UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

IN THE MATTER OF: FDMS No. 

FAA-2013-0047 

FACILITY SOLUTIONS, INC.: Case No. 

2012NE700128 

Respondent 

pursuant 

Time. 

BEFORE: 

Wednesday, 

February 26, 2014 

Via Teleconference 

The above-entitled matter came on, 

to notice, at 1:50 p.m., Eastern 

THE HONORABLE J.E. SULLIVAN, 

Administrative Law Judge 

NEAL R. GROSS 

1 

(202) 234-4433 

COURT REPORTERS AND TRANSCRIBERS 

1323 RHODE ISLAND AVE., N.W. 

WASHINGTON, D.C. 20005·3701 www.nealrgross.com 
APPEARANCES: 

On Behalf of the Complainant: 

BRIAN K. KHAN, ESQUIRE 

Office of the Regional Counsel 

Federal Aviation Administration 

2300 East Devon Avenue, AGL-7H 

Des Plaines, IL 60018 

(847)294-7652 

On Behalf of the Respondent: 

ROY J. TRANSIT, ESQUIRE 

P.O. Box 1578 

Royal Oak, MI 48068 

(586)491-6822 

Also Present: 

CODY L. SMITH, DOT Staff Attorney 

NEAL R. GROSS 

2 

(202) 234-4433 

COURT REPORTERS AND TRANSCRIBERS 

1323 RHODE ISLAND AVE .• N.W. 

WASHINGTON. D.C. 20005-3701 www.nealrgross.com 
3 

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

2 1:50 p.m. 

3 ADMIN. JUDGE SULLIVAN: We're on 

4 the record in the matter of Facility 

5 Solutions, Inc. This is Docket Number FAA6 2013-0047. 

7 Today is Wednesday, February 26, 

8 2014, and the parties have convened by 

9 telephone for a pre-hearing status conference 

10 in this case. 

11 The Federal Aviation 

12 Administration which I'm going to refer here 

13 on out as the FAA is represented by its 

14 attorney of record, Mr. Brian K. Kahn. 

15 The respondent, Facility 

16 Solutions, Inc., is represented by its 

17 attorney of record, Mr. Roy J. Transit. 

18 Also present appearing at the 

19 Office of Hearings is an observer, Mr. Cody L. 

20 Smith, an attorney with this office. 

21 Good afternoon, everybody. As the 

22 record reflects, the parties last convened on 

NEAL R. GROSS 

(202) 234-4433 

COURT REPORTERS AND TRANSCRIBERS 

1323 RHODE ISLAND AVE .. N.W. 

WASHINGTON. D.C. 20005-3701 www.nealrgross.com 
4 

1 January 23rd, 2014, for a pre-hearing status 

2 conference. At that time the parties stated 

3 they were engaged in settlement discussions 

4 that would likely conclude on or about 

5 February 20, 2014, and the pre-hearing status 

6 conference was then rescheduled and continued 

7 by agreement of the parties to today's date 

8 and time. 

9 The record shows that on January 

10 24, 2014, an order continuing pre-hearing 

11 status conference was filed that basically 

12 codified what had occurred orally between the 

13 parties the day before. 

14 So, Mr. Kahn, why don't I start 

15 with you. What is the status of the case at 

16 this point? 

17 MR. KHAN: Your Honor, we've come 

18 to a settlement in which the FAA issued 

19 Facility Solutions care of Mr. Transit an 

20 order assessing civil penalty that he, Mr. 

21 Transit, just received today and once payment 

22 has been processed, he will withdraw the 

NEAL R. GROSS 

(202) 234-4433 

COURT REPORTERS AND TRANSCRIBERS 

1323 RHODE ISLAND AVE .• N.W. 

WASHINGTON, D.C. 20005-3701 www.nealrgross.com 
5 

1 request for hearing. 

2 ADMIN. JUDGE SULLIVAN: Okay, and 

3 when do you anticipate that will happen? 

4 MR. KHAN: Mr. Transit. 

5 ADMIN. JUDGE SULLIVAN: The FAA 

6 has deferred that question to Mr. Transit. 

7 Mr. Transit, when do you anticipate your 

8 client paying the fee that's been agreed to 

9 between the parties? 

