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ORIGINAL 

In the Matter of 

AIRBORNE MAINTENANCE AND 

ENGINEERING SERVICES 

FDMS No. 

FAA 2013-029 

8 The Telephonic scheduling conference before 

9 HONORABLE J.E. SULLIVAN, was taken on Thursday, 

10 November 7, 2013, commencing at 11:00 a.m., at the 

11 offices of For The Record, 10760 Demarr Road, White 

12 Plains, Maryland, before Monica Voorhees, Notary 

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Airborne Maintenance and Engineering Services 

1 A P P E A R A N C E S 

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3 ON BEHALF OF THE COMPLAINANT: 

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11/7/2013 

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CHRISTOPHER R. STEVENSON, ESQ. (Via Telephone) 

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Office of Regional Counsel 

Southern Region 

Federal Aviation Administration 

P.O. Box 20636 

Atlanta, Georgia 30320 

(404) 305-5200 

13 ON BEHALF OF THE RESPONDENT: 

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ROBERT P. SILVERBERG, ESQ. (Via Telephone) 

JEFF JOHNSON, ESQ. (Via Telephone) 

Silverberg, Goldman & Bikoff, LLP 

Georgetown Place 

Suite 120 

1101 30th Street, N.W. 

Washington, D.C. 20007 

(202) 944-3300 

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A P P E A R A N C E S 

HONORABLE J.E. SULLIVAN (Via Telephone) 

U.S. Administrative Law Judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

1200 New Jersey Avenue, S.E. 

(Ell-310) 

Washington, D.C. 20590 

(202) 366-2132 

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11/7/2013 
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P R 0 C E E D I N G S 

HONORABLE SULLIVAN: We're on the record in 

4 the matter of Airborne Maintenance and Engineering 

5 Services. This is docket number FAA-2013-0291. 

6 Today is Thursday, November 7, 2013, and the 

7 parties have convened for a second litigation 

8 scheduling conference. 

9 Present on behalf of the FAA is 

10 Mr. Christopher R. Stevenson, the attorney of record. 

11 Present on behalf of the Respondent is 

12 Mr. Robert P. Silverberg, the attorney of record, and 

13 his associate, Jeff, Mr. Jeff Johnson. 

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15 

16 

Just good morning to you all. 

MR. STEVENSON: Good morning, Your Honor. 

HONORABLE SULLIVAN: As you may recall, we 

17 had a conference on September 24, 2013. At that time 

18 it was agreed by the parties to continue the matter to 

19 today's date and time and on September 24, 2013, an 

20 Order granting continuance and other relief was filed. 

21 Since then, on November 4, 2013, the parties 

22 have filed a joint supplemental Rule 26(f) 

23 scheduling/discovery plan. I've had a chance to 

24 review that plan and I suspect that this conference 

25 today will be fairly short. 

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1 However, before we jump in to business, I 

2 would say congratulations are in order, if I recall, 

3 Mr. Stevenson; are you not a newly-proud parent? 

4 MR. STEVENSON: That is correct, Your Honor. 

5 Thank you very much. My daughter Sophia was born on 

6 September 22nd. 

7 HONORABLE SULLIVAN: Well congratulations 

8 and I hope you're getting enough sleep at night. 

9 MR. STEVENSON: I'll accept your 

10 congratulations, but you may be disappointed on the 

11 amount of sleep I'm getting. 

12 HONORABLE SULLIVAN: Well sometimes that 

13 will happen, I'm sure. 

14 Let's talk then about the proposed schedule 

15 and I'm going to take a minute to pull up the material 

16 I prepared for today. Okay. 

17 It looks like you have agreed to have all 

18 initial disclosures exchanged on or before January 14, 

19 2014, and I have no problems with adopting that. 

20 There's also a proposed January 28th, 2014, 

21 start date for general discovery. I did have a quick 

22 question about that. Is there any reason that you 

23 wouldn't want it to start a little sooner since you 

24 have an extended period for initial disclosure? Is 

25 there some reason why you wouldn't want to start the 

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1 general discovery a week earlier, on January 21, 2014? 

2 

3 

And I'll start with you, Mr. Stevenson. 

MR. STEVENSON: I think I, I believe that 

4 this was based on some of the ones I had originally 

5 submitted and the reason I had it is 

6 HONORABLE SULLIVAN: Mr. Stevenson, I'm not 

7 hearing anything. Do we still have you on the line? 

8 Yeah, we're not hearing much from you, 

9 Mr. Stevenson. Are you on a speaker phone by any 

10 chance? Could you switch to a handset. 

11 MR. STEVENSON: I was on a speaker phone. 

12 Is this any better? There's a lot of static in my 

13 line. 

