UNITED STATES OF AMERICA

 DEPARTMENT OF TRANSPORTATION

 OFFICE OF HEARINGS

In The Matter Of:

JOHN ALAN DAVIS CASE NO: FAA-2014-0409

RESPONDENT

_____________________________________________________

 HEARING BEFORE

 THE HONORABLE J.E. SULLIVAN

 THURSDAY, NOVEMBER 20, 2014

 10:04 A.M.

 HISTORIC JORDAN SPRINGS

 1160 JORDAN SPRINGS ROAD

 STEPHENSON, VIRGINIA 22656
FAA - RE: John A. Davis November 20, 2014 VR # 1681-1 Page 2

1 APPEARANCES

2 ON BEHALF OF THE PLAINTIFF,

3 FEDERAL AVIATION ADMINISTRATION:

4 KATE BARBER, ESQUIRE

5 FEDERAL AVIATION ADMINISTRATION, AGL-7

6 2300 EAST DEVON AVENUE

7 DES PLAINES, ILLINOIS 60081

8 TELEPHONE: 847.294.7862

9 FACSIMILE: 847.294.7498

10

11 ON BEHALF OF THE DEFENDANT,

12 JOHN ALAN DAVIS:

13 PRO SE

14 12052 116TH STREET

15 CHIPPEWA FALLS, WI 54729

16

17

18

19

20

21

22

23

24

25
FAA - RE: John A. Davis November 20, 2014 VR # 1681-1 Page 3

1 INDEX

2

3

4 (NO EXAMINATION)

5

6

7 EXHIBITS

8 Exhibit Page

9

10

11 (NONE MARKED)

12

13

14

15

16

17

18

19

20

21

22

23

24

25
FAA - RE: John A. Davis November 20, 2014 VR # 1681-1 Page 4

1 HEARING

2 THURSDAY, NOVEMBER 20, 2014

3 10:04 A.M.

4 THE COURT: Okay. We are on the record

5 in the matter of John Alan Davis. This is Docket

6 #FAA-2014-0409. Today is Thursday, November 20, 2014

7 and the parties have appeared for a litigation

8 scheduling conference. The Federal Aviation

9 Administration which I will hereinafter refer to as

10 the FAA is represented by its Attorney of Record Ms.

11 Kate Barber. Also present sitting in as an observer is

12 an FAA attorney by the name of Lauren Hoyson. The

13 respondent John Alan Davis is represented by himself

14 and he is present today. We also have an observer

15 with the court reporter's office named Dr. Steve

16 Killean.

17 Good morning to you all. I'll note

18 that for the purposes of today's proceeding there was

19 a December 22, 2014 order setting Rule 16 Litigation

20 Scheduling Conference and directing a Rule 26 Planning

21 and Submission to be filed on or before Thursday

22 November 13, 2014 in preparation of this conference

23 today. On November 12, 2014 a report of Rule 26F

24 Planning Meeting was filed. This particular one page

25 report was not signed by either party but it appears
FAA - RE: John A. Davis November 20, 2014 VR # 1681-1 Page 5

1 to have been filed by the parties and I do have a

2 couple of questions about it before I jump into

3 talking about the content.

4 Ms. Barber why don't I start with you.

5 In terms of the report it indicates on page one of the

6 one page document that the parties conducted a Rule

7 26F Planning Meeting but it doesn't state when. Can

8 you tell me the date that occurred?

9 MS. BARBER: Well I thought that today

10 was the meeting so then if we all agreed upon it then

11 we would sign this one however so we did speak on the

12 phone discussing the meeting but we ended up coming to

13 a settlement yesterday.

14 THE COURT: Oh.

15 MS. BARBER: I just, I wanted to tell

16 you that first so we, I didn't want to waste any more

17 of your time but I wanted to let you have the

18 opportunity to finish whatever we need to finish here.

19 THE COURT: Okay well lets do this. Why

20 don't you tell me what day you actually had a

21 telephone conference with Mr. Davis?

22 MS. BARBER: Okay it was November 10.

23 THE COURT: Okay so on November 10, 2014

24 the two of you had a telephone conference

25 presumptively to discuss the CR26F Planning Meeting
FAA - RE: John A. Davis November 20, 2014 VR # 1681-1 Page 6

1 and then as you talked about things you came to a

2 settlement. Is that what happened?

