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 Renaissance Jet Inc May 13, 2014 VR # 001064-1 Page 2

1 APPEARANCES

2 ON BEHALF OF THE COMPLAINANT,

3 FEDERAL AVIATION ADMINISTRATION:

4 ZACHARY M. BERMAN, ESQUIRE

5 OFFICE OF THE REGIONAL COUNSEL, EASTERN DIVISION

6 1 AVIATION PLAZA

7 JAMAICA, NEW YORK 14434

8 TELEPHONE: 718.553.3258

9 FACSIMILE: 718.995.5699

10 EMAIL: ZACHARY.BERMAN@FAA.GOV

11

12 ON BEHALF OF THE RESPONDENT,

13 RENAISSANCE JET, INC.:

14 JOHN ADAMS HODGE, ESQUIRE

15 JOHN ADAMS HODGE AND ASSOCIATES, LLC.

16 136 STONEMARK LAND, SUITE 110

17 COLUMBIA, SOUTH CAROLINA 29210

18 TELEPHONE: 803.783.9001

19 FACSIMILE: 803.783.9210

20 EMAIL: NOT AVAILABLE

21

22

23

24

25
FAA vs Renaissance Jet Inc May 13, 2014 VR # 001064-1 Page 3

1 TELEPHONIC HEARING

2 (LITIGATION SCHEDULING CONFERENCE)

3 TUESDAY, MAY 13, 2014

4 11:03 A.M.

5 THE COURT: Good morning. This is

6 Judge Sullivan. Do I have Mr. Berman on the line?

7 MR. BERMAN: Yes, Judge. Good morning.

8 This is Zach Berman.

9 THE COURT: Good morning. Is is John

10 Adams Hodge?

11 MR. HODGE: Yes, I'm here Mr. Hodge.

12 THE COURT: Okay, and I should also

13 have a Kevin Olmstead from Veterans Court Reporting.

14 COURT REPORTER: That is correct, yes.

15 THE COURT: Okay. Before we begin, I

16 just want to check in Mr. Berman. Is there anyone

17 else 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 COURT REPORTER: Yes, ma'am.

25 THE COURT: Okay. We're on the record
FAA 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 many
FAA vs Renaissance Jet Inc May 13, 2014 VR # 001064-1 Page 5

1 violations are you alleging? It looked to me as

2 though you were alleging a total of perhaps twelve

3 violations because of the five flights that you talk

4 about, but I wanted to get a confirmation about that.

5 MR. BERMAN: Okay. Just looking

6 through it, well this week I divided the number of

7 violations into maintenance and operations and the,

8 I'm looking at paragraph four where they actually

9 failed to, they deferred the flight management system

10 and they failed to repair it so that's one instance of

11 improper 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 reference 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 violations because again the failure to repair these

18 discrepancies in operating the one flight with these

19 four different discrepancies so five of five, I sent

20 basically ten violations.

21 THE COURT: Okay. That's helpful.

22 Thank you, and then in terms of the regulations you've

23 sited four different regulations. Are two of them

24 regulations attached to the maintenance and two

25 attached 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 subparagraph A and subparagraph D referring to 91405A,

4 Section 135413A refer to maintenance and the middle

5 two regulations refer to operations.

6 THE COURT: I'm looking at page 3 of

7 your 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 reference Chapter Subsection 91. C and D reference

12 Subsection 135, so the 91 sections refer to the

13 maintenance and the 135 sections refer to the

14 operations. Is that what you're telling me?

15 MR. BERMAN: No. The A and D, as in

16 David, refer to the maintenance and B and C refer to,

17 B as 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 parties had agreed to venue in Charlotte, North

22 Carolina 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 shorter 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 schedule and I'll start on page one and as I'm doing

7 this I'm going to be taking some notes and talking

8 about a couple other things. I have no problem

9 adopting June 2, 2014 for your general discovery start

10 date. I do, however, also add in a deadline for

11 initial disclosures that precede the general discovery

12 or it's in compliment to the general discovery and

13 typically, that's the discovery that parties should

14 serve each other with without waiting for a specific

15 discovery response. An example of that are clearly

16 contained in the Civil Rules under Rule 26A(1a), 1, 2,

17 and 3 so typically parties have already exchanged that

18 information, but if you haven't, what I'm going to

19 suggest is that we set May 20, which is approximately

20 a week 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 27th because I will be out of town next week on an

24 unrelated case.