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15 

HONORABLE SULLIVAN: Yes, much, much better. 

MR. STEVENSON: Okay, I apologize. I'll 

16 start over again. 

17 The two-week period was based on my original 

18 schedule that I had submitted which is based on some 

19 schedules that we've done in other cases and the 

20 reason it was set at two weeks is because that second 

21 deadline is phrased as -- sorry, the second date is 

22 phrased as a deadline for getting out the initial 

23 discovery requests and that gives each side the chance 

24 to review the initial disclosures that the other side 

25 has given them before writing those discovery 

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1 requests. 

2 So that, I'm not married to that two-week 

3 period, but that was the reason for it. 

4 HONORABLE SULLIVAN: Okay. I just, I just 

5 had, I just was curious because there's a long period 

6 between now and the initial disclosures which would 

7 allow the parties presumptively some time to review 

8 the initial disclosures. 

9 So let me turn to you, Mr. Silverberg, is 

10 there any particular reason that you would need to 

11 have that additional second week in January? 

12 MR. SILVERBERG: Your Honor. Can you hear 

13 me all right? 

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HONORABLE SULLIVAN: Yes, thank you. 

MR. SILVERBERG: Well I would concur with 

16 FAA counsel to the degree that experience tells us 

17 that a proper response to initial disclosures will 

18 often provide insight into the manner in which written 

19 discovery can then be framed and having essentially a 

20 two-week interval for that purpose is, is to me 

21 reasonable and considering the balance of the schedule 

22 does not appear in my judgment any way to unduly delay 

23 this litigation. 

24 HONORF,BLE SULLIVAN: No, and I'm not 

25 suggesting that it does. I'm just noting that 

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1 typically initial disclosures are, are usually done 

2 much sooner and it seems that there's a long period of 

3 time between now and the due date for providing 

4 MR. SILVERBERG: Well if I can answer that, 

5 Your Honor. 

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HONORABLE SULLIVAN: Yes. 

MR. SILVERBERG: Do recall, if you would, 

8 that I'm involved in this litigation which is now 

9 scheduled for trial and was when we spoke last 

10 December 17th, so the, the concept of pushing off the 

11 kick-off of the case for early January was to 

12 accommodate the fact that it is a possibility that 

13 we'll be in trial essentially right up through the 

14 holiday period and I'm anticipating that trial will 

15 end or will get some resolution through summary 

16 judgment motions, which are being filed. And so I 

17 really won't have a chance to turn to this case in a 

18 major way until the end of that Federal District Court 

19 litigation. 

20 HONORABLE SULLIVAN: Okay. That's helpful, 

21 because I do recall that conversation on September 24, 

22 2013, but at that point you were looking at 

23 potentially having summary judgment resolution and it 

24 sounds like that's still pending? 

25 MR. SILVERBERG: Well we're on the, we're on 

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1 the cusp of filing the third round replies to the 

2 opposition, that will be this coming Monday, actually, 

3 the Federal holiday. 

4 HONORABLE SULLIVAN: Oh. 

5 MR. SILVERBERG: So we're not anticipating 

6 knowing for sure how the judge might rule on those 

7 cross motions, so it will be sometime later in 

8 November. 

9 HONORABLE SULLIVAN: Okay. All right. Then 

10 I'm happy to adopt the January 28, 2014, proposal for 

11 the general discovery start date. 

12 My next question is you have a period of 

13 time between March 11, 2014, and April 29, 2014, to 

14 take depositions and I don't have a problem with that 

15 either. 

16 My question is do you want me to schedule 

17 any kind of deadline for initial expert disclosures 

18 and expert rebuttal disclosures between the dates of 

19 January 28, 2014, and, say, March 11, 2014, or are you 

20 comfortable just figuring that out informally between 

21 yourself? 

22 Starting with you, Mr. Stevenson. 

23 MR. STEVENSON: At first blush, I suppose it 

24 would be helpful to have it set as a deadline for 

25 when, probably around the same time as when the 

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1 deposition period opens because that would, could then 

2 help us either avoid depositions or know who we need 

3 to depose better. 

4 HONORABLE SULLIVAN: Well ideally you would 

5 have it prior to your deposition period because you 

6 want to schedule your depositions before March 11, 

7 2014, I would say. March 11 through, or March 11, 

8 2014, through April 29, 2014, as I understand it, is 

9 the period of time when you're actually taking the 

10 depositions, or am I misreading your proposal? 

11 MR. STEVENSON: No, that's correct, Your 

12 Honor. 

13 HONORABLE SULLIVAN: Okay. So let me turn 

14 to you, Mr. Silverberg, do you concur with 

15 Mr. Stevenson that you would like to have some kind of 

16 deadline for initial expert disclosures and expert 

17 rebuttal disclosures prior to March 11, 2014? 

