In The Matter Of:

### SE~VED 

## SEPTEMBER28, 2012 .;i 

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### L"' P U.S. DEPARTMENTOFTRANSPORTATION·_ 

## :'(;f{ET OPER/\T!Of\!8 OFFICE OFHEARINGS WASHINGTON, DC 

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) ) DocketNo.· FAA-2012-0020 BRENDAN AIRWAYS, LLC ) Respondent ) ) Case No. 2011 EA 170024

ORDER SETTING LITIGATION DATES AND PROCEDURES OnJune 27, 2012 the parties filed a Jointly Proposed Scheduling/Discovery Plan. OnJuly 23, 2012 an Order Granting Second Continuance ofRule 16 Litigation Scheduling Conference was fjled. Among otherthings, this Order directed the parties to reappear on September 27, 2012 for the reseheduled Litigation Scheduling Conference. On September27, 2012, the parties appeared by telephone for a Rule 16 Litigation Scheduling Conference, and discussed their calendar availability, hearing dates, and otherlitigationprocedural matters. Pursuant to 14 C.F.R. §13.205(a)(l), (6) and (7), Fed. R. Civ. P. 16, Fed. R. Civ. P. 26-37, 14 C.F.R. §13.217, and14 C.F.R. §13.220, and afterreviewing all relevant caselaw, regulations, statutory authority, and being fully advised;
IT IS HEREBY ORDERED: A. The litigation dates and hearing dates are hereby set as follows: 1. October5, 

### 2012: InitialDiscovery Exchange Deadline. The last date for the parties to serve each other with initial discovery requests. 2. October 

### 19, 2012: Deadlinefor**Re~ponses** to InitialDiscoveryRequests. The due date for the parties to respond to initial discovery requests. 3. Ocmber

### 31,2012: General Discovery Exchange**Dea~line.** The last date for both parties.to exchange or serve all additional general discovery requests pursuantto Fed. R. Civ. P. 26-36 and 14 C.F.R. §13.220(b) and (e). This includes, butis not limited to: notices ofdeposition, subpoenas duces tecum, propounding interrogatories, requests for production ofdocuments, the disclosure ofexperttestimony pursuant to Fed. R. Civ. P. 26(a)(2), etc.

### 4. Pursuant to 14 C.F.R. §13.220(k)(l), a party shall not serve more than thirty (30) interrogatories to each other, and each subpart ofan interrogatory shall be counted as a separate interrogatory. 5. December 14, 2012: Deadline for Responses to GeneralDiscovery Requests. The last date for both parties to finish responding and serving answers to all additional general discovery requests pursuant to Fed. R. Civ. P. 26-36 and 14 C.F.R. §13.220(b) and (e). This includes, but is not limitedto, the taking of depositions and serving responses to all requests for discovery.
6. December 18,2012: Telephone ConferenceU:OOam-12:00pm EST. Telephone conference for oral argument on any pre-hearing motions including, but not limitedto, a Respondent's Motion to Withdraw.
7. January 4, 2013: SuiJpli::mental**Di~co'very** 

### Request Deadline. The last date for both parties to complete exchange ofali .supplemental discovery requests based onthe general discovery**~exchange,** 

### including but not limited to the notices of supplemental depositions and other requests: 8. 

### January 18,2013: Deadlineto Complete SupplementalDiscovery. The last date for both parties to 1inishtaking**~upplemental** 

### depositions, and responding to and serving answers to all supplemental discovery requests pursuant to Fed. R. 

### Civ. P. 

### 26-36 and 14 C.F.R. §13.220(i). 9. :February 1,2013: Deadlines for FilingDispositive Motion(s). The last date for both parties to file any/all pre-hearing dispositive motions, including default motions and/or summaryjudgment motions. a) February20,2013: Deadline for filing answer(s) to dispositive motion(s); b) March 1, 2013: Deadline for filing reply (ifany). 10. March 12,2013: Telephone Conference 11:00am-12:00pm EST. Telephone conference for oral argument on dispositive motions. 