25 THE COURT: Okay. Mr. Hodge, is that
FAA vs Renaissance Jet Inc May 13, 2014 VR # 001064-1 Page 8

1 acceptable?

2 MR. HODGE: May 27th is acceptable.

3 Yes, Your Honor.

4 THE COURT: Okay, and you're welcome to

5 start general discovery at the same time, but you

6 should have started it no later than June 2nd. And

7 then I have no problem adopting your ten-day period of

8 time for the interrogatories. Obviously, the

9 regulations require that you can only serve thirty

10 interrogatories upon each other and I won't read the

11 regulations. I presume both counsel have read them.

12 I will include in the interlocutory order that I send

13 out some instructions about what to do. If you get a

14 discovery 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 talk to opposing counsel, I'll also have some language

18 in the order about what to do for problems with any

19 general discovery if any problems arise. With the

20 deadlines for completing general discovery and

21 supplemental 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 have in the past set these types of dates, but I'm

25 making some changes in my litigation procedural
FAA 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 converted
FAA 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 week that would be more successful to schedule

4 something at this point?

5 MR. HODGE: I would prefer say late

6 morning and certainly I think most days of the week

7 seem to work out for me. I'd prefer not to do it on a

8 Friday, but I can do that if necessary.

9 THE COURT: Okay, Mr. Berman, same

10 question to you.

11 MR. BERMAN: I have no preference. I'm

12 open the whole week.

13 THE COURT: Okay. Well, since Tuesdays

14 seem to be successful so far, why don't we try for

15 Tuesday, 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 need a little time after the oral argument to issue a

21 written decision on the summary judgment motions if

22 such 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 right up after the oral argument doesn't work. It
FAA 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 times
FAA vs Renaissance Jet Inc May 13, 2014 VR # 001064-1 Page 13

1 when 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 filing for summary judgment and it is a lot of work,

4 that they get the maximum benefit from that type of

5 work.

6 So let's talk a little bit about

7 changing these last three dates and I'm going to make

8 some suggestions to you about that. I know that we're

9 landing right at the time when we have Thanksgiving,

10 Hanukah, Christmas, New Year's, you know, all of those

11 different dates where people want to relax and not

12 think about litigation. So if we look at this period

13 of time from October 28, 2014, the two-month period of

14 time is the end of December, which probably won't work

15 completely because of Thanksgiving, Hanukah, and

16 Christmas, 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 check, the week of February 2, 2014(sic). If we do

21 that, then we can have the list of witnesses and

22 exchange of exhibits in early December after

23 Thanksgiving but before Hanukah and Christmas. We can

24 then have the written stipulations and/or aggrieve

25 motions in limine right after New Year and then can
FAA vs Renaissance Jet Inc May 13, 2014 VR # 001064-1 Page 14

1 have the trial shortly thereafter. Mr. Berman,

2 starting 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 acceptable and I do salute your attempt to keep the

8 period date away from holidays.

9 THE COURT: Oh, you're very welcome.

10 Well that's, I want to say this. After years of

11 experience, Mr. Hodge, I've thrown in the towel. I

12 can't tell you how many weeks I've spent over the

13 years entertaining motions for continuances and I

14 finally 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 educating me about the need for a break. Let's talk

18 about 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 hearing not start until Tuesday or Wednesday. The

23 two-day period would be Tuesday and Wednesday or

24 Wednesday and Thursday.

25 THE COURT: Okay. Mr. Hodge, same
FAA vs Renaissance Jet Inc May 13, 2014 VR # 001064-1 Page 15

1 question to you.