18 MR. SILVERBERG: Well my experience is that 

19 the expert disclosures are most useful when they come 

20 after the period that depositions are taken because 

21 the expert may well want to review deposition 

22 transcripts of the fact witnesses in order to base 

23 their opinions, and so I don't want to get the cart 

24 before the horse. 

25 I don't mind having expert disclosure, 

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1 initial disclosure deadlines, but I think we would all 

2 benefit by having the deposition period fairly well 

3 along before we would expect to hear and see expert 

4 disclosures and rebuttals. 

5 HONORABLE SULLIVAN: How would you take your 

6 expert deposition if you don't have that information 

7 before the deadline for the deposition to have been 

8 taken? 

9 MR. SILVERBERG: Well I would, I guess what 

10 I'm trying to say is that if there is a deadline, that 

11 it shouldn't, it should accommodate the fact that, you 

12 know, fact witness depositions will have already been 

13 taken and the expert would then have the benefit of 

14 that record based on which to base opinions, in 

15 addition to the written documents that will be 

16 exchanged. 

17 And so observing the deadline for general 

18 discovery, I would propose to, if Your Honor feels it 

19 necessary, and I don't have a problem with it one way 

20 or the other, and would be to set a deadline for 

21 initial expert disclosures sometime prior to the close 

22 of general discovery but not, not so soon after 

23 discovery opens that it, it precludes reliance on the 

24 deposition transcripts. 

25 HONORABLE SULLIVAN: Well what would you 

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1 suggest based on your proposed discovery plan? 

2 

3 

MR. SILVERBERG: Well let me see if I have a 

2014 calendar here. I think I do. 

4 So looking at April 29th as -- perhaps 

5 April 16th we would, either party would provide their 

6 initial expert disclosure, that would give a week and 

7 a half or so, two weeks to notice up the deposition 

8 for the expert. 

9 HONORABLE SULLIVAN: Mr. Stevenson, what's 

10 your thought about that? 

11 MR. STEVENSON: Well the problem with that 

12 particular deadline is that at least at the moment I 

13 have the Liberty Foundation hearing scheduled in front 

14 of Your Honor almost the entire week of the 21st, 

15 which meant that if the deadline for the expert 

16 disclosures was the 16th, as a practical matter for me 

17 I would be unlikely to actually be able to defend or 

18 take a deposition before the close of general 

19 discovery. 

20 HONORABLE SULLIVAN: Well what would you 

21 propose in the alternative? Mr. Stevenson? 

22 MR. STEVENSON: Well looking at the 

23 discovery plan and the calendar, we have the opening 

24 of the deposition period on the 11th and I would think 

25 that we should at least be able to get the, I mean if 

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1 we want to segment the depositions up into two 

2 sections, and I don't think that the first section 

3 should be longer than three or four weeks, so I would 

4 suggest putting the, that deadline for the expert 

5 disclosures no later than the 9th of April, possibly 

6 earlier. 

7 I mean it, which we should be able to 

8 conduct the depositions during the week of the 14th, 

9 but of course I don't know what the schedule of a 

10 potential expert identified by the complainant would 

11 be, but as long as they were available in that next 

12 week, I would be able to do it. 

13 HONORABLE SULLIVAN: Thank you. 

14 Mr. Silverberg, would April 2nd, April 4th 

15 work for you as a compromise for initial expert 

16 disclosures within the deposition period? 

17 MR. SILVERBERG: The uncertainty that I have 

18 in my mind, Your Honor, is the potential for getting 

19 the fact witness depositions done in time to allow the 

20 expert to have the benefit of the deposition 

21 transcripts. And that, you know, in effect, that 

22 takes the deposition period and almost closes it all 

23 but for expert disclosures prior to the, what did you 

24 say, April 4th, Your Honor? 

25 HONORABLE SULLIVAN: Why don't we do this, 

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1 different people do it differently, so I've had, I 

2 have lots of different ways that different litigants 

3 like to do this, but it sounds to me that you both 

4 would like to have expert disclosures at the 

5 conclusion of your fact witness deposition period and 

6 so it might work better, let's see, and I'm looking at 

7 my April calendar for trial, it may work out better on 

8 a practical basis to run your, your deposition period 

9 from March 11 to April 18, 2014, to take fact witness 

10 depositions, to have your initial expert disclosures, 

11 let's see, I'm looking at my calendar as I'm talking, 

12 give me a minute, folks, as I look through my 

13 calendar. 

