In The Matter Of: 

SCOTTTICE 

Respondent 

SERVED: June 14, 2013 

U.S. DEPARTMENTOF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, DC r. ': ) 

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Docket No. FAA-2013-0042 

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Case No. 2012NE700211 

ORDER SETTING DISCOVERY AND MOTION DEADLINES 

On May 21,2013, an Order Granting FAA Renewed Motion for Order Deeming 

Allegations Admitted and Granting/Denying Other Relief was filed. 

On June 13, 2013, 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)(1), (6) and (7), Civ. R. 16, 14 C.F.R. §13.217, 

and 14 C.F.R. §13.220, and after reviewing all relevant caselaw, regulation, statutory 

authority, and being fully advised; 

IT IS HEREBY ORDERED: 

A. The discovery and motion deadlines are hereby set as follows: 

1. June 28, 2013: Sanction Guidelines Disclosure. On or before June 28, 2013, the 

FAA shall provide the Respondent with an electronic copy (.pdf) of FAA Order 

2150.3b, which includes the FAA's Sanction Guidelines. 

2. July 19,2013: FAA Written Explanation of Proposed Penalty Calculation. 

On or before July 19,2013, the FAA shall serve the Respondent with a written 

explanation detailing how the FAA calculated its proposed $600 civil penalty. 

3. July 19, 2013: Deadline for Completing General Discovery. The last date for 

both parties to finish responding and serving answers to any other additional 

general discovery requests pursuant to CR 26- CR 36 and 14 C.F .R. § 13 .220(b) 

and (e). 

4. August 23, 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. 

Page 1 of3 
a) September 13, 2013: Deadline for filing Answer to Dispositive Motion(s); 

b) September 27,2013: Deadline for filing Reply (if any). 

5. October 10,2013: Motion Conference 11:00 a.m.-12:00 p.m. ET. On October 

10, 2013 (11 :00am-12:00pm ET) the parties shall appear by telephone for oral 

argument on any dispositive motions. N.B. lfthe parties do not file dispositive 

motions, then this Motion Conference will be automatically converted and held as 

a Pre-Hearing Status Conference. 

B. Requests for modification of the discovery and motion deadlines 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 (1 0) 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 relevant discovery 

requests and responses, and a declaration by the moving party, pursuant to Civ. R. 

37(a)(l), 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)(l) declar8:tion 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 of 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. For clarifications of this order or questions with regard to the procedures 

to be followed in this case, please contact Mr. Cody L. Smith, Attorney-Advisor, at the 

Office ofHearings (202-366-6941). 

Attachment: Service List 

Page 2 of2 
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 2W1 0001 

Mr. R. Bennett Sargent, Esq. 

Complainant's Counsel 

Office of the Regional Counsel, ANE-7 · 

New England Region · 

Federal Aviation Administration 

12 New England Executive Park 

Burlington, MA 01821 

TEL: 781-238-7058 

FAX: 781-238-7055 

Mr. Scott Tice 

Pro se Respondent 

21125 Timberland Road 

Barronett, WI 54813-9540 

scott@ticetech.com 

Judge J.E. Sullivan 

US. Administrative Law Judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

ONE COPY 

1200 New Jersey Avenue, S.E. (E11-310) 

Washington, DC 20590 

TEL: 202-366-2132 

FAX: 202-366-7536 

FDMS No. FAA-2013-0042 

(Civil Penalty Action) 

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.