In The Matter Of: SCOTTTICE Respondent 

## SERVED: June 14, 2013 U.S. DEPARTMENTOFTRANSPORTATION OFFICE OFHEARINGS WASHINGTON, DC

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DocketNo. FAA-2013-0042 ) ) ) ) ) Case No. 2012NE700211



### ORDERSETTING DISCOVERYAND MOTION DEADLINES On May 21,2013, an Order Granting FAA Renewed Motion for OrderDeeming Allegations Admitted and Granting/Denying OtherReliefwas 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. Pursuantto 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;



### ITIS HEREBYORDERED: A. The discovery andmotion deadlines are hereby set as follows: 1. 

### June 28, 2013: 

### Sanction Guidelines Disclosure. On orbefore June 28, 2013, the FAA shall providethe Respondent with an electronic copy (.pdf) ofFAA Order 2150.3b, which includes the FAA's Sanction Guidelines. 2. 

### July 19,2013: 

### FAAWritten Explanation ofProposed Penalty Calculation. On orbefore July 19,2013,the FAA shall serve the Respondent with a written explanation detailing howthe FAA calculated its proposed $600 civil penalty. 3. 

### July 19, 2013: 

### Deadlinefor Completing General Discovery. The last date for both parties to finish responding and serving answers to any other additional general discovery requests pursuantto CR 26- CR36 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 of3a) September 13, 2013: Deadline for filing Answerto Dispositive Motion(s); b) September27,2013: Deadline for filing Reply (ifany). 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. lftheparties 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 ofthe discovery and motion deadlines set forth in paragraph A may be made by written Motion. Before filing such a Motion, however, theparty seeking the modification shall contact the opposing party and seek to arrive at mutually convenient alternative date(s). A report on the result ofthis discussion shall be included by the movant in the Motion. C. Discoveryrequests or documents complying with discovery requests need notbe filed in this case withthe Office ofHearings, except as part ofa motion regarding disputed discovery, or as part ofa motionto compel discovery. D. Any Motions regarding discovery, including a Motionto 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 mustbe accompanied by the relevant discovery requests and responses, and a declarationby the moving party, pursuantto 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 movantto resolve the dispute and identify which discovery matters remain in dispute. Statements in oppositionto discovery motions must be filed within ten (10) calendar days after service ofthe motion. The failure to timely file objections to discovery may result inthe objectionsbeing deemed waived. Belated service ofburdensome discovery requests may also be grounds for denial ofa motion to compel compliance with such requests. E. For clarifications ofthis order or questions with regard to the procedures to be followed in this case, please contactMr. Cody L. Smith, Attorney-Advisor, at the Office ofHearings (202-366-6941).

Attachment: Service List Page 2 of2SERVICE LIST- BYU.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-Suite2W1000 1

Mr. R. Bennett Sargent, Esq. Complainant's Counsel Office ofthe Regional Counsel, ANE-7 · NewEngland Region · Federal Aviation Administration 12 NewEngland 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. AdministrativeLawJudge Office ofHearings, M-20 U.S. Department ofTransportation ONE COPY

1200 NewJersey 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-Suite2WIOOO, Washington, DC 20591; Attention: Hearing Docket Clerk, AGC-430.