In The Matter Of: CALIBERJET CHARTER, LLC Respondent 

## SERVED: July 31,2015 U.S. DEPARTMENTOF TRANSPORTATION OFFICE OF HEARINGS WASHINGTON, DC '--'< ) ) DocketNo. FAA-2015-1320 ) ) ) CaseNo. 2014EA390060 )


### ORDERSETTING A RULE 16 LITIGATION SCHEDULING CONFERENCE, AND DIRECTING THE PARTIES TO

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

### § 13.205 and Civ. R. 16, the parties shall appear bytelephone on 

### Thursday, October 15,2015, at 10:00 a.m. Easterntime 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 respond to any questions regarding disagreements not resolved in the proposed plan. 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 14C.F.R. 

### § 13.205(a)(6) and Civ. R. 26(f),priorto convening withthe Judge for the Ru1e 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 with the undersigned Judge 

### on orbefore Thursday, October 8, 2015 (i.e. at least 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 and basis ofeach party's claims, the possibility ofresolving all orpart ofthe case, the scope andtype ofdiscovery (including electronic discovery) and the place ofvenue for hearing. Duringthis meeting, the parties shall discuss matters identified in 14 C.P.R.§ 13.217 and Rule 26(f)(2) and (3) as part ofdeveloping theirproposed 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 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 by the Judge during the Rule 16 Litigation Scheduling Conference. 3) Filing and Serving Documents: Pursuantto 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-OrderedDeadline 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 whichthe documents mustbe datestampedreceived atthe Office ofHearings. To ensure compliance withthis and any future Orders setting deadlines, the parties are encouraged to 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 positionnotbeing considered. 5) Conflicts with the Rule 16 Litigation Scheduling Conference Date: Page 2 of35) Conflicts with the Rule 16 Litigation Scheduling Conference Date: Ifa 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 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.

Judge 

### J. U.S. Adrhinistrative Law Judge

Attachment: Service List

Page 3 of 3SERVICE 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 2W1000 1

Ms. JudithL. Vaughan 

### Complainant's Counsel ONE COPY

Office ofthe Regional Counsel, Eastern Region Federal Aviation Administration 1Aviation Plaza Jamaica, NY 11434 TEL: 718-553-3255 FPC(: 718-995-5699 Mr. Michael Asseff 

### Respondent's Counsel 29550 DetroitRoad Westlake, OH 44145 TEL: 440-521-1658 Judge J.E. Sullivan 

### US. Administrative LawJudge Office ofHearings, M-20 U.S. Department ofTransportation 1200NewJersey Avenue, S.E. (Ell-310) Washington, DC 20590 TEL: 202-366-6941 FPC(: 202-366-7536 DocketNo. FAA-2015-1320 (Civil Penalty Action)

1 Service was byU.S. Mail. For service in person orby expedited courier, use the following address: Federal Aviation Administration, 600 Independence Avenue, S.W., Wilbur Wright Building-Suite2WIOOO, Washington, DC 20591; Attention: Hearing Docket Clerk, AGC-430.