3 MS. BARBER: And we spoke yesterday as

4 well.

5 THE COURT: Okay. Mr. Davis let me turn

6 to you then since you are litigant representing

7 yourself. Based on what Ms. Barber has told me so far

8 do you agree with that or is there anything you would

9 like to add or correct to that rendition of what has

10 happened so far?

11 MR. DAVIS: Everything that she said is

12 yes we did agree on and that is what we came to an

13 agreement on is, what was it yesterday or a couple of

14 days ago I don't remember what day it was.

15 THE COURT: Okay.

16 MR. DAVIS: I am in total agreement.

17 THE COURT: Okay Ms. Barber then let me

18 ask you this. Do you have settlement papers that you

19 want to file or are you planning to file a withdrawal

20 of the complaint? What is the process that you and

21 Mr. Davis have decided in terms of resolving the

22 matter so that I can close my docket?

23 MS. BARBER: Once we have the um, we

24 have an agreement however we have not processed all

25 the paperwork based on financial documents that I am
FAA - RE: John A. Davis November 20, 2014 VR # 1681-1 Page 7

1 supposed to be receiving. So once I get that I can, we

2 can do a perhaps a joint withdrawal. I can withdraw

3 the complaint or he can withdraw the appeal and then I

4 could do the settlement. If you would like I can type

5 up the settlement agreement and have that sent to you

6 so then therefore you would have that.

7 THE COURT: Well it is just a matter of,

8 let me just finish. It is a matter of what you and

9 Mr. Davis would like to do so I am going to offer you

10 some choices.

11 MS. BARBER: Okay.

12 THE COURT: Typically what I do is I

13 keep these cases on my calendar. They don't get lost

14 in the office primarily waiting for some type of

15 paperwork to be filed so that I can issue an order of

16 dismissal so in this type of scenario if the parties

17 have not notified Mr. Smith who is the attorney who

18 works for me that they want the CR16 continued and we

19 all appear today like we have I will simply set a date

20 in the future for a new CR16 telephone conference in

21 the event the settlement falls through but the time

22 that I set this particular conference is usually set

23 up far enough so that you and Mr. Davis would have a

24 comfortable working period to exchange whatever

25 documents that you want to finalize the settlement so
FAA - RE: John A. Davis November 20, 2014 VR # 1681-1 Page 8

1 that is one way to do it. In other circumstances

2 parties working on a settlement that they have not

3 quite reached it and we go forward with the discovery

4 schedule and that doesn't seem like that is necessary

5 in this case.

6 Another way of doing is this if you are

7 confident about settlement or you have already gotten

8 paperwork together one or both of you can file

9 something right away and then work out the settlement

10 later. If this happens in the future and you know

11 ahead of the CR16 conference then what is the easiest

12 thing to do is to contact Mr. Smith and just ask for

13 the CR16 conference to be continued for a period of

14 time while you exchange paperwork and that way you

15 don't have to pay for the court reporter and you don't

16 have to appear and do it formally like you are doing

17 now so those are all different ways to address a

18 pending settlement. It would seem to me that in this

19 particular case the easiest thing to do would be to

20 just pick a date out in the future to continue this

21 particular process so that you and Mr. Davis have a

22 chance to resolve all of the settlement details and

23 then file something prior to that next conference

24 date.

25 Once I get the settlement papers I am
FAA - RE: John A. Davis November 20, 2014 VR # 1681-1 Page 9

1 usually very good about turning those around very

2 quickly and then I can cancel the second conference

3 time and issue a dismissal order so that the parties

4 can work on their next challenge whatever that might

5 be. Would that work for you?

6 MS. BARBER: Yes Judge that works great.

7 THE COURT: Okay Mr. Davis you have been

8 quiet during this time. Would that work for you as

9 well?

10 MR. DAVIS: Yes that will work for me.

11 THE COURT: Okay. Ms. Barber knowing

12 what you know about the case how much time do you

13 think would be comfortable for your client in working

14 with Mr. Davis and getting paperwork to this office?

15 MS. BARBER: I would say about two to

16 three weeks.

17 THE COURT: Okay. Mr. Davis would that

18 work for your schedule as well knowing what you know

19 about your own schedule?

20 MR. DAVIS: Yes that would work fine.

21 THE COURT: Okay. Then why don't we

22 take a look at our calendars for either the week of

23 December 15 or early the week of December 22 for a

24 second scheduling of the Rule 16 conference. Ms.

