## SERVED: APRIL 16,2014
U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS WASHINGTON, DC

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In The Matter Of: BAERAIR, INC. Respondent ) ) ) ) ) DocketNo. PAA-2014-0112 Case No. 2011SO150234

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 appearby telephone on

### Thursday,June 19,2014, 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, theirjointly submittedproposed scheduling/discovery plan (see paragraph 2 

### infra) and respond to any questions regarding disagreements not resolved in the proposed plan. During the Conference a final scheduling/discovery plan will be ruled upon, as well as any other related 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: Pursuant to 14 C.P.R.§ 13.217 and Civ. R. 26(f),priorto convening withthe 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 orbefore 

### Thursday, June 12. 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 and basis ofeach party's claims, the possibility ofresolving all orpart ofthe case, the**~** • t • I·, -' iscope 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 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 andtiming 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 inthe parties' proposed scheduling/discovery plan shouldbe 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 proposed plan, so that these disputes may be addressed by the Judge during the Rule 

### 16 Litigation Scheduling Conference. In addition to filing the proposed scheduling/discovery plan byregular mail filing withthe Federal Aviation Administration Hearing Docket Clerk, 

### the parties shallfile a working copy of the scheduling/discovery planwith the undersigned Judge at the Office ofHearings by fax, express carrier, orpersonal delivery. The certificate ofservice shouldreflect the manner of serv1ce.
3) Conflicts with Rule 

### 16 Litigation Scheduling Conference Date: Ifa party has 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 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-2014-0112 (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. Vincent J. Bennett Complainant's Counsel Senior Attorney, Office ofthe Regional Counsel, ANE-7 ·Federal Aviation Administration 12 New England Executive Park Burlington, MA 01803 TEL: 781-238-7044 FAX: 781-238-7055
Mr. Jared M. Allen Respondent's Counsel One Research Court Suite 450 Rockville, MD 20850 TEL: 973-672-8000 FAX: 973-672-8215

Judge J.E. Sullivan US. Administrative Law Judge 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 Baer Air, Inc. Respondent William L. Baer, President 150 South Apollo Boulevard Melbourne, FL 32901

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-Suite 2W1000, Washington, DC 20591; Attention: Hearing Docket Clerk, AGC-430. ·