UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

IN THE MATTER OF: 

MTI TRAVEL, INC. 

Respondent 

Tuesday, 

June 3, 2014 

Teleconference 

FDMS No. 

FAA-2014-0110 

The conference took place via 

telephone, pursuant to notice, at 11:00 a.m. 

BEFORE: 

THE HONORABLE J.E. SULLIVAN, 

Administrative Law Judge 

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APPEARANCES: 

On Behalf of the Complainant: 

MICHAEL F. McKINLEY, ESQ. 

of: Federal Aviation Administration, 

Office of the Chief Counsel 

AGC-300, Senior Attorney, 

800 Independence Avenue SW 

Washington, D.C. 20591 

(202) 267-7100 

(202) 267-5106 (fax) 

On Behalf of the Respondent: 

DAVID P. AFFINITO, ESQ. 

of: Dell'Italia, Affinito & Santola 

18 Tony Galento Plaza 

Orange, NJ 07050 

(973) 672-8000 

(973) 672-8215 (fax) 

Also Present: 

CODY L. SMITH, DOT Staff Attorney 

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

2 11:00 a.m. 

3 JUDGE SULLIVAN: We're on the 

4 record in the matter of MTI Travel, Inc. This 

5 is Docket No. FAA-2014-0110. 

6 Today is Tuesday, June 3, 2014 and 

7 the parties have convened for a --

8 (Inaudible due to interference) 

9 MR. AFFINITO: I'm going to go 

10 someplace else, Judge. I'm sorry. 

11 JUDGE SULLIVAN: Yes, I'll note 

12 that there was a lot of interference from the 

13 location where Mr. Affinito was, and he's 

14 going to take a minute to move. 

15 MR. AFFINITO: I'm just going to 

16 find a quiet room somewhere. 

17 JUDGE SULLIVAN: Okay, let us know 

18 when you're ready. 

19 MR. AFFINITO: Okay, I think I am. 

20 JUDGE SULLIVAN: Okay? 

21 MR. AFFINITO: Okay, that's good. 

22 JUDGE SULLIVAN: Okay, thank you. 

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1 MR. AFFINITO: Go ahead. 

2 JUDGE SULLIVAN: We'll note that 

3 Mr. Affinito has repositioned himself. It 

4 seems like it's a little quieter. The parties 

5 have convened for a Rule 16 litigation 

6 scheduling conference. Mr. Michael F. 

7 McKinley, the Attorney of Record for the 

8 Federal Aviation Administration is present. 

9 I'll hereinafter refer to the Federal Aviation 

10 Administration as the FAA. Also present on 

11 behalf of the Respondent MTI Travel, Inc. is 

12 Mr. David P. Affinito, the Attorney of Record. 

13 Good morning to you both. 

14 MR. AFFINITO: Good morning, Your 

15 Honor. 

16 JUDGE SULLIVAN: As I understand 

17 it, essentially the parties have filed a Rule 

18 26(f) joint proposal, and I have a couple of 

19 questions to ask you about that. Mr. 

20 McKinley, I'll start with you, first. As I 

21 understand it, there are still issues in 

22 dispute between the parties, both in regard to 

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1 the allegation violation and the asserted 

2 penalty of $22,000, is that correct? 

3 MR. McKINLEY: That's correct, 

4 Your Honor. 

5 JUDGE SULLIVAN: Okay. So, help 

6 me out a little bit, in terms of the 

7 violations, first. Given the complaint, it 

s was a little difficult for me to know exactly 

9 how many violations you're alleging. Can you 

10 tell me that? 

11 MR. AFFINITO: Michael, go ahead. 

12 MR. McKINLEY: Well, I'll talk 

13 about --

14 JUDGE SULLIVAN: And I'm going to 

15 interrupt. Mr. Affinito, all the questions 

16 are addressed to Mr. McKinley, until I turn to 

17 you. 

18 MR. AFFINITO: Thank you, Judge. 

19 JUDGE SULLIVAN: Okay, Mr. 

20 McKinley, please go ahead. 

21 MR. McKINLEY: Are you talking 

22 about the number of violations, or type of 

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1 violations? 

