In The Matter Of: 

## SERVED: DECEMBER 1, 2015 U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS WASHINGTON, DC

DocketNo. FAA-2015-3307 FELTS FIELD AVIATION, INC. ) ) ) ) ) Case No. 2015WP910090 Respondent

ORDER SETTING A RULE 16 LITIGATION SCHEDULING CONFERENCE, AND DIRECTING THE PARTIES TO

CONFERAND FILE A RULE 26(f) PROPOSED DISCOVERY PLAN 1) Rule 16 Litigation Scheduling Conference:
Pursuantto 14 C.F.R. 

### § 13.205 a.11d Civ. R. 16, the parties shall appear bytelephone on Tuesday, February 9, 2016, at 1:30 p.m. Eastern time for a Rule 16 Litigation Scheduling Conference. During this Conference the parties will discuss the issues inthe dispute, their jointly submittedproposed scheduling/discovery plan (see paragraph 2 

### infra) and respondto any questions regarding disagreements notresolved inthe proposedplan. Duringthe Conference a final scheduling/discovery planwill 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. § 13.205(a)(6) and Civ. 

### R. 26(f),priorto convening withthe Judge for the Ru1e 16 Litigation Schedu1ing Conference, the parties shall privately conduct a Rule 26(f) planning meeting andprepare ajointly writtenproposed scheduling/discovery plan, whichmust be completed and filed withthe undersigned Judge on or before Tuesday, February 2, 2016 (i.e. at least seven (7) calendar days before the Conference). The attorneys ofrecord and all unrepresented parties arejointlyresponsible for arranging the Ru1e 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 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.P.R.§ 13.217 and Rule 26(f)(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 whetherthat discovery should be conducted inphases to prepare for any filing ofparticular motions (e.g., limiting scope oftrial, dispositive motions, etc.). The proposed discovery deadlines inthe parties' proposed scheduling/discovery plan shouldbe mutually agreeable, with a viewto achieving case resolution with a minimum of expense and delay. Any unresolved scheduling/discovery disputes should be clearly identified in the proposedplan, so that these disputes may be addressed bythe Judge during the Rule 16 Litigation Scheduling Conference.
3) Filing and Serving Documents: Pursuant to 14 C.P.R. 

### § 13.211(a), a copy ofany document a party files withthe Federal Aviation Administration Hearing Docket ("Hearing Docket") must also be separately filed with the undersigned, and served uponthe opposing party.
4) Compliance with Court-Ordered Deadline Dates: Wheneverthe 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 whichthe documents mustbe datestampedreceived atthe Office ofHearings. To ensure compliance withthis and any future Orders setting deadlines, the parties are encouragedto fax or personally deliver a copy oftheir documents to the Office ofHearings (Fax: 202-366-7536), on or before the deadline date. Failure ofa party to timely file documents by the court-ordered deadline could leadto the party's positionnot being considered.

Page 2 of35) Conflicts with the Rule 16 Litigation·scheduling Conference Date: Ifa partyhas anunavoidable conflict withthe Scheduled Rule 16 Litigation Scheduling Conference set inparagraph 1

### supra, 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 3 of3I

I 

### -,I DocketNo. FAA-2015-3307 (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 2W10001 ONE COPY Mr. Robert Spitzer 

### Complainant's Counsel Northwest Mountain Region. ANM-7 Federal Aviation Administration 1601 Lind Ave., S.W. Renton, W A 98057 TEL: 425-227-1847 FAJ(: 425-227-1007 Mr. Mark J. Conlin 

### Respondent's Counsel Conlin, Maloney & Miller 421 W. Riverside Ave., Suite 911 Spokane, W A 99201 TEL: 509-624-3020 FAJ(: 509-623-1650 Judge J.E. Sullivan 

### US. Administrative LawJudge Office ofHearings, M-20 U.S. Department ofTransportation 1200 NewJersey Avenue, S.E. (Ell-310) Washington, DC 20590 TEL: 202-366-6941 FAJ(: 202-366-7536 Felts Field Aviation, Inc. 

### Respondent 14 East Main Ave. Spokane, W A 99201-0405

1 Service was byU.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 2Wl000, Washington, DC 20591; Attention: Hearing Docket Clerk, AGC-430.