1 

UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

RECEIVED 

IN THE MATTER OF: 

FEDERAL AVIATION 

ADMINISTRATION, 

FEB -7 2014 

HEARING DOCKET 

Complainant, 

V. FDMS No. 

FAA-2013-0047 

FACILITY SOLUTIONS INC., 

Respondent. 

Thursday, 

January 23, 2014 

Via Teleconference 

The above-entitled matter came on, 

pursuant to notice, at 1:30 p.m., Eastern Time. 

BEFORE: 

(202) 234-4433 

THE HONORABLE J.E. SULLIVAN, 

Administrative Law Judge 

NEAL R. GROSS 

COURT REPORTERS AND TRANSCRIBERS 

1323 RHOOE ISLAND AVE., N.W. 

WASHINGTON, D.C. 20005-3701 www.nealrgross.com 
2 

APPEARANCES: 

On Behalf of the Complainant: 

BRIAN K. KHAN, ESQ. 

Office of the Regional Counsel 

Federal Aviation Administration 

2300 East Devon Avenue, AGL-7H 

Des Plaines, IL 60018 

(847) 294-7652 

On Behalf of the Respondent: 

ROY J. TRANSIT, ESQ. 

P.O. Box 1578 

Royal Oak, MI 48068-1578 

(586) 491-6822 

Also Present: 

(202) 234-4433 

CODY L. SMITH 

NEAL R. GROSS 

COURT REPORTERS AND TRANSCRIBERS 

1323 RHODE ISLAND AVE., N.W. 

WASHINGTON, D.C. 20005-3701 www.nealrgross.com 
3 

1 P-R-0-C-E-E-D-I-N-G-S 

2 1:32 p.m. 

3 JUDGE SULLIVAN: We are ln the 

4 record in the matter of Facility Solutions, 

5 Inc. This is Docket No. FAA-2013-0047. 

6 Today is Thursday, January 23, 

7 2014, and the parties have convened by 

8 telephone for a pre-hearing conference. 

9 The FAA is represented by its 

10 attorney of record, Brian K. Kahn. The 

11 Respondent, Facility Solutions, Inc., lS 

12 represented by its attorney or record, Roy J. 

13 Transit. 

14 Also present at the Office of 

15 Hearings today, sitting ln as an observer 

16 only, is Mr. Cody L. Smith, an attorney 

17 advisor with this office. 

18 Good afternoon, everybody. Before 

19 we JUmp into specifics, I'll quickly note that 

20 the last time we convened was on June 6, 2013. 

21 At that time, the parties appeared by 

22 telephone for a Rule 16 litigation scheduling 

(202) 234-4433 

NEAL R. GROSS 

COURT REPORTERS AND TRANSCRIBERS 

1323 RHODE ISLAND AVE., N.W. 

WASHINGTON, D.C. 20005-3701 www.nealrgross.com 
4 

1 conference. 

2 That same day, after the 

3 conference was concluded, an order setting 

4 litigation dates and procedures was filed and 

5 served upon the parties, basically, codified 

6 in writing all the agreements the parties had 

7 made orally during the conference. 

8 As part of those agreements, there 

9 was a conference scheduled for today' s date 

10 and time, essentially, to address any types of 

11 prehearing dispositive motions. 

12 According to my records, that has 

13 been filed. As a result, this conference has 

14 been automatically diverted to a prehearing 

15 status conference, pursuant to the June 6,2013 

16 order. 

17 Mr. Khan, why don't I start with 

18 you. Can you give me, ln general, the status 

19 of the case. Are the parties ready to go to 

20 trial, or are there pending matters that we 

21 need to address for your client? 

22 MR. KHAN: Okay, Your Honor. 

(202) 234·4433 

NEAL R. GROSS 

COURT REPORTERS AND TRANSCRIBERS 

1323 RHODE ISLAND AVE., N.W. 

WASHINGTON, D.C. 20005·3701 www.nealrgross.com 
5 

1 Mr. Transit and I, we're currently 

2 trying to come to a settlement to avoid going 

3 forward with the hearing. So, that's, 

4 basically, where we are at at the moment. 

5 JUDGE SULLIVAN: Okay. Can you 

6 give me an idea if there is a general timeline 

7 that you might have that I could, at least in 

8 terms of setting another prehearing conference 

9 just to check in with the parties? 

