### ...J 

# < :z

........ 

# ""

- 0:: 

## 0 1**·~ :;~;!-,** 

### PTMFN\

### OF 

## u.s. DEPARTMENT OF

### TRANSPORTATIONf;i~SPORTAT\ON



### .**~**

### j(tT**OPER;~JIOt~S** OFFICE OF HEARINGS TELEPHONE CONFERENCE CALL

IN THE MATTER OF: IVY ENTERPRISES, INC., (Civil Penalty Action) :FDMS No. FAA-

_____________________________:2011-1116 Thursday, April 5th, 2012 The above-entitled matter came on for telephone conference call, pursuant to notice, at 10:00 a.m. BEFORE: THE HONORABLE J.E. SULLIVAN, Administrative Law Judge

(202) 234-4433 

# RECEIVED**~APR** 

## 2 0:

## 2812 

# HEARING 

# DOCKET

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

### APPEARANCES:
On Behalf of the Complainant: Federal Aviation Administration JEANINE C. GOTTIMER, ESQ. of: Office of the Regional Counsel Eastern Region Federal Aviation Administration 1 Aviation Plaza Jamaica, New York 11434 

### Tel: (718) -553-3272 

### Fax: (718) - 9 9 5 - 5 6 9 9



### On Behalf of the Respondent: Ivy Enterprises, Inc. ALEXANDER G. BATEMAN Jr., ESQ. of: Ruskin Moscou Faltischek, P.C. 1425 

### RXR Plaza East Tower, 15th 

### Floor Uniondale, New York 11556 

### Tel: (516) 663-6589 

### Fax: (516) 6 6 3 - 6 7 8 9 

### ALSO PRESENT: JOHN COONEY, ESQ.

NEAL R. GROSS 2

(202) 234-4433 COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W. WASHINGTON, D.C. 20005-3701 www.nealrgross.com3
1 P-R-0-C-E-E-D-I-N-G-S 2 (10:01 a.m.) 3 JUDGE SULLIVAN: We are on the 4 record in the matter of Ivy Enterprises Inc. 5 This is docket number FAA-2011-1116. Today is 6 Thursday, April 05, 2012 and the parties have 7 convened for a second litigation scheduling 8 conference. 9 The Federal Aviation 10 Administration is represented by its Attorney 11 of Record, Jeanine Gottimer. 12 The Respondent, Ivy Enterprises 13 Inc., 1s represented by its Attorney of 14 Record, Alexander G. Bateman Jr. Also present 15 as an observer with Mr. Bateman is John 16 Cooney, an associate at his law firm. 17 Good morning everyone. 18 MR. BATEMAN: Good morning. 19 MS. GOTTIMER: Good morning. 20 JUDGE SULLIVAN: I will note that 21 I did receive the Respondent's answer, it was 22 filed with the Office of Hearings on March 06,

NEAL R. GROSS
(202) 234-4433 COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W. WASHINGTON, D.C. 20005-3701 www.nealrgross.com4 1 2012. And I also received the parties joint 2 Proposed Scheduling/Discovery Plan, on March 3 29, 2012. Thank you both very much for your 4 work on that. 5 We obviously have a couple of 6 matters that we still need to discuss though. 7 And let's just jump right into that. 8 In terms of the dispositive 9 motion. According to your joint Discovery 10 Plan, you want to have dispositive motions, 11 filed on or about October 11, 2012. 12 Obviously you can file dispositive 13 motions at any time, but October 11, 2012 lS 14 the proposed deadline for the last date to 15 file. With October 22, 2012 the deadline for 16 the answer, to any dispositive motion. 17 I typically will allow a reply to 18 be filed, by the moving party, to any 19 dispositive motion. And I also, typically set 20 that reply date for about seven days out, 21 after the answer. 22 Would that be reasonable in your

NEAL R. GROSS
(202) 234-4433 COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W. WASHINGTON, D.C. 20005-3701 www.nealrgross.com5
1 opinion, Ms. Gottimer? 2 MS. GOTTIMER: Yes, Judge. Thank 3 you. 4 JUDGE SULLIVAN: Okay, and Mr. 5 Bateman? 6 MR. BATEMAN: Yes, Judge. 7 JUDGE SULLIVAN: Okay. Then seven 8 days from October 22, 2012 would be October 9 30, 2012. 10 Let's talk then about a telephone 11 conference. Whenever I have a dispositive 12 motion, I typically will take oral arguments 13 on that. 14 What I have been doing, 1s setting 15 an oral arguments date, on every dispositive 16 motion that I set. And then if no dispositive 17 motions are filed, I'll convert that telephone 18 conference to a pre-hearing status conference, 19 to find out if there any last requests of the 20 parties about taking care of the matter in 21 dispute, prior to us all showing up for the 22 trial.

