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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 1:36p.m. at 30355 Pine 15 Street, Charlotte Hall, Maryland, before Wanda L. (Granger) 16 Zapata, Notary Public. 17 18 19 20 21 22 23 24 25 

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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 FederalAviationAdministration, 8 Southern Region 9 1701 Columbia Avenue 10 College Park, Georgia 30337 11 404.305.5200 12 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 18 19 20 21 22 23 24 25 1200 New JerseyAvenue, S.E. (Ell-310) Washington, D.C. 20590 202.366.6941



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3 JUDGE SULLIVAN: We're on the record in the matter 4 of BeachAviation, 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 FederalAviationAdministration, which I'll 9 hereinafter refer to as "the FAA," is representedby 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, BeachAviation, LLC, has been 14 representedby 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 filedby the FAA on July 1, 2015, based on a request for 20 hearing filed byMr. Brady onbehalf of BeachAviation, LLC 21 on June 16, 2015. 22 This case was referred to the Office ofHearings 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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-www.ftrinc.net-(800)921-55554 1 post-discoveryplan was filed. That particular order was 2 mailed to both Mr. Goldberg andMr. 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 copywas 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 didnot 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 DeemAdmitted and for Judgment on 13 the pleading. 14 And I will note, Mr. Goldberg, for some reason 15 that didn't get intomy file until about three days ago. So 16 for some reason that particularmotion got misfiled andwe 17 just saw it a few days ago, so my apologies to your client 18 for not seeing that before. 19 20 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 onpage 1 of that two-page plan that 23 the parties hadjointly 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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### (301)870-8025-www.ftrinc.net-(800)921-55555 1 and did he, in fact, help submit this proposedplan that was 2 filed with the office on December 3rd, 2015? 3 MS. GOLDBERG: Yes, Your Honor. Themost recent 4 communication we received from himwas on December 1st. 5 We hadthe Agencyprepare an initial draft of the 6 plan and send it to him. He had requested changes that we 7 incorporated and then he agreedwith the revised version 8 which we submitted. 9 JUDGE: Okay. Do you have any reason or 10 understanding ofwhyhe 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 submittedwhen 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 sinceMr. Brady is not present today, what I'm 23 inclinedto 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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-(800)921-55551 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 7 would like to propose? 8 9 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 beenprovided in the file and that was successful in 16 reaching him. He didprovide 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 communicatedthrough 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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-www.ftrinc.net-(800)921-5555 67 1 Scheduling Plan, is the samemailing address that the Court 2 alreadyhas on its own service list. MR. GOLDBERG: Yes, Your Honor. 3 4 JUDGE: Okay. Then what I will do is I will thank 5 you verymuch for your time and I will simplynote again 6 that there was a filing error inthis office and I apologize 7 for that because, typically, when I receivemotions 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 thepending holiday 13 schedule, you'll see a littlebit of a stretch on the those 14 show cause deadlines simplyto account for anypossible 15 holidayplans that both of you might have. 16 If you do have contact again withMr. Brady, I 17 will ask you to notifyhimthat there's an orderpending 18 that he shouldreceive and respond to immediately if he gets 19 it. 20 21 MR. GOLDBERG: Thank you, Your Honor. We will. JUDGE: With that, is there anything else that we 22 need to address for your client todaybefore we close? 23 24 MR. GOLDBERG: No, Your Honor. Thank you. JUDGE: Okay, thank you verymuch for your 25 presence today and for your participation. It appears our 

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### Inc. (301)870-8025-www.ftrinc.net-(800)921-55551 business is complete. 2 With that, I'llwish you, Mr. Ellis and the Court 3 Reporter a veryhappy holiday and a happy new year. 4 5 6 7 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 offthe record and I 8 wish you all a good day. Thank you. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (Whereupon, the conference concluded at 1:43p.m.)



### ForTheRecord,Inc. (301)870-8025-www.ftrinc.net-(800)921-5555 81 2 3 CERTIFICATE OF REPORTER

4 I, Wanda L. Granger, a Master CertifiedVerbatim 5 Reporter, do hereby certify that I took the voice written 9

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 employedby 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 employedby 12 the parties hereto, nor financially or otherwise interested 13 in the outcome of the action. 14 15 16 17 18 19 20 21 22 23 

### 24 Notary Public in and for the State of Maryland

25 My commission expires: January 20, 2017 

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