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. DEPARTMENT OF TRANSPORTATION<ET

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OFFICE OF HEARINGS WASHINGTON, DC 

### 2: 02

IN THE MATTER OF: DANIEL QUINONEZ DMS No. FAA-2012-0473 (Civil Penalty Action)
Friday, August 10, 2012

The above-entitled matter came on for litigation scheduling via teleconference, pursuant to notice, at 11:00 a.m.

BEFORE: THE HONORABLE J.E. SULLIVAN Administrative Law Judge

(202) 234-4433 

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• APPEARANCES:
On Behalf of the Respondent: FRANCES VARGAS of: 1012 Eastern Avenue Fall River, MA 02723 (508)496-8710 On Behalf of the Complainant: R. BENNETT SARGENT, ESQ. of: Office of the Regional Counsel New England Region Federal Aviation Administration 12 England Executive Park, ANE-7 Burlington, MA 01803 (781)238-7058
ALSO PRESENT: DANIEL QUINONEZ CODY L. SMITH, FAA

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### P-R-0-C-E-E-D-I-N-G-S 2 

### (11:02 a.m.) 3 

### JUDGE SULLIVAN: We're on the 4 record in the matter of Daniel Quinonez. This 5 

### is Docket Number FAA-2012-0473. Today is 6 Friday, August 10, 2012, and the parties have 7 convened by telephone for a Litigation 8 Scheduling Conference. 9 

### The FAA attorney, R. 

### Bennett 10 Sargent, is present and appearing on behalf of 11 the FAA
. 12 The Respondent, Daniel Quinonez, 13 is present but apparently asleep in the room 14 in which he and his daughter are 15 teleconferencing from. 16 

### Appearing on behalf of Mr. 17 Quinonez is his daughter, Frances Vargas, and, 18 Ms. Vargas, I'll have some questions for you 19 about your representation in just a minute. 20 MS. VARGAS: Okay, thank you. 21 JUDGE SULLIVAN: I' 11 

### also note 22 that appearing at the Office of Hearings as an
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### observer is Attorney at Law Cody L. Smith. 2 Good morning, everyone. 3 

### MR. SARGENT: Good morning. 4 

### JUDGE SULLIVAN: Why don't I 5 

### start, Ms. Vargas, with you. It's my 6 understanding that you are Mr. Quinonez's 7 daughter, is that correct? 8 

### MS. VARGAS: That is correct. 9 

### JUDGE SULLIVAN: Okay. And you 10 want to appear on his behalf today? 11 

### MS. VARGAS: Yes. 12 

### JUDGE SULLIVAN: Okay. Is there 13 some reason why Mr. Quinonez is not awake for 14 this proceeding so that he can assure me that 15 he wants you to serve as his representative? 16 

### MS. VARGAS: Yes, he broke his 17 hand a couple of days ago. He's 60 years old 18 and he broke his hand. He's not feeling well 19 so he's medicated. He didn't sleep well last 20 night so he's sleeping right now. 21 

### JUDGE SULLIVAN: Okay. Are you 22 planning to appear on his behalf for other
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1 proceedings or do you know whether your father 2 3 MS. VARGAS: Absolutely, yes, if I 4 have to
-- 5 JUDGE SULLIVAN: I'm going to ask 6 you to wait, Ms. Vargas, until I finish 7 talking. My question to you is are you 8 planning to appear today just because he's on 9 medication or are you planning to appear 10 throughout the proceeding? 11 MS. VARGAS: Hello? Oh, okay. 12 You there? My apologies, my phone's acting 13 up. Can you hear me? Okay. 14 JUDGE SULLIVAN: I'll ask this 15 question again to you, Ms. Vargas. 16 MS. VARGAS: Thank you. 17 JUDGE SULLIVAN: And I want you to 18 wait until I finish asking the question. Can 19 you do that? 20 MS. VARGAS: Yes. 21 JUDGE SULLIVAN: Okay. Are you 22 planning to appear simply today for your
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1 father because he's on medication and unable 2 to attend or -- 3 MS. VARGAS: Yes. 4 JUDGE SULLIVAN: or are you 5 planning to appear for him throughout this 6 proceeding? 7 MS. VARGAS: Throughout this whole 8 proceeding. 9 JUDGE SULLIVAN: Okay. So what 10 that means to me is that you have discussed 11 this matter with your father and he does not 12 want to hire an attorney, 1s that correct? 13 MS. VARGAS: That is correct. 14 JUDGE SULLIVAN: Are you a lawyer 15 by any chance? 16 MS. VARGAS: I am not. 17 JUDGE SULLIVAN: Do you have any 18 legal experience and, if so, what kind? 19 MS. VARGAS: Legal experience, no. 20 JUDGE SULLIVAN: Okay. Have you 21 ever appeared as a representative for someone 22 in a court proceeding?
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### MS
. VARGAS : No
. 2 