NEAL R. GROSS
(202) 234-4433 COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W. WASHINGTON, D.C. 20005-3701 www.nealrgross.com6
1 Let's talk about a telephone 2 motion date after October 30, 2012. Typically 3 I schedule this for an hour. Parties would be 4 appearing by telephone, just like you're doing 5 today. 6 Sometimes the argument takes a 7 little bit longer than an hour, sometimes it 8 takes much less. Particularly if it's simply 9 a status conference. 10 But looking at your ruling of 11 calendar, and I will start with Ms. Gottimer. 12 After October 30th, let's say the following 13 week, November 4th through the lOth. Do you 14 have any blackout times during that week where 15 you would not want to appear for a one hour 16 conference? 17 MS. GOTTIMER: No, Your Honor. 18 JUDGE SULLIVAN: Okay, Mr. 19 Bateman, how about you? 20 MR. BATEMAN: I don't have any 21 blackout dates either, Judge. 22 JUDGE SULLIVAN: Okay. Ms.

NEAL R. GROSS
(202) 234-4433 COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W. WASHINGTON, D.C. 20005-3701 www.nealrgross.com7 1 Gottimer, do you have any preference for a 2 morning or afternoon time? 3 MS

. GOTTIMER: I do prefer the 4 morning, if possible. 5 JUDGE SULLIVAN: And what time 6 zone are you in, just so I know? 7 MS. GOTTIMER: Eastern. 8 JUDGE SULLIVAN: Okay. Mr. 9 Bateman, how about you? Do you have any 10 preference for time during the day? 11 MR. BATEMAN: The morning is fine 12 as well, Judge. 13 JUDGE SULLIVAN: And are you also 14 in the Eastern time zone? 15 MR. BATEMAN: We are, we're in New 16 York. 17 JUDGE SULLIVAN: Okay. All right, 18 well then let's plan on 10 o'clock on 19 Wednesday, November 7th. That would be from 20 10:00 to 11:00 Eastern time. And again, if no 21 dispositive motions are filed, it will simply 22 be automatically converted to a pre-trail

NEAL R. GROSS
(202) 234-4433 COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W. WASHINGTON, D.C. 20005-3701 www.nealrgross.com8 1 conference, so that we can finish up any 2 lingering matters. 3 Venue obviously will be New York 4 City or Long Island, New York, and that's 5 simply confirming the parties agreement. 6 Ms. Gottimer, let's talk just 7 briefly about motions to compel discovery, and 8 then statements in opposition to discovery 9 motions. 10 I typically will require that 11 motions be filed ten or 15 days after service 12 of a deficit response, or after the response 13 is suppose to be due, and you don't get it. 14 Do you have any preference or do 15 you think some other period of time is better? 16 MS

. GOTTIMER: No, Your Honor. 17 That's fine. 18 JUDGE SULLIVAN: Okay. Mr. 19 Bateman, how about you? 20 MR. BATEMAN: That's fine, Judge. 21 JUDGE SULLIVAN: Do either of you 22 care about ten days versus 15?

NEAL R. GROSS
(202) 234-4433 COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W. WASHINGTON, D.C. 20005-3701 www.nealrgross.com9 1 MS. GOTTIMER: I 2 JUDGE SULLIVAN: I am sorry, Ms. 3 Gottimer? 4 MS. GOTTIMER: I was golng to say 5 the agency does not have, ten is fine, 15 is 6 fine. 7 JUDGE SULLIVAN: Okay. Mr. 8 Bateman? 9 MR. BATEMAN: Likewise, Judge. 10 JUDGE SULLIVAN: Okay, I will 11 simply put ten days then. You've got a little 12 bit of a shortened litigation schedule, so I 13 think ten days will work for you. 14 In terms of the hearing starting 15 with you Ms. Gottimer, how much time do you 16 want to reserve, to put on your entire case? 17 And this would include a potential 18 opening argument, any SNAFU's that occur 19 during the trail, which typically do occur, no 20 matter how well trials are prepared. 21 How much time do you think it 22 would take to put on your case in chief?

NEAL R. GROSS
(202) 234-4433 COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W. WASHINGTON, D.C. 20005-3701 www.nealrgross.com10
1 MS. GOTTIMER: I'm anticipating 2 maybe half a day. 3 JUDGE SULLIVAN: Okay. and Mr. 4 Bateman, knowing that you're going to be cross 5 examining all of Ms. Gottimer's witnesses, and 6 then putting on, potentially, your own 7 respons1ve case. How much time do you think 8 it will take for this case to be tried? 9 MR. BATEMAN: Judge, when I 10 consider the cross examination, and then 11 putting on our own case. My best estimate 12 would be, certainly the other half of that 13 day, and possibly still into half of the next 14 day, or another scheduled day. 15 JUDGE SULLIVAN: Okay, so about a 16 maximum of two days, perhaps. 17 MR. BATEMAN: I think that's 18 pretty accurate. 19 JUDGE SULLIVAN: Okay. Let's look 20 for two days on our calendar, after November 21 7th, and I am going to suggest that you give 22 me about a week to issue a written ruling

