UNITED STATES OF AMERICA:

DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS

IN RE: GARY D. CARROLL, RESPONDENT. DOCKET NO. FAA-20142014-0547

_____________________________________________________

STATEMENT ON THE RECORD FOR THE NON-APPEARANCE FOR THE TELECONFERENCE HEARING BEFORE THE HONORABLE J. E. SULLIVAN THURDAY, NOVEMBER 5, 2015 10:10 A.M. HISTORIC JORDAN SPRINGS 1160 JORDAN SPRINGS ROAD STEPHENSON, VIRGINAIN RE GARY D. CARROLL November 5, 2015 VR # 2957-1 Page 2

1 APPEARANCES 2 3 NONE 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25IN RE GARY D. CARROLL November 5, 2015 VR # 2957-1 Page 3

1 STATEMENT ON THE RECORD FOR NON-APPEARANCE 2 THURSDAY, NOVEMBER 05, 2015 3 10:10 A.M. 4 THE COURT: Good morning, this is Judge 5 Sullivan. I'm told that I only have one person on the 6 line, a Kellie Schultz? 7 COURT REPORTER: Yes, Your Honor. 8 THE COURT: From Veterans Court Reporters. 9 Okay, and just so that I know, anyone else, has anyone 10 else joined us? 11 COURT REPORTER: Not that I know of Your 12 Honor. 13 THE COURT: Excuse me? 14 COURT REPORTER: Not that I know of Your 15 Honor. 16 THE COURT: Okay, thank you Ms. Schultz. 17 Are you ready? 18 COURT REPORTER: I am ready. 19 THE COURT: Okay. We're on the record in 20 the matter of Gary Carroll. This is docket number 21 FAA-2014-0547. Today is Thursday, November 5, 2015, 22 and the party was scheduled to convene for a 23 litigation scheduling conference. I'll note that the 24 Complainant is Federal Aviation Administration, is 25 represented by an attorney of record Ms. AndreaIN RE GARY D. CARROLL November 5, 2015 VR # 2957-1 Page 4

1 Michelle Harper. Ms. Harper is not present. There is 2 no substitute appearing on her behalf. There's also 3 no explanation presented to The Court either in 4 writing or formally at this proceeding this morning 5 for Ms. Harper's absence. 6 A Respondent, Mr. Gary D. Carroll is also 7 not present. There's no substitute appearing on 8 behalf of Mr. Carroll. There is no explanation for 9 his absence. 10 I'll note that this particular preceding was 11 scheduled by court order on August 4, 2015. This 12 particular Order set the Rule 16 Litigation Scheduling 13 conference for today's date and time. It also 14 directed the parties to submit a Rule 26F Planning and 15 proposed discovery plan on or before Thursday, October 16 29, 2015. 17 This particular Order was served on both Ms. 18 Harper and Mr. Carroll at their address of record on 19 August 4, 2015. Neither party has mailings that were 20 returned to the Office of Hearing, so they presumably 21 received notice of both today's conference and the 22 directive to provide a proposed discovery plan. 23 The Court is a little bit at a lost at this 24 point as to what proceeding should ensue with the 25 party's failure to appear and non-compliance. TheIN RE GARY D. CARROLL November 5, 2015 VR # 2957-1 Page 5

1 record shows that there was a request for Hearing by 2 the Pro Se litigant dated July 30, 2015 and filed with 3 the Office of Hearing shortly thereafter on, I'm 4 sorry, I should not say shortly thereafter. This 5 particular material was filed July 30, 2014. It was 6 received by the FAA Hearing Docket on August 6, 2014. 7 A compliant in this particular matter was not filed 8 with the Office of Hearing until approximately March 9 5, 2015. Quite some time ensuing prior to the 10 complaint being filed. 11 A Notice of Assignment proceeding assigning 12 this case to me was issued on March 18, 2015 and The 13 Court has seen no action by either party leading to 14 The Court setting up this conference today's date and 15 time. 16 So The Court has two, actually, several 17 options before it. It can summarily dismiss the 18 request for hearing. It could summarily dismiss the 19 complaint that's been filed. It could take no action 20 at all and wait for the parties to contact it. This 21 Court generally does not prefer to have cases 22 lingering on the docket because of the parties' 23 negligence or inattention, however, I think that in 24 this particular case, it would be preferable to let 25 the case stay on The Court's docket, at least for aIN RE GARY D. CARROLL November 5, 2015 VR # 2957-1 Page 6

