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SERVED JULY 31, 2012 ·: :·:P/IJl-1 ~/f"('ll .. QC .. _ .... , · ,, . r.l_ \1 1 i ' !. '-I(' I)'")I'Yr A7'1 ']' U.S. DEPARTMENTOF TRA,NSPORTATI0~·'.)'~::.: 11 Q~)n[· (t;~ T}·:N IC· 

OFFICE OF HEARINGS ··• ··t .• l • 1l\, ~Ui\J 

In The Matter Of: 

COASTAL AIR 

TRANSPORT, INC., 

Respondent 

WASHINGTON, DC 

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Docket No. PAA-2011-1005 

Case No. 201 OS0700037 

ORDER 

SETTING LITIGATION DATES AND PROCEDURES 

(...• ">· I o M; 

On May 23,2012 an Order Granting Respondent's Motion for Continuance of 

Second CR 16 Conference was filed. 

On June 11, 2012 the parties appeared for a CR 16 Litigation Scheduling 

Conference. At that time, the administrative court deferred setting discovery deadlines 

and other procedural deadlines. Instead, the CR 16 Conference was reset to July 30, 2012, 

and the parties were given deadlines to address preliminary motions and to continue CR 

26(f) discussions. On June 11, 2012 an Order Setting Motion Deadlines, Setting Third 

CR 16 Conference and Granting/Denying Other Relief was filed, which codified and 

supplemented the oral rulings made during the June 11, 2012 Conference. 

On July 30, 2012 the parties appeared for aThird CR 16 Litigation Scheduling 

Conference. At that time, the parties discussed the calendar availability, the status of 

informal discovery, hearing dates, and other litigation procedures matters. Pursuant to 14 

C.P.R. §13.205(a)(l), (6) and (7), Civ. R. 16, 14 C.P.R. §13.217, and 14 C.P.R. §13.220; 

and after have reviewed all relevant caselaw, regulation, statutory authority, amd after full 

·consultation with the parties and being fully advised; -~1..-. · 

IT IS HEREBY ORDERED: 

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

1. August 3, 2012: Deadline for Responses to Initial Discovery requests. The due 

date for the parties to respond to initial discovery requests pursuant to CR 

26(a)(l). 

2. August 8, 2012: General Discovery Exchange Deadline. The last date for both 

parties to exchange or serve all additiortal general disqovery requests pursuant to 

CR 26- CR36 and 14 C.P.R. §13.220(b) and (e). This includes, but is not limited 

tq: notices of deposition; subpoenas duces tecum; propounding interrogatories; 
requests for production of documents; the disclosure of expert testimony pursuant 

to CR 26(a)(2), etc. 

3. Pursuant to 14 C.F .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. 

4. September 7, 2012: Deadline for Responses to General Discovery Requests. The 

last date for both parties to finish responding and serving answers to all additional 

general discovery requests pursuant to CR 26- CR 36 and 14 C.F.R. §13.220(b) 

and (e). 

5. September 14,2012: Deadline for parties to file Motion(s) to Compel. The 

parties are directed to comply with the ten (1 0) day deadlines contained herein in 

Paragraph D infra. However, September 14, 2012 is the last date for either party 

to file any Motion(s) to Compel. 

a) September 28,2012: Deadline for filing Answer to Motion(s) 

b) October 12, 2012: Deadline for filing Reply (if any). 

6. October 12, 2012: Deadline for Respondent to file legal memoranda or written 

factual/legal argument in support of Respondent's affirmative defense to the 

FAA's Motion for Hearing on Sanction Only that the Respondent is exempted 

from complying with the hazardous materials regulations for small shipments. 

7. October 23,2012: 10:30am-11:30am EST. Telephone Conference for Oral 

Argument on Motion(s), including FAA Motion for Hearing on Sanction Only. 

NB: If the parties do not file Motion(s), and the parties informally resolve the 

currently disputed legal issues, then this Telephone Conference will be 

automatically converted and held as a Pre-Hearing Status Conference. 

8. December 5, 2012: 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 witQesses the party intends to. call; 

b) A short statement ofthe 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). 

9. January 29, 2013- January 31, 2013: Hearing dates. 

The parties agree that the Hearing will take three (3) days or less. The 

three day Hearing will begin on Tuesday, January 29, 2013 (9:30am-5:00pm) 

in the St. Croix, Virgin Island area. The Hearing will continue on Wednesday, 

January 30, 2013, and will end no later than 5:00pm on Thursday, January 31, 

2013. The specific location of the Hearing St. Croix, Virgin Island area will be 

provided to the parties prior to the Hearing. 

2 
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 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 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," R-2," 

"R-3," etc. 

F. At the hearing, there will be the opportunity for direct examin~tion, cross-

. examination, 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.P.R. §13.205 and 14 C.P.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 dates, 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 

moving party (movant) shall first confer with opposing counsel about mutually agreeable 

alternate dates, and then the movant shall contact C. Diane Mays at the Office of 

Hearings (202-366-2132) as soon as possible, with at least three (3) mutually-agreed, 

proposed conference dates/times for the Judge's consideration. 

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H. Other -Venue: The parties agree that the venue for the Hearing in this 

case will be the St. Croix, Virgin Island area. 

I. Separate Orders will issue regarding the Motions raised and argued 

at the July 30, 2012 CR 16 Litigation Scheduling Conference. 

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

to be followed in this case, please contact Legal Assistant C. Diane Mays at (202) 366" 

2132 at the Office of Hearings. 

Attachment: Service List 

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FDMS No. FAA-2011-1005 

(Civil Penalty Action) 

SERVICE LIST- BY U.S. MAIL and FAX 

ORIGINAL & ONE COPY 

Federal Aviation Administration 

&00 Independence Avenue, S.W. 

Washington, DC 20591 

Attention: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building-Suite 2W1 0001 

George Logan, Agent for Service 

Coastal Air Transport, Inc., Respondent 

1131 King Street, Suite 204 

Christiansted, St. Croix, VI 00820-4971 

Michael Foster, President- by mail & fax 

Coastal Air Transport, Inc., Respondent 

P.O. Box 3985 

Christhinsted, St. Croix, VI 00822 

TEL: 340-773-6862 

ONE COPY 

Rashawn Rich George, Complainant's Counsel- by mail & fax 

Office of the Regional Counsel, AS0-7 

Southern Region 

Federal Aviation Administration 

P.O. Box 20636 

Atlanta GA 30320 

TEL: 404-305-5200 

FAX: 404-305-5223 

The Honorable J.E. Sullivan, Administrative Law Judge 

Office of Hearings, 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 

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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 2WIOOO, Washington, DC 20591; Attention: Hearing Docket Clerk, AGC-430.