2 MR. HODGE: I will be traveling about a

3 hundred miles or so, so it's really not as critical as

4 Mr. Berman, but I would certainly consent to either

5 Tuesday-Wednesday or Wednesday-Thursday.

6 THE COURT: Okay, well let's err on the

7 side of caution and set the trial for Tuesday,

8 February 3, 2014(sic) and Wednesday, February 4, 2015,

9 excuse me. I know the parties have not asked for this

10 but I'm going to just err again and I will set

11 Thursday, February 5, 2015 a half day, with the travel

12 back either on Thursday afternoon or Friday depending

13 on your schedule. The reason I am doing that is I

14 have not yet had a trial where the FAA did not take a

15 full two days to try a case. Now that's not to say

16 that's you, Mr. Berman, because I have yet to have the

17 pleasure of seeing you in person. But I have found

18 that the parties have uniformly underestimated the

19 time, 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 time. If we don't need it, great. If we do need it,

23 it's there.

24 Let's talk then about written

25 stipulations and lists of witnesses, exchange of
FAA vs Renaissance Jet Inc May 13, 2014 VR # 001064-1 Page 16

1 exhibits. Mr. Berman, what about December for the

2 list of witnesses and exchange of exhibits. Do you

3 want to do that mid-December and have your written

4 stipulations filed in early January or do you want to

5 do them all at the same time? How do you want to work

6 this?

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 date prior to the first day of hearing on February 3,

13 2015 is a comfortable period of time for you to be

14 getting all that material together and filed with your

15 friend across the aisle?

16 MR. BERMAN: You mean the exhibits?

17 THE COURT: Yes, and the list of

18 witnesses and whatever stipulations or limitations

19 you've creatively found through discovery work on this

20 case.

21 MR. BERMAN: Thirty days before?

22 THE COURT: Well that would put us in

23 January 3, which may be a holiday. Let me double24 check. It's a Saturday. Do you want to do it the

25 week 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 essentially all you need to do or have done as I

2 understand it and it's worked successfully, is to just

3 give Mr. Smith a call and he can help with matters

4 upon my calendar. Has that been your experience?

5 MR. BERMAN: Yes, he's been very

6 helpful.

7 THE COURT: Okay, great. And then I

8 will note that there's also some instructions about

9 how to put your exhibits together. In terms of the

10 exhibits themselves, I can't emphasize enough how

11 important it is to have an index cover sheet to your

12 exhibits, which identify your exhibits by their

13 marking, for example, R-1, R-2, R-3 for the respondent

14 and then a short half sentence identification of what

15 each exhibit is. The reason you need to have that

16 cover 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 sheet with you and it's also as you probably know,

23 extremely helpful for the Court in keeping track of

24 what exhibits it admitted or not admitted.

25 The last thing that we need to address
FAA vs Renaissance Jet Inc May 13, 2014 VR # 001064-1 Page 19

1 I think is the retained or hired expert witnesses. I

2 think you've got that in your materials. I'm going to

3 double check. No. I have started setting a due date

4 for disclosure of a retained or hired expert or an

5 employee expert, so if you have an expert that you're

6 hiring there should be a disclosure of that prior to

7 the close of discovery. If you have an employee

8 expert who basically has duties that regularly involve

9 giving expert testimony, that person should be

10 disclosed as well. Given all of the dates that we

11 have looked at, I would suggest that we, that July 8,

12 2014(sic) for the due date for disclosing that, the

13 name and resume of that person if you have not done so

14 prior to that. That would give you approximately one

15 month prior to the close of general discovery to

16 exchange additional information and/or take a last

17 minute position. Mr. Berman, do you have any problem

18 with 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 included in your order as well. With that, Mr.

24 Berman, is there anything else that we can talk about

25 today 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 behalf your client any remaining matters?

4 MR. HODGE: Yes, Your Honor, just one

5 brief matter. I've discussed this with Mr. Berman.

6 If there's a need to amend the schedule, what's your

7 procedure, what would you suggest if we employ or

8 suppose there's something comes up that we need

9 additional time? Is it a motion for continuance or a

10 motion to alter the scheduling order?

11 THE COURT: I would say simply by

12 motion and you can also file an agreed written

13 request. If you have dates that go beyond any

14 deadline dates, be sure and file something because

15 that can be very important. If you have some dates

16 that are within the discovery schedule, I'm much more

17 likely 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 order although I'm not looking at it at this time.

21 And again, if you need an oral argument or a

22 conference 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 will thank both of you very much for your time and

4 attention today. Good luck in your discovery

5 exchange. With that we can go off the record and I

6 wish you all a good day. Thank you.