2 JUDGE SULLIVAN: Both. 

3 MR. McKINLEY: Okay, well, there 

4 are two major violations. There is one 

5 violation for MTI using a contract employee, 

6 who we believe to be a contract employee, to 

7 do maintenance on one of their helicopters, 

8 and that person had not been pre-employment 

9 tested. That was the first issue. The second 

10 issue is Mr. Miller, who is the owner of MTI, 

11 did not report immediately for a random drug 

12 test. 

13 JUDGE SULLIVAN: Okay. 

14 MR. McKINLEY: So, those are the 

15 two basic issues in the case. 

16 JUDGE SULLIVAN: Got it, and so, 

17 essentially you have two major violations and 

18 then a variety of counts within each of those 

19 major violations? 

20 MR. McKINLEY: Correct. 

21 JUDGE SULLIVAN: So, each major 

22 violation is being assigned a potential 

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1 penalty of $11,000, the maximum? 

2 MR. McKINLEY: Actually, the way 

3 it broke out was that the violation against 

4 the mechanic, we alleged -- we used the amount 

5 of $3,300. The violation against Mr. Miller 

6 was a cumulative $18,700. 

7 JUDGE SULLIVAN: Okay, that's 

8 helpful. Let me ask you this. In terms of 

9 the number of days for hearing, assuming, just 

10 for the sake of today' s discussion, that there 

11 is no settlerrent, and there is no further 

12 narrowing of the issues, how many witnesses, 

13 in general, do you think you would need to 

14 call and how much time do you think it would 

15 take for you to present your prima facie case? 

16 MR. McKINLEY: Approximately three 

17 witnesses, probably a morning to present our 

18 case. 

19 JUDGE SULLIVAN: And when you say 

20 a morning, does that mean three hours, four 

21 hours? What does that mean for you? 

22 MR. McKINLEY: Having not appeared 

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1 before you, Judge, I don't know what time you 

2 like to start. I'm figuring most-- if we're 

3 using somebody else's Courtroom, we're not 

4 going to be able to start until 8:30 or 9:00 

5 a.m., and I'm figuring that time, until about 

6 noon. 

7 JUDGE SULLIVAN: Okay, so about 

8 three hours? 

9 MR. McKINLEY: Yes. 

10 JUDGE SULLIVAN: Okay, in terms of 

11 the discovery, you had indicated in your Rule 

12 26 (f) submission that you want to complete 

13 discovery on or before July 11, 2014, which 

14 indicates to me that you may already be done 

15 with most of your discovery. Is that, in 

16 fact, the case? 

17 MR. McKINLEY: Fifty percent 

18 correct, Judge. They have answered our 

19 discovery. We owe them discovery. 

20 JUDGE SULLIVAN: Okay, and so, in 

21 terms of the discovery that you've done, 

22 you're basically doing written submissions? 

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1 You're not going to do depositions or any of 

2 those kinds of things? 

3 MR. McKINLEY: We have done 

4 written submissions and we have no intention 

5 of doing any depositions. 

6 JUDGE SULLIVAN: Okay, Mr. 

7 Affinito, let me turn to you next. 

8 MR. AFFINITO: Yes, Your Honor. 

9 JUDGE SULLIVAN: Assuming that 

10 there is no settlement and that the case 

11 issues are not narrowed in any way from today, 

12 to the date you would appear for hearing, 

13 about how many witnesses do you estimate that 

14 you might need to call for hearing, and how 

15 long do you think those witnesses would need 

16 to take for their prima facie evidence to be 

17 adduced? 

18 MR. AFFINITO: Your Honor, the 

19 most I can foresee are four witnesses, and 

20 depending on the discovery responses I get, 

21 and if I send requests with admissions, I 

22 might be able to pare that down to two, 

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1 possibly three, and I would think that if 

2 everybody is present, it could be done in half 

3 a day to a day. 

4 JUDGE SULLIVAN: Okay, and then in 

5 terms of your discovery needs, are you pretty 

6 much done with your discovery, or do you need 

7 to conduct further discovery and if so, what 

8 are you looking at? 