25 Barber do you have a preference regarding which week
FAA - RE: John A. Davis November 20, 2014 VR # 1681-1 Page 10

1 we will get?

2 MS. BARBER: I think December 15 week

3 would be better and I would suggest the 18.

4 THE COURT: Okay. Mr. Davis would that

5 work for you as well?

6 MR. DAVIS: Yes that would work fine.

7 THE COURT: Mr. Davis staying with you

8 do you have any time in the morning that you prefer?

9 MR. DAVIS: I am pretty flexible

10 whatever you folks want to do is fine with me.

11 THE COURT: Okay and according to my

12 file notes you are in Wisconsin right now so what time

13 is it in Wisconsin?

14 MR. DAVIS: Nine a.m.

15 THE COURT: Okay. And Ms. Barber you

16 are currently in Illinois?

17 MS. BARBER: Yes.

18 THE COURT: And is it nine a.m. in

19 Illinois too?

20 MS. BARBER: Yes.

21 THE COURT: Okay so I am one hour ahead

22 of you folks all right. How about if we schedule this

23 for December 18, 2014 at 10:00 a.m. eastern time, 9:00

24 a.m. is it central time. Is that the correct time zone

25 Ms. Barber?
FAA - RE: John A. Davis November 20, 2014 VR # 1681-1 Page 11

1 MS. BARBER: Yes.

2 THE COURT: Okay. What I will do is I

3 will issue an order basically continuing this case

4 until December 18, 2014 at 10:00 a.m. eastern time

5 which is 9:00 a.m. central time. I wish you both good

6 luck in your settlement negotiations. As you as you

7 get any paperwork to me I will turn it around

8 hopefully within twenty-four hours and send a

9 dismissal order out to you.

10 If for any reason that there is a snag

11 in getting paperwork prior to the 18 of December 2014

12 but you still think you are going to settle and want

13 some additional time just contact Mr. Smith and he

14 will talk to you about my calendar availability and

15 help you work out a continuance without having to file

16 a lot of paperwork or appear again before me so with

17 that Ms. Barber is there anything else you would like

18 to add or talk about on behalf of your client today?

19 MS. BARBER: No Your Honor. Thank you

20 very much.

21 THE COURT: You are welcome. Mr. Davis

22 on behalf of yourself is there anything you would like

23 to add, correct or talk about for your own behalf

24 today?

25 MR. DAVIS: No Your Honor I am fine
FAA - RE: John A. Davis November 20, 2014 VR # 1681-1 Page 12

1 thank you.

2 THE COURT: Okay then I will thank

3 everyone for your presence here today. I will wish you

4 good luck in your continued settlement exchange. Happy

5 Thanksgiving as well. With that we can go off the

6 record and I wish you all a good day. Thank you.

7 (WHEREUPON, the Hearing was concluded at 10:17 a.m.)

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25
FAA - RE: John A. Davis November 20, 2014 VR # 1681-1 Page 13

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

25
1

2

3

4

6

5

7

11

10

13

12

9

8

14

15

19

18

17

16

20

21

25

24

23

22

CERTIFICATE OF REPORTER AND SECURE ENCRYPTED

I, Suzanne W. Gonazales, Notary Public, do hereby

 certify that the foregoing matter was reported by 

 stenographic and/or mechanical means, that same was 

 reduced to written form, that the transcript prepared 

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

This transcript and certificate have been digitally

 or otherwise interest in the action filed or its outcome.

 record of same to the best of my knowledge and ability; 

 or counsel employed by the parties hereto, nor financial

 that there is no relation nor employment by any attorney 

Court Reporter / Notary

SIGNATURE AND DELIVERY OF CERTIFIED TRANSCRIPT

 signed and securely delivered through our encryption

 server.

IN WITNESS HEREOF, I have here unto set my hand 

 this day of , .

