VIRGINIA:

 IN THE UNITED STATES

 DEPARTMENT OF TRANSPORTATION

 OFFICE OF HEARINGS

FEDERAL AVIATION ADMINISTRATION,

 COMPLAINANT,

VS. CASE NO. FDMS FAA-2013-1078

RENAISSANCE JET, INC.,

 RESPONDENT.

_____________________________________________________

 HEARING BEFORE THE

 HONORABLE J.E. SULLIVAN

 TUESDAY, OCTOBER 28, 2014

 10:33 A.M.

 HISTORIC JORDAN SPRINGS

 1160 JORDAN SPRINGS ROAD

 STEPHENSON, VIRGINIA 22656
FAA vs Renaissance Jet, Inc October 28, 2014 VR # 1064-2 Page 2

1 APPEARANCES

2 ON BEHALF OF THE COMPLAINANT,

3 FEDERAL AVIATION ADMINISTRATION:

4 ZACHARY M. BERMAN, ESQUIRE

5 OFFICE OF THE REGIONAL COUNSEL

6 EASTERN REGION, FAA

7 1 AVIATION PLAZA

8 JAMAICA, NEW YORK 11434

9 TELEPHONE: 718.553.3258

10 FACSIMILE: 718.995.5699

11

12 ON BEHALF OF THE RESPONDENT,

13 RENAISSANCE JET, INC.:

14 JOHN ADAMS HODGE, ESQUIRE

15 JOHN ADAMS HODGE AND ASSOCIATES, LLC

16 136 STONEMARK LANE, SUITE 110

17 COLUMBIA, SOUTH CAROLINA 29210

18 TELEPHONE: 803.783.9001

19 FACSIMILE: 803.783.9210

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FAA vs Renaissance Jet, Inc October 28, 2014 VR # 1064-2 Page 3

1 INDEX

2 Page

3

4 (NO EXAMINATION)

5

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7 EXHIBITS

8 Exhibit Page

9

10 (NONE MARKED)

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FAA vs Renaissance Jet, Inc October 28, 2014 VR # 1064-2 Page 4

1 HEARING BEFORE THE

2 HONORABLE J.E. SULLIVAN

3 TUESDAY, OCTOBER 28, 2014

4 10:33 A.M.

5 THE COURT: We're on the record, in the

6 matter of Renaissance Jet, Inc. This is Docket number

7 FAA-2013-1078. The parties have convened by telephone

8 for a pre-hearing status conference, today, on

9 Tuesday, October 28, 2014, at approximately 10:30 a.m.

10 The Complainant, the Federal Aviation Administration,

11 which I'll hereinafter refer to as the FAA, is

12 represented by its attorney of record, Mr. Zachary M.

13 Berman. The Respondent, Renaissance Jet, Inc., is

14 represented by its attorney, Mr. John Adams Hodge.

15 Also present at the Office of Hearing, sitting in as

16 an observer is Attorney, Cody L. Smith. Good morning

17 to you all.

18 As a recap, on May 13, 2014, there was

19 an Order setting litigation dates and procedures

20 filed. Since then, the parties have engaged in a

21 discovery. According to the May 13, 2014, litigation

22 plan, the parties were going to complete general

23 discovery by August 8, 2014, and file any and all

24 Dispositive Motions, by September 12, 2014. The

25 Court's record shows that no Dispositive Motions were
FAA vs Renaissance Jet, Inc October 28, 2014 VR # 1064-2 Page 5

1 filed. As a result, the Motion Conference was

2 automatically converted to a Pre-Hearing Status

3 Conference, and we're convening today, to discuss the

4 status of the case, and whether or not the parties are

5 continuing to plan to go to Hearing on February 3,

6 2015. So, Mr. Berman, why don't I start with you.

7 What's the status of the case, from your client's

8 position?

9 MR. BERMAN: Well, we've exchanged

10 discovery, and we're ready to proceed, go to Hearing.