9 MR. AFFINITO: Well, I'm waiting 

10 for a response to my request to produce 

11 documents, and it kind of has a few 

12 interrogatories thrown in there. But pretty 

13 much, it's a document production request, and 

14 depending on what I receive, I may need to 

15 take depositions to prove certain points, or 

16 requests for admissions, or we might be able 

17 to stipulate as to certain points. 

18 JUDGE SULLIVAN: Okay. 

19 MR. AFFINITO: But I need to prove 

20 that certain witnesses in the -- will affirm 

21 that my client made certain communications to 

22 them, and if I can't do that on paper, then I 

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1 need to do it through a subpoena or a 

2 deposition, or some sort of a written 

3 interrogatory. 

4 JUDGE SULLIVAN: Okay, both of you 

5 have talked and agreed to Newark, New Jersey 

6 for the location of the hearing, and Newark 

7 does have Federal Courthouse facilities, which 

s is great, and I'm happy to adopt that as our 

9 primary venue, assuming we can get Courthouse 

10 facilities. 

11 If we can't get Courthouse 

12 facilities in Newark, we would default to the 

13 next nearest area to Newark for the hearing, 

14 and I'll let you folks know that long before 

15 the hearing. So, let's talk about scheduling. 

16 Let me see. You have not 

17 MR. AFFINITO: Your Honor? 

18 JUDGE SULLIVAN: I'm sorry, Mr. 

19 Affinito, yes? 

20 MR. AFFINITO: Yes, I'm looking at 

21 a May 27th letter by Mr. McKinley. It's a --

22 I think it's an amended scheduling letter, 

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1 where the completion of discovery would be 

2 June 19th, and then July 18th for the filing 

3 of stipulations. I think, Mr. McKinley, 

4 didn't we agree that there would be a change 

5 on those dates? I don't know if Her Honor is 

6 looking at the right letter. 

7 JUDGE SULLIVAN: I can tell you 

8 that I am looking at a May 27, 2014 Rule 26 (f) 

9 submission, signed by both of you, and it 

10 indicates a July 11, 2014 date for completion 

11 of discovery, with an August 18, 2014 date --

12 MR. AFFINITO: Okay. 

13 JUDGE SULLIVAN: -- for filing of 

14 stipulations and so forth. If something else 

15 has been filed since then, I do not yet have 

16 it. 

17 MR. AFFINITO: I apologize, Your 

18 Honor. I'm looking at the older one and not 

19 the newer one I have, it's in my files in the 

20 other room. 

21 JUDGE SULLIVAN: Okay. 

22 MR. AFFINITO: So, I just picked 

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1 up the wrong one by mistake. 

2 JUDGE SULLIVAN: Okay, well, that 

3 leads us to a little bit of discussion anyway, 

4 because it looks to me like you folks are 

5 thinking that you may have a trial date 

6 shortly after August 2014, and that may be an 

7 erroneous presumption on your part, given my 

8 trial schedule. 

9 I think probably what we should do 

10 first is talk about what the likely trial 

11 dates would be, and then we can work our way 

12 back to, by your completion of discovery, the 

13 filing of stipulations and witness lists, the 

14 exchange of exhibits and setting up on my 

15 calendar, what I call a summary judgement 

16 telephone conference, motion conference, which 

17 I convert to a pre-hearing status conference, 

18 if dispositive motions are not filed. 

19 So, Mr. McKinley, I 'm going to 

20 turn to you again. Based on the Rule 26(f) 

21 materials, when did you ideally hope for a 

22 trial date to be? 

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1 MR. McKINLEY: Looking at my 

2 schedule now, probably not until after -- not 

3 until after September 1st. 

4 JUDGE SULLIVAN: Okay. 

5 MR. McKINLEY: My August is in 

6 fact since, the May 27th letter that the two 

7 of us agreed to, I am gone from this office 

8 pretty much from July 21st through August 

9 30th, with one thing or another. 

10 JUDGE SULLIVAN: Okay, and Mr. 

11 Affinito, why don't you tell me a little bit 

12 about your schedule, and then I will tell you 

13 both about mine. 