7 (WHEREFORE, the Litigation Scheduling Conference

8 was concluded at 11:33 A.M.)

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FAA 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 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.

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FAA vs Renaissance Jet Inc May 13, 2014 VR # 001064-1 Page 23

1 CERTIFICATE OF REPORTER AND SECURE ENCRYPTED

2 SIGNATURE AND DELIVERY OF CERTIFIED TRANSCRIPT

3 I, KEVIN OLMSTEAD, Notary Public, do hereby

4 certify that the forgoing matter was reported by

5 stenographic and/or mechanical means, that same was

6 reduced to written form, that the transcript prepared

7 by me or under my direction, is a true and accurate

8 record of same to the best of my knowledge and

9 ability; that there is no relation nor employment by

10 any attorney or counsel employed by the parties

11 hereto, nor financial or otherwise interest in the

12 action filed or its outcome.

13 This transcript and certificate have been

14 digitally signed and securely delivered through our

15 encryption server.

16 IN WITNESS HEREOF, I have here into set my hand

17 this 16th day of May, 2014.

18

19

20

21

22

23 /s/KEVIN OLMSTEAD

24 COURT REPORTER / NOTARY

25
FAA vs Renaissance Jet Inc May 13, 2014 VR # 001064-1 Page 24

1

1 7:16

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11:03 3:4

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12 4:11

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13 3:3 4:2

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16 4:12

18th 9:9

2

2 7:9 7:16

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2014 3:3

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2014(sic

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15:8 19:12

2015 14:18

15:8

15:11 16:13

25th 9:10

26A(1a 7:16

26F 4:14

27 7:20 10:11

27th 7:23 8:2

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28 11:15

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29 9:18

2nd 8:6

3

3 6:6 7:17

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31 12:4 12:8

4

4 15:8

5

5 15:11

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6

6 9:18 9:21

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A.M 3:4 21:8

accept 18:20

acceptable

8:1 8:2

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accepted

17:15

across 16:15

actually 5:8

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add 7:10

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additional

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address 17:16

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adjust 12:1

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n 4:5

admissions

10:6

admitted

18:24 18:24

adopt 9:9

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adopting

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advisor 17:23

afternoon

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aggrieve

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agreed 6:21

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already 7:17

alter 11:22

20:10

am 9:10 15:13

amend 9:13

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answer 4:23

