UNITED STATES

 DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION

 COMPLAINANT,

VS. FDMS NO. FAA-2014-0119

SPIRIT AVIONICS, LTD.

 RESPONDENT.

_____________________________________________________

 HEARING VIA TELECONFERENCE BEFORE

 THE HONORABLE J. E. SULLIVAN

 MONDAY, AUGUST 11, 2014

 10:11 A.M.

 HISTORIC JORDAN SPRINGS

 1160 JORDAN SPRINGS ROAD

 STEPHENSON, VIRGINIA 22656
FAA vs Spirit Avionics Hearing August 11, 2014 VR # 1382-1 Page 2

1 APPEARANCES

2 ON BEHALF OF THE FEDERAL AVIATION ADMINISTRATION:

3 MS. KATE BARBER, ESQUIRE

4 FEDERAL AVIATION ADMINISTRATION, AGL-7,

5 2300 EAST DEVON AVENUE

6 DES PLAINES, ILLINOIS 60018

7 TELEPHONE: 847.294.7862

8 FACSIMILE: 847.294.7498

9 KATE.BARBER@FAA.GOV

10

11 ON BEHALF OF THE RESPONDENT,

12 SPIRIT AVIONICS, LTD.:

13 JERRY A, EICHENBERGER, ESQUIRE,

14 EICHENBERGER & ASSOCIATES

15 6037 FRANTZ ROAD, SUITE 107

16 DUBLIN, OHIO 43017

17 TELEPHONE: 614.798.1600

18 FACSIMILE: 614.798.1620

19 JEICHENBERGER@EHLAWYERS.COM

20

21 ALSO PRESENT:

22 CODY L. SMITH

23

24

25
FAA vs Spirit Avionics Hearing August 11, 2014 VR # 1382-1 Page 3

1 HEARING

2 VIA TELECONFERENCE

3 MONDAY, AUGUST 11, 2014

4 10:11 A.M.

5 THE COURT: Good morning, this is Judge

6 Sullivan, do I have Ms. Barber on the line?

7 MS. BARBER: Yes, Judge, this is Kate

8 Barber.

9 THE COURT: Thank you, and Ms. Barber,

10 is there anyone else from your office appearing as an

11 observer?

12 MS. BARBER: No, there's not.

13 THE COURT: Okay, and do I have Mr.

14 Eichenberger on the line?

15 MR. EICHENBERGER: You do, Judge, and

16 on one else in my office either.

17 THE COURT: Okay, and I should have a

18 Suzanne W. Gonzales from the County Court Reporters

19 office, are you on the line?

20 THE COURT REPORTER: Yes, ma'am, I'm

21 here.

22 THE COURT: Okay, Madame Court

23 Reporter, are you ready?

24 THE COURT REPORTER: Yes, I am.

25 THE COURT: We are on the record in the
FAA vs Spirit Avionics Hearing August 11, 2014 VR # 1382-1 Page 4

1 matter of Spirit Avionics, Ltd. This is docket number

2 FAA-2014-0119. Today is Monday, August 18, 2014, and

3 the parties have appeared by telephone for a

4 litigation scheduling conference.

5 MR. EICHENBERGER: Your Honor, if I may

6 correct, it's August 11th.

7 THE COURT: I'm sorry, someone has

8 interrupted me.

9 MR. EICHENBERGER: No, it's Jerry

10 Eichenberger, Your Honor, you just made a little

11 mistake, it's August 11th, not August 18th.

12 THE COURT: Oh, thank you so much Mr.

13 Eichenberger. I will note that correction for the

14 record.

15 In any event, the parties have appeared

16 by telephone for a Rule 16 Litigation Scheduling

17 Conference. On behalf of the Federal Aviation

18 Administration, which I will hereinafter refer to as

19 the FAA, Ms. Kate Barber is appearing as counsel.

20 On behalf of Spirit Avionics, Ltd., Mr.

21 Jerry A. Eichenberger is appearing as counsel.

22 Good morning to you both.

23 MS. BARBER: Good morning.

24 MR. EICHENBERGER: Right.

25 THE COURT: Just so we have a good
FAA vs Spirit Avionics Hearing August 11, 2014 VR # 1382-1 Page 5

1 record, I will note that there was a June 9, 2014,

2 order setting a Rule 16 Litigation Scheduling

3 Conference and directing a Rule 26(f) Planning and

4 Submission and that particular order set the Rule 16

5 Litigation Scheduling Conference for Tuesday, August

6 5th, 2014.