Notary Registration Number: 7060068

My Commission Expires: 

Suzanne W. Gonzales

5th

02/28/2018

December 2014
FAA - RE: John A. Davis November 20, 2014 VR # 1681-1 Page 15

1

10 5:22 5:23

10:00 10:23

11:4

10:04 4:3

10:17 12:7

12 4:23

13 4:22

15 9:23 10:2

16 4:19 9:24

18 10:3 10:23

11:4 11:11

2

20 4:2 4:6

2014 4:2

4:6 4:19

4:22 4:23

5:23

10:23

11:4 11:11

22 4:19 9:23

26 4:20

26F 4:23 5:7

9

9:00 10:23

11:5

A

a.m 4:3 10:14

10:18 10:23

10:24

11:4 11:5

12:7

according

10:11

actually 5:20

add 6:9 11:18

11:23

additional

11:13

address 8:17

Administratio

n 4:9

ago 6:14

agreed 5:10

agreement

6:13 6:16

6:24 7:5

ahead 8:11

10:21

Alan 4:5 4:13

already 8:7

am 6:16

6:25 7:9

8:25 10:9

10:21 11:25

anything

6:8 11:17

11:22

appeal 7:3

appear 7:19

8:16 11:16

appeared 4:7

appears 4:25

attorney 4:10

4:12 7:17

availability

11:14

Aviation 4:8

away 8:9

B

Barber 4:11

5:4 5:9

5:15 5:22

6:3 6:7

6:17 6:23

7:11 9:6

9:11 9:15

9:25 10:2

10:15 10:17

10:20 10:25

11:1

11:17 11:19

based 6:7

6:25

basically

11:3

behalf

11:18 11:22

11:23

better 10:3

C

calendar 7:13

11:14

calendars

9:22

cancel 9:2

case 8:5 8:19

9:12 11:3

cases 7:13

central 10:24

11:5

challenge 9:4

chance 8:22

choices 7:10

circumstances

8:1

client 9:13

11:18

close 6:22

comfortable

7:24 9:13

coming 5:12

complaint

6:20 7:3

concluded

12:7

conducted 5:6

conference

4:8 4:20

4:22 5:21

5:24 7:20

7:22 8:11

8:13 8:23

9:2 9:24

confident 8:7

contact

8:12 11:13

content 5:3

continuance

11:15

continue 8:20

continued

7:18 8:13

12:4

continuing

11:3

correct 6:9

10:24 11:23

couple 5:2

6:13

court 4:4
FAA - RE: John A. Davis November 20, 2014 VR # 1681-1 Page 16

4:15 5:14

5:19 5:23

6:5 6:15

6:17 7:7

7:12 8:15

9:7 9:11

9:17 9:21

10:4 10:7

10:11 10:15

10:18 10:21

11:2

11:21 12:2

CR16 7:18

7:20 8:11

8:13

CR26F 5:25

currently

10:16

D

date 5:8 7:19

8:20 8:24

Davis 4:5

4:13 5:21

6:5 6:11

6:16 6:21

7:9 7:23

8:21 9:7

9:10 9:14

9:17 9:20

10:4 10:6

10:7 10:9

10:14 11:21

11:25

day 5:20 6:14

12:6

days 6:14

December 4:19

9:23 9:23

10:2

10:23

11:4 11:11

decided 6:21

details 8:22

different

8:17

directing

4:20

discovery 8:3

discuss 5:25

discussing

5:12

dismissal

7:16 9:3

11:9

docket 4:5

6:22

document 5:6

documents

6:25 7:25

Dr 4:15

during 9:8

E

early 9:23

easiest

8:11 8:19

eastern 10:23

11:4

either 4:25

9:22

else 11:17

event 7:21

everyone 12:3

Everything

6:11

exchange 7:24

8:14 12:4

F

FAA 4:10 4:12

FAA-2014-0409

4:6

falls 7:21

Federal 4:8

file 6:19

6:19 8:8

8:23

10:12 11:15

filed 4:21

4:24 5:1

7:15

finalize 7:25

financial

6:25

fine 9:20

10:6

10:10 11:25

finish 5:18

5:18 7:8

first 5:16

flexible 10:9

folks 10:10

10:22

formally 8:16

forward 8:3

future 7:20

8:10 8:20

G

getting

9:14 11:11

gotten 8:7

great 9:6

H

happened

6:2 6:10

happens 8:10

Happy 12:4

having 11:15

Hearing 4:1

12:7

help 11:15

hereinafter

4:9

Honor 11:19

11:25