answering

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anyone 3:16

anything

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argument 9:21

9:22

11:20 11:25

12:14 20:21

arise 8:19

assuming

12:20

attached 5:24

5:25 18:16
FAA vs Renaissance Jet Inc May 13, 2014 VR # 001064-1 Page 25

attempt 14:7

attention

21:4

attorney

4:6 4:8

17:23

August 9:3

9:11

automatically

10:1

availability

10:11

available

13:18

Aviation 4:5

avoid 18:21

away 14:8

B

base 10:3

basic 17:20

basically

5:20 19:8

bat 10:9

becomes 12:1

begin 3:15

behalf

19:25 20:3

benefit 13:4

Berman 3:6

3:7 3:8

3:16 3:18

4:7 4:10

4:24 5:5

6:1 6:8

6:15 6:23

6:24 7:21

7:22

10:12 10:16

10:20

11:9

11:11

14:1 14:3

14:18 14:21

15:4

15:16

16:1 16:7

16:11 16:16

16:21

17:1 17:5

17:11 17:13

17:24 17:25

18:5

19:17 19:19

19:24

20:1 20:5

better 15:20

beyond 20:13

bit 6:19

11:18 12:11

12:21 13:6

blackout

10:13 10:19

boy 6:17

break 14:17

brief 20:5

briefly 6:19

C

calendar 9:24

10:3 10:8

10:10 10:17

13:18 17:22

18:4 20:23

Carolina 6:22

14:20

case 7:24 9:7

11:23 15:15

16:20

cases 17:23

caution

15:7 15:21

certain 14:15

certainly

9:10 11:6

15:4

change 12:21

changes

8:25 12:2

changing 13:7

Chapter 6:11

Charlotte

6:21

check 3:16

4:25

10:16 13:20

16:24 19:3

Christmas

13:10 13:16

13:23

Civil 7:16

clearly 7:15

client

19:25 20:3

close 19:7

19:15 19:25

codified

17:19

comes 20:8

comfortable

16:13

coming

15:19 17:8

complaint

4:22 4:25

6:7

completely

13:15

completing

8:20

compliment

7:12

concluded

21:8

conference

3:2 4:4

4:13 4:16

9:24 10:1

10:15 20:22

21:7

confirmation

5:4

consent 15:4

contained

7:16

continuance

20:9

continuances

14:13

convened

4:3 4:18

converted

9:25

correct

3:14 6:2

6:23

counsel
FAA vs Renaissance Jet Inc May 13, 2014 VR # 001064-1 Page 26

8:11 8:17

couple 4:21

7:8

course 9:12

court 3:5 3:9

3:12 3:13

3:14 3:15

3:19 3:22

3:22 3:24

3:25 4:11

4:12 4:16

5:21 6:6

6:10 6:18

6:25 7:4

7:25 8:4

8:16

10:18 10:22

11:1 11:9

11:13 11:17

14:4 14:9

14:25

15:6 16:9

16:11 16:17

16:22

17:2 17:7

17:11 17:14

18:7

18:17 18:17

18:23 19:20

19:22

20:2

20:11 20:25

21:2

cover 18:11

18:16 18:19

creatively

16:19

critical 15:3

D

date 7:10

11:2

11:18

12:5

12:13 12:14

14:8

16:12

19:3 19:12

dates 4:22

8:24 12:9

13:7

13:11 17:19

19:10 20:13

20:14 20:15

David 6:16

day 15:11

15:20 16:12

17:2 17:3

21:6

days 6:23 7:2

7:3 11:6

15:15 16:21

deadline 7:10

9:3 9:4

9:10 9:11

9:15 20:14

deadlines

8:20 9:8

9:19

December

13:14 13:22

16:1

decision

11:21

12:8 12:18

decisions

11:22

deference

8:23

deferred 5:9

deny 12:24

depending

12:16 15:12

depositions

10:7

different

5:19 5:23

8:22

13:11 15:19

differently

5:25

difficult

12:1

directing

4:13

disclosed

19:10

disclosing

19:12

disclosure

19:4 19:6

disclosures

7:11

discovery 7:9

7:11 7:12

7:13 7:15

8:5 8:14

8:19 8:20

8:21 9:5

9:5 9:11

9:13 9:17

16:19 17:21

19:7

19:15 20:16

21:4

discrepancies

5:15 5:18

5:19

discussed

20:5

dispositive

9:16 9:20

9:22 9:23

12:20

dispute 10:6

divided 5:6

docket 4:1

