**DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS** 

_____________________________________________________

TELEPHONIC HEARING BEFORE THE HONORABLE J. E. SULLIVAN

TUESDAY, MAY 13, 2014

11:03 A.M. HISTORIC JORDAN SPRINGS 1160 JORDAN SPRINGS ROAD STEPHENSON, VIRGINIA **22656 IN THE MATTER OF:**  **RENAISSANCE JET, INC.**  **CASE NO.: FAA-2013-1078** FAA vs Renaiss ance Jet Inc May 13, 2014 VR # 001064-1 Page 2

1 APPE ARAN CES 2 ON BEHALF OF **THE COMPLAINANT** , 3 FEDE RAL AVIATION ADM INISTRATION: 4 ZAC HARY M. BERM AN, ESQUIRE 5 OFFICE OF THE REGIONAL COUNS EL, EAST ERN DIVISION 6 1 AVIATION PLAZA 7 JAM AICA, NEW YORK 14434 8 TEL EPHO NE: 718 .553 .3258 9 FAC SIMI LE: 718.995.5699 10 EMA IL: ZACHARY.BERMAN@FAA.GOV 11 12 ON BEHALF OF THE RESPONDENT , 13 RENAISSA

NCE JET, INC .: 14 JOH N AD AMS HODGE, ESQUIRE 15 JOHN ADA

MS HODGE AND ASS OCIATES, LLC . 16 136 STONEMARK LA ND, SUITE 110 17 COL UMBIA, SOUTH CAR OLINA 29210 18 TEL EPHO NE: 803 .783 .9001 19 FAC SIMI LE: 803.783.9210 20 EMA IL: NOT AVAILABLE 21 22 23 24 25FAA vs Renaissance Jet Inc May 13, 2014 VR # 001064-1 Page 3

1 TELE PHONIC HEARING 2 (L ITIGATION SCHEDULING CONFERENCE) 3 TUESDAY, MAY 13, 2014 4 11 :03 A.M. 5 THE COURT: Good morning. This is 6 Jud ge Sullivan. Do I have Mr. Berman on the line? 7 MR. BERMAN: Yes, Judge. Good morning. 8 Thi s is Zach Berman. 9 THE COURT: Good morning. Is is John 10 Ada ms Hodge? 11 MR. HODGE: Yes, I'm here Mr. Hodge. 12 THE COURT: Okay, and I should also 13 hav e a Kevin Olmstead from Veterans Court Reporting. 14 COUR T REPORTER: That is correct, yes. 15 THE COURT: Okay. Before we begin, I 16 jus t want to check in Mr. Berman. Is there anyone 17 els e on your line with you as an observer? 18 MR. BERMAN: No, Judge. 19 THE COURT: And Mr. Hodge, how about 20 you ? 21 MR. HODGE: No. 22 THE COURT: Okay. Mr. Court Reporter, 23 are you ready? 24 COUR T REPORTER: Yes, ma'am. 25 THE COURT: Okay. We're on the recordFAA vs Renaissance Jet Inc May 13, 2014 VR # 001064-1 Page 4

1 in the matter of Renaissance Jet, Inc. This is docket 2 number FAA-2013-1078. Today is Tuesday, May 13, 2014 3 and the parties have convened by telephone for a 4 litigation scheduling conference. The Federal 5 Aviation Administration, which I'll hereinafter refer 6 to as the FAA is represented by its attorney of record 7 Mr. Zachary M. Berman. The respondent Renaissance 8 Jet, Inc. is represented by its attorney of record Mr. 9 John Adams Hodge. Good morning everyone. 10 MR. BERMAN: Good morning. 11 THE COURT: I'll note that on March 12, 12 2014 the Court filed an order setting a Rule 16 13 litigation scheduling conference and directing a Rule 14 26F planning and submission. On May 12, 2014, the 15 parties submitted a joint proposed procedural schedule 16 pursuant to that court order. So our conference today 17 is going to be I think fairly easy since the parties 18 have done all the heavy lifting before we convened 19 today. What I'm going to do is I'm just going to go 20 through your joint proposed procedural schedule. I'm 21 also going to ask a couple questions about the 22 complaint. We'll firm up some dates and times and 23 then answer any questions that the parties might have. 24 So let's start with you Mr. Berman. In terms of your 25 complaint I wanted to just check and find out how manyFAA vs Renaissance Jet Inc May 13, 2014 VR # 001064-1 Page 5