hopefully

11:8

hour 10:21

hours 11:8

Hoyson 4:12

I

I'll 4:17

Illinois

10:16 10:19

indicates 5:5

issue 7:15

9:3 11:3

J

John 4:5 4:13

joint 7:2

Judge 9:6
FAA - RE: John A. Davis November 20, 2014 VR # 1681-1 Page 17

jump 5:2

K

Kate 4:11

Killean 4:16

L

later 8:10

Lauren 4:12

lets 5:19

litigant 6:6

litigation

4:7 4:19

lost 7:13

lot 11:16

luck 11:6

12:4

M

matter 4:5

6:22 7:7

7:8

meeting

4:24 5:7

5:10 5:12

5:25

morning

4:17 10:8

N

necessary 8:4

negotiations

11:6

nine 10:14

10:18

note 4:17

notes 10:12

notified 7:17

November

4:2 4:6

4:22 4:23

5:22 5:23

O

observer 4:11

4:14

occurred 5:8

offer 7:9

office 4:15

7:14 9:14

Oh 5:14

Okay 4:4 5:19

5:22 5:23

6:5 6:15

6:17 7:11

9:7 9:11

9:17 9:21

10:4

10:11 10:15

10:21

11:2 12:2

opportunity

5:18

order 4:19

7:15 9:3

11:3 11:9

P

page 4:24 5:5

5:6

papers 6:18

8:25

paperwork

6:25 7:15

8:8 8:14

9:14 11:7

11:11 11:16

particular

4:24 7:22

8:19 8:21

parties 4:7

5:1 5:6

7:16 8:2

9:3

party 4:25

pay 8:15

pending 8:18

perhaps 7:2

period 7:24

8:13

phone 5:12

pick 8:20

planning 4:20

4:24 5:7

5:25 6:19

prefer 10:8

preference

9:25

preparation

4:22

presence 12:3

present

4:11 4:14

presumptively

5:25

pretty 10:9

primarily

7:14

prior 8:23

11:11

proceeding

4:18

process

6:20 8:21

processed

6:24

purposes 4:18

Q

questions 5:2

quickly 9:2

quiet 9:8

quite 8:3

R

reached 8:3

reason 11:10

receiving 7:1

record 4:4

4:10 12:6

refer 4:9

regarding

9:25

remember 6:14

rendition 6:9

report 4:23

4:25 5:5

reporter 8:15

reporter's

4:15

represented

4:10 4:13

representing

6:6
FAA - RE: John A. Davis November 20, 2014 VR # 1681-1 Page 18

resolve 8:22

resolving

6:21

respondent

4:13

Rule 4:19

4:20 4:23

5:6 9:24

S

scenario 7:16

schedule

8:4 9:18

9:19 10:22

scheduling

4:8 4:20

9:24

second 9:2

9:24

seem 8:4 8:18

send 11:8

sent 7:5

setting 4:19

settle 11:12

settlement

5:13 6:2

6:18 7:4

7:5 7:21

7:25 8:2

8:7 8:9

8:18 8:22

8:25 11:6

12:4

sign 5:11

signed 4:25

simply 7:19

sitting 4:11

Smith 7:17

8:12 11:13

snag 11:10

speak 5:11

spoke 6:3

start 5:4

state 5:7

staying 10:7

Steve 4:15

Submission

4:21

suggest 10:3

supposed 7:1

T

talk 11:14

11:18 11:23

talked 6:1

talking 5:3

telephone

5:21 5:24

7:20

terms 5:5

6:21

thank 11:19

12:1 12:2

12:6

Thanksgiving

12:5

therefore 7:6

Thursday

4:2 4:6

4:21

today 4:6

4:14 4:23

5:9 7:19

11:18 11:24

12:3

today's 4:18

total 6:16

turn 6:5 11:7

turning 9:1

twenty-four

11:8

type 7:4 7:14

7:16

Typically

7:12

U

um 6:23

upon 5:10

usually

7:22 9:1

W

waiting 7:14

waste 5:16

ways 8:17

week 9:22

9:23 9:25

10:2

weeks 9:16

welcome 11:21

whatever 5:18

7:24 9:4

10:10

WHEREUPON

12:7

Wisconsin

10:12 10:13

wish 11:5

12:3 12:6

withdraw

7:2 7:3

withdrawal

6:19 7:2

work 8:9

9:4 9:5 9:8

9:10 9:18

9:20 10:5

10:6 11:15

working

7:24 8:2

9:13

works 7:18

9:6

Y

yesterday

5:13 6:3

6:13

yourself

6:7 11:22

Z

zone 10:24