14 MR. AFFINITO: Judge, my schedule 

15 is very malleable. After September 1st, I can 

16 probably go along with anything that you 

17 require, and if something comes up from 

18 another Judge, I could probably have that 

19 postponed, just by asking for an adjournment. 

20 I would give priority to this case. 

21 JUDGE SULLIVAN: Okay, well, the 

22 only time I have available this year is one or 

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1 two weeks in November of 2014, and I actually 

2 have trials scheduled in 2015 already. So, if 

3 you folks think that you can have this case 

4 done in hearing in two days or less, I can 

5 schedule for you a November trial date. 

6 MR. AFFINITO: Your Honor? 

7 JUDGE SULLIVAN: If not, then I 

8 would have to be moving you into my normal 

9 schedule, which is going into 2015. 

10 MR. McKINLEY: Your Honor, this is 

11 McKinley. November is wide open for me at 

12 this point. 

13 JUDGE SULLIVAN: Okay, Mr. 

14 Affinito, how about for you? 

15 MR. AFFINITO: November is not a 

16 problem for me. 

17 JUDGE SULLIVAN: Okay. 

18 MR. AFFINITO: However, after the 

19 first of the year isn't a problem for me 

20 either. 

21 JUDGE SULLIVAN: Okay. 

22 MR. AFFINITO: So, I could very 

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1 well -- I would rather have it later, rather 

2 than sooner, but I'll leave it up to the 

3 Court. 

4 JUDGE SULLIVAN: Yes, let me ask 

5 you a question, folks. In terms of what 

6 you've exchanged so far, is it possible that 

7 you would be filing any dispositive motions, 

8 because that will alter my trial schedule 

9 ability, as well, starting with you, Mr. 

10 McKinley. 

11 MR. McKINLEY: Nothing anticipated 

12 at the moment, Judge. 

13 JUDGE SULLIVAN: And Mr. Affinito? 

14 MR. AFFINITO: I don't think so, 

15 Judge. I think the facts are in dispute. 

16 JUDGE SULLIVAN: Okay, all right. 

17 Then let's do this. I'm trying to decide. 

18 I'm trying to find Thanksgiving, and I think 

19 I've found it. How about if we try for 

20 Thursday, November 20th I'm sorry, not 

21 Thursday, excuse me. Tuesday, November 2Oth 

22 and Wednesday, November -- I'm sorry, I'm 

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1 getting in -- I have -- my calendar is not 

2 giving me the right dates. Okay, I've got --

3 well, then that wouldn't work. 

4 MR. McKINLEY: Tuesday would be 

5 November 18th. 

6 JUDGE SULLIVAN: Right, and I have 

7 something scheduled already. So, let me go to 

8 -- that doesn't work either. Okay, how about 

9 Tuesday, November 4th and Wednesday, November 

10 5th, and let me make sure that I'm not going 

11 to be I have to make sure. That should 

12 work, okay. 

13 MR. McKINLEY: It works for the 

14 FAA. 

15 JUDGE SULLIVAN: Okay, and how 

16 about for you, Mr. Affinito? 

17 MR. AFFINITO: I see no conflict 

18 of that, Judge, the 4th and the 5th of 

19 November. 

20 JUDGE SULLIVAN: Then November 3rd 

21 would be a travel day for those of us who need 

22 to travel in, and November 6th would be a 

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1 travel day, as well, with the trial starting 

2 November 4th, and I'm reserving two full days, 

3 since there's a possibility that the 

4 Respondent's responsive case could take a full 

5 day. If we don't take all that time, then 

6 that's fine. We don't need to use it. So, 

7 that puts me at -- let me back track a little 

8 bit for some other things. 

9 The filings, exhibits and witness 

10 lists and stipulations on or before 

11 approximately October 6th, unless you want to 

12 do it for October 3rd. 

13 Mr. McKinley, do you have a 

14 preference? 