1 short period of time, to see whether or not the 2 parties decide to take action and pursue litigation in 3 this matter. So I will simply note that there is non4 compliance for the parties at this point. The Court 5 will turn its attentions elsewhere and will let the 6 parties determine whether or not they want to take 7 this matter up for litigation before this tribunal. 8 No Order will issue from this particular 9 case in writing. I will let the record see The 10 Court's ruling for the purposes of a blank 11 information. 12 It appears our business is complete. I will 13 thank the Court Reporter for her timely appearance and 14 for her presence here today. We can go off the record 15 and I wish you, Ms. Schultz a good day. Thank you. 16 COURT REPORTER: You too, Your Honor. Have 17 a good day. Thank you. 18 THE COURT: Bye, bye. 19 COURT REPORTER: Bye. 20 (WHEREUPON, the Statement on the Record concluded at 21 10:16 A.M.) 22 23 24 25IN RE GARY D. CARROLL November 5, 2015 VR # 2957-1 Page 7

1 STIPULATION 2 3 The foregoing matter was taken on the date, and at 4 the time and place set out on the title page hereof. 5 6 It was requested that the matter be taken by the 7 reporter and that the same be reduced to typewritten 8 form. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25IN RE GARY D. CARROLL November 5, 2015 VR # 2957-1 Page 8

1 C ERTIFICATE OF REPORTER AND SECURE ENCRYPTED 2 S IGNATURE AND DELIVERY OF CERTIFIED TRANSCRIPT 3 I , KE LLIE M. SCHULTZ , Notary Public, do hereby 4 c ertify that the forgoing matter was reported by 5 s tenographic and/or mechanical means, that same was 6 r educed to written form, that the transcript prepared 7 b y me or under my direction, is a true and accurate 8 r ecord of same to the best of my knowledge and 9 a bility; that there is no relation nor employment by 10 a ny attorney or counsel employed by the parties 11 h ereto, nor financial or otherwise interest in the 12 a ction filed or its outcome. 13 T his transcript and certificate have been 14 d igitally signed and securely delivered through our 15 e ncryption server. 16 I N WITNESS HEREOF, I have here unto set my hand 17 this 6TH day of NOVEMBER, 2015. 18 19 20 21 22 / s/ KELLIE M. SCHULTZ 23 C OURT REPORTER / NOTARY 24 N OTARY REGISTRATION NUMBER: 7545757 25 M Y COMMISSION EXPIRES: JANUARY 31, 2017IN RE GARY D. CARROLL November 5, 2015 VR # 2957-1 Page 9

0 05 3:2

1 10:10 3:3 10:16 6:21 16 4:12 18 5:12

2 2014 5:5 5:6 2015 3:2 3:21 4:11 4:16 4:19 5:2 5:9 5:12 26F4:14 29 4:16

3 30 5:2 5:5

4 4 4:11 4:19

5 5 3:21 5:9

6 6 5:6

A A.M 3:3 6:21 absence 4:5 4:9 action 5:13 5:19 6:2 actually 5:16 address 4:18 Administratio n 3:24 am 3:18 Andrea 3:25 anyone 3:9 3:9 appear 4:25 appearance 6:13 appearing4:2 4:7 appears 6:12 approximately 5:8 assigning 5:11 Assignment 5:11 attentions 6:5 attorney 3:25 August4:11 4:19 5:6 Aviation 3:24

