### SERVED: March 7, 2017 U.S. DEPARTMENT OF TRANSPORTATI01iEPARTMENT 

## OF OFFICE OF HEARINGS 

### TRANSPORTATION

In The Matter Of: Mach One Air Charters, Inc. Respondent 

### WASHINGTON, DC 

# zon MAR -1 P 3= 38 ) ) ) ) ) 

## DOCKET OPERATIONS DocketNo. FAA-2015-0643 Case No. 2014WP210018



### PREHEARING CONFERENCE REPORT OnMarch 6, 2017, the undersignedjudgeheld a prehearing conference in the above captioned case. Counsel for the Complainant and the Respondent attended the conference telephonically to discuss the following: 1. Complainant's Witnesses a. The Complainant confirmed its intent to call the witnesses listed onits supplemental witness list. b. The Complainantmay also call Jennifer Johnson as a witness, and shall file a subpoenarequest as soon as possible, ifone is needed. ·c. The parties agreed Leigh Crumptonhad notreceived a written immunity agreement. d. The Complainant will provide the Respondent any notes from a FAA investigative interview ofDavidUttz. 2. Respondent's Witnesses a. The parties shall explore the possibility ofstipulating to Mr. Chin'stestimony. b. In the interests of judicial economy, the Respondent will not be limited to the scope ofdirect examination when cross-examining individuals identified as witnesses for bothparties. 3. Exhibits a. Because the parties seekto admit several ofthe same documents, the parties agreed to discuss the proposed exhibits to eliminate duplicates. b. Atthe start ofthe hearing, the undersignedjudge will ask the parties whether there are documents that can be pre-admittedrather than through witness testimony.c. Itis not necessary to submitregulations as exhibits. d. The Complainant's objections to specified exhibits filed on February 24, 2017 are overruled based upon the rule for admission at 14 CFR 

### § 13.222(b). 

### 4. Issues in the case The undersignedjudge identified two central issues to be decided at the hearing: a. Whether the aircraft required maintenance while in St. Paul. b. Whether the plane was airworthy upon departure from St. Paul. 

### 5. Conduct atthe Hearing Based upon a review ofthe deposition transcripts, the undersignedjudge reminded the parties ofthe following: a. Avoid using leading questions during direct examination. b. Maintain a professional tone during the hearing and ask non-argumentative questions. 

### 6. Contactwith Office ofHearings a. The parties shall contactthe undersignedjudge's staffassistant, Ms. Kelly Ort, to discuss courtroom logistics or any scheduling issues that may arise. b. Ms. Ort will email both parties the contact information for the Riverside Superior Court Administrator. 1 

### 7. Settlement The undersignedjudge encouraged the parties to continue to discuss possible settlement.

Administrative LawJudge Attachment: Service List

1The Riverside Superior Court will have equipment available to display audio and visual exhibits. However, the parties are encouraged to contactthe Riverside Superior Court Administrator directly to ensure the provided equipment will be sufficient.SERVICE LIST - BYU.S. MAIL ORIGINAL & ONE COPY Federal Aviation Administration 800 Independence Avenue, S.W. Washington, DC 20591 Attention: Hearing Docket Clerk, AGC-430 Wilbur Wright Building-Suite2W10002

Steven L. Graff, Respondent's Counsel Steven L. Graff, Inc. 43399 Calle De Velardo Temecula, CA 92592 TEL: 951-303-6400 FAX: 951-303-0723 LisaToscano, Complainant's Counsel Enforcement Division, Western Team Federal Aviation Administration P. 

### 0. Box 92007 Los Angeles, CA 90009-2007 TEL: 310-725-7110 FAX: 310-725-6816 ONE COPY

The Honorable Douglas M. Rawald,Administrative LawJudge Office ofHearings, M-20 U.S. Department ofTransportation 1200 NewJersey Avenue, S.E. (Ell-310) Washington, DC 20590 TEL: 202-366-5121 StaffAssistant FAX: 202-366-7536 DocketNo. FAA-2015-0643 (Civil Penalty Action)

2 Service was by U.S. Mail. For service in person or by expedited courier, use the following address: Federal Aviation Administration, 600 Independence Avenue, S.W., Wilbur Wright Building-Suite 2W1000, Washington, DC 20591; Attention: Hearing Docket Clerk, AGC-430.