UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

IN THE MATTER OF: 

NORTHEASTERN AVIATION 

CORPORATION 

Respondent 

Tuesday, 

March 22, 2016 

FDMS No. 

FAA-2014-0812 

1 

The teleconference convened, pursuant 

to notice, at 1:30 p.m. 

BEFORE: 

THE HONORABLE J. E. SULLIVAN, 

Administrative Law Judge 

(202) 234-4433 

:,-- -,~ ·- -

NEAL R. GROSS 

COURT REPORTERS AND TRANSCRIBERS 

1323 RHODE ISLAND AVE., N.W. 

WASHINGTON, D.C. 20005-3701 (202) 234-4433 
APPEARANCES: 

On Behalf of the Complainant: 

ZACHARY M. BERMAN 

of: Office of Regional Counsel, 

Eastern Region 

Federal Aviation Administration 

1 Aviation Plaza 

Jamaica, New York 11434 

718-553-3273 

zachary.berman@faa.gov 

On Behalf of the Respondent: 

EDWARD J. LONGOSZ, II, ESQ. 

of: Eckert Seamans Cherin & Mellot, LLC 

1717 Pennsylvania Avenue, NW 

Suite 1200 

Washington, D.C. 20036 

202-659-6619 

elongosz@eckertseamans.com 

Also Present: 

2 

DOUGLAS M. RAWALD, Administrative Law Judge 

(202) 234-4433 

NEAL R. GROSS 

COURT REPORTERS AND TRANSCRIBERS 

1323 RHODE ISLAND AVE., N.W 

WASHINGTON, D.C. 20005-3701 (202) 234-4433 
3 

1 P-R-0-C-E-E-D-I-N-G-S 

2 (1:31 p.m.) 

3 JUDGE SULLIVAN: We're on the record 

4 in the matter of Northeastern Aviation 

5 Corporation. This is Docket Number FAA-2014-

6 0812. Today is Tuesday, March 22nd, 2016 and the 

7 parties have convened for a third pre-hearing 

8 status conference. 

9 The FAA is represented by its Attorney 

10 of Record, Mr. Zachary M. Berman. 

11 The Respondent, Northeastern Aviation 

12 Corporation, is represented by its Attorney of 

13 Record, Mr. Edward J. Longosz, II. 

14 Also present at the Office of Hearing, 

15 sitting in as an observer only, is Judge Douglas 

16 M. Rawald. Good afternoon to you all. 

17 MR. BERMAN: Good afternoon. 

18 MR. LONGOSZ: Good afternoon again, 

19 Your Honor. 

20 JUDGE SULLIVAN: Yes. I'll note that 

21 the parties last convened on March 2nd, 2016 by 

22 telephone. 

(202) 234-4433 

During that time 

NEAL R. GROSS 

COURT REPORTERS AND TRANSCRIBERS 

1323 RHODE ISLAND AVE., N.W. 

WASHINGTON, D.C. 20005·3701 

the parties 

(202) 234-4433 
4 

1 discussed the status of the case and agreed, 

2 among other things, to reconvene for a third pre3 hearing status conference on today' s date and 

4 time. 

5 An order issued on March 3rd, 2016 

6 codified that agreement and that order is 

7 identified as the March 3rd, 2016 order setting 

8 third pre-hearing status conference and 

9 granting/denying other relief. 

10 Since the parties had been talking, as 

11 of March 2nd, 2016 and potentially settling the 

12 matter, I'm going to turn first to the FAA 

13 Attorney and ask about the status of the case. 

14 Mr. Berman? 

15 MR. BERMAN: Yes, Judge, I apologize. 

16 I feel it's a matter that would be resolved by 

17 today, but hasn't quite been. 

18 I left a message with Mr. Longosz 

19 about it an hour ago saying, and this is what I 

20 told him and I'll tell you, Your Honor, that 

21 there was a lot of, that there was more back and 

22 forth than I expected, within in the Agency, 

(202) 234-4433 

NEAL R. GROSS 

COURT REPORTERS AND TRANSCRIBERS 

1323 RHODE ISLAND AVE .. N.W. 

WASHINGTON, D.C. 20005-3701 (202) 234-4433 
5 

1 about what type of settlement offer we propose. 

2 But we finally, I believe that the 

3 Agency -- within the Agency, we finally came to 

4 an agreement, about an hour ago, that we would 

5 settle the case for a warning notice. And it's 

6 just a question of putting together, it shouldn't 

7 take that long. 

8 They said, again, that they should 

9 have a draft warning notice for me that I can 

10 incorporate into the settlements agreement. So I 

11 would ask for your indulgence, Your Honor, in 

12 asking for another two weeks so we could finally 

13 resolve this. 

14 We're a lot closer now then, I know 

15 you've heard this before, it sounds like a broken 

16 record, but this time we're more firmly -- just 

17 more firm within the Agency that what we want, 

18 how we want to settle this case. 