### JUDGE SULLIVAN: All right. So 3 this would be your first time? 4 

### MS. VARGAS: Yes, it is. 5 

### JUDGE SULLIVAN: Okay. Can you 6 tell me what your educational background is? 7 For example, have you graduated from high 8 school, from community college, from college, 9 that kind of thing? 10 

### MS. VARGAS: I graduated from high 11 school in 1995 and I did go to one technical 12 school, Rob Roy Hair School, and I did not 13 graduate from that school. 14 

### JUDGE SULLIVAN: Okay. Do you 15 have anyparticular employment that deals with 16 reading, writing, communication? 17 

### MS. VARGAS: Yes, I'm a warehouse 18 supervisor and in that job you have to read, 19 write and communicate. 20 

### And I'm also a server. I serve 21 food at various restaurants and in also that 22 

### job you definitely have to read, write and
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### communicate with people. 2 

### JUDGE SULLIVAN: Okay, so you have 3 some experiences then responding to written 4 

### materials it sounds like. 5 

### MS. VARGAS: I do. 6 

### JUDGE SULLIVAN: Okay. Do you 7 

### have any experience in legal analysis? Have 8 

### you ever taken 9 

### MS. VARGAS: Only personal 10 experience. 11 

### JUDGE SULLIVAN: Okay. And I 12 

### don't want to get into a lot of personal data 13 with you because that's not necessary, but in 14 terms of personal experience, have you had a 15 chance to read legal documents before? 16 

### MS. VARGAS: I have. 17 

### JUDGE SULLIVAN: Okay. And in 18 terms of what you've read, have you read 19 things that are entitled Motions, Requests

-- 20 

### MS. VARGAS: I have. 21 

### JUDGE SULLIVAN: Okay. So you 22 

### have some smattering of knowledge about that.
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### MS. VARGAS: I do. 2 

### JUDGE SULLIVAN: Okay. Well, then 3 let me ask you first, are you planning to file 4 what's called a Notice of Appearance which is 5 a written document stating that you, in fact, 6 are planning to appear as your father's 7 official representative in this matter? 8 

### MS. VARGAS: If I have to, yes. 9 

### JUDGE SULLIVAN: I think you do, 10 yes. 11 

### MS. VARGAS: Okay, yes, then I'm 12 

### going to. As soon as our phone conference is 13 over, I believe I'm going to get some 14 paperwork in the mail at which time I will 15 read over and then, yes, definitely sign. 16 

### JUDGE SULLIVAN: Okay. 17 

### MR. SARGENT: Your Honor. 18 

### JUDGE SULLIVAN: Yes. 19 

### MR. SARGENT: Could I step in for 20 just a second? I'm sorry. 21 22 

### Sargent
.

(202) 234-4433 

### JUDGE SULLIVAN: Yes please, Mr.

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• 1 MR. SARGENT: My apologies. The 2 need for further clarification of the status 3 of Ms. Vargas's representation may be saved if 4

-- we've actually spoken earlier this morning 5 and it looks like we're going to be able to 6 negotiate a settlement in the matter, yes, to 7 obviate the need to further discuss the status 8 of representation or the filing of any future 9 documents. 10 And certainly, if that's not Ms. 11 Vargas's understanding, she can speak up. But 12 as I understand it, we've come to an agreement 13 and the paperwork that she was talking about 14 is the settlement paperwork

- 15 JUDGE SULLIVAN: Oh, I see. 16 MR. SARGENT: that we're going 17 to file on Monday that we'll exchange. 18 JUDGE SULLIVAN: Okay, well thank 19 you very much, Mr. Sargent, for that 20 clarification. That's helpful so 21 22

(202) 234-4433 MS. VARGAS: Yes thank you, sir. JUDGE SULLIVAN: Yes, Mr. Sargent,


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### 1 let me ask you this. What is it that you 2 would like to have done today then, given the 3 fact that you believe a settlement is 4 

### imminent? 5 MR. 

### SARGENT: Well, to be 6 completely honest, the only reason why we've 7 went through with the conference is because we 8 actually just settled the matter within the 9 hour. 10 

