In The Matter Of: 

## SERVED: APRIL 1, 2014
U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS WASHINGTON, DC

DocketNo. PAA-2013-1085 

### EXECUTIVE PLITEWAYS, INC. ) ) ) ) ) Case No. 2012S0950377 Respondent



### ORDER SETTING RULE 16 LITIGATION SCHEDULING CONFERENCE AND DIRECTING RULE 26(t) PLANNING AND SUBMISSION
1) Rule 16 Litigation Scheduling Conference: Pursuantto 14 C.P.R.§ 13.205(a)(1) and (7) and Civ. R. 16, the parties shall appear by telephone on Thursday, May 

### 29,2014, at 

### 11:00 a.m. Eastern time for a Rule 16 Litigation Scheduling Conference. During this Conference the parties will discuss the issues in the dispute, theirjointly submitted proposed scheduling/discovery plan (see paragraph 2 

### infra) and respond to any questions regarding disagreements not resolved in the proposedplan. During the Conference a final scheduling/discovery plan will 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.P.R. § 13.217 and Civ. R. 26(f),priorto convening with the Judge for the Rule 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 withthe undersigned Judge on or before Thursday, May 

### 22,2014 (i.e.
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 andbasis ofeachparty's claims, the possibility ofresolving all orpart ofthe case, thescope and type ofdiscovery (including electronic discovery) and the place ofvenue for hearing. During this meeting, the parties shall discuss matters identified in 14 C.F.R. 

### § 13.217 and Ru1e 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 whether that discovery should be conducted inphases to prepare for any filing ofparticular motions (e.g., limiting scope oftrial, dispositive motions, etc). The deadlines in the parties' proposed scheduling/discovery plan should be mutually agreeable, with a viewto achieving case resolution with a minimum ofexpense and delay. Any unresolved scheduling/discovery disputes should be clearly identified in the proposedplan, so thatthese disputes may be addressed by the Judge during the Rule 16 Litigation Scheduling Conference. In addition to filing the proposed scheduling/discovery planbyregular mail filing withthe Federal Aviation Administration Hearing Docket Clerk, the parties shall file a working copy of the scheduling/discovery plan with the undersigned Judge at the Office ofHearings by fax, express carrier, orpersonal delivery. The certificate ofservice should reflect the manner of serv1ce.
3) Conflicts with Rule 16 Litigation Scheduling Conference Date: Ifa party has anunavoidable conflict with the Scheduled Rule 16 Litigation Scheduling Conference set inparagraph 1

### supra, and wishes to modify the date/time ofthe scheduled Conference, the party shallfirst conferwith 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 leastthree (3) mutually-agreed, proposed alternate dates/times for the Judge's consideration.

Attachment: Service List

Page 2 of 2DocketNo. FAA-2013-1085 (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 2W1000 1
ONE COPY Mr. Michael F. McKinley 

### Complainant's Counsel Senior Attorney, Office ofthe ChiefCounsel Federal Aviation Administration 800 Independence Avenue, S.W. Washington, DC 20591 TEL: 202-267-7100 FAX: 202-267-5106 Mr. Kenneth S. Gray 

### Respondent'sRepresentative Director ofOperations, Executive Fliteways, Inc. One Clark Drive Ronkonkoma, NY 11779 TEL: 631-588-3480 ext. 128 FAX: 631-588-5527

Judge J.E. Sullivan 

### US. AdministrativeLawJudge Office ofHearings, M-20 U.S. Department ofTransportation 1200NewJersey Avenue, S.E. (Ell-310) Washington, DC 20590 TEL: 202-366-6941 FAX: 202-366-7536 Mr. John W. Grillo, President Executive Fliteways, Inc. 

### Respondent One Clark Drive Ronkonkoma, NY 11779

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-Suite2WIOOO, Washington, DC 20591; Attention: Hearing Docket Clerk, AGC-430.