19 And I don't anticipate any problem 

20 getting Northeastern to agree to that. 

21 JUDGE SULLIVAN: Thank you, Mr. 

22 Berman. Mr. Longosz, turning to you, do you have 

(202) 234-4433 

NEAL R. GROSS 

COURT REPORTERS AND TRANSCRIBERS 

1323 RHODE ISLAND AVE., N.W. 

WASHINGTON, D.C. 20005-3701 (202) 234-4433 
6 

1 anything you would like to add or correct to the 

2 FAA's summary of the status of the case? 

3 MR. LONGOSZ: No, this is the first 

4 I've heard it. And I apologize, I was not in the 

5 office to accept the phone call, but I'm fine 

6 with those representations. 

7 As I mentioned to, Your Honor, the 

8 last time, the devil's in the details. And as 

9 soon as we see what's proposed, we'll turn around 

10 and look at it. And if there's any issues we'll 

11 deal with Mr. Berman. 

12 But I think everything that he 

13 mentioned here is consistent with our prior 

14 conversations regarding the type of settlement. 

15 JUDGE SULLIVAN: Okay. Why don't we 

16 do this then, because it does cost the FAA money 

17 to pay for a court reporter for these 

18 proceedings. And it does cost the Counsel time 

19 and money to appear for them. 

20 We currently have a hearing scheduled 

21 for Manhattan, New York on May 4 and May 5, 2016. 

22 I have reserved a courtroom at the Jacob K. 

(202) 234-4433 

NEAL R. GROSS 

COURT REPORTERS AND TRANSCRIBERS 

1323 RHODE ISLAND AVE., N.W. 

WASHINGTON, D.C. 20005-3701 (202) 234-4433 
7 

1 Javi ts Federal Building in downtown New York 

2 City. So I'll be sending out a notice of hearing 

3 location to you both. 

4 What I would suggest, however, is that 

5 I give you a report in deadline as opposed to a 

6 telephone conference. I'm going to suggest this 

7 to you to see if this would work. 

8 So Today is March 22nd, 2016. Two 

9 weeks from today is April 5th, 2016. It's 

10 possible to get settlement finished and filed 

11 with the court by April 8th, 2016. I could give 

12 that as the deadline for the parties. 

13 And then if that doesn't work, it 

14 would be the same deadline for the parties to 

15 contact the court informally and ask for a brief 

16 extension. Say to April 15, 2016. 

17 Because I can hold off, I think, in 

18 making travel arrangements until April 15, 2016, 

19 if settlement doesn't work out. 

20 I know that's cutting it close to the 

21 wire, if in fact settlement fails and you have to 

22 get your witnesses all ready to go and travel 

(202) 234-4433 

NEAL R. GROSS 

COURT REPORTERS AND TRANSCRIBERS 

1323 RHODE ISLAND AVE., N.W 

WASHINGTON, D.C. 20005-3701 (202) 234-4433 
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1 arrangements for yourself. So I'm just going to 

2 put it out there for your consideration and see 

3 what you think would work best for you and your 

4 client. 

5 Mr. Berman, starting with you. 

6 MR. BERMAN: Yes, your proposal sounds 

7 fine to me. 

8 JUDGE SULLIVAN: Mr. Longosz, same 

9 question. 

10 MR. LONGOSZ: That sounds prudent, 

11 Your Honor. We would agree. 

12 Would that mean that we know we have 

13 a March 20, I believe 29, deadline for witness 

14 lists and exhibits? And the Court would be 

15 extending that deadline so that we would not 

16 expend costs to our client, if in fact the case 

17 will resolve itself in the next two weeks? 

18 JUDGE SULLIVAN: I'm looking at my 

19 order. And let me just double check that due 

20 date. 

21 My original litigation procedural 

22 order indicated on, that the witness lists would 

(202) 234-4433 

NEAL R. GROSS 

COURT REPORTERS AND TRANSCRIBERS 

1323 RHODE ISLAND AVE., N.W. 

WASHINGTON, D.C. 20005-3701 (202) 234-4433 
9 

1 be due today, actually. And then --

2 MR. LONGOSZ: Your Honor, I believe 

3 your third pre-hearing status conference order, 

4 when we talked last time, Your Honor was able to 

5 extend it to March 29. It's embedded in that 

6 order. 

7 JUDGE SULLIVAN: You're absolutely 

8 correct. Thank you very much. 

9 So as of March 3rd, 2016, the court 

10 had extended the March 22nd, 2016 deadline for 

11 filing the witness lists and exhibits to March 

12 29, 2016. 

13 And, Mr. Longosz, your proposal is to 

14 re-extend that to April 8th or to a later date? 

15 MR. LONGOSZ: April 8th or April 15, 

16 whichever is appropriate or that the Court agrees 

17 to and is fine with Mr. Berman. Either one of 

18 those days. But to extend whatever deadlines we 

19 have into one of those dates. 