NEAL R. GROSS
(202) 234-4433 COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W. WASHINGTON, D.C. 20005-3701 www.nealrgross.com11
1 after November 7th. In the event that there 2 are summary judgements motions that are filed. 3 The reason I say that, is because 4 there 1s a Federal holiday the following 5 Monday. And summary judgement orders, if 6 granted, or even when denied, usually are 7 fairly ln depth because of the Rule 8 requirements, and what I have to cover, and 9 why. 10 I am not complaining about that, 11 it just takes me a little bit of time to write 12 one, so I will plan on having that issued no 13 later then the 14th of November. 14 So let's look at after November 15 14th, for a two day trial, with the 16 understanding, that we're also going to be 17 traveling potentionaly, to and from the 18 location site. 19 Ms. Gottimer, looking at your 20 calendar first, and we're looking at the 21 November holidays here, do you want to try and 22 schedule it in November after the 14th, or do

NEAL R. GROSS
(202) 234-4433 COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W. WASHINGTON, D.C. 20005-3701 www.nealrgross.com12

1 you want to move into an early December period 2 of time? 3 MS. GOTTIMER: I would say maybe 4 the last week of November is fine, but I have 5 no objections to moving into December, either. 6 JUDGE SULLIVAN: Okay. Mr. 7 Bateman, how about you? 8 MR. BATEMAN: Judge, I think, just 9 taking another look at my schedule here, I 10 think I would be ln a better position 11 scheduling wise, if we were talking about the 12 first week in December. 13 JUDGE SULLIVAN: Okay. And Mr. 14 Bateman that would be December 2nd through the 15 8th? 16 MR. BATEMAN: That's correct. 17 JUDGE SULLIVAN: Okay. Do you 18 prefer, Mr. Bateman, to start on a Tuesday, or 19 a Wednesday for a two day trial? 20 MR. BATEMAN: It makes no 21 difference to me, Judge. 22 JUDGE SULLIVAN: Okay. Ms.

NEAL R. GROSS
(202) 234-4433 COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W. WASHINGTON, D.C. 20005-3701 www.nealrgross.com13 1 Gottimer, turning back to you. Do you have a 2 preference? 3 MS. GOTTIMER: I would actually 4 prefer starting on a Wednesday. 5 JUDGE SULLIVAN: Okay. Then let's 6 schedule this for Wednesday, December 5th and 7 Thursday, December 6th. With travel days, for 8 those of us who need to travel, on Tuesday, 9 December 4 and Friday, December 7th. 10 We have had are best luck, so far 11 this year, 1n setting cases 1n the Islip 12 District Court House. So that's probably 13 where my Secretary is go1ng to call first, 14 just to give you an idea. 15 If we are unable to schedule in 16 Islip, then we'll look around in our usual 17 locations, a little closer into the 18 Metropolitan New York City area. 19 Any preference, Ms. Gottimer, for 20 start time, 9:00 or 9:30? 21 MS. GOTTIMER: I would prefer 9:30. 22 JUDGE SULLIVAN: Mr. Bateman?

NEAL R. GROSS
(202) 234-4433 COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W. WASHINGTON, D.C. 20005-3701 www.nealrgross.com14

1 MR. BATEMAN: I think 9:30 is best, 2 Judge. 3 JUDGE SULLIVAN: Okay. Start time 4 will be at 9:30 each morning. And then I have 5 two questions for you, Ms. Gottimer, about 6 your Notice of Complaint. I am golng to ask 7 you to turn to Page 16, if you will, of the 8 Notice of Complaint. 9 You indicated, that the maximum 10 penalty in the violations you are alleging is, 11 not greater than $50,000 or $100,000, if 12 death, serlous illness, severe lnJury, or 13 substantial property damage results. 14 Are you asserting at this point 15 it's $50,000 or are you asserting at this 16 point the maximum is $100,000? Can you give 17 the Court any idea of where the cap is? 18 MS. GOTTIMER: Yes, Your Honor, 19 we're asserting the $50,000 dollar cap, per 20 violation, as a maximum, not the $100,000. 21 JUDGE SULLIVAN: And how many 22 violations are you asserting?

NEAL R. GROSS
(202) 234-4433 COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W. WASHINGTON, D.C. 20005-3701 www.nealrgross.com15

1 MS. GOTTIMER: Well, there are the 2 ones that are listed, I'm just trying to take 3 a look. It goes through Z. A through Z. 4 JUDGE SULLIVAN: So you're talking 5 about 26 violations? 6 MS

. GOTTIMER: Right, those are 7 violations of the hazardous materials 8 regulations. 9 JUDGE SULLIVAN: Okay. And then 10 Notice of Complaint that was filed with my 11 office, was not dated, nor was there any proof 12 of service. Can you give me some idea of 13 when, you're asserting, that you filed the 14 Notice of Complaint? 15 MS. GOTTIMER: Yes, I have 16 actually, the dated October 3rd. 17 JUDGE SULLIVAN: I understand that 18 you have probably, a final Notice of Proposed 19 Civil Penalty, but I am not sure that we have 20 any notice of when it was filed in our office. 21 Are you saylng October 3, 2011? 22 MS. GOTTIMER: Yes. I have a copy