15 MR. McKINLEY: No preference. 

16 JUDGE SULLIVAN: Mr. Affinito? 

17 MR. AFFINITO: No preference, Your 

18 Honor. 

19 JUDGE SULLIVAN: Let's say October 

20 3rd. That gives you a weekend to relax, and 

21 then we're going to talk about setting a pre22 hearing status conference in September. 

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1 MR. AFFINITO: Your Honor, David 

2 Affinito. May I ask a question? 

3 JUDGE SULLIVAN: Surely. 

4 MR. AFFINITO: Will the Court be 

5 sending out an order with these dates on it to 

6 Counsel? 

7 JUDGE SULLIVAN: Yes. 

8 MR. AFFINITO: Because I'm not in 

9 a position right now to record all of this. 

10 JUDGE SULLIVAN: I will send out a 

11 veryspecificlitigationschedulingorderthat 

12 will have every date that we talk about, as 

13 well as some information about how to file 

14 motions, if something comes up during your 

15 discovery that you can't resolve informally. 

16 There will also be information about attorney 

17 withdrawal, if attorneys change at the FAA or 

18 attorneys change for the Respondent. 

19 There is information about who to 

20 contact in my office, if you need to get on my 

21 calendar for a conference or a motion. All of 

22 that will be covered in this, in the material 

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1 that I -- in the order that I send out to you. 

2 So, let's talk about the week of September 

3 21st for a one-hour pre-hearing status 

4 conference. Mr. McKinley, starting with you, 

5 do you have any black-out dates during that 

6 week? 

7 MR. McKINLEY: No, I do not. 

8 JUDGE SULLIVAN: And Mr. Af f ini to, 

9 same question to you. 

10 MR. AFFINITO: I do not think so, 

11 Judge. 

12 JUDGE SULLIVAN: Okay. 

13 MR. AFFINITO: Almost certainly, I 

14 don't. I just can't confirm it, but I'm not 

15 going to I'll go along with whatever date 

16 you have at this point. 

17 JUDGE SULLIVAN: Mr. Affinito, do 

18 you have any preference as to morning or 

19 afternoon time? 

20 MR. AFFINITO: The morning is 

21 better. 

22 JUDGE SULLIVAN: And Mr. McKinley, 

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1 same question to you? 

2 MR. McKINLEY: Morning is fine 

3 with me. 

4 JUDGE SULLIVAN: Okay, then let's 

5 tryforTuesday, September23, 2014, and let's 

6 try for 10:00 a.m. to 11:00 a.m. for a pre7 hearing status conference, and if you have 

8 motions, last minute motions, you can also 

9 file them at that point, but it's better 

10 actually, if you schedule the motion for a 

11 different day, and there will be information 

12 on how to do that with the attorney who works 

13 for me in the litigation scheduling order. 

14 So, before, I'm going to check a 

15 couple of other dates and times for you. 

16 I'm simply going to note that general 

17 discovery should be initiated on or before 

18 today. Mr. McKinley, I presume that you and 

19 Mr. Affinito have already engaged in all the 

20 -- and exchanged all the initial disclosures 

21 that you need, without asking each other 

22 specifically for the same. 

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1 MR. McKINLEY: We have. 

2 JUDGE SULLIVAN: Okay, so, I won't 

3 include that in this order. Okay, typically 

4 I set out in my orders, a due date for 

5 providing specific information about a hired 

6 or employee expert disclosure. So, if either 

7 the FAA or the Respondent decide to hire an 

8 expert, that expert should be disclosed. 

9 If the FAA has an employee expert 

10 whose duties regularly involve giving expert 

11 testimony, that person should be specifically 

12 disclosed. I'm going to set a discovery end 

13 date first, and then we can go back and prior 

14 to that discovery closure date, set a date for 

15 the disclosures of retained or hired/ employee 

16 experts. 

17 So, we have a pre-hearing status 

18 conference. I'm going to just look at my 

19 calendar really quickly. Mr. McKinley, you 

20 had said that you were booked solid from July 

21 through the end of August at some point, is 

22 that right? 

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1 MR. McKINLEY: That's correct. I 

2 have a window, the second half of the week of 

3 August 4th. So, the sixth -- well, actually, 

4 yes, the 6th, 7th and 8th, basically the only 

5 window I have that month. 

