In The Matter Of: 

SE~VED SEPTEMBER 28, 2012 .;i I!,:\Rf1v1ENT OF 

-, ,., ~'· \i:"'I"V)R'-t\'TIO'J : :'";'·:·.r.,)n L"' P 

U.S. DEPARTMENTOF TRANSPORTATION·_ :'(;f{ET OPER/\T!Of\!8 

OFFICE OF HEARINGS 

WASHINGTON, DC ZD!l 28 P !: ll q 

) 

) Docket No.· FAA-2012-0020 

BRENDAN AIRWAYS, LLC ) 

Respondent 

) 

) 

Case No. 2011 EA 170024 

ORDER 

SETTING LITIGATION DATES AND PROCEDURES 

On June 27, 2012 the parties filed a Jointly Proposed Scheduling/Discovery Plan. 

On July 23, 2012 an Order Granting Second Continuance of Rule 16 Litigation 

Scheduling Conference was fjled. Among other things, this Order directed the parties to 

reappear on September 27, 2012 for the reseheduled Litigation Scheduling Conference. 

On September 27, 2012, the parties appeared by telephone for a Rule 16 

Litigation Scheduling Conference, and discussed their calendar availability, hearing 

dates, and other litigation procedural 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 after reviewing 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. October 5, 2012: Initial Discovery Exchange Deadline. The last date for the 

parties to serve each other with initial discovery requests. 

2. October 19, 2012: Deadline for Re~ponses to Initial Discovery Requests. 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 

pursuant to Fed. R. Civ. P. 26-36 and 14 C.F.R. §13.220(b) and (e). This 

includes, but is not limited to: notices of deposition, subpoenas duces tecum, 

propounding interrogatories, requests for production of documents, the disclosure 

of expert testimony 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 of an interrogatory shall be counted 

as a separate interrogatory. 

5. December 14, 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 Fed. R. Civ. P. 26-36 and 14 

C.F.R. §13.220(b) and (e). This includes, but is not limited to, the taking of 

depositions and serving responses to all requests for discovery. 

6. December 18,2012: Telephone Conference U:OOam-12:00pm EST. 

Telephone conference for oral argument on any pre-hearing motions including, 

but not limited to, 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 of ali .supplemental discovery requests based 

on the general discovery ~exchange, including but not limited to the notices of 

supplemental depositions and other requests: 

8. January 18,2013: Deadline to Complete Supplemental Discovery. The last 

date for both parties to 1inish taking ~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 Filing Dispositive Motion(s). The last date for 

both parties to file any/all pre-hearing dispositive motions, including default 

motions and/or summary judgment motions. 

a) February 20,2013: Deadline for filing answer(s) to dispositive motion(s); 

b) March 1, 2013: Deadline for filing reply (if any). 

10. March 12,2013: Telephone Conference 11:00am-12:00pm EST. Telephone 

conference for oral argument on dispositive motions. N .B. If the 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 of Witnesses/Exchange of Exhibits Due Date. The last 

date for each party to serve and file the following: 

a) A list of the witnesses the party intends to call; 

b) A shott statement of the testimony expected from each such witness; 

c) The resume of eacl. 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 that the 

Hearing will take two days. The two day Hearing will begin in Philadelphia, P A 

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

2 
The specific location of the Hearing will be provided to the parties prior to the 

Hearing. 

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 Fed. R. Civ. P. 37(a)(l), 

that the movant has conferred or attempted to confer in good faith with the party alleged 

to have failed to make discov~.ry or disclosure. 

The Fed. R. Civ. P. 37(a)(l) 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 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· of a motion to compel 

compliance with such requests. 

E. Each party must bring to tho;; 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 examination, crossexamination, redirect examination and re-cross-exan1ination of each witness. Only one 

representative of a party may cross-examine a witness on behalf of that party. Pursuant 

to 14 C.F.R. §13.205 and 14 C.P.R. §13.222. the Federal Rules of Evidence will be 

utilized as a ga1deline 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 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 of Hearings (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 contacting the Office of Hearings. 

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

to be followed in this 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, 

Wilbur Wright 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 of the Regional Counsel, AS0-7 

Eastern Region 

Federal Aviation Administration 

1 Aviation Plaza 

Jamaica, NY 11434 

TEL: 718-553-3258 

FAX: 718-995-5699 

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 

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