1 vio lations are you alleging? It looked to me as 2 tho ugh you were alleging a total of perhaps twelve 3 vio lations because of the five flights that you talk 4 abo ut, but I wanted to get a confirmation about that. 5 MR. BERMAN: Okay. Just looking 6 thr ough it, well this week I divided the number of 7 vio lations into maintenance and operations and the, 8 I'mlooking at paragraph four where they actually 9 fai led to, they deferred the flight management system 10 and they failed to repair it so that's one instance of 11 imp roper maintenance. And then the four flights would 12 be a separate violation, so for that set of violations 13 we have five violations and the, for the flight 14 ref erence in paragraph nine where they operated for 15 one flight and there were four discrepancies. That's 16 an additional, I'd say it's an additional five 17 vio lations because again the failure to repair these 18 dis crepancies in operating the one flight with these 19 fou r different discrepancies so five of five, I sent 20 bas ically ten violations. 21 THE COURT: Okay. That's helpful. 22 Tha nk you, and then in terms of the regulations you've 23 sit ed four different regulations. Are two of them 24 reg ulations attached to the maintenance and two 25 att ached to the operations or is it done differently?FAA vs Renaissance Jet Inc May 13, 2014 VR # 001064-1 Page 6

1 MR. BERMAN: Let's see, the ones, let's 2 see . Both of the, yes, that's correct. The first 8, 3 sub paragraph A and subparagraph D referring to 91405A, 4 Sec tion 135413A refer to maintenance and the middle 5 two regulations refer to operations. 6 THE COURT: I'm looking at page 3 of 7 you r four-page complaint. 8 MR. BERMAN: That's what I'm looking 9 at, yes. 10 THE COURT: Okay, and so A and B 11 ref erence Chapter Subsection 91. C and D reference 12 Sub section 135, so the 91 sections refer to the 13 mai ntenance and the 135 sections refer to the 14 ope rations. Is that what you're telling me? 15 MR. BERMAN: No. The A and D, as in 16 Dav id, refer to the maintenance and B and C refer to, 17 B a s in boy, and C refer to operations. 18 THE COURT: Okay. Thank you very much. 19 Let 's talk a little bit just briefly about the time of 20 the hearing and venue. It looked to me like the 21 par ties had agreed to venue in Charlotte, North 22 Car olina and that the hearing would take a total of 23 two full days. Is that correct, Mr. Berman? 24 MR. BERMAN: Yes. 25 THE COURT: Okay, and Mr. Hodge?FAA vs Renaissance Jet Inc May 13, 2014 VR # 001064-1 Page 7

1 MR. HODGE: I think it could be done 2 sho rter than two days, but probably on the safe side, 3 it would be appropriate to reserve two days for it. 4 THE COURT: Okay, thank you. I'm going 5 to just then run through your joint procedural 6 sch edule and I'll start on page one and as I'm doing 7 thi s I'm going to be taking some notes and talking 8 abo ut a couple other things. I have no problem 9 ado pting June 2, 2014 for your general discovery start 10 dat e. I do, however, also add in a deadline for 11 ini tial disclosures that precede the general discovery 12 or it's in compliment to the general discovery and 13 typ ically, that's the discovery that parties should 14 ser ve each other with without waiting for a specific 15 dis covery response. An example of that are clearly 16 con tained in the Civil Rules under Rule 26A(1a), 1, 2, 17 and 3 so typically parties have already exchanged that 18 inf ormation, but if you haven't, what I'm going to 19 sug gest is that we set May 20, which is approximately 20 a w eek from today or May 27 if you will, to do that. 21 Mr. Berman, do you have any objection to that? 22 MR. BERMAN: Well, I would prefer May 23 27t h because I will be out of town next week on an 24 unr elated case. 25 THE COURT: Okay. Mr. Hodge, is thatFAA vs Renaissance Jet Inc May 13, 2014 VR # 001064-1 Page 8