10 MR. TRANSIT: I talked to my 

11 client today, and I intend to go by his office 

12 and pick up a cashier's check today. At that 

13 point in time I will send the cashier's check 

14 as directed within the civil penalty paperwork 

15 and direct a copy of the check along with the 

16 signed copy of the civil penalty and my 

17 request to withdraw my hearing to Mr. Kahn and 

18 also I will draft a request to withdraw my -

19 draft a document requesting a withdrawal of 

20 the hearing, and I anticipate that I will 

21 probably do all of that Monday, draft those 

22 other documents. I will get the check out 

NEAL R. GROSS 

(202) 234-4433 

COURT REPORTERS AND TRANSCRIBERS 

1323 RHODE ISLAND AVE., N.W. 

WASHINGTON, D.C. 20005-3701 www.nea!rgross.com 
6 

1 today, but the documents requesting withdrawal 

2 of the hearing will be done on Monday. 

3 I'm leaving town tomorrow through 

4 Sunday, and I won't be back or have the 

5 opportunity to be in the office to do that 

6 until then. 

7 ADMIN. JUDGE SULLIVAN: Okay. We 

s currently have an April 8, 2014, start date 

9 for the trial, and what I'm hearing from the 

10 parties is that there likely will not be a 

11 trial. 

12 MR. TRANSIT: That is correct, 

13 Judge. I'm certain there won't be at this 

14 point. The only thing that remains is for me 

15 to get that check out, and will pick it up 

16 today to do that. 

17 ADMIN. JUDGE SULLIVAN: Okay, then 

18 what I'm going to suggest is this. What I can 

19 do is I can strike the trial today if the 

20 parties agree that I do that, if - and then I 

21 can tick the file for another pre-hearing 

22 status conference in the event that we do not 

NEAL R. GROSS 

(202) 234-4433 

COURT REPORTERS AND TRANSCRIBERS 

1323 RHODE ISLAND AVE., N.W. 

WASHINGTON, D.C. 20005-3701 www.nealrgross.com 
7 

1 get settlement papers, and if that's so, then 

2 I'll have another pre-hearing status 

3 conference, and if needed, I'll reset the 

4 trial date, but it sounds to me like I 

5 probably will end up even canceling another 

6 pre-hearing status conference if all goes as 

7 planned, but I don't want to lose this case 

s and I don't want to lose any particular 

9 timeframe for resetting the trial if for some 

10 obscure reason that no one can think of now 

11 things don't go as planned, and I just am very 

12 cautions when it comes to letting everybody go 

13 without a date on my calendar, so how about 

14 this. 

15 We're talking about getting 

16 something filed probably no later than March 

17 21, 2014, which is about two weeks prior to 

18 the actual scheduled trial date which I'm 

19 going to strike if the parties agree. 

20 How about if I reset the pre21 hearing conference to around either April 4th 

22 or the first day of the trial. If I do that, 

NEAL R. GROSS 

(202) 234-4433 

COURT REPORTERS AND TRANSCRIBERS 

1323 RHODE ISLAND AVE., N.W. 

WASHINGTON, D.C. 20005-3701 www.nealrgross.com 
8 

1 then I've got something on my calendar and the 

2 parties do too in the event that something 

3 goes awry. 

4 Mr. Transit - I'm sorry, Mr. Kahn, 

5 do you have any particular objection to 

6 striking the trial date and just resetting the 

7 last pre-hearing- the last conference on the 

8 Court's calendar to ensure the case doesn't 

9 get lost or to address problems? 

10 MR. KHAN: No objection, Your 

11 Honor. 

12 ADMIN. JUDGE SULLIVAN: Mr. 

13 Transit, how about you? 

14 MR. TRANSIT: No objections, Your 

15 Honor. 

16 ADMIN. JUDGE SULLIVAN: Mr. 

17 Transit, since you're the one who is going to 

18 be filing some additional paperwork, why don't 

19 you suggest to us when it would be most 

20 efficacious and convenient for you and your 

21 client to have a pre - or another conference 

22 set on the calendar. When would that work for 

NEAL R. GROSS 

(202) 234-4433 

COURT REPORTERS AND TRANSCRIBERS 

1323 RHODE ISLAND AVE., N.W. 

WASHINGTON, D.C. 20005-3701 www.nealrgross.com 
9 

1 you? 

2 MR. TRANSIT: April 8 would work, 

3 Your Honor. That's would be a good date, and 

4 maybe in the -

5 ADMIN. JUDGE SULLIVAN: One6 thirty? 

7 MR. TRANSIT: Yes. 

8 ADMIN. JUDGE SULLIVAN: Okay. Mr. 

9 Kahn, does that work for you to just basically 

10 strike the trial date and set a pre-hearing 

11 conference for April 8, 2014? 

12 Oh, I just heard an interesting 

13 sound on my phone. 

14 MR. KHAN: Is everyone still on 

15 the line? 

16 ADMIN. JUDGE SULLIVAN: Mr. Kahn, 

17 are you present? 