### N.B. Ifthe parties do not file dispositive motions, then this telephone conference will be automatically converted and held as a Pre-Hearing Status Conference. 11. Marcb 24, 2013: List ofWitnesses/Exchange ofExhibits Due Date. The last date for each party to serve and file the 

### following: a) A 

### list ofthe witnesses the party intends to call; b) 

### A shott statement ofthe testimony expected from each such witness; c) 

### The resume ofeacl. witness who will be offered as an expert; and d) The 

### documents the party 

### intencis to offer in evidence (pre-marked as noted in paragraph E, infra). 12. AprH 9, 2013-- AprH 

# ·w., 2013:**Hr~llr·ing** 

### Dates. The parties agree thatthe Hearing will take two days. The two day Hearing will begin in Philadelphia, PA 011 

### April 9, 2013 (9:00am-5:00pm) aud end on AprillO, 2013 (9:00am-5:00pm).

2The specific location ofthe Hearing 

### will beprovided to the parties priorto the Hearing. B. Requests for modification ofthe litigation dates set forth inparagraph 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 atmutually convenient alternative date(s). A report on the result ofthis 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 ofHearings, except as part ofa 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 motions must be accompanied bythe discovery requests and responses, and a declaration by the moving party, pursuant to Fed. R. Civ. P. 37(a)(l), thatthe movanthas conferred orattempted to confer in good faith with the party alleged to have failed to make**discov~.ry** ordisclosure. The Fed. R. Civ. P. 37(a)(l) declaration shall specifically indicate the efforts made bythe 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 

### oi'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·ofa motion to compel compliance with suchrequests. E. Each party must bring to tho;; Hearing at least three copies ofany documents it intends toofferin evidenceas 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 examination, crossexamination, redirect examination andre-cross-exan1ination ofeach witness. Only one representative ofa party may cross-examine a witness on behalfofthat party. Pursuant to 14 C.F.R. §13.205 and 14 C.P.R. §13.222. the Federal Rules ofEvidence will be utilized as a ga1deline in determining the admission ofall evidence. G. Prior to the Hearing dates, ifa party wishes to schedule oral argument on any motion, or set up any type vftelephone t:onference on the Judge's calendar, the party shall first confer with opposing counsel about mutually agreeable alternate dates, and then contact C. Diane Mays f'.t the Office ofHearings (202-366-2132) as soon as possible,

3

### with at least three (3) mutually-agreed, proposed alternate dates/times for the Judge's

.consideration. The movant shall be responsible for contactingthe Office ofHearings. H. For clarifications ofthis order or questions with regard to the procedures to be followed inthis case, please contact Attorney Cody L. 

### Smith at the Office of Hearings, at (202)**366~6941.**



### Attachment: Service List

4 

### ...FDMS NO. FAA-2012-0020 (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, WilburWright Building-Suite 2WI0001

Jason Dickstein, Respondent's Counsel Washington Aviation Group 2233 Wisconsin Avenue, N.W., #503 Washington, DC 20007 · TEL: 202 628-6776 FAX: 202-628-8948 

### ONE COPY

Zachary M. Berman, Complainant's Counsel Office ofthe Regional Counsel, AS0-7 Eastern Region Federal Aviation Administration 1Aviation Plaza Jamaica, NY 11434 TEL: 718-553-3258 FAX: 718-995-5699
The HonorableJ.E. Sullivan,AdministrativeLawJudge Office ofHearings, M-20 · U.S. Department ofTransportation 1200 NewJerseyAvenue, S.E. (E11-310) Washington, DC 20590 TEL: 202-366-2132 FAX: 202-366-7536

1Service 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 WrightBuilding-Suite 2Wl000, Washington, DC 20591; Attention: Hearing Docket Clerk, AGC-430.