14 Let's see. And I'm doing some cutting and 

15 pasting, so. Okay. Okay. I'm trying to consider the 

16 Memorial Day holiday as I do this. 

17 How about this, how about if you take your, 

18 your fact witness depositions between March 11, 2014, 

19 and April 18, 2014, and your initial expert 

20 disclosures on or before May 2nd, 20 -- sorry, yes, 

21 May 2nd, 2014, have your expert disclosures on or 

22 before May 28th, 2013, and then have June 6th, 2014 

23 May 28, 2014, excuse me. June 6, 2014, as your last 

24 deadline for completing general discovery and then 

25 have your June 24, 2014, deadlines for filing 

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1 dispositive motions remains the same. 

2 Would that work or do we still need to tweak 

3 a little bit? 

4 MR. SILVERBERG: Your Honor, could you, the 

5 initial expert disclosures would be May 2nd, correct? 

6 HONORABLE SULLIVAN: I'm looking at May 2nd, 

7 but that's just a toss-out date. 

8 If you see something that would make it 

9 better to have, say, April 25th, that makes sense to 

10 me, too, so what, what's your thought about that? 

11 MR. SILVERBERG: Well I'm looking at the 

12 calendar, then you had, you threw out a May 13th date? 

13 HONORABLE SULLIVAN: Yeah, I'm looking at 

14 May, I was originally saying. I'll just repeat all of 

15 this. 

16 Let's assume that you have a March 11, 2014, 

17 through April 18, 2014, period of time for taking your 

18 fact witness depositions. 

19 You then disclose experts on or before 

20 May 2nd, 2014, or even April 25th, 2014. And then 

21 within about two weeks after that disclosure, your 

22 expert rebuttal disclosures, so you could have experts 

23 disclosed by May 9, 2014, if you adopt an April 25, 

24 2014, initial expert disclosure deadline, and then 

25 have May 30, 2014, or up to June 6, 2014, for 

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1 completing all general discovery, which would allow 

2 you a little bit of a window to take expert 

3 depositions if needed. 

4 That would put you still back on track for 

5 your June 24, 2014, dispositive motion deadline. 

6 So, Mr. Stevenson, starting with you, let me 

7 ask you what your preference is or if that works or if 

8 it doesn't work, what you would recommend. 

9 MR. STEVENSON: The original set of dates 

10 does work for me. I would be concerned if we switched 

11 to the earlier set of dates that used April 25th as 

12 the expert disclosure. 

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14 

HONORABLE SULLIVAN: Okay. 

MR. STEVENSON: I think closing, if we close 

15 normal, if we actually use that whole deposition 

16 period that ends on the 18th, that would make it 

17 difficult to get transcripts for the experts to review 

18 in time and that's the week that I currently have that 

19 Liberty Foundation hearing scheduled, so I would have 

20 a difficult time coordinating that and getting those 

21 to an expert during that week. 

22 HONORABLE SULLIVAN: Okay. So you're 

23 talking about having the March 11, 2014, through 

24 April 18, 2014, period for fact witness depositions 

25 and then May 2nd, 2014, for initial expert 

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1 disclosures, with a May 28th, 2014, deadline for 

2 expert rebuttal disclosures and then a June 6, 2014, 

3 deadline for completing discovery? 

4 MR. STEVENSON: Well I may have misheard a 

5 date in there. I think you just said May 28th as a 

6 deadline for expert rebuttals and I, which would 

7 give -- and the second deadline for the initial 

8 experts, that seems like a lengthy period of time for 

9 expert rebuttal and not a lot of time for possible 

10 depositions, so I don't know if maybe that, I was 

11 thinking that May 28th was, I thought you had said 

12 something like the 16th earlier, so I was thinking 

13 something like May 16th. 

14 

15 

HONORABLE SULLIVAN: Okay. 

MR. STEVENSON: Not that I need that 

16 particular date, but the 28th seems late. 

17 HONORABLE SULLIVAN: Okay. That makes sense 

18 to me. 

19 Mr. Silverberg, what's your response to 

20 that? 

21 MR. SILVERBERG: I think we could, we can 

22 work with that schedule, Your Honor. I thought you 

23 initially threw out May 13th for the expert rebuttal, 

24 but the 16th is a Friday, that works as well, and then 

25 we have from May 16th to June 6th to take any expert 

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1 depositions that might be necessary. 

2 

3 

HONORABLE SULLIVAN: Okay. 

MR. SILVERBERG: So I think that's a very 

4 workable schedule for us. 

5 HONORABLE SULLIVAN: Okay. So just to 

6 repeat, May 2nd, 2014, the deadline for initial expert 

7 disclosures. May 16th, 2014, deadline for expert 

8 rebuttal disclosures. And then June 6, 2014, the 

9 deadline for completing general discovery. 

10 Does that work, Mr. Stevenson? 

11 

12 

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MR. STEVENSON: Yes, Your Honor. 