10 MR. KHAN : You are looking for a 

11 date, Your Honor? 

12 JUDGE SULLIVAN: I'm giving I 

13 want to get an idea if you are finalizing 

14 something that's in hand, or if this is merely 

15 a process at this point. I mean, can you give 

16 me, without discussing the settlement terms, 

17 any idea of whether or not you have a time 

18 frame for reaching settlement? 

19 MR. KHAN: If I can get the input 

20 of Mr. Transit on this, Your Honor. 

21 JUDGE SULLIVAN: Okay. Mr. 

22 Transit, can you identify any type of time 

(202) 234-4433 

NEAL R. GROSS 

COURT REPORTERS AND TRANSCRIBERS 

1323 RHODE ISLAND AVE., N.W. 

WASHINGTON, D.C. 20005-3701 www.nealrgross.com 
6 

1 period? 

2 MR. TRANSIT: Certainly. We had a 

3 final development conference between Mr. Khan 

4 and I, and our client, our respective client, 

5 and my client, and whoever else is necessary 

6 to make that decision, on February 20th in 

7 Chicago. We were planning on meeting there. 

8 So, I would think that that's 

9 really the do or die date for settlement. We 

10 are either going to have something hammered 

11 out on that day, and we would be able to tell 

12 the court, that's it, we are done, we've 

13 reached a resolution, or we are golng to 

14 proceed to trial. We'll know at that point ln 

15 time that we are proceeding. 

16 JUDGE SULLIVAN: Okay. That's 

17 helpful, because one of the things that we 

18 have to do here in this office, if parties are 

19 ready to go for trial, is to find a courtroom 

20 for the case in Detroit, Michigan, and then to 

21 set up all of my travel, and get travel orders 

22 and so forth. 

(202) 234-4433 

NEAL R. GROSS 

COURT REPORTERS AND TRANSCRIBERS 

1323 RHODE ISLAND AVE., N.W. 

WASHINGTON, D.C. 20005-3701 www.nealrgross.com 
7 

1 So, in knowing that, what I can do 

2 now is defer that staff work until after 

3 February 20, 2014, in the event that it's not 

4 necessary. 

5 MR. TRANSIT: Would you like us to 

6 call you on the 2l"t, after we meet, and 

7 inform you as to where we are at? Or, should 

8 we give it maybe a week, Judge, we've met on 

10 JUDGE SULLIVAN: What I'm thinking 

11 is that, I could, potentially, schedule, 

12 looking at the calendar, your current trial 

13 date is set for April 8th and 9th. That gives 

14 me, looking at my calendar, what might work 

15 best is if I just set another telephone 

16 conference either the last week of February or 

17 the first week of March. 

18 And, potentially, you will have 

19 either filed settlement papers, or you can 

20 notify me what stipulations you may have 

21 reached, if any, before you go to trial, based 

22 on your settlement conference. 

(202) 234-4433 

NEAL R. GROSS 

COURT REPORTERS AND TRANSCRIBERS 

1323 RHODE ISLAND AVE .• N.W. 

WASHINGTON, D.C. 20005-3701 www.nealrgross.com 
8 

1 I don't want to misuse counsel's 

2 time, but I think that might be helpful. 

3 MR. TRANSIT: Agreed. 

4 JUDGE SULLIVAN: Now, Mr. Khan, 

5 starting with you, and I'm going to look at my 

6 calendar as I say this, I have -- I'm in trial 

7 already the week of March 3rd through 7th, so 

8 why don't we look at the week of March-- I'm 

9 sorry, February 24 through the 27th. 

10 And, Mr. Khan, do you have any 

11 blackout dates that week that would prevent 

12 you from reconvening for a telephone 

13 conference in this case? 

14 MR. KHAN: No, I don't, Your Honor. 

15 JUDGE SULLIVAN: Okay. Mr. 

16 Transit, how about you, any blackout time? 

17 MR. TRANSIT: No, nothing. 

18 JUDGE SULLIVAN: Okay. Why don't 

19 we do this, why don't we plan on Wednesday, 

20 the 27th, at about 1:30. Would that work for 

21 you, Mr. Khan? 