18:19

done 4:18

5:25 7:1

8:23 18:1

19:13

double

13:19 16:23

19:3

due 12:5

14:16

19:3 19:12

during

10:13

11:2 14:15

duties 19:8

duty 9:13

E

early 13:22

16:4

easy 4:17

educating

14:17

either 15:4

15:12 17:18
FAA vs Renaissance Jet Inc May 13, 2014 VR # 001064-1 Page 27

17:21

else 3:17

13:16 17:16

19:24

emphasize

18:10

employ 20:7

employee 19:5

19:7

entertaining

14:13

err 15:6

15:10 15:20

essentially

18:1

everyone 4:9

example

7:15 18:13

exchange

13:22 15:25

16:2

19:16 21:5

exchanged

7:17

exchanging

12:5

excuse 15:9

exhibit 18:15

18:16

exhibits 12:6

12:22 13:22

16:1 16:2

16:16

18:9

18:10 18:12

18:12 18:18

18:20 18:24

experience

14:11 17:25

18:4

expert 19:1

19:4 19:5

19:5 19:8

19:9

extra 15:21

extremely

18:23

F

FAA 4:6 15:14

FAA-2013-1078

4:2

failed 5:9

5:10

failure 5:17

fairly 4:17

February

13:20 14:18

15:8 15:8

15:11 16:12

Federal 4:4

feedback 9:2

file 17:21

20:12 20:14

filed 4:12

9:23 9:23

12:21

16:4 16:14

files 18:17

filing 8:16

9:16 9:19

13:3

finally 14:14

finding 11:18

11:24 12:12

fine 14:3

16:8

16:10 17:5

finish 15:20

firm 4:22

first 6:2

16:12

five 5:3 5:13

5:16 5:19

5:19

flexibility

9:8

flight 5:9

5:13 5:15

5:18

flights 5:3

5:11

foolish 14:14

four-page 6:7

Friday 11:8

15:12

friend 16:15

full 6:23

12:25 15:15

G

general 7:9

7:11 7:12

8:5 8:19

8:20 19:15

generally

17:20

getting 16:14

Given 19:10

giving 19:9

grant 12:25

13:1

great 15:22

18:7 20:24

guarantee

12:7

H

half 10:14

15:11 18:14

Hanukah 13:10

13:15 13:23

happy 9:10

9:17

haven't 7:18

having

11:24

12:4 12:13

hearing 3:1

6:20 6:22

11:23 12:15

14:22 16:12

18:18 18:19

18:20

heavy 4:18

help 12:6

18:3

helpful

5:21 18:6

18:23

hereinafter

4:5

he's 18:5

hired 19:1

19:4
FAA vs Renaissance Jet Inc May 13, 2014 VR # 001064-1 Page 28

hiring 19:6

Hodge 3:10

3:11 3:11

3:19 3:21

4:9 6:25

7:1 7:25

8:2 10:22

10:24

11:1 11:5

11:16

14:4 14:6

14:11 14:25

15:2 16:9

16:10

17:7 17:8

19:20 19:21

20:2 20:4

20:24 21:1

holiday 16:23

holidays 14:8

17:9

Honor 8:3

20:1 20:4

hour 10:14

hundred 15:3

I

I'd 5:16 11:7

14:21 16:7

identificatio

n 18:14

identify

18:12

I'll 4:5 4:11

7:6 8:17

13:19 17:15

17:17

I'm 3:11 4:19

4:19 4:20

5:8 6:6 6:8

7:4 7:6 7:7

7:18 8:21

8:24 9:2

9:16 9:17

10:9

10:11 11:11

11:24

12:3

12:11 12:12

13:7

13:16 13:17

15:10

17:8

17:17

19:2

20:16 20:20

immediately

10:2

important

18:11 20:15

improper 5:11

Inc 4:1 4:8

include 8:12

included 8:21

19:23

including

8:14 9:5

index 18:11

18:19 18:21

information

7:18

19:16 20:18

initial 7:11

instance 5:10

instructions

8:13

17:20 18:8

interlocutory

8:12

17:17 20:19

interrogatori

es 8:8 8:10

10:7

interrogatory

8:14

involve 19:8

issue 11:20

12:2 17:18

issued 12:8

issues 10:6

I've 9:2

11:18 12:12

14:11 14:12

20:5

J

January

16:4

16:23 16:25

17:4 17:10

Jet 4:1 4:8

John 3:9 4:9

joint 4:15

4:20 7:5

20:17

Judge 3:6 3:7

3:18 19:19

judgment

11:21 12:14

12:19 12:24

13:3

July 9:9

9:9 19:11

June 7:9 8:6

K

Kevin 3:13

kinds 18:21

L

landing 13:9

language 8:17

last 13:7

18:25 19:16

late 11:5

later 8:6

