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ORIGINAL 

FEDERAL AVIATION ADMINISTRATION 

In the Matter of: Docket No. 

BEACH AVIATION, LLC, FAA-2015-1325 

Respondent 

12 The telephonic litigation scheduling conference 

13 before the HONORABLE J.E. SULLIVAN was taken on Thursday, 

14 December 10, 2015, commencing at 1:36 p.m. at 30355 Pine 

15 Street, Charlotte Hall, Maryland, before Wanda L. (Granger) 

16 Zapata, Notary Public. 

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A P P E A R A N C E S 

3 ON BEHALF OF THE COMPLAINANT, via telephone: 

4 BRANDON C. GOLDBERG, ESQUIRE 

5 GERALD ELLIS, ESQUIRE 

6 Office of the Regional Counsel, AS0-7 

7 Federal Aviation Administration, 

8 Southern Region 

9 1701 Columbia Avenue 

10 College Park, Georgia 30337 

11 404.305.5200 

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13 BEFORE: 

14 JUDGE J.E. SULLIVAN (via telephone) 

15 U.S. Administrative Law Judge 

16 Office of Hearings, M-20 

17 U.S. Department of Transportation 

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1200 New Jersey Avenue, S.E. (Ell-310) 

Washington, D.C. 20590 

202.366.6941 

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P R 0 C E E D I N G S 

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3 JUDGE SULLIVAN: We're on the record in the matter 

4 of Beach Aviation, LLC. This is Docket Number FAA-2015-

5 1325. Today is Thursday, December 10, 2015, and the parties 

6 have convened for a court-ordered litigation scheduling 

7 conference. 

8 The Federal Aviation Administration, which I'll 

9 hereinafter refer to as "the FAA," is represented by its 

10 attorney of record, Mr. Brandon C. Goldberg. Also present 

11 with the FAA counsel is Mr. Gerald Ellis, another attorney 

12 with that office. 

13 The Respondent, Beach Aviation, LLC, has been 

14 represented by a lay representative named Mr. Charles Brady. 

15 Mr. Brady is not present. There's no explanation for his 

16 absence and there is no other representative appearing on 

17 behalf of the Respondent this afternoon. 

18 I'll note that this case arises from a complaint 

19 filed by the FAA on July 1, 2015, based on a request for 

20 hearing filed by Mr. Brady on behalf of Beach Aviation, LLC 

21 on June 16, 2015. 

22 This case was referred to the Office of Hearings 

23 by the FAA in due course. And on September 3rd, 2015, an 

24 order setting a Rule 16 litigation scheduling conference 

25 directing the parties to confer and file a Rule 26(f) for 

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1 post-discovery plan was filed. That particular order was 

2 mailed to both Mr. Goldberg and Mr. Brady to their address 

3 of record. 

4 In addition, it appears that there was a courtesy 

5 copy faxed to the FAA on September 3rd, 2015. No courtesy 

6 copy was faxed to Mr. Brady since the Court did not have his 

7 fax number. However, I should note that there has been no 

8 mail returned indicating that Mr. Brady did not receive the 

9 order. 

10 In addition, approximately 15 days after the 

11 September 3rd, 2015 order was issued, on September 28, 2015, 

12 the FAA filed a Motion to Deem Admitted and for Judgment on 

13 the pleading. 

14 And I will note, Mr. Goldberg, for some reason 

15 that didn't get into my file until about three days ago. So 

16 for some reason that particular motion got misfiled and we 

17 just saw it a few days ago, so my apologies to your client 

18 for not seeing that before. 

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MR. GOLDBERG: No problem at all, Your Honor. 

JUDGE: There was in addition to that filing on 

21 December 3rd, 2015, a Joint Proposed Scheduling Plan filed 

22 by the FAA indicating on page 1 of that two-page plan that 

23 the parties had jointly submitted the plan. 

24 So, Mr. Goldberg, I'm going to ask you a couple of 

25 questions first. What was your last contact with Mr. Brady 

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1 and did he, in fact, help submit this proposed plan that was 

2 filed with the office on December 3rd, 2015? 

3 MS. GOLDBERG: Yes, Your Honor. The most recent 

4 communication we received from him was on December 1st. 

5 We had the Agency prepare an initial draft of the 

6 plan and send it to him. He had requested changes that we 

7 incorporated and then he agreed with the revised version 

8 which we submitted. 