6 JUDGE SULLIVAN: Okay, and is that 

7 why you have such an early discovery 

8 completion date on this Rule 26 (f) submission? 

9 MR. McKINLEY: Actually, no. The 

10 two things that I am committed to in August 

11 came up afterwards, after that. 

12 JUDGE SULLIVAN: All right. 

13 MR. McKINLEY: Just within the 

14 past like three or four days. 

15 JUDGE SULLIVAN: Okay, and Mr. 

16 Affinito, you had mentioned taking some 

17 depositions potentially. Is the July 11, 2014 

18 date still workable for that? 

19 MR. AFFINITO: My son is my son 

20 is getting married in July, and we're taking 

21 off two weeks for that, in Cape May, and I'm 

22 trying to think of the exact date, but it's 

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1 right in that area. I think it's July 9th and 

2 then two weeks after that. I know July is a 

3 bad month for me. 

4 JUDGE SULLIVAN: Okay. So, July 

5 11, 2014 still remains good for both of you 

6 then, as the discovery cutoff date, Mr. 

7 McKinley? 

8 MR. McKINLEY: For us, yes. 

9 JUDGE SULLIVAN: Mr. Affinito? 

10 MR. AFFINITO: I think that's 

11 okay, Judge. 

12 JUDGE SULLIVAN: Okay, then I'll 

13 adopt that, and then I'm going to ask you 

14 both, prior to July 11, 2014 -- that doesn't 

15 give you much time. Why don't we --

16 MR. AFFINITO: Judge, excuse me. 

17 David Affinito. I have a -- that July 11th 

18 date will depend on when I get the discovery 

19 from Mr. McKinley. At that point, I'll need 

20 to make a decision as to whether depositions 

21 will be needed or whether written 

22 interrogatories or requests for admissions 

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1 will suffice. So, I'm concerned I might be 

2 squeezed for time. It's coming up quick. 

3 It's already June 3rd. 

4 JUDGE SULLIVAN: When did you 

5 serve those discovery requests on the FAA? 

6 MR. AFFINITO: I'd be guessing, 

7 but I'm thinking it was about two to three 

8 weeks ago. 

9 MR. McKINLEY: May 16th. 

10 JUDGE SULLIVAN: Okay, thank you. 

11 I' 11 note that Mr. McKinley provided the date 

12 of May 16th. So, okay, so, they have a due 

13 date of approximately June 16, 2014, and Mr. 

14 McKinley, tell me again what your non15 availability is in July and August. 

16 MR. McKINLEY: From July 14th 

17 through the end of the month I'm out of the 

18 office. I'm sorry, I take that back. From 

19 July 28th. I'm gone the whole last week of 

20 July. So, that's July 27th through August 

21 2nd, and then I'm back out of the office-- I 

22 am out of the office again from August 11th 

NEAL R. GROSS 

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COURT REPORTERS AND TRANSCRIBERS 

1323 RHODE ISLAND AVE., N.W. 

WASHINGTON, D.C. 20005·3701 www.nealrgross.com 
26 

1 through August 30th. 

2 JUDGE SULLIVAN: Okay, so, the 

3 date in July is July 27th, not July 14th? 

4 MR. McKINLEY: Yes, I'm sorry. I 

5 was looking at something different. Yes, it's 

6 July 20 yes, the week of July 27th. 

7 Actually, yes, right, the week of July 27th, 

8 I'm out of the office. 

9 JUDGE SULLIVAN: Okay, so, is 

10 there any problem with pushing that completion 

11 date for discovery to July 25th or even to --

12 well, July 25th would probably be better, 

13 because if we push it out to the first week of 

14 September, you're not going to meet that 

15 anyway. 

16 MR. McKINLEY: Well, July 25th is 

17 fine with me. 

18 JUDGE SULLIVAN: Mr. Affinito, 

19 would that work a little better for you? 