latter 17:10

let's 4:24

6:1 6:1

6:19 9:15

10:8

11:17

13:6

14:17

15:6 15:24

lifting 4:18

likely 20:17

limine 13:25

limitation

8:15

limitations

10:5 16:18

line 3:6 3:17

list 9:4

12:22 13:21

16:2 16:17

lists 12:5

15:25

litigation
FAA vs Renaissance Jet Inc May 13, 2014 VR # 001064-1 Page 29

3:2 4:4

4:13 8:25

13:12 21:7

little 6:19

8:22

11:17 11:20

12:11

13:6 15:21

lot 13:3

luck 21:4

M

ma'am 3:24

maintenance

5:7 5:11

5:24 6:4

6:13 6:16

management

5:9

March 4:11

marking 18:13

material

12:20 16:14

materials

19:2

matter 4:1

20:5 20:22

matters 17:22

18:3 20:3

maximum 13:4

may 3:3 4:2

4:14 7:19

7:20 7:22

8:2 12:21

12:23 16:23

maybe 13:18

17:9

mean 12:23

16:16

midDecember

16:3

middle 6:4

miles 15:3

minute 19:17

month 19:15

months 12:13

morning 3:5

3:7 3:9 4:9

4:10 11:6

11:15 17:19

motion 9:23

11:19 12:21

20:9

20:10 20:12

motions

9:16 9:20

9:22

11:21 13:25

14:13 17:21

move 20:18

N

necessary

11:8

nine 5:14

North 6:21

14:20

note 4:11

17:17 18:8

noted 17:14

notes 7:7

O

objection

7:21

observer 3:17

Obviously 8:8

occur 11:22

October

9:18 9:21

10:11 10:17

11:15

12:4 12:8

13:13

Oh 14:9

Okay 3:12

3:15 3:22

3:25 5:5

5:21 6:10

6:18 6:25

7:4 7:25

8:4 10:22

11:9

11:13 11:16

11:16

14:4

14:25

15:6

16:11

17:2

17:14

18:7

19:20 19:22

20:25 21:2

Olmstead 3:13

ones 6:1

open 10:2

10:21 10:25

11:12

operated 5:14

operating

5:18

operations

5:7 5:25

6:5 6:14

6:17

opposing 8:17

oral 9:21

11:20 11:25

12:14 20:21

order 4:12

4:16 8:12

8:18

17:17 19:23

20:10 20:20

organized 9:6

P

page 6:6

7:6 9:16

12:10

paragraph 5:8

5:14 20:19

particular

9:7

parties 4:3

4:15 4:17

4:23 6:21

7:13 7:17

9:6 9:25

10:4 10:4

11:22

12:1 12:3

12:19

13:2 15:9

15:18

party 9:1
FAA vs Renaissance Jet Inc May 13, 2014 VR # 001064-1 Page 30

past 8:24

people

13:11 14:16

perhaps 5:2

period 8:7

9:14 12:4

12:11 13:12

13:13

14:8

14:15 14:23

16:13

person

15:17

19:9 19:13

phone 9:24

17:24

pick 9:3

planning 4:14

pleasure

15:17

point 10:24

11:4 12:7

position

19:17

possible 9:9

practice

11:19

precede 7:11

prefer 7:22

11:5 11:7

14:21

preference

11:11 14:19

preferred

11:2 17:2

17:3

prehearing

10:1

presume 8:11

pretty 20:23

prevent 10:13

prior 16:12

19:6

19:14 19:15

probably

7:2 12:7

13:14 18:22

problem 7:8

8:7 19:17

19:21

problems 8:18

8:19 18:21

procedural

4:15 4:20

7:5 8:25

procedure

20:7

proposed 4:15

4:20 9:17

12:10

pursuant 4:16

9:14

push 12:9

Q

question

11:10 15:1

questions

4:21 4:23

quick 20:23

quite 12:21

14:6

R

R-1 18:13

R-2 18:13

R-3 18:13

rather 15:19

ready 3:23

realized

14:14

really 15:3

reason

12:15 15:13

18:15

received 9:2

record 3:25

4:6 4:8

21:5

refer 4:5 6:4

6:5 6:12

6:13 6:16

6:16 6:17

reference

5:14 6:11

6:11

referring 6:3

regarding

17:21

regularly

19:8

regulations

5:22 5:23

5:24 6:5

8:9 8:11

9:14

relax 13:11

remaining

20:3

Renaissance

4:1 4:7

repair 5:10

5:17

replying 9:20

reporter 3:14

3:22 3:24

18:17 18:17

Reporting

3:13

represented

4:6 4:8

request

8:14 8:16

20:13 20:17

require 8:9

reserve 7:3

respondent

4:7 18:13