NEAL R. GROSS
(202) 234-4433 COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W. WASHINGTON, D.C. 20005-3701 www.nealrgross.com16 1 of the Complaint, that we filed, after the 2 final Notice of Proposed Civil Penalty, and 3 it's date stamped with a Certificate of 4 Service, October 3, 2011. 5 JUDGE SULLIVAN: Okay. Thank you 6 very much, and that's received in our office 7 as of that day? 8 MS. GOTTIMER: Okay: 9 JUDGE SULLIVAN: I am sorry, I am 10 asking you. 11 MS. GOTTIMER: You know what I 12 don't have your green card right here. I 13 don't have that with the file right here. 14 That's at a separate location, but I can track 15 that. 16 I don't know why your copy doesn't 17 have the cover sheet that's date stamped, and 18 the Certificate of Service, but I can get that 19 to you, Your Honor, along with the copy of the 20 green card. 21 JUDGE SULLIVAN: I would appreciate 22 that, because we have a copy of a Complaint

NEAL R. GROSS
(202) 234-4433 COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W. WASHINGTON, D.C. 20005-3701 www.nealrgross.com17 1 with no Notice of Service, no date stamp, 2 nothing. So it's difficult for me to know, 3 without some information, about when it got 4 filed. 5 Obviously my office was at fault in 6 that to, because the notice carne in it didn't 7 get date stamped. So if you could send me a 8 copy of that, at your leisure, that would be 9 delightful. 10 MS. GOTTIMER: Okay, absolutely. 11 Would you prefer to be scanned in an email, 12 faxed, or mailed? 13 JUDGE SULLIVAN: Faxed, please. 14 MS. GOTTIMER: Okay. Thank you. 15 JUDGE SULLIVAN: That would be 16 great. Thank you so much. 17 Okay, so 26 violations, $50,000 18 dollars per violation cap, with a trial date 19 in early December 2012. Ms. Gottirner, is 20 there anything else that we can address for 21 your client today, before we conclude? 22 MS. GOTTIMER: No, thank you, Your

NEAL R. GROSS
(202) 234-4433 COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W. WASHINGTON, D.C. 20005-3701 www.nealrgross.com18

1 

### Honor. 2 JUDGE SULLIVAN: And Mr. Bateman, 3 anything else we can address for your client 4 

### today? 5 

### MR. BATEMAN: No, Your Honor, 6 

### thank you. 7 

### JUDGE SULLIVAN: Okay, I'll be 8 

### sending out a Litigation Procedural Order, 9 

### that basically confirms the parties 10 

### agreements, ln the joint Proposed 11 

### Schedule/Discovery Plan. As well as adding ln 12 

### the new dates that we've discussed today. 13 

### I' 11 

### also note, that the Litigation 14 

### Procedural Order will talk a little bit about 15 

### bringing to the hearing, three coples of 16 

### documents, that you'll all want to admit as 17 

### exhibits. 18 

### It will be a 

### little more 19 comprehensive, about how to file Motions to 20 

### Compel Discovery. And you'll note in this 21 

### document, which is about three pages long, 22 that if you do have problems with discovery,

NEAL R. GROSS
(202) 234·4433 COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W. WASHINGTON, D.C. 20005-3701 www.nealrgross.com19 1 I do expect you to have a CR 37 conference, 2 prior to filing a motion with the Court. 3 Then if either of you have problems 4 with discovery, and do feel you need to file 5 a motion, give my Legal Secretary a call, 6 Diane Mayes. Alert her that you're going to 7 be filing a motion. 8 When you call, you should have in 9 hand, three proposed dates that you've already 10 talked with the other party about, in terms of 11 setting up an oral argument on the motion. So 12 that we can get you on my calendar as fast as 13 possible, and keep within the original 14 discovery timelines that we've set today. 15 The Litigation Order will talk 16 about how to do that, and it will go into 17 greater length. In addition, I'll simply note 18 that I generally use the Federal Rules of 19 Evidence as a primary guideline, whenever I am 20 at trial. 21 I recognize that the FAA 22 Regulations talk a little

### bi~ more generally

NEAL R. GROSS
(202) 234-4433 COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W. WASHINGTON, D.C. 20005-3701 www.nealrgross.com20 1 about allowing hear say, but I do take a look 2 at the Rules of Evidence to assess whether 3 such evidence is material and relevant. Just 4 as a heads up for you. 5 With that it appears our business 6 is complete, unless, Ms. Gottimer you have any 7 further questions? 8 MS. GOTTIMER: Nothing further, 9 Your Honor. 10 JUDGE SULLIVAN: Mr. Bateman? 11 MR. BATEMAN: Your Honor, to answer 12 that, I do have one question. 13 I hadn't thought to do this before 14 today, but when we're done here today, I guess 15 I will get an authorization form, from the 16 client, so that Mr. Cooney, when we get to the 17 hearing, obviously with the Court's 18 permission, could participate actively. 19 He and I have been working together 20 on this case, and I know that he's worked with 21 Ms. Gottimer, on the discovery. I just hadn't 22 thought to get that authorization form. Would