### JUDGE SULLIVAN: Okay. Well, it's 11 fine. I mean, this conference was set. You 12 need to appear if you have not done a final 13 settlement. 14 But it sounds to me like you don't 15 need to go through all of the litigation 16 process with the Court at this point. 17 It may be preferable, and I'm just 18 throwing this out as an option, to continue 19 this particular matter to a date certain with 20 the presumption of the parties at this point 21 that you may be settling prior to the next 22 litigation scheduling conference.
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### 1 MR. SARGENT: Your Honor, we can 2 

### certainly do that. I guess my question for 3 you would be as far as documentation or 4 

### communications with your office, what 5 typically would you like to see in the way of 6 documentation of a settlement? 7 

### JUDGE SULLIVAN: It depends on 8 what type of settlement that the two of you 9 reach. 10 For example, sometimes I'll get a 11 Notice from an FAA attorney that the FAA is 12 withdrawing its Complaint because of a 13 settlement. 14 Sometimes I get a Notice from the 15 Respondent stating that the Respondent is 16 withdrawing his or her or its Request for 17 Hearing. 18 Sometimes I get a Notice from the 19 FAA asking for an Order of Dismissal pursuant 20 to the regulatory authority that's cited. 21 Sometimes I get a Notice from both 22 

### parties saying, hey, we've settled. We've
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1 

### gone through certain settlement agreements. 2 Here it is. It's attached. Could you dismiss 3 the proceeding? 4 So you have a variety of different 5 options available to you and I accept all of 6 them. 7 

### MR. SARGENT: Okay. 8 

### JUDGE SULLIVAN: Okay? So it's up 9 to the two of you to decide what you would 10 prefer to have done. 11 MR. SARGENT: Okay. 12 JUDGE SULLIVAN: Okay, and then 13 what I'll do is I'll talk to you a little bit 14 about recalendaringbecause even with the best 15 intents I have had cases where people appear 16 before me, say they have everything almost all 17 done, they just have to dot some Is and cross 18 some Ts before the settlement is final, and 19 then lo and behold something happens and the 20 settlement falls through and they do, in fact, 21 then need to set up litigation. 22 So I'm going to err on the side of
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1 

### caution. I will continue this particular 2 conference out long enough so that the two of 3 you have plenty of time to exchange paperwork 4 and talk if that's what you need to do. 5 And then if you file settlement 6 papers, I will cancel the next conference and 7 I'll include that cancellation in the Order I 8 send out. 9 So, Mr. Sargent, looking at your 10 calendar and knowing what you know about this 11 case, how much time do you think I should set 12 this case out for? 13 MR. SARGENT: It will be certainly 14 feasible for us to finalize a settlement, I 15 

### mean, I anticipate it'11 

### be within a matter of 16 days. 17 So to be on the safe side, if you 18 wanted to continue it for 30 days I don't 19 think we'd need any more time than that. 20 JUDGE SULLIVAN: Okay. And, Ms. 21 Vargas, does that sound reasonable to you as 22 well, a 30-day continuance?
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### MS. VARGAS: Yes, it does. 2 

### JUDGE SULLIVAN: Okay. Well, 3 today is August 10, 2012. Thirty days from 4 now is approximately September 7, 2012. Mr. 5 Sargent, looking at your calendar, do you have 6 time available on September 7, 2012, for a 7 second CR 16 conference? 8 

### MR. SARGENT: It looks as though 9 September 7 would work. 10 JUDGE SULLIVAN: Okay, Ms. Vargas, 11 

### how about you? 12 MS. VARGAS: Yes. 13 

### JUDGE SULLIVAN: Okay. 14 

### MS. VARGAS: That schedule's fine 15 

### with me. 16 JUDGE SULLIVAN: Why don't we do 17 this. Why don't we reset this for the same 18 time, which would be 11:00 a.m. Eastern 19 Standard Time on September 7, 2012. 20 And then I will cancel that 21 conference if I receive settlement documents 22 

### prior to that time. The sooner you get

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### settlement documents in to me and I accept 2 them and issue an Order, the faster I can 3 cancel this conference. 4 

### MR. SARGENT: Okay. 5 

### JUDGE SULLIVAN: If for some 6 reason settlement does not occur, it all falls 7 through, which happens on occasion, then I 8 will plan to have a second telephone 9 conference with you both and we can talk about 10 setting up trial dates and other matters when 11 we reconvene on September 7, 2012. Does that 12 sound acceptable to you, Mr. Sargent? 13 

