ifa party wishes to schedule oral argument on any motion, or set up any type oftelephone 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 ofHearings (202-366-6941) as soon as possible, with at Page 3 of4least three (3) mutually-agreed, proposed alternate dates/times for the Judge's consideration. The movant shall be responsible for contactingthe Office ofHearings. H. Attorney Withdrawal: Pursuantto 14 C.F.R. §13.218, an attorney who wishes to withdraw from representing a party must file a Motionto Withdraw. In this Motion, Inthis Motion, the attorney shall confirmthe following: 1. The date,**address~** and method by which the Respondent was served with written notice ofthe attorney's intentto withdraw; 2. The name ofthe designated agent/lay representative ifthe Respondent inthe action is a business entity; 3. The current business address, telephone number, and fax number ofthe Respondent and ofits designated business agent; 4. The date and methodby whichthe Respondentwas notified inwriting ofthe pending hearing dates in this litigation, as well as the pendingpre-hearing discovery deadlines and telephone conferences; and 5. The date and method by which the Respondent was provided a copy ofall Orders issued inthis litigation, as well as any other legal documents to whichthe Respondent is entitled.

I. Additional Time for Respondent to Answer Motion: Theparties' agreementto allow the Respondent twenty (20) days to respond to an FAA Motion for SummaryJudgment on the admitted violations (i.e., (b), (c) and (d) in the FAA's Complaint), due to be filed inthe next few weeks, is confirmed and adopted. 

### J. Forclarifications ofthis order orquestions with regard to the procedures to be followed inthis case, please contactMr. Cody L. Smith, Attorney-Advisor, atthe Office of Hearings (202-366-6941).

Attachment: Service List

Page 4 of4SERVICE 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 WilburWright Building-Suite 2W1000 1



### Mr. Jose 

### L. Nieves Complainant's Counsel Federal Aviation Administration ONE COPY

Office ofthe Regional Counsel, Eastern Region 1Aviation Plaza Jamaica, NY 11434 TEL: 718-553-3278 FAX: 718-995-5699 Mr. W. Ashley Smith, Jr. RespondentLayRepresentative Jet Logistics, Inc. 5400 Airport Drive Charlotte, NC 28208 TEL: 919-840-0555 Judge J.E. Sullivan US. Administrative LawJudge Office ofHearings, M-20 U.S. DepartmentofTransportation 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 orby 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. ·