NEAL R. GROSS
(202) 234-4433 COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W. WASHINGTON, D.C. 20005-3701 www.nealrgross.com21 1 that be sufficient? 2 JUDGE SULLIVAN: Well, I think part 3 of your question is, who gets to talk at the 4 hearing. And typically only one person is 5 designated as the representative for any given 6 part of the proceeding. 7 So for example, I don't need an 8 authorization from your client, but you need 9 to tell me, for example, like at something 10 like this, if you want to be the observer and 11 have Mr. Cooney take on the cross examining 12 from beginning to end. I don't have a prdblem 13 with that. So long as you both are of Counsel 14 for this particular client. 15 MR. BATEMAN: All right, 16 understood. 17 JUDGE SULLIVAN: If you come to the 18 Court together, and you, Mr. Bateman, want to 19 make an opening statement, but Mr. Cooney is 20 going to conduct cross examination of all the 21 expert witnesses, that's fine with me, so long 22 as you tell me in advance, because part of my

NEAL R. GROSS
(202) 234-4433 COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W. WASHINGTON, D.C. 20005-3701 www.nealrgross.com22

1 

### job, obviously, is to make sure that the 2 appellant record is the best that it could 3 possibly be. 4 

### MR. BATEMAN: Correct. 5 

### JUDGE SULLIVAN: For any segment of 6 

### what we do, so long as. I know who's the 7 

### representative speaking, I don't have any 8 

### problem at all. 9 

### But for something like this, for 10 example, for a one hour telephone conference, 11 

### I expect to only hear from one person, and I 12 presume it's going to be you, unless you tell 13 

### me differently. 14 

### MR. BATEMAN: All right, 15 understood. 16 

### JUDGE SULLIVAN: Okay. All right., 17 with that it appears our business is complete. 18 We can go off the record. And I thank you all 19 for your time. 20 (Whereupon, the hearing in the 21 above-entitledmatter adjourned at 10:22 a.m.) 22

NEAL R. GROSS
(202) 234-4433 COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W. WASHINGTON, D.C. 20005-3701 www.nealrgross.comA above-entitled 1:15

22:21 absolutely 17:10 accurate 10:18 Action 1:7 actively20:18 adding 18:11 addition 19:17 address 17:20 18:3 adjourned22:21 Administration2:3

2:6 3:10 Administrative 1:22 admit 18:16 advance21:22 afternoon7:2 agency9:5 agreement8:5 agreements 18:10 Alert 19:6 Alexander2:12

3:14 alleging 14:10 allow4:17 allowing20:1 answer3:21 4:16

4:2120:11 anticipating 10:1 appear6:15 APPEARANCES

2:1 appearing6:4 appears20:5 22:17 appellant22:2 appreciate16:21 Apri11:13 3:6 area 13:18 argument6:6 9:18

19:11 arguments5:12,15 asking 16:10 asserting 14:14,15 14:19,22 15:13 assess20:2 associate3:16**~'*'"'"''-'''''''''''"'""'-''-"'"-~··::•** Attorney3:10,13 Civil1:7 15:19 16:2 dated 15:11,16 authorization client 17:2118:3 dates6:2118:12

20:15,2221:8 20:1621:8,14 19:9 automatically7:22 closer 13:1 7 day7:10 10:2,13,14 Aviation2:3,6,6 come21:17 10:14 11:15 12:19

3:9 compel8:7 18:20 16:7 a.m 1:18 3:222:21 Complainant2:2 days4:205:8 8:11 B complaining 11:10 8:229:11,13 Complaint14:6,8 10:16,20 13:7 back13:1 15:10,14 16:1,22 deadline4:14,15 basically 18:9 complete20:6 death 14:12 Bateman2:123:14 22:17 December12:1,5

3:15,18 5:5,66:19 comprehensive 12:12,14 13:6,7,9 6:207:9,11,15 18:19 13:917:19 8:19,20 9:8,9 10:4 conclude 17:21 deficit8:12 10:9,17 12:7,8,14 conduct21:20 delightful17:9 12:16,18,20 13:22 conference 1:3,17 denied 11:6 14:1 18:2,5 20:10 3:8 5:11,18,18 6:9 DEPARTMENT 20:1121:15,18 6:16 8:1 19:1 1:1 22:4,14 22:10 depth 11:7 beginning21:12 confirming8:5 designated21:5 Behalf2:2,10 confirms 18:9 Diane 19:6 best10:1113:10 consider 10:10 difference 12:21 14:1 22:2 convened3:7 differently22:13 better8:15 12:10 convert5:1 7 difficult 17:2 bit6:79:1211:11 converted7:22 discovery4:9 8:7,8 18:14 19:22 Cooney2:22 3:16 18:20,22 19:4,14 blackout6:14,21 20:1621:11,19 20:21 briefly8:7 copies 18:15 discuss4:6 bringing18:15 copy 15:22 16:16 discussed 18:12 business20:522:17 16:19,22 1 7:8 dispositive4:8,10 