HONORABLE SULLIVAN: And, Mr. Silverberg? 

MR. SILVERBERG: I'm sorry, you said May 2 

14 for initial disclosures? 

15 

16 

17 Honor. 

18 

HONORABLE SULLIVAN: Correct. 

MR. SILVERBERG: Okay. Yes, yes, Your 

HONORABLE SULLIVAN: Okay. Then let's pick 

19 back up with your Rule 26(f) schedule/discovery plan. 

20 I'm happy to adopt the June 24, 2014, 

21 deadline for filing dispositive motions. 

22 You had in your proposal a July 8, 2014, 

23 deadline for filing the answer. My only concern with 

24 that is that that is right after the July 4th holiday, 

25 so the person or the party who is going to file the 

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1 answer loses a little bit of time, in fact, if you had 

2 any desire to celebrate that holiday. 

3 

4 

5 

6 

So I wanted to check in with you both to see 

if you wanted to tweak that a little bit. If you 

don't, that's fine. If you're not July 4th holiday 

celebrants, that's fine. If you do, we can tweak both 

7 the answer due date and the reply due date one week 

8 and I think without any harm to anyone, depending on 

9 your schedules. 

10 Mr. Stevenson, what's your thought about 

11 that? 

12 MR. STEVENSON: I would be okay with pushing 

13 those back a week. I would be okay with not pushing 

14 them back a week, so, either way. 

15 HONORABLE SULLIVAN: Mr. Silverberg, what 

16 about you? 

17 MR. SILVERBERG: I would endorse your 

18 proposal, Your Honor, I think that makes practical 

19 sense for the parties. 

20 HONORABLE SULLIVAN: Okay. Let's say 

21 instead of July 8, 2014, July 15, 2014, for the 

22 deadline for filing an answer to dispositive motions 

23 and July 29, 2014, for filing a reply. That gives us 

24 time in August for a summary judgment telephone 

25 conference and I'm going to start with you, 

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1 Mr. Silver I'm sorry, Mr. Stevenson, do you have a 

2 preference in terms of August for any particular week, 

3 do you have black-out dates in August that you want to 

4 alert me to? 

5 

6 

MR. STEVENSON: I'm sorry, I'm double 

checking my schedule as I do have something. In 

7 August, I will be unavailable from August 13th through 

8 August 19th, give or take. 

9 HONORABLE SULLIVAN: Available or not 

10 available? 

11 MR. STEVENSON: I will be not available --

12 HONORABLE SULLIVAN: Okay. 

13 MR. STEVENSON: during that time period, 

14 but the rest of my August is clear. 

15 HONORABLE SULLIVAN: Okay. Mr. Silverberg, 

16 how about you? 

17 

18 

19 

20 

MR. SILVERBERG: I'm an August vacationer. 

HONORABLE SULLIVAN: As many people are. 

MR. SILVERBERG: It's hard for me to know 

for sure what my dates will be in August. I have to 

21 coordinate that with, with my, with my children and 

22 their children and my wife, so I don't know what my 

23 August schedule will look like for sure right now, but 

24 I can say in general that I can work around, you know, 

25 your schedule if necessary. 

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1 Are you anticipating hearing argument on 

2 the, assuming there are cross motions, on, in this 

3 August, on this August date you're looking for? 

4 HONORABLE SULLIVAN: Yes. I usually 

5 schedule a one to one-and-a-half-hour telephone 

6 conference after summary judgment motions or those 

7 dispositive types of motions are filed because 

8 invariably I have lots of questions and I find oral 

9 arguments very, very helpful. 

10 MR. SILVERBERG: Understood, Your Honor, 

11 and, you know, I'm here in Washington, D.C., and it 

12 would seem that a matter such as a hearing on a 

13 summary judgment motion would be something that would 

14 be better done in person. 

15 HONORABLE SULLIVAN: Well I love seeing the 

16 parties, but typically most people who appear before 

17 me are not in Washington, D.C., and so we usually do 

18 these by telephone conference and it's been quite 

19 successful. 

20 So we used to have a hearing room associated 

21 with our offices and we lost that recently. 

22 

23 

MR. SILVERBERG: Oh, no. 

HONORABLE SULLIVAN: So in order for me to 

24 hold an in-person motion conference, I would have to 

25 find an open courtroom somewhere in D.C., which 

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1 amazingly you would think would be quite easy, but it 

2 is actually fairly difficult, so. 

3 MR. SILVERBERG: Our litigious society, I'm 

4 afraid. 

5 HONORABLE SULLIVAN: So these are typically 

6 done by telephone and, and I've found them to be 

7 successful that way. 