7 As Mr. Eichenberger has already noted,

8 it's not August 5th, 2014, it's August 11, 2014. This

9 matter was continued by agreement on July 16, 2014, as

10 evidenced by the July 16, 2014, order granting

11 continuance of a Rule 16 Litigation Scheduling

12 Conference.

13 In that most recent order there was

14 rescheduling of the Rule 16 Litigation Scheduling

15 Conference from August 5, 2014, to today's date and

16 time.

17 There was also a direction to the

18 parties to submit a jointly written Rule 26(f)

19 proposed scheduling and discovery plan on August 4,

20 2014.

21 I know that prior to going on the

22 record the attorney in this office that's assigned to

23 work on this case was made, Mr. Cody Smith may have

24 mentioned to you both that we have not received any

25 Rule 26(f) planning submission from you and so it
FAA vs Spirit Avionics Hearing August 11, 2014 VR # 1382-1 Page 6

1 appears that the parties may not be ready yet for a

2 Rule 16 conference.

3 So I am going to be looking at my

4 calendar to reschedule this and give you a new date to

5 file that.

6 Ms. Barber starting with you, how much

7 time do you think you need to work with Mr.

8 Eichenberger to file that before we set our next

9 conference?

10 MS. BARBER: Well, Your Honor, we

11 actually had one that's agreed and signed and it was

12 supposed to be filed. I'm not sure what happened and

13 how it didn't get to your file, so we don't need much

14 time at all.

15 THE COURT: Oh, great.

16 MS. BARBER: Yeah, I mean, I could e17 mail it to you right now. I told Mr. Smith that I

18 could e-mail it to him. He said he didn't know how,

19 if that would be appropriate for today if we could go

20 over that.

21 But just something happened.

22 THE COURT: I'm going to stop you. We

23 don't have e- mail filings in this office.

24 MS. BARBER: Okay.

25 THE COURT: The fastest that you could
FAA vs Spirit Avionics Hearing August 11, 2014 VR # 1382-1 Page 7

1 file something would be by fax.

2 MS. BARBER: Okay.

3 THE COURT: And you're welcome to fax

4 it but I don't want to take the time to review it

5 while you're on the phone.

6 MS. BARBER: Okay.

7 THE COURT: And essentially what

8 happens is when you file that, I actually do spend

9 time reading it and then double checking my calendar

10 and then putting together a draft order.

11 MS. BARBER: Okay.

12 THE COURT: So that I can work with the

13 parties very expeditiously when you're on the phone

14 and make sure that you're time is as cherished as mine

15 should be.

16 So if you have one in hand and can fax

17 it to us today that would be great.

18 MS. BARBER: Yes.

19 THE COURT: And then perhaps we can

20 reschedule this to next week.

21 MS. BARBER: Okay.

22 THE COURT: We can all get on board and

23 then at that point perhaps we can have a little

24 conference or a long one. My experience is that the

25 more that the attorneys prepare and answer all of the
FAA vs Spirit Avionics Hearing August 11, 2014 VR # 1382-1 Page 8

1 pre-litigation questions that need to be answered, the

2 shorter these conferences are.

3 MR. EICHENBERGER: What is the fax

4 number, Your Honor?

5 THE COURT: Our fax number here is

6 202.366.7536.

7 MR. EICHENBERGER: I will read that

8 back, if I may. 202.366.7536.

9 THE COURT: Correct. It's the same fax

10 number that you will see below my name on all of the

11 service lists. So let's take a look at our calendars.

12 I will be trying to, I'm going to be

13 out of town most of next week so let's see.

14 MR. EICHENBERGER: As am I. Well, no,

15 I'm out of town this week.

16 THE COURT: What about the week of

17 August 25; do either of you have time on the 26th,

18 27th, or 28th starting with you, Ms. Barber?

19 MS. BARBER: Excuse me, I have time on

20 any of those days. I guess just we could start with

21 the 26th.

22 THE COURT: Well, I will go to Mr.

23 Eichenberger next. Mr. Eichenberger, do you have time

24 available on either the 26th, 27th, or 28th?