18 MR. KHAN: I'm present, Your 

19 Honor. 

20 ADMIN. JUDGE SULLIVAN: Okay. 

21 Well, Mr. Transit, are you present? Mr. 

22 Transit? 

NEAL R. GROSS 

(202) 234-4433 

COURT REPORTERS AND TRANSCRIBERS 

1323 RHODE ISLAND AVE., N.W 

WASHINGTON, D.C. 20005-3701 www.nealrgross.com 
10 

1 MR. KHAN: We might have lost him. 

2 ADMIN. JUDGE SULLIVAN: I think 

3 Mr. Transit is missing. Let me do this. 

4 MR. TRANSIT: Oh, here we go. I'm 

5 sorry. My phone clicked it off after a half 

6 an hour. Sorry. 

7 ADMIN. JUDGE SULLIVAN: I'll note 

8 that Mr. Transit was absent for a brief 

9 moment. Mr. Transit, I was just asking Mr. 

10 Kahn whether or not he would be available on 

11 April 8, 2014, at 1:30 p.m., and I think I'm 

12 hearing from Mr. Kahn that that's okay. 

13 MR. KHAN: Yes, Your Honor, that 

14 works. 

15 ADMIN. JUDGE SULLIVAN: Okay, so, 

16 Mr. Kahn, is it acceptable to strike the trial 

17 in its entirety at this point for your client? 

18 MR. KHAN: Yes, Your Honor. 

19 ADMIN. JUDGE SULLIVAN: Okay. 

20 Then I will - I'll strike the trial date of 

21 April 8, 2014 to April 9, 2014, and I will 

22 assess the last conference on the calendar for 

NEAL R. GROSS 

(202) 234-4433 

COURT REPORTERS AND TRANSCRIBERS 

1323 RHODE ISLAND AVE., N.W. 

WASHINGTON, D.C. 20005-3701 www.nealrgross.com 
11 

1 April 8, 2014, at 1:30 p.m. 

2 If I receive settlement documents 

3 or withdrawal notices prior to that time, I 

4 will of course strike the trial, and you'll 

5 get notice of that. 

6 If for some reason settlement 

7 paperwork doesn't get filed at this office, 

8 then I will look forward to talking to the 

9 both of you again, and at that point we'll 

10 talk about what's missing or whether or not we 

11 need to go to trial after all. 

12 So with that, Mr. Kahn, on behalf 

13 of your client, is there anything else that we 

14 can address for you today? 

15 MR. KHAN: No, Your Honor. 

16 ADMIN. JUDGE SULLIVAN: And, Mr. 

17 Transit, on behalf of your client, anything we 

18 can address for you today? 

19 MR. TRANSIT: No. 

20 ADMIN. JUDGE SULLIVAN: Okay. 

21 Then I will do the following. I will thank 

22 both counsel for your patience in waiting for 

NEAL R. GROSS 

(202) 234-4433 

COURT REPORTERS AND TRANSCRIBERS 

1323 RHODE ISLAND AVE., N.W. 

WASHINGTON, D.C. 20005-3701 www.nealrgross.com 
12 

1 this conference to start so late. 

2 We did have a snafu in this 

3 office, and a court reporter had not been 

4 hired for today as planned, so thank you for 

5 your patience. 

6 I will also thank the court 

7 reporter today for being available on such 

8 short notice and helping us out today, and 

9 then I will thank the parties very much for 

10 all the hard work that you've done in settling 

11 the case as you have, so with that, we can go 

12 off the record, and I wish you all a good day. 

13 Thank you. 

14 MR. KHAN: Thank you, Your Honor. 

15 ADMIN. JUDGE SULLIVAN: Thank you. 

16 Good bye. 

17 (Whereupon, the above-entitled 

18 matter was concluded at 2:00p.m.) 

