# v c 

# - ORIGINAl U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS

WASHINGTON, D.C.

IN THE MATTER OF: FDMS NO. FAA-2011-1005 COASTAL AIR TRANSPORT, INC. RESPONDENT

MOTIONS HEARING BEFORE THE HONORABLE JUDGE J. 

### E. SULLIVAN 01



### OCTOBER 23, 2012 10:27 A.M. 0



# RECEIVED NOV- 12012 

# HEARING DOCKET

800.262.8777 www.CountyCourtReporters.com 877.837.8313FAAvs COASTALAIR HEARING October23, 2012 Case Ref# 16870-2 Page2 1 APPEARANCES: 2 3 ON BEHALF OF THE PLAINTIFF: 4 RASHAWN RICH GEORGE 5 OFFICE OF THE REGIONAL COUNSEL, AS0-7 6 P .0. BOX 2063 6 7 ATLANTA, GEORGIA 30320 8 p: (404) 305-5200 9 

### J ' 10 ON BEHALF OF THE DEFENDANT : 11 MICHAEL FOSTER, PRESIDENT 12 COASTAL AIR TRANSPORT, INC. 13 P.O. BOX 3985 14 CHRISTUANSTED, VIRGIN ISLAND 00822 15 P: (304) 773-6862 16 17 18 19 20 21 22 23 24 25

The Reporters Group CcoQuntUy

# RT~,EP'QRTERS' Court Reporting,Video Stephenson, VA 1.**~** , •Inc. & LitigationTechnology**www.rep~~m** Vldeography LitigationTechnology yyyvw.advlegaltech.com Corporate: HistoricJordanSprings t, 1160JordanSpringsRoad t Stephenson, VA22656 800.262.8777 www.CountyC_ourtReporters.com 877.837.8313FAAvs COASTALAIR HEARING October23, 2012 Case Ref#16870-2 Page 3 1 MOTIONS HEARING 2 October 23, 2012 3 THE JUDGE: We are on the record in the 4 matter of Coastal Air Transport, Inc. This is Docket 5 Number FAA-2011-1005. The date is Tuesday, October 23, 6 2012 and the parties have convened for oral argument on 7 a Motion filed by the FAA, and essentially, it's a 8 Motion for a dispositive ruling on the alleged 

### 9 violation. And, we'll talk about that in a minute. 10 Present on behalf of the FAA is it's attorney 11 of record, Rashawn Rich George. Present on behalf of 12 Coastal Air Transport, Inc., is its lawyer 13 representative, Michael Foster who's also President of 14 the company. In addition, present at the Office of 15 Hearings, sitting in as an observer is Cody L. Smith, 16 an attorney who works in this office. 17 Good morning everybody. 18 MR. FOSTER: Good morning. 19 MS. RASHAWN: Good morning. 20 THE JUDGE: Let's talk just briefly about a 21 couple preliminary matters. As you all know, on 22 February 23rd, 2012, the FAA filed a Motion For 23 Decision on the Pleadings wherein the Alternative of 24 Motion For Hearing on Sanctions only. There were 25 subsequent Pleadings after February 23rd, 2012 that led

The Reporters Group Stephenson,VA wwwreportersgroup,com County

## ~ 

# COURT. . EPORTERS.anc. Vldeography

# ~ltigationTechnology Court Reporting. Video & Litigation Technology www.advlggaltech.com Corporate: HistoricJordanSprings t 1160JordanSpringsRoad t Stephenson, VA22656 800.262.8777 www.CountyCourtReporters.com 877.837.8313FAAvs COASTALAIR HEARING October23, 2012 Case Ref# 16870-2 Page4 1 up to today's particular conference. And I'm not going 2 to go through and list all of those different Pleadings 3 because we've had quite a few of them. But suffice to 4 say, on July 23rd, 2012, the FAA filed an Agency Brief 5 in support of its Alternate Motion For Hearing on 6 Sanction only. The parties then appeared on July 30, 7 2012 for a Rule 16 litigation scheduling conference, 8 and during that conference, one of the things we did 9 was set up today's date and time for oral argument on 10 the Motion. So, let me ask a couple of questions to 11 you first, Ms. George. You had indicated on July 23rd, 12 2012, that you were filing a Brief in support of the 13 Alternate Motion for Hearing on Sanction Only. The 14 actual Brief, however, makes some argument and