1 acc eptable? 2 MR. HODGE: May 27th is acceptable. 3 Yes , Your Honor. 4 THE COURT: Okay, and you're welcome to 5 sta rt general discovery at the same time, but you 6 sho uld have started it no later than June 2nd. And 7 the n I have no problem adopting your ten-day period of 8 tim e for the interrogatories. Obviously, the 9 reg ulations require that you can only serve thirty 10 int errogatories upon each other and I won't read the 11 reg ulations. I presume both counsel have read them. 12 I w ill include in the interlocutory order that I send 13 out some instructions about what to do. If you get a 14 dis covery request including an interrogatory that you 15 don 't like or want to seek a limitation on and how to 16 go about filing the request with the Court after you 17 tal k to opposing counsel, I'll also have some language 18 in the order about what to do for problems with any 19 gen eral discovery if any problems arise. With the 20 dea dlines for completing general discovery and 21 sup plemental discovery that you've included, I'm going 22 to do something a little different and I say that with 23 all deference to the work that you've done here. I 24 hav e in the past set these types of dates, but I'm 25 mak ing some changes in my litigation proceduralFAA vs Renaissance Jet Inc May 13, 2014 VR # 001064-1 Page 9

1 schedule in part to be more responsive to party 2 feedback I've received. So what I'm going to suggest 3 is that we pick up with the August 8th deadline and 4 simply list that as the deadline for taking all 5 discovery including any supplemental discovery. I 6 think the parties are well enough organized in this 7 particular case not to need some of these additional 8 deadlines and I want to give you as much flexibility 9 as possible. I will not adopt a July 18th or the July 10 25th deadline, but I certainly am happy to adopt the 11 August 8, 2014 deadline for taking all discovery and 12 that's with the understanding, of course, that you 13 both have a duty to supplement or amend discovery 14 throughout this period pursuant to the regulations. 15 Let's talk next about the deadline for 16 filing dispositive motions. I'm on page two of your 17 proposed discovery schedule. I'm happy to adopt 18 September 12, 2014, September 29, 2014, and October 6, 19 2014 for the deadlines for filing, answering, and 20 replying to dispositive motions. What we need to do 21 then is set up an oral argument time after October 6, 22 2014 for argument on dispositive motions if any are 23 filed. If there's no dispositive motion filed, I will 24 still retain that phone conference on my calendar as 25 will the parties and it will be convertedFAA vs Renaissance Jet Inc May 13, 2014 VR # 001064-1 Page 10

1 automatically to a prehearing status conference so 2 that we have something that open immediately on the 3 calendar to just touch base and find out whether or 4 not the parties are going to trial, how the parties 5 are doing, if there are limitations in terms of the 6 issues in dispute because of admissions or 7 interrogatories or depositions or any of that kind of 8 thing. So let's talk about a time on the calendar and 9 I'm going to make a suggestion right off the bat if 10 this would work for you all. In terms of my calendar 11 availability, I'm looking at the week of October 27, 12 2014. Mr. Berman, starting with you, do you have any 13 blackout times during that week that would prevent you 14 from appearing for a one to one and a half hour 15 telephone conference? 16 MR. BERMAN: Let me just check my 17 calendar here. You said October 27th? 18 THE COURT: The whole week, if there's 19 just any blackout times for you. 20 MR. BERMAN: My schedule is totally 21 open that week. 22 THE COURT: Okay, Mr. Hodge, how about 23 you. 24 MR. HODGE: At this point, my schedule 25 is open as well.FAA vs Renaissance Jet Inc May 13, 2014 VR # 001064-1 Page 11

1 THE COURT: Mr. Hodge, staying with 2 you , is there any preferred date or time during the 3 wee k that would be more successful to schedule 4 som ething at this point? 5 MR. HODGE: I would prefer say late 6 mor ning and certainly I think most days of the week 7 see m to work out for me. I'd prefer not to do it on a 8 Fri day, but I can do that if necessary. 9 THE COURT: Okay, Mr. Berman, same 10 que stion to you. 11 MR. BERMAN: I have no preference. I'm 12 ope n the whole week. 13 THE COURT: Okay. Well, since Tuesdays 14 see m to be successful so far, why don't we try for 15 Tue sday, October 28, 2014, at 10:30 in the morning. 16 MR. HODGE: Okay. Very good. Okay. 17 THE COURT: Then let's talk a little 18 bit about the trial date. What I've been finding just 19 in terms of motion practice that's before me is that I 20 nee d a little time after the oral argument to issue a 21 wri tten decision on the summary judgment motions if 22 suc h occur. Those decisions can alter how the parties 23 try the case at the subsequent hearing if there's one 24 at all, so I'm finding that having the trial come 25 rig ht up after the oral argument doesn't work. ItFAA vs Renaissance Jet Inc May 13, 2014 VR # 001064-1 Page 12