19 

20 

21 

22 

NEAL R. GROSS 

(202) 234-4433 

COURT REPORTERS AND TRANSCRIBERS 

1323 RHODE ISLAND AVE., N.W. 

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

above-entitled 1: 13 

12:17 

absent 10:8 

acceptable 10:16 

actnal7:18 

additional 8: 18 

address 8:9 11:14 

11:18 

ADMIN 3:3 5:2,5 

6:7,17 8:12,16 9:5 

9:8,16,20 10:2,7 

10:15,1911:16,20 

12:15 

Administration 2:4 

3:12 

Administrative 

1:20 

afternoon 3:21 

AGL-7H2:5 

agree6:20 7:19 

agreed 5:8 

agreement 4:7 

AMERICA 1:1 

anticipate 5:3,7,20 

APPEARANCES 

2:1 

appearing 3:18 

April6:8 7:21 9:2 

9:1110:11,21,21 

11:1 

asking 10:9 

assess I 0:22 

assessing 4:20 

attorney2:20 3:14 

3:17,20 

available 10:10 

12:7 

Avenue2:5 

Aviation 2:4 3:11 

awry 8:3 

B 

back 6:4 

basically4:11 9:9 

behalf2:2,11 11:12 

11:17 

Box2:14 10:20 forward 11:8 

Brian 2:3 3:14 day4:13 7:22 12:12 

brief 10:8 deferred 5:6 G 

bye 12:16 DEPARTMENT getting 7: 15 

1:2 go 5:11 7:11,12 

c Des2:6 10:411:1112:11 

calendar7:13 8:1,8 Devon2:5 goes 7:6 8:3 

8:22 10:22 direct 5:15 going 3:12 6:18 

canceling 7:5 directed 5: 14 7:19 8:17 

care 4:19 discussions 4:3 good 3:21 9:3 12:12 

case 1:6 3:10 4:15 Docket3:5 12:16 

7:7 8:8 12:11 document 5: 19 

cashier's 5:12,13 documents 5:22 6:1 H 

cautions 7:12 11:2 half10:5 

certain 6: 13 DOT2:20 happen 5:3 

check 5:12,13,15 draft 5:18,19,21 hard 12:10 

5:22 6:15 heard9:12 

civil4:20 5:14,16 E hearing 5:1,17,20 

clicked 10:5 East2:5 6:2,9 7:21 10:12 

client 5:8,11 8:21 Eastern 1:14 Hearings 1:3 3:19 

10:17 11:13,17 efficacious 8:20 helping 12:8 

codified 4:12 either 7:21 hired 12:4 

Cody 2:20 3:19 engaged4:3 Honor4:17 8:11,15 

come4:17 ensure 8:8 9:3,19 10:13,18 

comes 7:12 entirety 10:17 11:15 12:14 

Complainant 2:2 ESQUIRE 2:3,13 HONORABLE 

conclude 4:4 event 6:22 8:2 1:19 

concluded 12:18 everybody 3:21 hour 10:6 

conference 3:9 4:2 7:12 

4:6,11 6:22 7:3,6 I 

7:21 8:7,219:11 F IL2:6 

10:22 12:1 FAA3:5,13 4:18 intend 5:11 

continued 4:6 5:5 interesting 9:12 

continuing 4:10 FAA-2013-0047 issued 4:18 

convened 3:8,22 1:6 

convenient 8:20 Facility 1:6 3:4,15 J 

J2:13 3:17 

copy 5:15,16 4:19 

correct 6:12 FDMS 1:5 J,E 1:19 

counsel2:4 11:22 February 1:9 3:7 January 4:1,9 

course 11:4 4:5 Judge 1:20 3:3 5:2 

court 12:3,6 Federal2:4 3:11 5:5 6:7,13,17 8:12 

Court's 8:8 fee 5:8 8:16 9:5,8,16,20 

currently 6:8 file 6:21 10:2,7,15,19 

filed4:117:1611:7 11:16,20 12:15 

D filing 8:18 K 

date 4:7 6:8 7:4,13 first7:22 

7:18 8:6 9:3,10 following 11:21 K2:3 3:14 

Kahn 3:14 4:14 

'' ,, 

Neal R. Gross and Co., Inc. 

(202) 234-4433 

Page 13 

5:17 8:4 9:9,16 

10:10,12,1611:12 

KHAN2:3 4:17 5:4 

8:10 9:14,18 10:1 

10:13,18 11:15 

12:14 

L 

L2:20 3:19 

late12:1 

Law 1:20 

leaving 6:3 

letting 7: 12 

line9:15 

look 11:8 

lose 7:7,8 

lost8:910:1 

M 

March7:16 

matter 1:5,13 3:4 i 

12:18 

Ml2:15 

missing 10:3 11:10 

moment 10:9 ' 

Monday 5:21 6:2 

N 

need 11:11 

needed 7:3 

note 10:7 

notice 1:14 11:5 

12:8 

notices 11:3 

Number3:5 

0 

Oak2:15 

objection 8:5,10 

objections 8:14 

obscure 7:10 

observer 3:19 

occurred 4:12 

office 1:3 2:4 3:19 

3:20 5:11 6:5 

11:7 12:3 ' 

Oh9:1210:4 
okay 5:2 6:7,17 9:8 

9:2010:12,15,19 

11:20 

once 4:21 

opportunity 6:5 

orally 4:12 

order 4:10,20 

p 

P-R-0-C-E-E-D-... 