response 7:15

responsive

9:1

rest 12:4

12:9

resume 19:13

retain 9:24

retained 19:1

19:4

Rule 4:12

4:13 7:16

Rules 7:16

ruling 12:2

run 7:5
FAA vs Renaissance Jet Inc May 13, 2014 VR # 001064-1 Page 31

S

safe 7:2

salute 14:7

Saturday

16:24

schedule 4:15

4:20 7:6

9:1 9:17

10:20 10:24

11:3

12:10 12:16

13:19 15:13

20:6 20:16

scheduling

3:2 4:4

4:13

20:10 21:7

Section 6:4

sections 6:12

6:13

seeing 15:17

seek 8:15

seem 11:7

11:14

send 8:12

sent 5:19

sentence

18:14

separate 5:12

September

9:18 9:18

serve 7:14

8:9

setting

4:12 19:3

sheet 18:11

18:16 18:19

18:22

short 18:14

shorter 7:2

shortly 14:1

simply 9:4

17:17 20:11

20:17

sited 5:23

Smith 17:22

17:25

18:3 20:22

solidly 12:17

Sounds 14:3

specific 7:14

spent 14:12

start 4:24

7:6 7:9 8:5

14:22

started 8:6

19:3

starting

10:12 14:2

status 10:1

staying 11:1

stipulations

13:24 15:25

16:4 16:18

submission

4:14

submitted

4:15

subparagraph

6:3 6:3

Subsection

6:11 6:12

subsequent

11:23

successful

11:3 11:14

successfully

18:2

suggest

7:19 9:2

13:16

17:9

19:11 20:7

suggestion

10:9

suggestions

13:8

Sullivan 3:6

summary 11:21

12:14 12:18

12:24 13:3

supplement

9:13

supplemental

8:21 9:5

suppose 20:8

sure 13:1

20:14

system 5:9

T

taking 7:7

9:4 9:11

talk 5:3 6:19

8:17 9:15

10:8

11:17 12:11

13:6

14:17 15:24

19:24

talking 7:7

telephone 4:3

10:15

TELEPHONIC

3:1

ten 5:20

ten-day 8:7

terms 4:24

5:22 10:5

10:10 11:19

18:9

testimony

19:9

thank 5:22

6:18 7:4

20:2 21:1

21:2 21:3

21:6

Thanksgiving

13:9

13:15 13:23

themselves

18:10

thereafter

14:1

there's

9:23

10:18 11:23

17:15

18:8 20:6

20:8

they're 12:23

thirty 8:9

16:21
FAA vs Renaissance Jet Inc May 13, 2014 VR # 001064-1 Page 32

throughout

9:14

thrown 14:11

Thursday

14:24 15:11

15:12

today 4:2

4:16 4:19

7:20

19:25 21:4

tomorrow

17:18

total 5:2

6:22

totally 10:20

touch 10:3

towel 14:11

town 7:23

track 18:23

transcript

18:18

travel

14:19 15:11

traveling

15:2

trial 10:4

11:18 11:24

12:16

14:1 15:7

15:14 15:20

trouble 13:2

try 11:14

11:23 14:15

15:15

Tuesday 3:3

4:2 11:15

14:22 14:23

15:7

Tuesdays

11:13

TuesdayWednesday

15:5

twelve 5:2

two-day 14:23

two-month

13:13

type 13:4

types 8:24

typically

7:13 7:17

U

underestimate

d 15:18

understand

18:2

understanding

9:12

uniformly

15:18

unrelated

7:24

upon 8:10

18:4

V

venue 6:20

6:21

Veterans 3:13

violation

5:12

violations

5:1 5:3 5:7

5:12 5:13

5:17 5:20

W

waiting 7:14

Wednesday

14:22 14:23

14:24 15:8

WednesdayThursday

15:5

week 5:6 7:20

7:23

10:11 10:13

10:18 10:21

11:3 11:6

11:12 13:19

13:20 14:18

16:25 17:10

weeks 12:17

14:12

welcome 8:4

14:9 14:16

We'll 4:22

we're 3:25

13:8

whatever

16:18

WHEREFORE

21:7

whether 10:3

whole 10:18

11:12

wish 21:6

witness 12:5

witnesses

12:22 13:21

15:25

16:2

16:18 19:1

work 8:23

10:10

11:7

11:25

13:3 13:5

13:14

16:5 16:19

workable

12:15

worked 18:2

working 17:25

works 17:23

written 11:21

12:8

12:18 13:24

15:24

16:3

20:12 20:17

Y

Year's 13:10

yet 15:14

15:16

you've 5:22

8:21 8:23

16:19 19:2

Z

Zach 3:8

Zachary 4:7