22 

(202) 234-4433 

MR. KHAN: Yes, Your Honor, is that 

NEAL R. GROSS 

COURT REPORTERS AND TRANSCRIBERS 

1323 RHODE ISLAND AVE., N.W. 

WASHINGTON, D.C. 20005-3701 www.nealrgross.com 
9 

1 Eastern? 

2 JUDGE SULLIVAN: Yes, I'm sorry. 

3 I'm in D.C. right now, so I'm just thinking in 

4 terms of Eastern Time. 

5 MR. KHAN: Okay, 1:30, that works. 

6 JUDGE SULLIVAN: Okay. And, Mr. 

7 Transit, how about you? Does that work for 

8 you as well? 

9 MR. TRANSIT: Yes, this early I can 

10 get into my books and keep it. 

11 JUDGE SULLIVAN: Then I will reset 

12 this matter for Wednesday, February 26, 2013 

13 at 1:30 p.m., Eastern Time. 

14 And then, if you reach a 

15 settlement and want to file papers prior to 

16 that, that's great. I can always cancel the 

17 conference if it comes ln in time. 

18 If you aren't able to reach a 

19 settlement, sometimes people do, and sometimes 

20 people don't, we will then have a chance to do 

21 a final prehearing conference, and see if 

22 there are ways that the parties have found to 

(202) 234-4433 

NEAL R. GROSS 

COURT REPORTERS AND TRANSCRIBERS 

1323 RHODE ISUAND AVE., N.W. 

WASHINGTON, D.C. 20005-3701 www.nealrgross.com 
10 

1 either narrow the issues or make the trial as 

2 fast, cheap and easy as possible for 

3 everybody, because I'm really dedicated to 

4 trying to streamline things if it's 

5 appropriate for the parties. 

6 With that, Mr. Khan, on behalf of 

7 your client, is there anything else that I can 

8 address for you today in this conference? 

9 MR. KHAN: No, nothing I can think 

10 of, Your Honor. 

11 JUDGE SULLIVAN: Okay. Mr. 

12 Transit, on behalf of your client, anything I 

13 can address for you? 

14 MR. TRANSIT: No. 

15 JUDGE SULLIVAN: Okay. Then I will 

16 wish you both good luck in your settlement 

17 conference next month in Chicago, Illinois. 

18 And, I will look forward to either hearing 

19 from you with documentation after the 

20 conference, or by convening by telephone on 

21 Wednesday, February 26, 2014, at 1:30 Eastern. 

22 And, I will say that, and an order 

(202) 234-4433 

NEAL R. GROSS 

COURT REPORTERS AND TRANSCRIBERS 

1323 RHODE ISLAND AVE., N.W. 

WASHINGTON, D.C. 20005·3701 www.nealrgross.com 
11 

1 codifying that in writing, so that you have it 

2 for your file. 

3 With that, we can go off the 

4 record, and I wish you all a good day. 

5 Thank you so much. 

6 MR. KHAN: Thank you, Your Honor. 

7 MR. TRANSIT: Thank you. 

8 JUDGE SULLIVAN: All right, bye9 bye. 

10 MR. KHAN: Bye. 

11 MR. TRANSIT: Bye-bye. 

12 (Whereupon, the above-entitled 

13 matter was concluded at 1:41 p.m.) 

14 

15 

16 

17 

18 

19 

20 

21 

22 

(202) 234-4433 

NEAL R. GROSS 

COURT REPORTERS AND TRANSCRIBERS 

1323 RHODE ISLAND AVE., N.W. 

WASHINGTON, D.C. 20005-3701 www.neatrgross.com 
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Neal R. Gross and Co., Inc. 

202-234-4433 

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Neal R. Gross and Co., I nc. 

202-234-4433 

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C E R T I F I C A T E 

This is to certify that the foregoing transcript 

In the matter of: Facility Solutions, Inc. 

Before: us DOT 

Date: 01-23-14 

Place: teleconference 

was duly recorded and accurately transcribed under 

my direction; further, that said transcript is a 

true and accurate record of the proceedings. 

Court Reporter 

(202) 234-4433 

NEAL R. GROSS 

COURT REPORTERS AND TRANSCRIBERS 

1323 RHODE ISLAND AVE .• N.W. 

WASHINGTON, D.C. 20005-3701 www.nealrgross.com