3:1 

p.ml:l43:210:11 

11:1 12:18 

P.02:14 

papers 7:1 

papenvork5:14 

8:18 11:7 

particular 7:8 8:5 

parties 3:8,22 4:2,7 

4:13 5:9 6:10,20 

7:19 8:2 12:9 

patience 11:22 12:5 

paying 5:8 

payment4:21 

penalty4:20 5:14 

5:16 

phone 9:13 10:5 

pick5:12 6:15 

Plaines 2:6 

planned 7:7,11 

12:4 

point4:16 5:13 

6:1410:1711:9 

pre 7:20 8:21 

pre-hearing 3:9 4:1 

4:5,10 6:21 7:2,6 

8:7 9:10 

present2:19 3:18 

9:17,18,21 

prior7:17 11:3 

probably 5:21 7:5 

7:16 

problems 8:9 

processed 4:22 

pursuant 1:14 

0 

question 5:6 4:15 6:22 7:2,6 v 

strike 6:19 7:19 UNITED 1:1 R 9:10 10:16,20 

reason 7:1011:6 11:4 v 

receive 11 :2 striking 8:6 

received 4:21 suggest6:18 8:19 w 

record 3:4,14,17,22 SULLIVAN1:19 waiting 11 :22 

4:9 12:12 3:3 5:2,5 6:7,17 want7:7,8 

refer 3:12 8:12,16 9:5,8,16 we'll!! :9 

reflects 3:22 9:20 10:2,7,15,19 We're3:3 7:15 

Regional2:4 11:16,20 12:15 we've4:17 

remains 6: 14 Sunday 6:4 Wednesday 1:9 3:7 

reporter 12:3,7 weeks 7:17 

represented 3: 13 T wish 12:12 

3:16 talk 11:10 withdraw 4:22 

request 5:1,17,18 talked 5:10 5:17,18 

requesting 5:19 6:1 talking7:15 11:8 withdrawal 5: 19 

rescheduled 4:6 Teleconference 6:111:3 

reset 7:3,20 1:11 work8:22 9:2,9 

resetting 7:9 8:6 telephone 3:9 12:10 

respondent 1:7 thank 11:21 12:4,6 works 10:14 

2:113:15 12:9,13,14,15 

Roy 2:13 3:17 thing 6:14 X 

Royal2:15 things 7:11 

y 

s 

think7:10 10:2,11 

thirty 9:6 z scheduled 7: 18 tick 6:21 

send 5:13 time 1:15 4:2,8 0 

set 8:22 9:10 5:13 11:3 

settlement 4:3,18 timeframe 7:9 1 

7:1 11:2,6 today3:7 4:21 5:11 1:3010:11 11:1 

settling 12:10 5:12 6:1,16,19 1:50 1:14 3:2 

short 12:8 11:14,18 12:4,7,8 1578 2:14 

shows 4:9 today's 4:7 

signed 5:16 tomorrow 6:3 2 

Smith 2:20 3:20 town 6:3 2:00 12:18 

snafu 12:2 Transit 2:13 3:17 204:5 

Solutions 1:6 3:5 4:19,21 5:4,6,7,10 2012NE700128 1:7 

3:16 4:19 6:12 8:4,13,14,17 2013-0047 3:6 

sorry8:410:5,6 9:2,7,21,22 10:3,4 20141:9 3:8 4:1,5 

sound 9:13 10:8,911:17,19 4:10 6:8 7:17 

sounds 7:4 TRANSPORT A ... 9:11 10:11,21,21 

Staff2:20 1:2 11:1 

start4:14 6:8 12:1 trial6:9,11,19 7:4,9 21 7:17 

stated4:2 7:18,22 8:6 9:10 2300 2:5 

STATES 1:1 10:16,20 11:4,11 23rd4:1 

status 3:9 4:1,5,11 two7:17 24 4:10 

- ~·'"'- '~M< ,, 

Neal R. Gross and Co., Inc. 

(202) 234-4433 

Page 14 

26 1:9 3:7 

3 

4 

48068 2:15 

4th 7:21 

5 

586)491-6822 2:16 

6 

60018 2:6 

7 

8 

86:89:2,1110:11 

10:21 11:1 

847)294-7652 2:7 

9 

9 10:21 

~ 

, 

, 
15 

C E R T I F I C A T E 

This is to certify that the foregoing transcript 

In the matter of: Facility Solutions, Inc. 

Before: DOT Office of Hearings 

Date: 02-26-2014 

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 

COURT REPORTERS AND TRANSCRIBERS 

1323 RHODE ISLAND AVE .• N.W. 

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