### c correct12:1622:4 4:12,16,19 5:11 Counsel2:521:13 5:15,167:21 C2:4 calendar6:11 couple4:5 dispute5:21 Court13:12 14:17 District13:12 10:20 11:20 19:12 19:221:18 docket3:5 call1:3,17 13:13 Court's20:17 document 18:21 19:5,8 cover 11:8 16:17 documents 18:16 cap14:17,19 17:18 CR19:1 doing5:146:4 card 16:12,20 cross 10:4,1021:11 dollar 14:19 care5:20 8:22 21:20 dollars 17:18 case9:16,22 10:7,8 due8:13 10:1120:20 D cases 13:11 damage14:13 E certainly10:12 date4:14,20 5:15 early12:117:19 Certificate16:3,18 6:2 16:3,17 17:1,7 East2:14 chief9:22 17:18 Eastern2:5 7:7,14 City8:4 13:18 Neal R. Gross & Co., Inc. 202-234-4433 Page 23 7:20**~** 

### * either6:21 8:21 

### I 

## ' 12:5 19:3 j ' email17:11 !**~** i Enterprises 1:6 1**~<**

2:113:4,12 ' 

### l entire9:16**~** ,, ESQ2:4,12,22 

## j estimate 10:11 ' event 11:1 

# i evidence 19:19**~**

20:2,3 

### 1 examination 10:10**'~** ' 21:20 examining 10:5

21:11 example21:7,9

22:10 exhibits 18:17 expect 19:122:11 expert21:21 F FAA1:9 19:21 FAA-2011-1116

3:5 fairly 11:7 Faltischek2:13 far 13:10 fast 19:12 fault 17:5 Fax2:8,17 faxed 17:12,13 FDMS 1:9 Federal2:2,63:9 11:419:18 feel19:4 file4:12,15 16:13 18:19 19:4 filed3:224:11,18

5:17 7:21 8:11 11:2 15:10,13,20 16:1 17:4 filing 19:2,7 final15:18 16:2 find5:19 fine7:11 8:17,209:5,6 12:421:21 finish8:1 firm3:16 first 11:20 12:12 13:13 Floor2:14 following6:12 11:4 form20:15,22 Friday13:9 further20:7,8**·------~** G G2:123:14 generally 19:18,22 give 10:21 13:14

14:16 15:12 19:5 given21:5 go 19:1622:18 goes 15:3 going9:4 10:4,21

11:16 13:13 14:6 19:621:2022:12 Good3:17,18,19 Gottimer2:4 3:11

3:19 5:1,2 6:11'1 7 7:1,3,7 8:6,16 9:1 9:3,4,15 10:1 11:19 12:3 13:1,3 13:19,21 14:5,18 15:1,6,15,22 16:8 16:1117:10,14,19 17:22 20:6,8,21 Gottimer's 10:5 granted 11:6 great 17:16 greater14:11

19:17 green 16:12,20 guess20:14 guideline 19:19 H half10:2,12,13 hand 19:9 hazardous 15:7 heads20:4 hear20:1 22:11 hearing9:14 18:15 20:1721:422:20 J.E 1:21 Metropolitan Hearings 1:2 3:22 13:18 holiday 11:4 K Monday11:5 holidays 11:21 keep 19:13 morning3:17,18 Honor6:17 8:16 know7:6 16:11,16 3:197:2,4,1114:4 14:18 16:19 18:1 17:220:2022:6 Moscou2:13 18:5 20:9,11 knowing 10:4 motion4:9,16,19 HONORABLE L 5:12,16 6:2 19:2,5 1:21 19:7,11 hour6:3,7,1522:10 law 1:22 3:16 motions4:10,13 House 13:12 Legal19:5 5:177:21 8:7,9,11 leisure 1 7:8 11:2 18:19 I length 19:17 move 12:1 idea 13:14 14:17 let's4:75:10 6:1,12 moving4:18 12:5 7:18 8:6 10:19 15:12 illness 14:12 11:14 13:5 N include9:17 Likewise9:9 need4:6 13:8 19:4 indicated 14:9 lingering8:2 21:7,8 information 17:3 listed 15:2 new2:7,157:15 8:3 injury14:12 litigation3:7 9:12 8:4 13:18 18:12 Island8:4 18:8,13 19:15 note3:20 18:13,20 Islip 13:11,16 little6:79:11 11:11 19:17 issue 10:22 13:1718:14,18 notice 1:18 14:6,8 issued 11:12 19:22 15:10,14,18,20 Ivy 1:62:10 3:4,12 location 11:18 16:2 17:1,6 16:14 November6:13 J locations 13:17 7:19 10:20 11:1 Jamaica2:7 long8:4 18:21 11:13,14,21,22 Jeanine2:43:11 21:13,21 22:6 12:4 job22:1 longer6:7 number3:5 John2:223:15 look 10:1911:14 joint4:1,9 18:10 12:9 13:16 15:3 0 Jr2:123:14 20:1 objections 12:5 Judge 1:22 3:3,20 looking6:10 11:19 observer3:15