8 MR. SILVERBERG: I would then say that I, I 

9 could probably anticipate being out the 13th through 

10 the 19th as well in August, but if we're going to do 

11 this by telephone, I will just, you know, I will slip 

12 this into my schedule, but I do typically, a fairly 

13 significant chunk of August head to the Atlantic 

14 ocean. 

15 HONORABLE SULLIVAN: Let me ask you this, 

16 Mr. Silverberg, in years past, do you wrap in the 

17 Memorial Day holiday as part of your vacation plan, 

18 would it be better for us to look at the 1st of August 

19 as opposed to the last of August or does it matter? 

20 MR. SILVERBERG: It may not matter. I think 

21 typically we try to leave at the first part of August, 

22 but as I say, it's, it's coordinated with my grown 

23 children and their children and my wife, so it's, at 

24 this point we haven't gone through the coordination 

25 process yet. 

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1 But as I say, if it's going to be by 

2 telephone, you know, availability where I'll be is not 

3 as critical. 

4 HONORABLE SULLIVAN: Okay. 

5 MR. SILVERBERG: But I would typically, I 

6 guess if I were to make a general statement, we 

7 typically go in early August and then we come back 

8 sometime before the end of the, before Labor -- we 

9 come back before the Labor Day holiday and then we go 

10 back again for the Labor Day holiday. 

11 

12 

So if there's a, let me just look at August. 

More likely than not we would be back in 

13 Washington the week of the 25th of August. Let me see 

14 if, when is the holiday? I don't have that on this 

15 calendar, do you happen to know, Your Honor, when 

16 the --

17 HONORABLE SULLIVAN: I think the September 

18 calendar shows Monday, September 1, as the Federal 

19 Labor Day holiday. 

20 So if we talked about perhaps Tuesday, 

21 August 26, 2014, that might be a good date? 

22 MR. SILVERBERG: That might work, yes, Your 

23 Honor. 

24 HONORABLE SULLIVAN: Okay. Why don't we 

25 plan for August 26, 2014, and since we're talking 

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1 about a telephone conference, let's say between 1:30 

2 and 3 p.m. on that date, and if for some reason, and 

3 many people do and many people don't file motions, but 

4 if for some reason no motion is filed, then we'll 

5 still hold the telephone conference and it will 

6 automatically convert to a pre-hearing status 

7 conference if no motions are filed and that way I'll 

8 have a chance to talk to you all about what the status 

9 is of the case, if the issues have been narrowed, if 

10 you want to retain the same amount of time for trial 

11 and so forth. 

12 So August 26, 2014, from 1:30 to 3, please 

13 reserve on your calendars. 

14 And then let's talk about the October 7 

15 through October 9 hearing date. Those are actually 

16 open for me, so I'm happy to adopt them and as I 

17 understand it from the September 24, 2013, colloquy 

18 that I had with the parties, this is a case that will 

19 be heard in Orlando, Florida. 

20 Mr. Stevenson, is that your understanding? 

21 MR. STEVENSON: That was my understanding as 

22 well, Your Honor. 

23 HONORABLE SULLIVAN: Okay. And, 

24 Mr. Silverberg? 

25 MR. SILVERBERG: Yes, Your Honor. 

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1 HONORABLE SULLIVAN: Okay. So prior to 

2 October 7, 2014, when would you like to exchange your 

3 list of witnesses and exhibits? 

4 

5 

Mr. Stevenson? 

MR. STEVENSON: I, off the top of my head, I 

6 would usually think three weeks before that and I 

7 think, if I understand the, Your Honor's, if I recall 

8 Your Honor's usual time frames correctly, I believe 

9 that would give you enough time to write a decision on 

10 the summary judgment motions if they are filed. 

11 HONORABLE SULLIVAN: Okay. Mr. Silverberg, 

12 is that acceptable, around September 16? 

13 

14 

MR. SILVERBERG: Yes, Your Honor. 

HONORABLE SULLIVAN: Let's say September, 

15 just to be on the safe side, let's say September 19 so 

16 that we keep using our Fridays, September 19, 2014, an 

17 exchange of witness list and exhibits for the parties 

18 and I'm going to ask you to also file any written 

19 stipulations if you have them that same day. That 

20 doesn't preclude you from coming to the Court on the 

21 day of trial and proposing stipulations or even making 

22 general motions in limine, but it's always helpful for 

23 me to have a heads-up if you've come to some agreement 

24 to make it easier for me to prep ahead of time. 

25 So for the October 7, 2014, through 

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1 October 9, 2014, trial time, typically I start at 9, I 

2 end at 5. I have a one hour and 15 minute lunch break 

3 usually from 12 to 1:15, unless the parties have a 

4 different preference and then I always take a short 

5 break in the morning and a short break in the 

6 afternoon. So you can count on that. If we get done 

7 a little early, great; if we don't, we're all in 

8 trouble, obviously. 

