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SERVED AUGUST 30, 2012 :~::p~"~.RTMENT OF . ,-. '.I''":JQRTA"fi')t I : .,/\1\~:J·~. ' .. l.'·~ 

U.S. DEPARTMENT OF TRANSPORTATIO~FJ:T OPEfif.\T!Ot\1:~~ · 

In The Matter Of: 

KALITTA AIR, LLC 

Respondent 

OFFICE .OF HEARINGS 

WASHINGTON, DC J'IHZ ~.0 

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Docket No. F A.A-2012-'0782 

Case No. 2011-GL-23-0099· 

ORDER SETtiNG RULE 16 LITIGATION SCHEDULING CONFERENCE, AND· 

.. 

DIRECTING RULE 26(f) PLANNING AND SUBMISSION 

1) Rule 16 Litigation Scheduling Conference: · ·· • . ., . 

Pursuant to 14 C.F.R. § 13.205(a)(1) and (7)and Fed. R. Civ. P. 16; the f.;a:ties shall appear 

by telephone on Wednesday, October 31, 2012 at 1:30pm Eastern time for a Rul~ 16 

Litigation Scheduling Conference. During this C,onference the parties will discuss the issues-in 

the dispute, their jointiy submitted propose,d scheduling/discovery plan (see paragraph 2 infra) 

and respond to any questions regarding disagreements not resolved in the proposeQ. plan. During 

the Conference a final scheduling/discovery plan will be ruled upon, as well as any' other related . . . . matters pursuant to Rule 16(c ). The Office of Hearings will initiate the Confereri.se .. by telephone . ·""'• 

call, contacting each party at the party's telephone number of record. A party inay. pro:vide an ' ~ ~ A 

alternate number by notifying the Office of Hearings at least 24 hours prior to the Conference ... 

. . ' : .•. ·- 2) Rule 2~(t) Attomeysi Planning Meeting and Sub~ission of-Proposed Discov~ryJ>lan: ·; .. 

Pursuant to 14 C.F.R. § ·13.217 and Fed. R. Civ. P. 26(f),prior to convening.wi"ihthe Juf!ge 

for the Rule 16 Litigation Scheduling Conference, the p~ies shall privately conduct a Rule 26(f) 

planning meeting and prepar~_ajointly written proposed scheduling/ discovery pl(lll;~'Yhich must . '· 

be completed and filed with the undersigned Judge on or before Wednesday, Oc.tober 24; lOt~ 

(i.e. seven (7) calendar days before the Conference) . .In addition to- filing the propo_s~d 

scheduling/discovery plan by regular mail filing with the U.S. Departmynt o~Tran~po~tion's 

PopketQffice, th~ p~~e~ sp~ll file awq.rldng q_QJ~~-,ofthe s~hed~Fng/disc()veryplari ~ith the · .< , ' ' ' ' ' .; ' ' ,' .·' I · . .' • ·." ~ ~ •> •\·• • : '':• ', ' I' ~ • 

Page~ 6f2 

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undersigned J~dge atthe Office of Hearings by fax, express carrier, or personal de1iverr The 

certificate of service should reflect the manner of service; 

The Attorneys' Rule 26(f) planning meeting shall include a good faith discussion about the 

nature and basis. of each party's claims, the possibility of resolving all or part of the case, the 

scope and type of discovery (including electronic discovery) and the place of venue for hearing. 

During this meeting, the parties shall discuss matters identified in ·14 C.F .R. § 13.217 and Rule 

26(±)(2) and (3) as part of developing their proposed scheduling/dis<;overy plan. 

The parties' planning meeting should also include discussion about the sequence and timing 

offollow-q.p discovery, including whether that discovery should be conducted in phases to 

prepare for any filing of particular motions (e.g., limiting scope of trial, dispositive motions, etc). 

The deadlines in the parties' proposed scheduling/discovery plan should be mutually agreeable, 

with a view to achieving case resolution with a minimum of expense and delay. Any unresolved 

scheduling/discovery disputes should be clearly identified in the proposed plan, so that these 

disputes may be addressed by the Judge during the Rule 16 Litigation Scheduling Conference. 

3) Conflicts with Rule 16 Litigation Scheduling Conference Date: 

If a party has an unavoidable conflict with the Scheduled Rule 16 Litigation Scheduling 

Conference set in paragraph 1 supra, and wishes to modify the date/time of the scheduled 

Conference, the party shall first confer with opposing counsel about mutually agreeable 

alternate dates, and then contact C. Diane Mays at the Office of Hearings (202-366-2132) as 

soon as possible after the rec~ipt of this Order, with at least three (3) mutually-agreed, 

proposed alternate dates/times for the Judge's consideration. 

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Attachment: Service List 

. Page2.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 2Wl 0001 

George W. Kelsey, Respondent's Counsel 

Kalitta Air, LLC 

2395 S. Huron Parkway, Suite 200 

Ann Arbor, MI 48104 

TEL: 734-973-1222 

FAX: 734-973-1223 

Chris G. Zurales, Complainant's Counsel 

Great Lakes Region, AGL-7K 

Federal Aviation Administration 

2300 East Devon Avenue 

Des Plaines, IL 60018-4696 

TEL: 847-294-7713 

FAX: 847-294-7498 

ONE COPY 

The Honorable J.E. Sullivan, Administrative Law Judge 

Office of Hearings, M-20 . 

U.S. Department of Transportation 

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

Washington, DC 20590 

TEL: 202-366-2132 

FAX: 202-366-7536 

FDMS No. FAA-2012-0782 

(Civil Penalty Action) 

I ' Service wa~ by u. s?M:ail. For S~rVice 'in persbri or by expectit6J cdtirier,.\l~e the folloWfhg'address;· F~der~I Aviation Administration, 600 Independence Avenue, S.W., Wilbur Wright Building-Suite 2W1000, Washington, 

l)C 20591; Attention: Hearing Docket Clerk, AGC~30. ·