5:2,4,6,76:18,21 11:20 21:10 6:22 7:5,8,12,13 luck13:10 obviously4:5,12 7:17 8:18,20,21 8:3 17:5 20:17 9:2,7,9,10 10:3,9 M 22:1 10:15,19 12:6,8 mailed 17:12 occur9:18,19 12:13,17,21,22 March3:224:2 October4:11,13,15 13:5,22 14:2,3,21 material20:3 5:8,8 6:2,12 15:16 15:4,9,17 16:5,9 materials 15:7 15:21 16:4 16:2117:13,15 matter 1:5,15 3:4 office 1:22:5 3:22 18:2,720:1021:2 5:20 9:2022:21 15:11,20 16:6 21:1722:5,16 matters4:6 8:2 17:5 judgement11:5 maximum 10:16 Okay5:4,7 6:18,22 judgements11:2 14:9,16,20 7:8,17 8:18 9:7,10 jump4:7 Mayes 19:6 10:3,15,19 12:6 Neal R. Gross & Co., Inc. 202-234-4433 Page 24 12:13,17,22 13:5 

## I 14:3 15:9 16:5,8 

## I 17:10,14,17 18:7 

# I 22:16 

### I ones 15:2 opening9:18 21:19 opinion5:1 opposition8:8 oral5:12,15 19:11 

# I Order 18:8,14 19:15 orders 11:5 original19:13 

# I t o'clock7:18 1 I' 

### I p 

## I Page14:7 I i pages 18:21 part21:2,6,22 participate20:18 particular21:14 Particularly6:8 parties3:64:1 5:20

6:3 8:5 18:9 party4:18 19:10 penalty1:7 14:10 15:19 16:2 period8:15 12:1 permission20:18 person21:422:11 plan4:2,107:18 11:12 18:11 Plaza2:6,13 please 1 7:13 point14:14,16 position 12:10 possible7:4 19:13 possibly 10:13 22:3 potential9:17 potentially 10:6 potentionaly11: 1 7 prefer7:3 12:18 13:4,21 17:11 preference7:1,10

8:14 13:2,19 prepared9:20 present2:21 3:14presume22:12 pretty10:18 pre-hearing5:18 pre-trail7:22 primary 19:19 prior5:21 19:2 probably 13:12 15:18 problem21:12

22:8 problems 18:22 19:3 Procedural18:8,14 proceeding21:6 proof15:11 property14:13 proposed4:2,14 15:18 16:2 18:10 19:9 pursuant1:17 put9:11,16,22 putting10:6,11 P-R-0-C-E-E-D-

...

3:1 P.C2:13

--- _._,

## ___**·-·-~-----** Q question20:12

21:3 questions 14:5 20:7 R reason 11:3 reasonable4:22 receive3:21 received4:1 16:6 recognize 19:21 record3:4,11,14

22:2,18 Region2:5 Regional2:5 regulations 15:8 19:22 relevant20:3 reply4:17,20 representative21:5

22:7 represented3:10

:;;<:>-

.....**==~;.<'>.':.':,'&,"""~~~!»** 3:13 severe 14:12 telephone 1:3,17 requests5:19 sheet 16:17 5:10,17 6:1,4 require8:10 shortened9:12 22:10 requirements 11:8 showing5:21 tell21:9,2222:12 reserve9:16 simply6:8 7:21 8:5 ten8:11,22 9:5,11 Respondent2:10 9:11 19:17 9:13

3:12 site 11:18 terms4:8 9:14 Respondent's3:21 SNAFU's9:18 19:10 response8:12,12 sorry9:2 16:9 thank4:3 5:2 16:5 responsive 10:7 speaking22:7 17:14,16,2218:6 results 14:13 stamp 17:1 22:18 right4:7 7:17 15:6 stamped 16:3,17 think8:15 9:13,21 16:12,13 21:15 17:7 10:7,17 12:8,10 22:14,16 start6:1112:18 14:1 21:2 Rule 11:7 13:20 14:3 thought20:13,22 Rules 19:18 20:2 starting9:14 13:4 three 18:15,21 19:9 ruling6:10 10:22 statement21:19 Thursday1:12 3:6 Ruskin2:13 statements8:8 13:7 RXR2:13 status5:18 6:9 time4:13 7:2,5,10 substantial 14:13 7:14,20 8:15 9:15 