1 becomes very difficult for me and parties to adjust to 2 those changes. For me to issue a ruling in time for 3 the parties to adjust I should say. So I'm looking at 4 the rest of your time period and having October 31, 5 2014 as the due date for exchanging witness lists and 6 exhibits doesn't help you at all because I can 7 guarantee you at this point that I probably wouldn't 8 have the written decision issued before October 31, 9 2014. I want to push back the rest of the dates that 10 I see on page three of your proposed schedule and what 11 I'm going to talk about is just that little bit period 12 of time. I'm thinking that and I've been finding 13 that, having about two months from the date of the 14 oral argument for summary judgment to the date of the 15 hearing is more workable. The reason I say that is 16 because sometimes depending on my own trial schedule 17 it takes about three weeks for me to get out a solidly 18 written, well thought out decision on summary 19 judgment. Once I get that out then the parties can 20 look at that material assuming such a dispositive 21 motion has been filed and that may change quite a bit 22 what their list of witnesses are and what exhibits 23 they're going to be using. It may not. I mean, there 24 are times when I deny summary judgment, there are 25 times when I grant it in full, and there are timesFAA vs Renaissance Jet Inc May 13, 2014 VR # 001064-1 Page 13

1 whe n I grant it in part. But I want to make sure that 2 if the parties are going to go to the trouble of 3 fil ing for summary judgment and it is a lot of work, 4 tha t they get the maximum benefit from that type of 5 wor k. 6 So let's talk a little bit about 7 cha nging these last three dates and I'm going to make 8 som e suggestions to you about that. I know that we're 9 lan ding right at the time when we have Thanksgiving, 10 Han ukah, Christmas, New Year's, you know, all of those 11 dif ferent dates where people want to relax and not 12 thi nk about litigation. So if we look at this period 13 of time from October 28, 2014, the two-month period of 14 tim e is the end of December, which probably won't work 15 com pletely because of Thanksgiving, Hanukah, and 16 Chr istmas, so I'm going to suggest something else to 17 you and see what you think about this. I'm looking at 18 my calendar and what's available and I thought maybe 19 we could schedule this for the week of, I'll double20 che ck, the week of February 2, 2014(sic). If we do 21 tha t, then we can have the list of witnesses and 22 exc hange of exhibits in early December after 23 Tha nksgiving but before Hanukah and Christmas. We can 24 the n have the written stipulations and/or aggrieve 25 mot ions in limine right after New Year and then canFAA vs Renaissance Jet Inc May 13, 2014 VR # 001064-1 Page 14

1 hav e the trial shortly thereafter. Mr. Berman, 2 sta rting with you, what's your thought about that? 3 MR. BERMAN: Sounds fine to me. 4 THE COURT: Okay. Mr. Hodge, how about 5 you ? 6 MR. HODGE: Yes, that's quite 7 acc eptable and I do salute your attempt to keep the 8 per iod date away from holidays. 9 THE COURT: Oh, you're very welcome. 10 Wel l that's, I want to say this. After years of 11 exp erience, Mr. Hodge, I've thrown in the towel. I 12 can 't tell you how many weeks I've spent over the 13 yea rs entertaining motions for continuances and I 14 fin ally realized that was being very foolish to even 15 try to set things during a certain period of time. 16 But you're welcome and due to many, many other people 17 edu cating me about the need for a break. Let's talk 18 abo ut the week of February 2, 2015. Mr. Berman, do 19 you have a preference for travel time since this will 20 be in North Carolina? 21 MR. BERMAN: Yes, I'd prefer that the 22 hea ring not start until Tuesday or Wednesday. The 23 two -day period would be Tuesday and Wednesday or 24 Wed nesday and Thursday. 25 THE COURT: Okay. Mr. Hodge, sameFAA vs Renaissance Jet Inc May 13, 2014 VR # 001064-1 Page 15

1 que stion to you. 2 MR. HODGE: I will be traveling about a 3 hun dred miles or so, so it's really not as critical as 4 Mr. Berman, but I would certainly consent to either 5 Tue sday-Wednesday or Wednesday-Thursday. 6 THE COURT: Okay, well let's err on the 7 sid e of caution and set the trial for Tuesday, 8 Feb ruary 3, 2014(sic) and Wednesday, February 4, 2015, 9 exc use me. I know the parties have not asked for this 10 but I'm going to just err again and I will set 11 Thu rsday, February 5, 2015 a half day, with the travel 12 bac k either on Thursday afternoon or Friday depending 13 on your schedule. The reason I am doing that is I 14 hav e not yet had a trial where the FAA did not take a 15 ful l two days to try a case. Now that's not to say 16 tha t's you, Mr. Berman, because I have yet to have the 17 ple asure of seeing you in person. But I have found 18 tha t the parties have uniformly underestimated the 19 tim e, and so rather than coming back on a different 20 day to finish up the trial, I think it's better to err 21 on the side of caution and add just a little extra 22 tim e. If we don't need it, great. If we do need it, 23 it' s there. 24 Let's talk then about written 25 sti pulations and lists of witnesses, exchange ofFAA vs Renaissance Jet Inc May 13, 2014 VR # 001064-1 Page 16

