UNITED STATES OF AMERICA U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS

WASHINGTON, D.C. 

### Inthe Matter of TANGO AIR,

### INC., d/b/a SCHUBACH AVIATION (CIVIL PENALTYACTION) FDMS NO. FAA-2015-3317 JUDGE: THE HONORABLE J.E. SULLIVAN

JOINT STATUS REPORT PURSUANT TO ORDER SETTING LITIGATION SCHEDULING CONFERENCE AND DIRECTING PARTIES TO FILE PROPOSED DISCOVERY PLAN TO THE HONORABLE J.E. SULLIVAN, ADMINISTRATIVE LAW JUDGE: Pursuantto the Order Setting a Ru1e 16 Litigation Scheduling Conference and Directing the Parties to Confer and File a Rule 26(f) Proposed Discovery Plan, the parties respectfully submitthis Joint Status Report. 

### I. VENUE

Inasmuch as this case arose in Carlsbad, California, and the majority ofpercipient witnesses reside and/or workinthe greater San Diego, California area, the parties request that thehearing in the matter be scheduled for San Diego, California after completion ofdiscovery. Giventhe complexity ofthe issues, it is anticipated that the hearing maytake 2-3 days. 

### II. DISCOVERY TANGO AIR, INC., d/b/a SCHUBACH AVIATION ('TANGO") has initiated discovery,serving its FirstDiscoveryRequestupon Complainant on February 19, 2016. Complainant also intends to initiate discovery. Predicatedupon the contents ofthe parties' respective discovery responses, the parties maytake depositions ofthose persons whom have been identified as percipient witnesses, experts or hearing witnesses. Itis anticipated that any such depositions will have beentaken and concluded and discovery will have been concludedbyNovember 30, 2016.



### Ill. DATES UPON WHICHTHE PARTIES AND/OR TIDER COUNSEL AND WITNESSES WILL NOT BE AVAILABLE FOR HEARING April27-May 2, 2016; May 5, 2016; May 10-13, 2016; May 25-June 2, 2016; August 25-September 10, 2016; and October 31-November 4, 2016. The foregoing reflects the parties' and their respective counsels' current calendars, andthe parties reserve the right to supplement this information from timeto time. Itis respectfully requestedthat the hearing be scheduled so as not to conflict with these dates ofunavailability andthat the Administrative LawJudge provide not less thanninety (90) days notice prior to hearing. IV. STATUS OF SETTLEMENT EFFORTS Although the parties have discussed settlement, theyhave not been able to resolve thismatter. The parties anticipate that settlement discussion will likely continue during the pendency ofthis litigation. In addition, the parties would have no objection to participating in a settlement conference or participating in alternative dispute resolution. Respectfully submitted.

Dated: April 4, 2016



# '!Jp}) Dated: 

### M!mili

___,2016 ROBERT SiirTZER Attorney, Enforcement Division, Western Team Federal Aviation Administration 1601 Lind Avenue, SW Renton, WA 98057 Telephone: (425) 227-1417 FAX: (425) 227-1007 Email: robert.spitxer@faa.gov Attorney for Complainant, FEDERAL AVIATION ADMINISTRATION

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# ~~i«4~/:-//-~ (**~/0 ~Ml~C=H=A~E='L~L~_~D~W~O~R=K~IN~--------­**  MICHAEL 

### L. DWORKIN and ASSOCIATES 465 California Street, Suite 210 San Francisco, CA 94104 Telephone: (415) 421-2500 FAX: (415) 421-2560 Email: 1aw@avialex.com Attorney for TANGO AIR, INC., d/b/a SCHUBACH AVIATIONCERTIFICATE OF SERVICE I hereby certify that onthis 4th day ofApril, 2016, a true and correct copy ofthe foregoing TANGO AIR, INC., d/b/a SCHUBACH AVIATION'S JOINT STATUS REPORT was served as follows:

The Honorable J.E. Sullivan Office ofHearings, M-20 1200 New Jersey Avenue, S.W. Room El2-320 Washington, D.C. 20590 Fax: (202) 366-7536 (One copy viaFAX) Federal Aviation Administration Attn: Hearing Docket Clerk, AGC-430 Wilbur Wright Bldg-Ste. 2W1000 800 Independence Avenue SW Washington, D.C. 20591 (Original plus one copy viaFEDEX) Robert Spitzer, Esq. Enforcement Division-Western Team Federal Aviation Administration 1601 Lind Avenue, SW Renton, WA 98057 Fax: (425) 227-1007 (One copy each via FAX)