...and 15 has some discussion about the civil penalty of $59,600, 16 which you're also seeking ultimately as a penalty in 17 this matter. I read that simply to be an explanation 18 of where you might go if the Motion was granted. I did 19 not read that as an inclusion for the Motion today. 20 Would that be a fair reading of what your Brief was 21 trying to achieve on that issue? 22 MS. GEORGE: Initially, when we filed our 23 Motion for a decision, it was our intent to, at that 24 time, provide information to the Office of Hearings 25 that would support the

...excuse me, the civil penalty

TheReporters Group Stephenson,VA www.reportersgroup.co_m. 

# COURT.G,ePORTeRs ""'"-·"\/IdEo Videography

## ~.itigationTechnology 'Inc.

## &=:::egT:,~::~~ Corporate: HistoricJordanSprings t. 1160JordanSpringsRoad t. Stephenson, VA22656 800.262.8777 www.CountyCourtReporters.com 877.837.8313FAAvs COASTALAIR HEARING October23, 2012 Case Ref#16870-2 Page 5 1 that we initially proposed in our Complaint that we are 2 seeking. The Motion for Hearing on Sanction Only was 3 filed in July provides subsequent evidence based upon 4 the Respondent's answer that he had filed. At that 5 time, the lack of response to the agency's discovery 6 and to support if there was a finding that there wasn't 7 enough to grant a decision on the Pleading that the 8 limited scope of a Hearing on Sanction Only would be 9 appropriate. 10 THE JUDGE: Okay, so essentially, your Motion 11 is simply to find

...you're asking The Court to make 12 some findings on the violations. 

### 13 MS. GEORGE: Yes. 

### 14 THE JUDGE: You're not asking The Court today 15 to make a finding on the civil penalty that you're 16 proposing? 17 MS. GEORGE: We have provided information in 18 our Brief in support of the hearing on, excuse me, in 19 our...actually, in both of the documents regarding the 20 agency's penalty guidelines and the application of 21 those penalty guidelines to this particular case. 22 THE JUDGE: I know you have, and that's why 23 I'm asking you, what relief are you seeking from this 24 administrative court today? 25 MS. GEORGE: We are seeking if there was a

The Reporters Group ccoountuy

# R,.riiePORT

· 1_.**~** · 

# ERS Court Reporting, Video

## =~~p.com Videography litigationTechnology 'Inc. &LitigationTechnology www.advlegaltech.com Corporate: HistoricJordanSprings t 1160JordanSpringsRoad 

### c Stephenson, VA22656 800.262.8777

. ·www.countyCOurtReporters.com 877.837.8313FAAvs COASTALAIR HEARING October23, 2012 Case Ref# 16870-2 Page6 1 ruling on a decision on the pleadings in our favor for 2 the assignment of the $59,600 civil penalty because it 3 is in

...it is in accordance with the agency's penalty 4 guidelines as they have been presented. However, if 5 The Court decides that we do not have enough at this 6 time to have a decision on the Pleadings, and therefore 7 an application of the $59,600, then we're arguing that 8 the hearing should only be for us to determine what 9 that sanction should be. 10 THE JUDGE: Well let's talk about that for 11 just a moment because, one of the things that I look at 12 is what notice have you given to the opposing side and 13 to this administrative body of the relief that you're 14 seeking? And, when I look at the July 23rd 2012 agency 15 Brief in support of the Alternate Motion for Hearing on 16 Sanction Only, that says to me that you're giving 17 public and primary notice in the title of your 18 paperwork as to limitation of relief that you're 19 seeking. 20 And so I'm bringing it up because, if that 21 was not in fact what you had planned to ask this court 22 for, I think that in the future you might want to 23 retitle your paperwork, because that type of language, 24 and that type of title to the paperwork you present, is 25 the primary notice you give to your opponent in