1 exh ibits. Mr. Berman, what about December for the 2 lis t of witnesses and exchange of exhibits. Do you 3 wan t to do that mid-December and have your written 4 sti pulations filed in early January or do you want to 5 do them all at the same time? How do you want to work 6 thi s? 7 MR. BERMAN: I'd say, I think all at 8 the same time would be fine. 9 THE COURT: Mr. Hodge, how about you? 10 MR. HODGE: That's fine as well. 11 THE COURT: Okay, then Mr. Berman, what 12 dat e prior to the first day of hearing on February 3, 13 201 5 is a comfortable period of time for you to be 14 get ting all that material together and filed with your 15 fri end across the aisle? 16 MR. BERMAN: You mean the exhibits? 17 THE COURT: Yes, and the list of 18 wit nesses and whatever stipulations or limitations 19 you 've creatively found through discovery work on this 20 cas e. 21 MR. BERMAN: Thirty days before? 22 THE COURT: Well that would put us in 23 Jan uary 3, which may be a holiday. Let me double24 che ck. It's a Saturday. Do you want to do it the 25 wee k of January 5th?FAA vs Renaissance Jet Inc May 13, 2014 VR # 001064-1 Page 17

1 MR. BERMAN: Yes. 2 THE COURT: Okay, any preferred day or 3 time? I shouldn't say time. Any preferred day? 4 Would you like January 7th? 5 MR. BERMAN: Yes, that would be fine. 6 Yes. 7 THE COURT: Mr. Hodge, how about you? 8 MR. HODGE: I'm looking at it coming 9 off of the holidays and such, I would suggest maybe 10 the latter part of the week, January 9th. 11 THE COURT: Mr. Berman, is that 12 acceptable? 13 MR. BERMAN: Yes, that would be. 14 THE COURT: Okay, so noted and 15 accepted. I'll take a look and see if there's 16 anything else I need to address here. I don't think 17 so. I'll simply note that the interlocutory order I'm 18 going to issue either this afternoon or tomorrow 19 morning will have all of these dates codified. It 20 will also have some generally basic instructions about 21 how to file motions either regarding discovery or 22 other matters on my calendar. It will have Mr. Smith, 23 the attorney advisor who works on my cases with me, 24 his name and phone number. Mr. Berman has had some 25 experience working with Mr. Smith and Mr. Berman,FAA vs Renaissance Jet Inc May 13, 2014 VR # 001064-1 Page 18

1 ess entially all you need to do or have done as I 2 und erstand it and it's worked successfully, is to just 3 giv e Mr. Smith a call and he can help with matters 4 upo n my calendar. Has that been your experience? 5 MR. BERMAN: Yes, he's been very 6 hel pful. 7 THE COURT: Okay, great. And then I 8 wil l note that there's also some instructions about 9 how to put your exhibits together. In terms of the 10 exh ibits themselves, I can't emphasize enough how 11 imp ortant it is to have an index cover sheet to your 12 exh ibits, which identify your exhibits by their 13 mar king, for example, R-1, R-2, R-3 for the respondent 14 and then a short half sentence identification of what 15 eac h exhibit is. The reason you need to have that 16 cov er sheet is because it is attached to the exhibit 17 by the court reporter when the court reporter files 18 the exhibits with the hearing transcript. If there is 19 no index cover sheet the hearing docket doesn't like 20 it and doesn't want to accept the hearing exhibits. 21 So to avoid those kinds of problems, have an index 22 she et with you and it's also as you probably know, 23 ext remely helpful for the Court in keeping track of 24 wha t exhibits it admitted or not admitted. 25 The last thing that we need to addressFAA vs Renaissance Jet Inc May 13, 2014 VR # 001064-1 Page 19