9 So hopefully the three-day period of time is 

10 a comfortable time period and I just want to check in 

11 with you before we close that particular calendering, 

12 Mr. Stevenson, is there any particular need that you 

13 can think of right now where we might need to reserve 

14 a fourth day or is three days a comfortable margin for 

15 you? 

16 MR. STEVENSON: The only reason I could 

17 think of why we would not be able to do it in three 

18 days is if the parties ended up calling as witnesses a 

19 variety of mechanics who worked on repairing these 

20 aircrafts after the issues in the complaint are 

21 discovered, but I don't have any way of knowing at 

22 this point in time if that would come up or if 

23 there's, if it was, that their testimony would take a 

24 long time, but that's the only reason that I can think 

25 of that we would need more than three days. 

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1 

2 

3 

HONORABLE SULLIVAN: Okay. 

Mr. Silverberg, how about you? 

MR. SILVERBERG: Well, Your Honor, the, 

4 there is no question but that there were a number of 

5 mechanics that looked at the three aircraft that are 

6 involved in this matter. I don't know how many 

7 offhand I'm talking about, frankly, but there were 

8 several with shift changes and the number of days 

9 involved. We would obviously have somebody to testify 

10 about the maintenance records and what they portray. 

11 Whether we have to go down to the mechanic 

12 level and what the mechanics memory would be of 

13 particular work scope that he may have accomplished, I 

14 just can't say at this point. I think we'll probably 

15 have a better feel for that once we get some discovery 

16 going. 

17 My hope would be we would not have to have a 

18 parade of mechanics, but it may be necessary. 

19 HONORABLE SULLIVAN: Okay. Let me ask you 

20 both then this, starting with you, Mr. Stevenson, can 

21 you reserve an extra day on your calendar now just in 

22 case we need it later? 

23 MR. STEVENSON: I can, Your Honor. 

24 HONORABLE SULLIVAN: Yeah. Would it make 

25 sense to reserve Friday, the end of the week? 

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1 MR. STEVENSON: Well I guess always better 

2 to reserve too many days than not enough. 

3 HONORABLE SULLIVAN: Yeah. 

4 MR. STEVENSON: So I, I --

5 HONORABLE SULLIVAN: I'm sorry, sir, go 

6 ahead. 

7 MR. STEVENSON: I was saying, Judge, there's 

8 no problem on my end reserving the whole 6th through 

9 the lOth. 

10 HONORABLE SULLIVAN: Okay. Well let's, 

11 let's just plan on October 7th through October 10, 

12 which would be Tuesday through Friday. 

13 Mr. Silverberg, is that acceptable in your 

14 calendar for now as well? 

15 

16 

17 

MR. SILVERBERG: Yes, it is, Your Honor. 

HONORABLE SULLIVAN: Okay. 

MR. SILVERBERG: I, can I raise an issue 

18 that you mentioned earlier? 

19 HONORABLE SULLIVAN: Sure. 

20 MR. SILVERBERG: You had, you spoke of 

21 motions in limine could be presented at the time of 

22 the commencement of the hearing, I would like to 

23 suggest that if the parties are going to file such 

24 motions that they file them in advance so there be an 

25 opportunity for replies and I would suggest that the 

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1 date for the witness list and exhibits would be a good 

2 deadline for the filing of motions in limine. 

3 HONORABLE SULLIVAN: Mr. Stevenson, do you 

4 have any objection to that? 

5 MR. STEVENSON: The only potential issue I 

6 see with that is that it may not be until a party sees 

7 the other side's identification of witnesses and 

8 exhibits that it has realized that a motion to exclude 

9 a particular piece of evidence or a particular witness 

10 is necessary. 

11 So, I mean that would be the problem I would 

12 have with a deadline on the same day as the 

13 disclosures, is that it would, it would necessarily 

14 have to have an exception for motions or objections 

15 based on the disclosures. 

16 HONORABLE SULLIVAN: Well assuming that we 

17 keep the September 19, 2014, due date for exchange of 

18 witnesses and exhibits, what date after that would you 

19 propose for a filing of written stipulations and/or 

20 motions in limine? 

21 MR. STEVENSON: I, what immediately comes to 

22 mind would be just the following Friday, the 26th, or 

23 that could potentially be moved up to the 25th or the 

24 24th if we wanted to budget more time for any 

25 consideration by Your Honor for the, consideration by 

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1 Your Honor of those motions because I know especially, 

2 especially if it's something asking that an entire 

3 witness is going to be excluded, it's always nice if 

4 that is going to be granted, then the witness doesn't 

5 have to show up at the hearing. 

