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, VIRGINA
IN RE GARY D. CARROLL November 5, 2015 VR # 2957-1 Page 2

1 APPEARANCES

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3 NONE

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IN 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. Andrea
IN 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. The
IN 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 a
IN 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.)

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IN 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.

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6 It was requested that the matter be taken by the

7 reporter and that the same be reduced to typewritten

8 form.

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IN RE GARY D. CARROLL November 5, 2015 VR # 2957-1 Page 8

1 CERTIFICATE OF REPORTER AND SECURE ENCRYPTED

2 SIGNATURE AND DELIVERY OF CERTIFIED TRANSCRIPT

3 I, KELLIE M. SCHULTZ, Notary Public, do hereby

4 certify that the forgoing matter was reported by

5 stenographic and/or mechanical means, that same was

6 reduced to written form, that the transcript prepared

7 by me or under my direction, is a true and accurate

8 record of same to the best of my knowledge and

9 ability; that there is no relation nor employment by

10 any attorney or counsel employed by the parties

11 hereto, nor financial or otherwise interest in the

12 action filed or its outcome.

13 This transcript and certificate have been

14 digitally signed and securely delivered through our

15 encryption server.

16 IN WITNESS HEREOF, I have here unto set my hand

17 this 6TH day of NOVEMBER, 2015.

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22 /s/ KELLIE M. SCHULTZ

23 COURT REPORTER / NOTARY

24 NOTARY REGISTRATION NUMBER: 7545757

25 MY COMMISSION EXPIRES: JANUARY 31, 2017
IN RE GARY D. CARROLL November 5, 2015 VR # 2957-1 Page 9

0

05 3:2

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2015 3:2 3:21

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assigning

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Assignment

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complete 6:12

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conference

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FAA-2014-0547

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failure 4:25
IN RE GARY D. CARROLL November 5, 2015 VR # 2957-1 Page 10

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IN RE GARY D. CARROLL November 5, 2015 VR # 2957-1 Page 11

6:9 6:14

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