11 We're still open to the possibility of settlement, but

12 we haven't had discussion of that recently.

13 THE COURT: Okay. According to the

14 Court's record, and the May 13, 2014, Order, there is

15 a January 9, 2015, due date to file your list of

16 witnesses, and a copy of all of your Exhibits. So, is

17 there any reason that that date would need to be

18 changed, at this point?

19 MR. BERMAN: No.

20 THE COURT: Anything else you'd like to

21 say, on behalf of your client, Mr. Berman, before I

22 turn to the Respondent?

23 MR. BERMAN: No, I don't have anything.

24 THE COURT: Mr. Hodge, let's talk a

25 little bit about your client. What's the status of
FAA vs Renaissance Jet, Inc October 28, 2014 VR # 1064-2 Page 6

1 the case, from your perspective?

2 MR. HODGE: Your Honor, we have also

3 exchanged discovery, and we are ready to proceed with

4 trial. As Mr. Berman says, if the parties could get

5 together, we certainly would be open to settlement,

6 and would certainly entertain any offers. We intend

7 to make a counter-offer, if that were the case, and

8 try to resolve it. But otherwise, we already, and I

9 don't foresee a problem, as far as providing the list

10 of witnesses and Exhibits. You know, possibly before

11 trial, if we could get closer to that point, we may be

12 asking the Court for several subpoenas as well. Other

13 than that, I think we're pretty well, ready to go.

14 THE COURT: I currently have the trial

15 schedule to be heard in Charlotte, North Carolina.

16 And so, what I will do is, I will have my staff, start

17 looking for a Courtroom, probably in a few weeks. So,

18 we usually need to get a Courtroom locked into place,

19 about two months prior to the actual Hearing. If you

20 are planning to engage in further settlement

21 discussions, I would encourage you to do that sooner,

22 rather than later, because there's a lot of work

23 involved from the office staff, in trying to contact

24 local Courthouses, work with the Court administrators,

25 and try to lock into reserving a visiting Courtroom.
FAA vs Renaissance Jet, Inc October 28, 2014 VR # 1064-2 Page 7

1 But as we all know, sometimes those settlement

2 discussions take their own time. And sometimes you

3 can't do it as quickly as anyone would like. But if

4 you are still looking into settlement discussions, the

5 Court would encourage you to do that, sooner, rather

6 than later.

7 Mr. Hodge, staying with you, is there

8 anything else, that we need to address for your

9 client? And I'm going to tag on a question to that.

10 Do you think it would be helpful for the Court to have

11 a second Pre-Hearing Status Conference in mid-December

12 or early January? Or are you good to go, as of this

13 point?

14 MR. HODGE: Your Honor, I would welcome

15 a Pre-Hearing Status Conference, because I believe as

16 we get closer to the time of trial, assuming that we

17 don't settle the matter, that we may have several

18 issues. I don't foresee anything major coming up, but

19 I just think it would be beneficial to the parties.

20 And at this point, I feel like we've got the

21 information from the FAA, and we've talked to our

22 witnesses, talked to our client. We're basically

23 ready to go, but obviously, there will probably be

24 some procedural issues that might arise, shortly

25 before the hearing. So a Status Conference, would be
FAA vs Renaissance Jet, Inc October 28, 2014 VR # 1064-2 Page 8

1 a great idea.

2 THE COURT: What kind of procedural

3 issues do you anticipate at this time, or are you just

4 erring on the side of caution?

5 MR. HODGE: Erring on the side of

6 caution from experience, but also the possibility of

7 just having to subpoena witnesses and that sort of

8 thing, to make sure we've got people to show up, that

9 can testify, as part of our case ... people that may

10 not be associated with Renaissance Jet anymore,

11 essentially.

12 THE COURT: I would encourage you to

13 get those subpoena requests in, as soon as possible.

14 MR. HODGE: Okay.

15 THE COURT: The reason I say that is

16 because ... if you have someone who challenges that

17 subpoena, that challenge is usually referred to the

18 ... I think it's the U.S. District Court, in this

19 particular venue. Mr. Berman, is that correct?