6 HONORABLE SULLIVAN: Mr. Silverberg, what's 

7 your thought on that? 

8 MR. SILVERBERG: That is a workable 

9 solution, Your Honor. I think what we're talking 

10 about here, though, frankly, is we're only, there 

11 would be no basis that I can think of where a fact 

12 witness from one party or the other would be objected 

13 to, but essentially the motions in limine would go to 

14 potentially the qualifications, credentials and 

15 conclusions drawn by any expert witness and we'll have 

16 that information available to us after depositions of 

17 experts, if any. 

18 So having said that, if you want to stagger 

19 the date for witness list and exhibit exchange with 

20 the date for filing of motions in limine, I'm 

21 agreeable to that. 

22 HONORABLE SULLIVAN: Okay. Why don't we do 

23 this, why don't we schedule the written stipulations 

24 and/or motions in limine deadline for September 26, 

25 2014. 

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1 You're welcome, of course, to file them 

2 before that if you get material and you know for a 

3 fact that there's going to be a problem and you need a 

4 ruling. So, but this gives everybody the comfort zone 

5 that they think would work best for them. 

6 I, I should note that there are sometimes, I 

7 understand that there are sometimes objections to 

8 multiple witnesses on the grounds of repetitiveness, 

9 that type of thing, but I think the parties will have 

10 plenty of time by now, or with this schedule to figure 

11 out whether witnesses are actually being called to 

12 support each other or just to add pieces to the, to 

13 the puzzle, if you will, different sections to the 

14 puzzle. 

15 So let's plan on September 19, 2014, for the 

16 list of witnesses and exchange of exhibits. 

17 September 26, 2014, for any written stipulations 

18 and/or motions in limine and then we'll see each other 

19 all in Orlando, Florida, starting on October 7, 2014, 

20 through Friday, October 10, 2014. 

21 I will be giving you the location of the 

22 hearing in Orlando, Florida, probably within six weeks 

23 to two months of the actual hearing and then I will 

24 also send out for you a fairly detailed litigation 

25 Order that codifies in writing all of the dates that 

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1 we've talked about this morning as well as how to mark 

2 your exhibits, how to bring matters to my attention if 

3 you need to get before me again by telephone or to 

4 file a motion or if you have problems with discovery. 

5 There's also some material in the Order that 

6 I'll send out about attorney withdrawal. I'm not 

7 suggesting that that should happen in this case, but I 

8 have had people for various reasons need to withdraw 

9 and I'm giving in this Order how to do it well. 

10 Lastly, this Order will also have the name 

11 and phone number of the contact person at the Office 

12 of the Hearings, Mr. Cody Smith, who is an attorney 

13 advisor here who can help you if you have questions 

14 about this procedural Order or need some assistance in 

15 setting up a telephone conference if you need it for 

16 another motion that we haven't talked about. 

17 So with that, starting with you, 

18 Mr. Stevenson, is there anything else that we need to 

19 address for your client today before we close? 

20 MR. STEVENSON: No, Your Honor. 

21 HONORABLE SULLIVAN: Okay. 

22 Mr. Silverberg, on behalf of your client, 

23 any questions? 

24 MR. SILVERBERG: No, Your Honor. 

25 HONORABLE SULLIVAN: Okay. Thank you both 

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1 very much for your presence today and for your work in 

2 this schedule discovery plan. 

3 I look forward to seeing you next year and I 

4 hope you all have a happy holiday in the interim. 

5 With that, we can go off the record and I 

6 wish you all a good day. 

7 MR. SILVERBERG: Thank you very much, Your 

8 Honor, appreciate your time. 

9 

10 

11 

MR. STEVENSON: Thank you, Your Honor. 

HONORABLE SULLIVAN: Thank you. Bye-bye. 

(Whereupon, at 11:48 a.m., the scheduling 

12 conference was concluded.) 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

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1 STATE OF MARYLAND, to wit: 

2 I, Monica Voorhees, the officer before whom 

3 the foregoing conference was taken, do hereby certify 

4 that the within-named witness personally appeared 

5 before me at the time and place herein set out, and 

6 after having been duly sworn by me, according to law, 

7 was examined by counsel. 

8 I further certify that the examination was 

9 recorded stenographically by me and this transcript is 

10 a true record of the proceedings. 

11 I further certify that I am not of counsel 

12 to any of the parties, nor an employee of counsel, nor 

13 related to any of the parties, nor in any way 

14 interested in the outcome of this action. 

15 As witness my hand and notarial seal this 

16 7th day of November, 2013. 

17 

18 

19 

20 

21 

22 

23 

Monica Voorhees 

Notary Public 

24 MY COMMISSION EXPIRES: 

25 2/14/14 

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