The Reporters Group Stephenson,VA**www.reportc;~roup.com** County

## ~ 

# COURT: , EPORTERS.tnc. Vldeography

# ~ltlgationTechnology Court Reporting, Video & litigationTechnology www.advlegalta;h.com Corporate: HistoricJordanSprings t 1160JordanSprings Road t Stephenson1 VA22656 800.262.8777 www.CountyCourtReporters.com 877.837.8313FAAvs COASTALAIR HEARING October23, 2012 Case Ref# 16870-2 Page 7 1 litigation as to what you want. And I would be hard2 pressed at this point to tell the respondent that had 3 proper notice, that this particular oral argument was 4 for something that goes beyond the violations 5 themselves. Does that make sense to you? 6 MS. GEORGE: I understand your point, Your 7 Honor. 8 THE JUDGE: Okay. Thank you. For this 

### 9 proceeding, I will find that we are limited to the 10 issue of the violation and we're going to be talking 11 about that a bit more. Let's talk then, Ms. 12 George, about the sixteen violations that you've 13 alleged in your Complaint. You indicated in the Brief 14 that you filed on July 23rd, 2012, that you have five 15 different categories into which these sixteen 16 violations are collected, if you will. Do you remember 17 that particular material in your Brief? 18 MS. GEORGE: Yes, Your Honor. 19 THE JUDGE: Okay. You did not, however, go 20 the next step and tell me which of the sixteen 21 violations should be collected under each of those five 22 categories. And, I'm wondering if you could tell me 23 that now. 24 MS. GEORGE: If you give me one second, Your 25 Honor to review them.

The Reporters Group Stephenson,VA www.reportersgrQYR.com County

## ~ COURT.

. EPQRTERS,Inc. Vldeography f.f!ltlgatlonTechnology Court Reporting. Video & Litigation Technology www.advlegaltech.com Corporate: HistoricJordanSprings t 1160JordanSpringsRoad t Stephenson, VA22656 800.262.8777 www.CountyCourtRepo.rters.com 877.837.8313FAAvs COASTALAIR HEARING October23, 2012 Case Ref# 16870-2 Page 8 1 (WHEREUPON, Counsel reviewed the documents.) 2 THE JUDGE: Ms. George, I thought you might 3 have your list right there that you could read from 4 but, if you do not, what I can do is defer that 5 particular question for the moment. 6 MS. GEORGE: If you would, that would be very 7 helpful. I have

...I'm looking at the agency's civil 8 penalty guidance and we have in our...excuse me, 

### 9 February 21st filing for the Motion on Decision of 10 Pleadings and are now turned to our Motion for Hearing 11 on Sanction Only on page 4 identified which of these 12 sections of the civil penalty guidelines, the 13 Respondent was in violation of, the subcategories. 14 However, of the sixteen regulatory violations, those 15 are not specifically broken out. 16 THE JUDGE: Okay. 17 MS. GEORGE: And so, I would have to take the 18 time to

...to match up the sixteen to those 19 subcategories. 20 THE JUDGE: Okay. The reason I ask, and the 21 reason I think it's important to ask, is because in 22 looking at the sixteen different violations that you've 23 alleged in your Complaint on pages 3, 4 and 5 of the 24 original Complaint, it looked to me as though there was 25 a lot of duplication in the violations alleged. For

The Reporters Group Stephenson,VA**www.report~roup.com** County

## ~ 

## COURT: EPQRTERS.Inc. Videography

# ~itigatlonTechnology Court Reporting. Video & litigation Technology www.advlegaltech.com Corporate: HistoricJordanSprings t 1160JordanSpringsRoad t Stephenson, VA22656 800.262.8777 www.CountyCourtReporters.com 877.837.8313FAAvs COASTALAIR HEARING October23, 2012 Case Ref# 16870-2 Page9 

