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 22656FAA - 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 25FAA - 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 25FAA - 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 appearsFAA - 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 MeetingFAA - 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 amFAA - 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 soFAA - 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 amFAA - 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 weekFAA - 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 fineFAA - 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 25FAA - 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 24 251 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 2014FAA - 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 26F4:23 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

add6:9 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 appeared4:7 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 client9:13 11:18 close 6:22 comfortable 7:24 9:13 coming5:12 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 confident8:7 contact 8:12 11:13 content5:3 continuance 11:15 continue 8:20 continued 7:18 8:13 12:4 continuing 11:3 correct6:9 10:24 11:23 couple 5:2 6:13 court4:4FAA - 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 CR26F5:25 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 decided6:21 details 8:22 different 8:17 directing 4:20 discovery8:3 discuss 5:25 discussing 5:12 dismissal 7:16 9:3 11:9 docket4:5 6:22 document 5:6 documents 6:25 7:25 Dr 4:15 during9:8

E early9:23 easiest 8:11 8:19 eastern 10:23 11:4 either 4:25 9:22 else 11:17 event7:21 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 finish5:18 5:18 7:8 first5:16 flexible 10:9 folks 10:10 10:22 formally 8:16 forward8:3 future 7:20 8:10 8:20

G getting 9:14 11:11 gotten 8:7 great9:6

H happened 6:2 6:10 happens 8:10 Happy12:4 having11:15 Hearing4:1 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 joint7:2 Judge 9:6FAA - 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 lot11:16 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 necessary8:4 negotiations 11:6 nine 10:14 10:18 note 4:17 notes 10:12 notified7:17 November 4:2 4:6 4:22 4:23 5:22 5:23

O observer 4:11 4:14 occurred5:8 offer 7:9 office 4:15 7:14 9:14 Oh5:14 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 party4:25 pay 8:15 pending8:18 perhaps 7:2 period 7:24 8:13 phone 5:12 pick 8:20 planning4:20 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 quiet9:8 quite 8:3

R reached8:3 reason 11:10 receiving7:1 record 4:4 4:10 12:6 refer 4:9 regarding 9:25 remember 6:14 rendition 6:9 report4:23 4:25 5:5 reporter 8:15 reporter's 4:15 represented 4:10 4:13 representing 6:6FAA - 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 send11:8 sent 7:5 setting4:19 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 sitting4:11 Smith7:17 8:12 11:13 snag11:10 speak 5:11 spoke 6:3 start5:4 state 5:7 staying10:7 Steve 4:15 Submission 4:21 suggest10:3 supposed7:1

T talk 11:14 11:18 11:23 talked 6:1 talking5:3 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 today4:6 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 turning9:1 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 waiting7:14 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