25 MR. EICHENBERGER: I am wide open, Your
FAA vs Spirit Avionics Hearing August 11, 2014 VR # 1382-1 Page 9

1 Honor, on all three of those days.

2 THE COURT: Okay, how about if we try

3 for 10:00 o'clock on Wednesday, August 27, would that

4 work for you, Ms. Barber?

5 MS. BARBER: Yes.

6 THE COURT: And Ms. Eichenberger?

7 MR. EICHENBERGER: Yes, ma'am, it

8 would.

9 THE COURT: Okay, then I will reset

10 this for August 27, 2014, at 10:00. I will look

11 forward to getting your materials by fax, hopefully no

12 later than today but obviously with a two week window

13 you have a little bit of breathing room in case you

14 need to tweak a few of these dates that you previously

15 prepared.

16 Let me ask you this before we close,

17 Ms. Barber, in terms of any preliminary matters, are

18 there going to be issues that will be argued at the

19 next conference or is everything fairly agreed to.

20 MS. BARBER: I believe everything is

21 fairly agreed to.

22 THE COURT: Okay, and Mr. Eichenberger.

23 MR. EICHENBERGER: Likewise, Your

24 Honor. Ms. Barber and I have had several cases

25 together over the years. I think we both treat each
FAA vs Spirit Avionics Hearing August 11, 2014 VR # 1382-1 Page 10

1 other with respect and get along just fine.

2 THE COURT: Okay, great, then I will

3 look forward to talking with you both in about two

4 weeks.

5 Ms. Barber, before we conclude, is

6 there anything else that we need to address for your

7 client today?

8 MS. BARBER: I just have a one quick

9 clarification. Is that 10:00 a.m. Eastern time?

10 THE COURT: Yes.

11 MS. BARBER: Okay. I'm on Central, so

12 I just wanted to make sure I wasn't late.

13 THE COURT: Is that acceptable for you?

14 MS. BARBER: Yes.

15 THE COURT: Okay. And Mr.

16 Eichenberger, any questions on behalf of your client?

17 MR. EICHENBERGER: None for the Court,

18 Your Honor, I just would ask you if Ms. Barber is in

19 her office or if she is at home, I didn't know if she

20 worked from home, I'd like to call her when we're done

21 here.

22 THE COURT: Okay, Ms. Barber, is that

23 acceptable to you?

24 MS. BARBER: Absolutely, yes, and I'm

25 at work.
FAA vs Spirit Avionics Hearing August 11, 2014 VR # 1382-1 Page 11

1 MR. EICHENBERGER: Okay, good.

2 THE COURT: All right, then I will

3 thank you both very much for your preliminary

4 appearance today. I will look forward to talking with

5 you on August 27, 2014, at 10:00 a.m. Eastern time.

6 With that we can go off the record and

7 I wish you both a good day.

8 MS. BARBER: Thank you and good day to

9 you.

10 MR. EICHENBERGER: Thank you.

11 THE COURT: Okay, bye-bye.

12 (WHEREUPON, the Hearing via teleconference was

13 concluded at 10:20 a.m.)

14

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FAA vs Spirit Avionics Hearing August 11, 2014 VR # 1382-1 Page 12

1 STIPULATION

2

3 The foregoing matter was taken on the date, and

4 at the time and place set out on the title page

5 hereof.

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7 It was requested that the matter be taken by the

8 reporter and that the same be reduced to typewritten

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CERTIFICATE OF REPORTER AND SECURE ENCRYPTED

 I, Suzanne W. Gonazales, Notary Public, do hereby

 certify that the foregoing matter was reported by 

 stenographic and/or mechanical means, that same was 

 reduced to written form, that the transcript prepared 

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

 This transcript and certificate have been digitally

 or otherwise interest in the action filed or its outcome.

 record of same to the best of my knowledge and ability; 

 or counsel employed by the parties hereto, nor financial

 that there is no relation nor employment by any attorney 

Court Reporter / Notary

SIGNATURE AND DELIVERY OF CERTIFIED TRANSCRIPT

 signed and securely delivered through our encryption

 server.

 IN WITNESS HEREOF, I have here unto set my hand 

 this day of , .

Notary Registration Number: 7060068

My Commission Expires: 

Suzanne W. Gonzales

13th

02/28/2018

August 2014
FAA vs Spirit Avionics Hearing August 11, 2014 VR # 1382-1 Page 14

1

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