9 JUDGE: Okay. Do you have any reason or 

10 understanding of why he may not be present today given your 

11 recent contact with him? 

12 MR. GOLDBERG: Well, Your Honor, during the 

13 communications, we had referenced that there was the call 

14 today and that was why the plan had to be submitted when it 

15 was. 

16 He did not seem to be surprised when we mentioned 

17 the call today, although we did not discuss the details of 

18 the call. 

19 JUDGE: Okay. Well, given the fact that you have 

20 made a motion, that takes precedence over scheduling a 

21 litigation conference. 

22 And since Mr. Brady is not present today, what I'm 

23 inclined to do, unless you have a different plan that you 

24 would prefer, is to issue an order setting a deadline for 

25 Mr. Brady to respond and show cause regarding the lack of 

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1 formal answer and the lack of response to the September 28, 

2 2015 motion. 

3 MR. GOLDBERG: Certainly, Your Honor. If that's 

4 the course that you believe is appropriate, we have no 

5 objection. 

6 JUDGE: Do you have any other alternative you 

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MR. GOLDBERG: No, Your Honor. 

JUDGE: Okay. Then that's what I am going to do. 

10 And I'm going to ask you, based on your recent contact with 

11 Mr. Brady, if you were advised of any particular fax number 

12 or contact number or address that might be different from 

13 the court service list at this point. 

14 MR. GOLDBERG: We used the phone number that had 

15 been provided in the file and that was successful in 

16 reaching him. He did provide us with an email address, as 

17 well, although not a fax number. 

18 JUDGE: Okay. And I see that email address in 

19 your certificate of service attached to the December 3rd, 

20 2015 Joint Proposed Scheduling Plan. 

21 MR. GOLDBERG: Yes. That was the email address 

22 that we communicated through after our initial phone call. 

23 JUDGE: Okay. And it looks like the mailing 

24 address that's contained on the certificate of service, 

25 again attached to the December 3rd, 2015 Joint Proposed 

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1 Scheduling Plan, is the same mailing address that the Court 

2 already has on its own service list. 

3 MR. GOLDBERG: Yes, Your Honor. 

4 JUDGE: Okay. Then what I will do is I will thank 

5 you very much for your time and I will simply note again 

6 that there was a filing error in this office and I apologize 

7 for that because, typically, when I receive motions of any 

8 kind, I try to act on them in short order. 

9 So I will be getting out an order to show cause on 

10 this particular case within the next few days and setting 

ll some deadlines for the Respondent to show cause. 

12 Because of the impending -- or the pending holiday 

13 schedule, you'll see a little bit of a stretch on the those 

14 show cause deadlines simply to account for any possible 

15 holiday plans that both of you might have. 

16 If you do have contact again with Mr. Brady, I 

17 will ask you to notify him that there's an order pending 

18 that he should receive and respond to immediately if he gets 

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MR. GOLDBERG: Thank you, Your Honor. We will. 

JUDGE: With that, is there anything else that we 

22 need to address for your client today before we close? 

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MR. GOLDBERG: No, Your Honor. Thank you. 

JUDGE: Okay, thank you very much for your 

25 presence today and for your participation. It appears our 

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1 business is complete. 

2 With that, I'll wish you, Mr. Ellis and the Court 

3 Reporter a very happy holiday and a happy new year. 

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MR. GOLDBERG: Again, Your Honor, thank you. 

MR. ELLIS: Thank you, Your Honor. 

THE COURT REPORTER: Thank you, Your Honor. 

JUDGE: With that, we can go off the record and I 

8 wish you all a good day. Thank you. 

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(Whereupon, the conference concluded at 1:43 p.m.) 

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CERTIFICATE OF REPORTER 

4 I, Wanda L. Granger, a Master Certified Verbatim 

5 Reporter, do hereby certify that I took the voice written 

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6 notes of the foregoing hearing which I thereafter reduced to 

7 typewriting; that the foregoing is a true record of said 

8 proceedings; that I am neither counsel for, related to, nor 

9 employed by any of the parties to the action in which these 

10 proceedings were held; and, further, that I am not a 

11 relative or employee of any attorney or counsel employed by 

12 the parties hereto, nor financially or otherwise interested 

13 in the outcome of the action. 

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Notary Public in and for the 

State of Maryland 

25 My commission expires: January 20, 2017 

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