# .• SERVEDJULY 31, 2012 ·::·:P/IJl-1**~/f"('ll**

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In The Matter Of: COASTAL AIR TRANSPORT, INC., Respondent 

### WASHINGTON, DC

) ) ) ) ) ) DocketNo. PAA-2011-1005 Case No. 201 OS0700037



### ORDER SETTING LITIGATIONDATES AND PROCEDURES ">· 

### I o (...• M;

OnMay 23,2012 an Order Granting Respondent's Motion for Continuance of Second CR 16 Conference was filed. OnJune 11, 2012 the parties appeared for a CR 16 Litigation Scheduling Conference. Atthat time, the administrative court deferred setting discovery deadlines and otherprocedural deadlines. Instead, the CR 16 Conference was reset to July 30, 2012, and the parties were given deadlines to address preliminarymotions and to continue CR 26(f) discussions. OnJune 11, 2012 an Order Setting Motion Deadlines, Setting Third CR 16 Conference and Granting/Denying OtherReliefwas 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. Atthat time, the parties discussed the calendar availability, the status of informal discovery, hearing dates, and other litigationprocedures matters. Pursuantto 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;

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ITIS HEREBY ORDERED: A. The litigation dates and hearingdates 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 pursuantto CR 26(a)(l). 2. 

### August 8, 

### 2012: GeneralDiscovery Exchange Deadline. The last date for both parties to exchange or serve all additiortal general disqovery requests pursuantto CR26- CR36 and 14 C.P.R. §13.220(b) and (e). This includes, but is not limited tq: notices ofdeposition; subpoenas duces tecum; propounding interrogatories;requests for production ofdocuments; the disclosure ofexperttestimony pursuant to CR 26(a)(2), etc. 3. Pursuantto 14 C.F.R. 

### §13.220(k)(1 ), a party shall not serve more thanthirty (30) interrogatories to each other, and each subpart ofan interrogatory shall be counted as a separate interrogatory. 4. September 7, 2012: Deadline for Responses to General Discovery Requests. The last date for bothparties to finish responding and serving answers to all additional general discovery requests pursuantto 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 withthe ten (10) day deadlines contained herein in Paragraph D infra. However, September 14, 2012 is the last date for eitherparty to file any Motion(s) to Compel. a) September28,2012: Deadline for filing Answer to Motion(s) b) October 12, 2012: Deadline for filing Reply (ifany). 6. October 12, 2012: Deadline for Respondent to file legal memoranda or written factual/legal argument in support ofRespondent's affirmative defense to the FAA's Motion for Hearing on Sanction Onlythat the Respondent is exempted from complying withthe hazardous materials regulations for small shipments. 7. October 23,2012: 10:30am-11:30am EST. Telephone Conference for Oral Argument onMotion(s), including FAA Motion for Hearing on Sanction Only. NB: Ifthe parties do not file Motion(s), and the parties informally resolve the currently disputed legal issues, thenthis Telephone Conference will be automatically converted and held as a Pre-Hearing Status Conference. 8. December 5, 2012: List ofWitnesses Exchange ofExhibits due date. The last date for eachpartyto serve and file the following: a) A list ofthe witQesses the party intends to. call; b) A short statement ofthetestimony expected from each suchwitness; c) Theresume ofeachwitness who will be offered as an expert; and d) The documents the party intends to offer in evidence (pre-marked as noted in paragraphE, 

### infra). 9. January 29, 2013- January 31, 2013: Hearing dates. The parties agree thatthe Hearing will take three (3) days or less. The three day Hearing will begin on Tuesday, January 29, 2013 (9:30am-5:00pm) inthe St. Croix, Virgin Island area. The Hearing will continue onWednesday, January 30, 2013, and will end no later than 5:00pm onThursday, January 31, 2013. The specific location ofthe Hearing St. Croix, Virgin Island area will be provided to theparties priorto the Hearing.

2B. Requests for modification ofthe litigation dates set forth in paragraph A may be made by writtenMotion. Before filing such a Motion, however, the party seeking the modificationshall contact the opposingparty and seek to arrive at mutually convenient alternative date(s). A report on the result ofthis discussion shall be included by the movant inthe Motion. C. Discoveryrequests ordocuments complying with discovery requests need not be filed in this case with the Office ofHearings, except as partofa motion regarding disputed discovery, or as part ofa motion to compel discovery. D. Any Motions regarding discovery, including a Motion to Compel Discovery, mustbe filed within-ten (10) calendar days after service ofa deficient response or after the response to the discovery is due, whichever occurs first. Motions to Compel and other discovery motionsmust be accompanied by the discovery requests and responses, and a declaration bythe 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 oppositionto discovery motions must be filed within ten (10) calendar days after service ofthe motion. The failure to timely file objections to discovery may result in the objections being deemed waived. Belated service ofburdensome discovery requests may also be grounds for denial ofa motion to compel compliance with such requests. E. Each party must bring to the hearing at leastthree copies ofany documents it intends to offer in evidence as exhibits (one for the Judge and two for the official reporter). The exhibits shouldbe 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. Atthe hearing, there will be the opportunity for direct**examin~tion,** cross-

.examination, redirect examination and re-cross-examination ofeach witness. Only one representative ofa party may cross-examine a witness onbehalfofthat party. Pursuant to 14 C.P.R. §13.205 and 14 C.P.R. §13.222, the Federal Rules ofEvidence will be utilized as a guideline in determining the admission ofall evidence. G. Prior to the hearing dates, ifa party wishes to schedule oral argument on any motion, or setup any type oftelephone conference onthe 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 regardingthe Motions raised and argued attheJuly 30, 2012 CR 16 Litigation Scheduling Conference. J. For clarifications ofthis order or questions with regard to the procedures to be followed inthis case, please contact Legal Assistant C. Diane Mays at (202) 366" 2132 at the Office ofHearings.

Attachment: Service List

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### 4FDMS 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-Suite2W1000 1

George Logan, Agent for Service Coastal Air Transport, Inc., 

### Respondent 1131 King Street, Suite 204 Christiansted, St. Croix, VI00820-4971 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 ofthe 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 LawJudge Office ofHearings, M-20 U.S. Department ofTransportation 1200 NewJersey Avenue, S.E. (E11-310) Washington, DC 20590 TEL: 202-366-2132 FAX: 202-366-7536

1 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.