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.

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HEARING BEFORE THE HONORABLE J.E. SULLIVAN TUESDAY, OCTOBER 28, 2014 10:33 A.M. HISTORIC JORDAN SPRINGS 1160 JORDAN SPRINGS ROAD STEPHENSON, VIRGINIA 22656FAA vs Re naissance Jet, Inc October 28, 2014 VR # 1064-2 Page 2

1 APPEARANCE S 2 ON BEHALF OF THE COMPLAINANT, 3 FEDERAL AV IATION ADMINISTRATION: 4 ZACHARY M . BERMAN, ESQUIRE 5 OFFICE OF THE REGIONAL COUNSEL 6 EASTERN RE GION, FAA 7 1 AVIATIO N PLAZA 8 JAMAICA, NEW YORK 11434 9 TELEPHONE: 718.553 .3258 10 FACSIMILE: 718.995 .5699 11 12 ON BEHALF OF THE RESPONDENT, 13 RENAISSANC E JET, INC.: 14 JOHN ADAM S HODGE, ESQUIRE 15 JOHN ADAMS HODGE AND ASSOCIATES, LLC 16 136 STONEM ARK LANE, SUITE 110 17 COLUMBIA, SOUTH CAROLINA 29210 18 TELEPHONE: 803.783 .9001 19 FACSIMILE: 803.783 .9210 20 21 22 23 24 25FAA vs Renaissance Jet, Inc October 28, 2014 VR # 1064-2 Page 3

1 INDEX 2 Page 3 4 (NO EXAMINATION) 5 6 7 EXHIBITS 8 Exhibit Page 9 10 (NONE MARKED) 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25FAA 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 wereFAA 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 ofFAA 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 beFAA 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'sFAA 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 JanuaryFAA 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 inFAA 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.) 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25FAA 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. 6 7 It was requested that the matter be taken by the 8 reporter and that the same be reduced to typewritten 9 form. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 251 2 3 4

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