20 JUDGE SULLIVAN: Why don't we do this, 

21 and then I'll ask you both if it's acceptable. 

22 Let's set April 8th, 2016 as a firm deadline for 

(202) 234-4433 

NEAL R. GROSS 

COURT REPORTERS AND TRANSCRIBERS 

1323 RHODE ISLAND AVE., N.W. 

WASHINGTON, D.C. 20005-3701 (202) 234-4433 
10 

1 filing any settlement papers with the court. 

2 Let's set April 15, 2016 as the 

3 deadline for filing witness lists and exhibits. 

4 And then if you cannot get the date, if you 

5 cannot, and I'm not suggesting that you 

6 shouldn't, but if for some reason there's a huge 

7 snow storm, tornado or something else that none 

8 of us have control over that impedes your ability 

9 to make that April 8, 2016 deadline, you at least 

10 then have a few days, between April 8, 2016 and 

11 April 15, 2016, to file the paperwork before your 

12 witness lists and exhibits are due. 

13 Mr. Berman, would that be acceptable 

14 to you? 

15 MR. BERMAN: Yes. 

16 JUDGE SULLIVAN: And, Mr. Longosz? 

17 MR. LONGOSZ: Yes. 

18 JUDGE SULLIVAN: Okay. I will issue 

19 a written order codifying that. That means that 

20 we do not have any further pre-hearing status 

21 conferences on our docket, between now and the 

22 first day of hearing, which is May 4, 2016 at 

(202) 234-4433 

NEAL R. GROSS 

COURT REPORTERS AND TRANSCRIBERS 

1323 RHODE ISLAND AVE., N.W. 

WASHINGTON, D.C. 20005-3701 (202) 234-4433 
11 

1 9:00 a.m. in New York, New York. 

2 I'll look forward to getting the 

3 paperwork as soon as you can file it. If you can 

4 file it, obviously before April 8, 2016, that 

5 works even better for everyone involved. 

6 My last question to you is, I know 

7 that this is one of two cases, but it's my 

8 understanding in the second case that there are, 

9 let me just make sure. It looks like different 

10 FAA counsel and also a different attorney from 

11 Mr. Longosz's firm involved. 

12 So, Mr. Longos z, I think you or a 

13 colleague will be reappearing before me, this 

14 afternoon at 2:30, on that other matter? 

15 MR. LONGOSZ: I will be, Your Honor. 

16 Ms. Sahr appeared last time because I was out of 

17 town in my stead, but I will be appearing. And 

18 Ms. Sahr and I have discussed the last status 

19 that was before you, so I'm up to date. 

20 JUDGE SULLIVAN: Okay, good. Then 

21 with that, Mr. Berman, anything else we need to 

22 address for your Client before we close today? 

(202) 234-4433 

NEAL R. GROSS 

COURT REPORTERS AND TRANSCRIBERS 

1323 RHODE ISLAND AVE., NW. 

WASHINGTON, D.C. 20005-3701 (202) 234-4433 
12 

1 MR. BERMAN: No, Judge. Thank you. 

2 JUDGE SULLIVAN: And, Mr. Longosz, 

3 same question to you? 

4 MR. LONGOSZ: No, Judge, thank you. 

5 JUDGE SULLIVAN: Okay. You're very 

6 welcome. Good luck to you both in your final 

7 settlement negotiation. 

8 With that, we can go off the record 

9 and I wish you all a good day. Thank you. 

10 MR. BERMAN: Thank you. 

11 MR. LONGOSZ: You too, bye. 

12 JUDGE SULLIVAN: Bye. 

13 (Whereupon, the above-entitled matter 

14 went off the record at 1:42 p.m.) 

15 

16 

17 

18 

19 

20 

21 

22 

(202) 234-4433 

NEAL R. GROSS 

COURT REPORTERS AND TRANSCRIBERS 

1323 RHODE ISLAND AVE., N.W. 

WASHINGTON, D.C. 20005-3701 (202) 234-4433 
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Neal R. Gross and Co., Inc. 

Washington DC 

lot4:21 5:14 

luck 12:6 

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Washington DC 

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(202) 234-4433 

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Neal R. Gross and Co., Inc. 

Washington DC www.nealrgross.com 
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C E R T I F I C A T E 

This is to certify that the foregoing transcript 

In the matter of: Northeastern Aviation Corp. 

FAA-2014-0812 

Before: DOT/OH 

Date: 03-22-16 

Place: teleconference 

was duly recorded and accurately transcribed under 

my direction; further, that said transcript is a 

true and accurate record of the proceedings. 

Court Reporter 

(202) 234-4433 

NEAL R. GROSS 

COURT REPORTERS AND TRANSCRIBERS 

1323 RHODE ISLAND AVE, N.W 

WASHINGTON, D.C. 20005-3701 www.nealrgross.com