1 I t hink is the retained or hired expert witnesses. I 2 thi nk you've got that in your materials. I'm going to 3 dou ble check. No. I have started setting a due date 4 for disclosure of a retained or hired expert or an 5 emp loyee expert, so if you have an expert that you're 6 hir ing there should be a disclosure of that prior to 7 the close of discovery. If you have an employee 8 exp ert who basically has duties that regularly involve 9 giv ing expert testimony, that person should be 10 dis closed as well. Given all of the dates that we 11 hav e looked at, I would suggest that we, that July 8, 12 201 4(sic) for the due date for disclosing that, the 13 nam e and resume of that person if you have not done so 14 pri or to that. That would give you approximately one 15 mon th prior to the close of general discovery to 16 exc hange additional information and/or take a last 17 min ute position. Mr. Berman, do you have any problem 18 wit h that? 19 MR. BERMAN: No. No, Judge. 20 THE COURT: Okay, and Mr. Hodge? 21 MR. HODGE: No problem. 22 THE COURT: Okay. That will be 23 inc luded in your order as well. With that, Mr. 24 Ber man, is there anything else that we can talk about 25 tod ay on behalf of your client before we close?FAA vs Renaissance Jet Inc May 13, 2014 VR # 001064-1 Page 20

1 MR. BERMAN: No, Your Honor. 2 THE COURT: Thank you. Mr. Hodge, on 3 beh alf your client any remaining matters? 4 MR. HODGE: Yes, Your Honor, just one 5 bri ef matter. I've discussed this with Mr. Berman. 6 If there's a need to amend the schedule, what's your 7 pro cedure, what would you suggest if we employ or 8 sup pose there's something comes up that we need 9 add itional time? Is it a motion for continuance or a 10 mot ion to alter the scheduling order? 11 THE COURT: I would say simply by 12 mot ion and you can also file an agreed written 13 req uest. If you have dates that go beyond any 14 dea dline dates, be sure and file something because 15 tha t can be very important. If you have some dates 16 tha t are within the discovery schedule, I'm much more 17 lik ely to simply adopt them by written joint request, 18 but I have some information about how to move to amend 19 and I think it's paragraph E in the interlocutory 20 ord er although I'm not looking at it at this time. 21 And again, if you need an oral argument or a 22 con ference on that matter, just call Mr. Smith and he 23 can get you into my calendar pretty quick. 24 MR. HODGE: Great. 25 THE COURT: Okay.FAA vs Renaissance Jet Inc May 13, 2014 VR # 001064-1 Page 21

1 MR. HODGE: Thank you. 2 THE COURT: Okay, thank you. Well then 3 I w ill thank both of you very much for your time and 4 att ention today. Good luck in your discovery 5 exc hange. With that we can go off the record and I 6 wis h you all a good day. Thank you. 7 (WHE REFORE, the Litigation Scheduling Conference 8 was concluded at 11:33 A.M.) 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25FAA vs Renaissance Jet Inc May 13, 2014 VR # 001064-1 Page 22

1 STIPULATION 2 The foregoing matter was taken on the date, and 3 at the time and place set out on the title page 4 her eof. 5 6 It was requested that the matter be taken by the 7 rep orter and that the same be reduced to typewritten 8 for m. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25FAA vs Renaiss ance Jet Inc May 13, 2014 VR # 001064-1 Page 23

1 CE RTIF ICATE OF REPORTER AND SECURE ENCRYPTED 2 SIG NATU RE AND DELIVERY OF CERTIFIED TRANSCRIPT 3 I, KEVI N OLMSTEAD , Notary Public, do hereby 4 cer tify that the forgoing matter was reported by 5 ste nogr aphic and/or mechanical means, that same was 6 red uced to written form, that the transcript prepared 7 by me o r under my direction, is a true and accurate 8 rec ord of same to the best of my knowledge and 9 abi lity ; that there is no relation nor employment by 10 any att orney or counsel employed by the parties 11 her eto, nor financial or otherwise interest in the 12 act ion filed or its outcome. 13 Th is t ranscript and certificate have been 14 dig ital ly signed and securely delivered through our 15 enc rypt ion server. 16 IN WIT NESS HEREOF, I have here into set my hand 17 thi s 16 th day of May, 2014. 18 19 20 21 22 23 /s/ KEVI N OLMSTEAD 24 COU RT R EPORTER / NOTARY 25FAA vs Renaissance Jet Inc May 13, 2014 VR # 001064-1 Page 24

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