B behalf 4:2 4:8 bit4:23 blank 6:10 business 6:12 bye 6:18 6:18 6:19 C

Carroll 3:20 4:6 4:8 4:18 case 5:12 5:24 5:25 6:9 cases 5:21 Complainant 3:24 complaint 5:10 5:19 complete 6:12 compliance 6:4 compliant5:7 concluded 6:20 conference 3:23 4:13 4:21 5:14 contact5:20 convene 3:22 court3:4 3:7 3:8 3:8 3:11 3:13 3:14 3:16 3:18 3:19 4:3 4:11 4:23 5:13 5:14 5:16 5:21 6:4 6:13 6:16 6:18 6:19 Court's 5:25 6:10 D

date 4:13 5:14 dated 5:2 day6:15 6:17 decide 6:2 determine 6:6 directed

4:14 directive 4:22 discovery 4:15 4:22 dismiss 5:17 5:18 docket3:20 5:6 5:22 5:25

E either 4:3 5:13 else 3:9 3:10 elsewhere 6:5 ensue 4:24 ensuing5:9 Excuse 3:13 explanation 4:3 4:8

F FAA 5:6 FAA-2014-0547 3:21 failure 4:25IN RE GARY D. CARROLL November 5, 2015 VR # 2957-1 Page 10

Federal 3:24 filed 5:2 5:5 5:7 5:10 5:19 formally 4:4

G Gary 3:20 4:6 generally 5:21

H Harper 4:1 4:1 4:18 Harper's 4:5 hearing4:20 5:1 5:3 5:6 5:8 5:18 Honor 3:7 3:12 3:15 6:16

I I'll 3:23 4:10 I'm 3:5 5:3 inattention 5:23 information 6:11 issue 6:8 issued 5:12

J joined 3:10 Judge 3:4 July 5:2 5:5 K Kellie 3:6

L leading5:13 least5:25 line 3:6 lingering 5:22 litigant5:2 litigation 3:23 4:12 6:2 6:7 little 4:23 lost4:23

M mailings 4:19 March5:8 5:12 material 5:5 matter 3:20 5:7 6:3 6:7 Michelle 4:1 morning3:4 4:4

N negligence 5:23 Neither 4:19 non 6:3NONAPPEARANCE 3:1 noncompliance 4:25 note 3:23 4:10 6:3 notice 4:21 5:11 November 3:2 3:21

O October 4:15 Office 4:20 5:3 5:8 Okay 3:9 3:16 3:19 options 5:17 order 4:11 4:12 4:17 6:8

P particular 4:10 4:12 4:17 5:5 5:7 5:24 6:8 parties 4:14 5:20 5:22 6:2 6:4 6:6 party 3:22 4:19 5:13 party's 4:25 period 6:1 person 3:5 plan 4:15 4:22 Planning4:14

point4:24 6:4 preceding 4:10 prefer 5:21 preferable 5:24 presence 6:14 present4:1 4:7 presented

4:3 presumably 4:20 prior 5:9 Pro 5:2 proceeding 4:4 4:24 5:11 proposed

4:15 4:22 provide 4:22 purposes 6:10 pursue 6:2 Q Quite 5:9

R ready3:17 3:18 received

4:21 5:6 record 3:1 3:19 3:25 4:18 5:1IN RE GARY D. CARROLL November 5, 2015 VR # 2957-1 Page 11

6:9 6:14 6:20 Reporter 3:7 3:11 3:14 3:18 6:13 6:16 6:19 Reporters 3:8 represented 3:25 request5:1 5:18 Respondent 4:6 returned

4:20 Rule 4:12 4:14 ruling6:10

S scheduled 3:22 4:11 scheduling 3:23 4:12 Schultz 3:6 3:16 6:15 Se 5:2 seen 5:13 served 4:17 setting5:14 several 5:16 short6:1 shortly 5:3 5:4 shows 5:1 simply 6:3 sorry5:4 Statement3:1 6:20 stay 5:25 submit4:14 substitute 4:2 4:7 Sullivan 3:5 summarily 5:17 5:18

T thank 3:16 6:13 6:15 6:17 thereafter 5:3 5:4 There's 4:2 4:7 Thursday 3:2 3:21 4:15 timely 6:13 today3:21 6:14 today's 4:13 4:21 5:14 tribunal 6:7 turn 6:5

V Veterans 3:8

W wait5:20 We're 3:19 WHEREUPON 6:20 whether 6:1 6:6 wish 6:15 writing4:4 6:9