20 You're probably a little more familiar than I am.

21 MR. BERMAN: I'm actually not sure.

22 THE COURT: Okay. I'm taking a look

23 over at my observer, Mr. Smith, and he's nodding

24 vigorously. So I think the Court's recollection is

25 correct. In essence, if you get a subpoena and it's
FAA vs Renaissance Jet, Inc October 28, 2014 VR # 1064-2 Page 9

1 served, and it's served appropriately, Mr. Hodge, and

2 your witness, for whatever reason, wants to challenge

3 that, you want to leave enough time to be able to

4 respond to that challenge, prior to ...

5 MR. HODGE: Okay.

6 THE COURT: So, I would do that now ...

7 MR. HODGE: Okay.

8 THE COURT: ... unless settlement is

9 pending, and you're feeling comfortable, that it's

10 going to go forward. Mr. Berman, do you have any

11 objection to a second Pre-Hearing Status Conference,

12 in late December or early January?

13 MR. BERMAN: No.

14 THE COURT: Mr. Hodge, since this was

15 your recommendation, do you have a preference, in

16 terms of the month?

17 MR. HODGE: I would think sometime in

18 mid-January, and in terms of day of the week, my

19 schedule really varies. So, I would say, probably

20 mid-week. And I don't have my calendar ... well, I've

21 got a calendar on the computer here.

22 THE COURT: I'm just going to suggest

23 some things, and then, Mr. Berman, if that doesn't

24 work for you, we can talk about something else. I'm

25 looking at my January 2015 calendar. Would January
FAA vs Renaissance Jet, Inc October 28, 2014 VR # 1064-2 Page 10

1 13th in the early afternoon, work for you, Mr. Berman?

2 MR. BERMAN: Yes, that would be fine.

3 THE COURT: Okay, and Mr. Hodge, how

4 about you?

5 MR. HODGE: Yes, at this time, that

6 looks good.

7 THE COURT: Why don't we plan on

8 convening then, on January 13, 2015, at 1:30 p.m., for

9 a second Pre-Hearing Conference. In essence, that is

10 a few days, after you have filed your list of

11 witnesses, your copy of the Exhibits, and any and all

12 written stipulations or agreed motions in ... So it

13 will be the final discussion, before the Court joins

14 you in North Carolina for a Hearing. With that, on

15 behalf of the FAA, Mr. Berman, is there anything else,

16 that the Court can assist you with, or discuss with

17 you, on behalf of your client today?

18 MR. BERMAN: No.

19 THE COURT: Okay, Mr. Hodge, same

20 question to you.

21 MR. HODGE: Nothing, Your Honor, thank

22 you.

23 THE COURT: Thank you both very much.

24 I'll be sending out an Order, codifying the date and

25 time, that we've just agreed to, to reconvene in
FAA vs Renaissance Jet, Inc October 28, 2014 VR # 1064-2 Page 11

1 January 2015. With that, I wish you luck in your

2 settlement negotiations, and a very happy holiday to

3 you both in the interim. We can go off the record,

4 and I wish you all a good day. Thank you.

5 MR. HODGE: Thank you, Your Honor.

6 THE COURT: All right, goodbye.

7 MR. HODGE: Bye-bye.

8 (WHEREUPON, the hearing was concluded at 10:44 a.m.)

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FAA vs Renaissance Jet, Inc October 28, 2014 VR # 1064-2 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, Ernest L. Dean, Jr., 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 4th day of November , .

Notary Registration Number: 7528819

My Commission Expires: 

Ernest L. Dean, Jr.

08/31/2016

2014
FAA vs Renaissance Jet, Inc October 28, 2014 VR # 1064-2 Page 14

1

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basically

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FAA vs Renaissance Jet, Inc October 28, 2014 VR # 1064-2 Page 15

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counter-offer

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recollection

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