UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS

IN THE MATTER OF: WORLD LOGISTICS SOLUTIONS, LLC Respondent

Wednesday, January 20, 2016 FDMS No. FAA-2015-0207 1

The teleconference convened, pursuant to notice, at 1:30 p.m.
BEFORE: THE HONORABLE J.E. SULLIVAN, Administrative Law Judge

(202) 234-4433 

# RECEIVED FEB - 42016 HEARING DOCKET



## ORIGINAL

NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLANDAVE., N.W. WASHINGTON, D.C. 20005-3701 (202) 234-4433APPEARANCES: CODY SMITH, ESQ. FAA Office of Hearings 1200 New Jersey Ave SE Washington, DC 20590 202-366-6941 Cody.Smith@DOT.gov

(202) 234-4433 NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W. WASHINGTON, D.C. 20005·3701 2

(202) 234-44333

1 P-R-0-C-E-E-D-I-N-G-S 2 (1:40 p.m.) 3 ADMIN. JUDGE SULLIVAN: We're on the 4 record in the matter of World Logistics 5 Solutions, LLC. This is Docket Number FAA-2015- 6 0207. Today is Wednesday, January 20, 2016. And 7 the Court has convened for a pre-hearing status 8 conference. 9 The Federal Aviation Administration is 10 represented by its attorney of record, Ms. Kate 11 Barber. She is not present today, and there's no 12 explanation for her absence. 13 The Respondent, World Logistics 14 Solutions, LLC, is represented by its attorney of 15 record, Mr. David M. Hernandez. He is not 16 present, and there is no explanation for his 17 absence. 18 Present at the Office of Hearings is 19 Mr. Cody L. Smith, an attorney advisor with this 20 office, who's sitting in as an observer only. 21 Also present, obviously, is the court reporter 22 who is

(202) 234-4433 creating a transcript

NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W. WASHINGTON, D.C. 20005-3701 of these

(202) 234-44334 1 proceedings. 2 I will note that this case was 3 referred to the Office of Hearings on 4 approximately February 26th, 2015, for litigation 5 proceedings based on a request for hearing that 6 was filed by the Respondent with the FAA Hearing 7 Docket on February 26th, 2015. And that 8 particular request for hearing was dated by the 9 principle signator, on Page 1 of the one page 10 document, February 9, 2015. 11 I'll note that shortly after the 12 Office of Hearings received this material on 13 February 26th, 2015, Ms. Barber filed a formal 14 Notice of Appearance indicating that she would be 15 the attorney of record for the FAA. 16 On March 4, 2015, there was a Notice 17 of Assignment of Proceeding filed, and the case 18 was assigned originally to Judge Richard C. 19 Goodwin, the judge who formerly had this case. 20 Judge Goodwin filed on March 19, 2015, 21 a procedural order which is part of the record. 22 And I won't review specifically other than to say

(202) 234·4433 NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W. WASHINGTON, D.C. 20005·3701 (202) 234·44335 1 that Judge Goodwin, in this order, set the matter 2 for hearing in Chicago, Illinois, for a hearing 3 date sometime after July 1, 2015, subject to 4 courtroom facilities being available. 5 On March 27, 2015, the Respondent 6 filed a formal answer to the complaint. And 7 thereafter, on October 8 ' 2015, an order 8 reassigning proceeding was filed, because Judge 9 Goodwin had transferred from this office to 10 another agency and was no longer available to 11 preside over proceedings. At that point, on 12 October 8, 2015, this Court took over management 13 and oversight of this case. 14 Twelve days later, on October 20, 15 2015, an order setting deadlines for parties' 16 informal case discussion and report and setting a 17 pre-hearing status conference was filed. 18 In this particular order, the Court 19 directed the parties to confer privately to 20 discuss the status of the case on or before 21 December 18, 2015. 22 The Court also ordered the parties to

(202) 234-4433 NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W. WASHINGTON, D.C. 20005-3701 (202) 234-44336 1 file with the Court, on or before January 8, 2 2015, a short, informal written report regarding 3 this informal discussion. 4 In addition, the Court order directed 5 the parties to appear today, January 20, 2016, at 6 1:30 p.m. Eastern time for a pre-hearing status 7 conference with this Court to discuss the status 8 of the case. The Court provided the Court ' s 9 conference line and directed the parties to call 10 it. 11 In addition, the Court provided that 12 if either party had a conflict with the January 13 20, 2016, date to please notify the opposing 14 party and also contact the Office of Hearings for 15 alternate dates and times for scheduling of the 16 conference. 17 This particular order, dated October 18 20, 2015, was served on both parties by United 19 States mail and was also served by fax to both 20 parties to their fax number of record. No mail 21 was returned undeliverable from either party, and 22 no fax

-- the fax confirmation showed that each

(202) 234-4433 NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., NW. WASHINGTON, D.C. 20005-3701 (202) 234-44337 1 party received the fax by courtesy copy. 2 So, we are convened here today. And 3 I will note that on January 8, 2016, excuse me, 4 the parties failed to file, either a jointly or 5 unilaterally, a short, informal written report 6 regarding the status of the case. 7 In addition, neither party contacted 8 the Court to ask for an alternate date for 9 today's conference. And lastly and most 10 obviously, neither party has appeared today as 11 directed by the Court to advise the Court of the 12 status of this case. 13 There are a variety of different 14 options that the Court has in terms of addressing 15 the parties non-compliance with a Court order and 16 failure to prosecute or respond in litigation. 17 Given the silence of both parties and 18 the failure to comply with the Court order by 19 both parties, it appears that there may have been 20 a solution reached by these parties and that they 21 have not notified the Court of this. 22 Therefore, instead of returning this

(202) 234-4433 NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLANDAVE., N.W. WASHINGTON, D.C. 20005-3701 (202) 234-44338 1 case to the Court's large holding docket, it 2 would appear to be most efficacious for the Court 3 to set a deadline for the parties to show cause 4 why this case should remain on the Court's 5 docket. And if there is no show cause finding, 6 the Court will dismiss this action without 7 further proceedings. 8 Thus, as of January 20, 2016, it would 9 appear reasonable, given the parties' failure to 10 comply with the Court order, failure to file a 11 Court ordered case status report and failure to 12 appear for this conference, that setting a 13 deadline two weeks from today, that being 14 February 3rd, 2016, for a show cause statement 15 from either party as to why this case should not 16 be dismissed would be reasonable. And the Court 17 will so set that deadline. 18 If there is no filing by either party 19 with the Office of Hearings, and when I say 20 filing I'm referring to the matter being date 21 stamped received by this office as of February 22 3rd, 2016, or before, this Court will enter an

(202) 234-4433 NEAL R. GROSS COURT REPORTERS ANDTRANSCRIBERS 1323 RHODE ISLANDAVE., N.W. WASHINGTON, D.C. 20005-3701 (202) 234-44339 1 order dismissing this action with prejudice 2 dismissing the complaint, excuse me, with 3 prejudice. 4 With that, it appears our business is 5 complete. We can go off the record. 6 (Whereupon, the above-entitled matter 7 went off the record at 1:50 p.m.) 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22

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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: World Logistics Solutions

Before: US DOT/FAA

Date: 01-20-16

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

NEAL R. GROSS

(202) 234-4433 COURT REPORTERSANDTRANSCRIBERS 1323 RHODE ISUANDAVE., N.W. WASHINGTON, D.C. 20005-3701 www.nealrgross.com