20 MR. AFFINITO: Yes, it would, 

21 Judge. 

22 JUDGE SULLIVAN: Let's do that. 

NEAL R. GROSS 

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COURT REPORTERS AND TRANSCRIBERS 

1323 RHODE ISLAND AVE., N.W. 

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27 

1 Let's put July 25th for the date of general 

2 discovery completion and then let's put July 

3 I'm looking at my calendar for just a 

4 minute, please. Let's say July l, 2014 for 

5 disclosure, if you -- if either party retains 

6 or hires an expert witness or there is an FAA 

7 employee expert that needs to be disclosed 

8 with their particular testimony. 

9 Then we have a telephone 

10 conference already set up. We also have set 

11 up the list of witnesses and exchange of 

12 exhibits. Do you want a deadline for filing 

13 dispositive motions, or do you think you' 11 be 

14 able to do that on your own, Mr. McKinley? 

15 MR. McKINLEY: If you want to set 

16 a date, that's fine with me, Judge. But I 

17 think we could probably do it on our own. I 

18 don't anticipate there being any dispositive 

19 motions from this end. 

20 JUDGE SULLIVAN: Okay, Mr. 

21 Affinito, how about you? 

22 MR. AFFINITO: I agree, Your 

NEAL R. GROSS 

(202) 234-4433 

COURT REPORTERS AND TRANSCRIBERS 

1323 RHODE ISLAND AVE., N.W. 

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28 

1 Honor. 

2 JUDGE SULLIVAN: Okay, I won't set 

3 one and I'll leave it to the parties to file 

4 that, if they so need. Let's see, I should 

5 simply note that with the exhibits, I want to 

6 make sure that you know that you should be 

7 providing -- creating and providing an index 

8 cover sheet with your pre-marked exhibits, and 

9 you want to do that in part, so that we all 

10 can figure out what exhibits there are and how 

11 to refer to them. 

12 Then when the originals are filed 

13 with the Hearing Docket, the Hearing Docket 

14 has the ability to file them appropriately, 

15 and I'll have that information contained in 

16 the litigation scheduling order. All right, 

17 starting with you, Mr. McKinley, is there 

18 anything else we need to cover for your client 

19 now, before we close today? 

20 MR. McKINLEY : No, we do not, 

21 Judge. Thank you. 

22 JUDGE SULLIVAN: Mr. Affinito, on 

NEAL R. GROSS 

(202) 234·4433 

COURT REPORTERS AND TRANSCRIBERS 

1323 RHODE ISLAND AVE., N.W. 

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29 

1 behalf of your client, any other matters we 

2 need to address before we close today? 

3 MR. AFFINITO: I can' t think of 

4 any Judge. Thank you very much. 

5 JUDGE SULLIVAN: Thank you both 

6 very much for your work on the CR-26 (f) 

7 materials and also, for your presence today. 

s It appears our business is complete. I'll be 

9 sending out an order setting litigation dates 

10 and procedures either this afternoon or 

11 tomorrow morning, and will serve you each with 

12 a copy by fax, as a courtesy, in addition to 

13 the mailed copy. With that, I'm going to 

14 thank you again. We can go off the record, 

15 and I wish all a good day. 

16 MR. McKINLEY: Thank you, Judge. 

17 MR. AFFINITO: Thank you, Your 

18 Honor. 

19 (Whereupon, the above-entitled 

20 matter went off the record at 11:30 a.m.) 

21 

22 

NEAL R. GROSS 

(202) 234-4433 

COURT REPORTERS AND TRANSCRIBERS 

1323 RHODE ISLAND AVE., N.W. 

WASHINGTON, D.C. 20005-3701 www.nealrgross.com 
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(202) 234-4433 Washington DC www.nealrgross.com 
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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: MTI Travel, Inc. 

Before: DOT Office of Hearings 

Date: 06-03-2014 

Place: Teleconference 

was duly recorded and accurately transcribed under 

my direction; further, that said transcript is a 

true and accurate record of the proceedings. 

(202) 234·4433 

Court Reporter 

NEAL R. GROSS 

COURT REPORTERS AND TRANSCRIBERS 

1323 RHODE ISlAND AVE., N.W. 

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