### MR. SARGENT: Yes, absolutely. 14 

### JUDGE SULLIVAN: And, Ms. Vargas? 15 

### MS. VARGAS: Yes. 16 

### JUDGE SULLIVAN: Okay. Now before 17 we end the telephone conference, Mr. Sargent, 18 I'm going to just mention something to you 19 that has come up at this office and you can 20 address it, if you will, with your colleagues. 21 We've had a variety of these types 22 of violations come up through to our office
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### 1 recently from various regions in the country. 2 

### And what's been of interest to us 3 is the fact that different FAA Counsel have 4 cited the same United States Code with 5 variations in the Section of the Code for the 6 maximum penalty. 7 

### We have had different maximums 8 cited to us ranging from a maximum of $1,100 9 for the type of violation that Mr. Quinonez 10 has been cited with to a maximum of $11,000 11 which is the maximum that you have cited to us 12 

### in this particular case, as have other 13 colleagues of yours in various parts of the 14 country. 15 We've done a research through the 16 legislative history and it appears that the 17 actual maximum for this type of violation is 18 $1,100 as some of your colleagues have 19 asserted to us. 20 And so I just want to put you on 21 

### notice about that. The research isn't 22 

### complete yet, but that's the preliminary
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### 1 finding and I wanted to let you know for 2 future reference. 3 

### MR. SARGENT: I will certainly do 4 

### that, Your Honor. Of note, as I understand 5 it, the civil penalty we had cited in the 6 matter was, in fact, $1,100 and not $11,000 7 for this violation. 8 

### JUDGE SULLIVAN: Right, you 9 certainly have come way below that, but 10 according to your Notice of Complaint and the 11 material that you cited in your Notice of 12 Complaint, you're saying on Page 2 of your 13 Notice of Complaint that the maximum penalty 14 per violation is $11,000. 15 

### MR. SARGENT: Oh, okay. I see 16 what you're saying. 17 

### JUDGE SULLIVAN: And I think that 18 may be incorrect, although the research is 19 still at the preliminary stage. 20 

### And I'm just telling you that 21 we've had different FAA attorneys cite a 22 different maximum. So some FAA attorneys have
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### 1 cited the maximum as $1,100 total and some, 2 like yourself, have cited in the Notice of 3 Complaint the maximum of $11,000 total. 4 So we went in and did a research. 5 We had one of the attorneys in the office. 6 Mr. Smith, who's sitting as an observer today, 7 did the research and his preliminary findings 8 appear to be that the maximum total would be 9 

### $1,100. 10 And I'm just kind of alerting you 11 to that fact as I'm alerting all the FAA 12 

### attorneys who appear before me because I want 13 to make sure that everybody's on the same page 14 in terms of the maximum, including this Court. 15 

### MR. SARGENT: Okay, thank you. 16 

### JUDGE SULLIVAN: You're very 17 welcome. So with that, Mr. Sargent, on behalf 18 of your client, the FAA, is there anything you 19 would like to add, correct or discuss on the 20 record before we finish today? 21 

### MR. SARGENT: I don't believe so 22 at this time.
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• 1 JUDGE SULLIVAN: Okay. And, Ms. 2 Vargas, on behalf of your father, Mr. 3 Quinonez, is there any question that you have 4 to ask or any matter you would like to address 5 before we close today? 6 

### MS. VARGAS: No. No, there's not. 7 No, thank you. 8 

### JUDGE SULLIVAN: Okay. Thank you 9 very much for your presence today, everybody. 10 It appears our business is complete. 11 I'll look forward to talking with 12 you on Friday, September 7, 2012, at 11:00 13 a.m. Eastern Time if, in fact, the parties, 14 

### you folks, do not settle. With that, I'11 15 wish you all a good day and we can go off the 16 record. 17 

### (Whereupon, the above-entitled 18 matter went off the record at 11:18 a.m.) 19 

### 20 21 22

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# •

•

• 24 C E R T I F I C A T E

This is to certify that the foregoing transcript

In the matter of: Daniel Quinonez

Before: 

### us DOT

Date: 08-10-12

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

NEAL R. GROSS
(202)234-4433 COURTREPORTERSANDTRANSCRIBERS 1323RHODE ISLANDAVE., N.W. WASHINGTON, D.C. 20005-3701 www.nealrgross.com