### s sufficient21: 1 9:2110:7 11:11 saying 15:21 suggest 10:21 12:2 13:20 14:3 scanned17:11 SULLIVAN 1:21 22:19 schedule6:3 9:12 3:3,205:4,76:18 timelines 19:14

11:22 12:9 13:6 6:22 7:5,8,13,17 times6:14 13:15 8:18,21 9:2,7,10 today3:5 6:5 17:21 scheduled 10:14 10:3,15,19 12:6 18:4,12 19:14 Schedule/Discov

... 12:13,17,22 13:5 20:14,14

18:11 13:22 14:3,21 Tower2:14 scheduling3:7 15:4,9,17 16:5,9 track16:14

12:11 16:2117:13,15 trail9:19 Scheduling/Disco

... 18:2,720:1021:2 TRANSPORT A

... 4:2 21:1722:5,16 1:1 second3:7 summary11:2,5 travel13:7,8 Secretary13:13 suppose8:13 traveling11: 1 7

19:5 sure15:1922:1 trial5:22 11:15 segment22:5 12:1917:18 19:20 send 17:7 T trials9:20 sending18:8 take5:129:22 10:8 tried 10:8 separate16:14 15:220:1 21:11 try 11:21 serious 14:12 takes6:6,8 11:11 trying15:2 service8:11 15:12 talk5:106:1 8:6 Tuesday12:18

16:4,18 17:1 18:14 19:15,22 13:8 set4:195:16 19:14 21:3 turn 14:7 setting5:14 13:11 talked 19:10 turning 13:1

19:11 talking 12:11 15:4 two 10:16,20 11:15 seven4:20 5:7 Tel2:8,16 12:19 14:5
Neal R. Gross & Co., Inc. 202-234-4433 Page 25**~** typically4:17,19 k 1 5:12 6:2 8:10 

### i 9:1921:4 

# ' f 

### u f unable 13:15 

# I understand 15:17 i understanding 

# I 11:16 understood21:16 '>**~**

22:15 t**~** Uniondale2:15 

# i use 19:18 usual13:16 J t< usually 11:6 

# I u.s 1:1 t j t i 

### v ] 

### I Venue8:3 

# I versus8:22 

# I violation 14:20 17:18 !.'; .t i violations 14:10,22**~ ~**  15:5,7 17:17 J t**~** 

### w 5**~** want4:106:15 

## I

9:1611:2112:1 

# I 18:1621:10,18 '**~** Wednesday7:19

### ~ 12:19 13:4,6 ll week6:13,14 10:22 k I 12:4,12 

### I we'll13:16 we're7:15 11:16,20 14:1920:14 we've 18:12 19:14 wise 12:11 witnesses 10:5

21:21 work4:49:13 worked20:20 working20:19 write 11:11 written 10:22 y year 13:11York2:7,15 7:16 8:3,4 13:18 

## z z 15:3,3 zone7:6,14 $ $100,00014:11,16

14:20 $50,00014:11,15

14:19 17:17 0 053:6 063:22 1 12:6 107:18 lOth6:13 10:001:187:20 10:013:2 10:2222:21 114:11,13 11:007:20 114342:7 115562:15 14th 11:13,15,22 14252:13 158:11,22 9:5 15th2:14 1614:7 2 2nd12:14 201115:21 16:4 2011-1116 1:10 2012 1:13 3:64:1,3

4:11,13,15 5:8,9 6:217:19 224:15 5:8 26 15:5 17:17 294:3 3 3 15:21 16:4 3rd 15:16**t:O.:.\~,o&.;.,_,,,,.,**.**.-o~%'.%.~** 305:9 6:2 30th6:12 3719:1 4 413:9 4th6:13 5 5th 1:13 13:6 5162:16,17 553-32722:8 6 6th 13:7 663-65892:16 663-67892:17 7 7th7:19 10:21 11:1 13:9 7182:8,88 8th 12:159 9:00 13:20 9:30 13:20,21 14:1

14:4 995-56992:8

.....**~ y~-**  ' ,, Neal R. Gross & Co., Inc. 202-234-4433 Page 26 

# li I**~** ,, ·1 4 \ 1

### ~ ' ii ·i :{ f "**~** ,, 

# I

,,

## ~**~ ~**  f 'i**~ '~**  ' "**~ ~1** **~ ~**  ' 1 '**~** 

### 1 j '

# I~

11**..,._.,_,;.-,.•,{·C"~:-.2**••.•..o.:.••>.<i=27
C E R T I F I C A T E

This is to certify that the foregoing transcript

In the matter of: Ivy Enterprises

Before: US DOT

Date: 04-05-12

Place: teleconference

was duly recorded and accurately transcribed under my direction; further, that said transcript is a true and accurate record of the proceedings.

(202)234-4433 Court Reporter

NEAL R. GROSS COURTREPORTERSANDTRANSCRIBERS 1323RHODE ISLANDAVE., N.W. WASHINGTON, D.C. 20005-3701 WNW.nealrgross.com