### 1 example, and I'm going to go to page 3 of the 2 Complaint, which is entitled, Paragraph 3, and then it 3 starts off identifying the violations 1 through 16, and 4 I want to give you a minute to go to your Complaint and 5 to give Mr. Foster a chance to look at the Complaint 6 too as we talk about this. 7 MS. GEORGE: 

### I have it, Your Honor. 8 THE JUDGE: 

### Okay. Let's look at Complaints 9 number 1 and 2. Complaint number 1 talks about a 10 violation of 49CFR, Section 171.2, subsection 8. It 11 alleges that the Respondent accepted hazardous 12 materials for transportation aboard an aircraft when 13 the material was not properly classed, described, 14 packaged, marked, labeled and in condition for shipment 15 as required or authorized by applicable requirements of 16 the subchapter, okay? Section

...violation number 2, 17 which is right below that material on page 3, alleges, 18 again, a violation of 49CFR, Section 171.2b in that the 19 Respondent transported after acceptance, hazardous 20 material. 21 And again, talks about the applicable 22 requirements of the subchapter, absent and exception, 23 and so forth. Those appear to be two very primary, 24 general violations that rely upon reference to 25 subsections within the hazardous material regulation.

The Reporters Group Stephenson,VA l!!OM!YJ'SPQrtersgroup.com County

## ~ 

## COURT. EPQRTERS, Inc. Videography tf!ltigatlonTechnology Court Reporting.Video &litigationTechnology www.advlegaltech.com Corporate: HistoricJordanSprings t 1160JordanSpringsRoad t Stephenson, VA22656 800.262.8777 www.CountyCourtR.eporters.com 877.837.8313FAAvs COASTALAIR HEARING October23, 2012 Case Ref# 16870-2 Page 10 1 I then turn the page to page 4 of the Complaint, and I 2 have before me, violations 3 through 12 on page 4 and, 3 many of those violations appear specifically to be 4 parts of the subsection that support and are referenced 5 by violations 1 or 2. So for. example, just as an 6 example, violation number 3, references me to 49CFR, 7 section 175.3 and talks about the Respondent accepting 8 for transportation or, transporting about the aircraft, 9 hazard

... not prepared in accordance with this 10 subchapter. 11 That looks like it's exactly the same as 1 or 12 2. And so, I'm

...I'm concerned that there's been some 13 duplication of these particular violations that make it 14 difficult for me to find, to follow your argument, 15 that all of them are separate and distinct from each 16 other. And so, when I ask you, as I will in a few 17 minutes, to present your primary argument on behalf of 18 Summary Judgment, I will be asking you about this kind 19 of thing. There was mult

...there were multiple 20 instances that it appeared on its page in this 21 Complaint where the violations looked almost identical 22 to each other or, appear to be the subsection that 23 violations number 1 and 2 relied upon to

...to prove 24 that violations 1 or 2 existed. So, I have a lot of 25 confusion about that that I'm hoping that you can help

The Reporters Group Stephenson. VA**www.repo~oup,com.** County 

# rli COURT: EPQRTERS. Inc. Vldeography U!itigatlonTechnology Court Reporting. Video & litigationTechnology www.advlegaltech.com Corporate: HistoricJordanSprings t 1160JordanSprings Road t Stephenson, VA22656 800.262.8777 www.CountyCourtReporters.com 877.837.8313FAAvs COASTALAIR HEARING October23, 2012 Case Ref# 16870-2 Page 11 

### 1 clear up for me. 2 Let me talk next about the FAA's Exhibits 3 that are attached to the July 23rd, 2012 agency Brief 4 in support of the Alternate Motion for Hearing on 5 Sanction Only. It appeared to me, first and foremost, 6 that Exhibits-6, 10, 11, 12 and 13 are simply copies of 7 legal material which this Administrative Court deeply 8 appreciates and thanks the FAA for providing but, these 9 would not be considered testimonial evidence for 10 purposes of finding facts that exist. They're simply 11 submitted, as I understand it, to support the legal 12 arguments of violations. Would that be a fair summary 13 of the purpose of the attachment, Ms. George? 14 MS. GEORGE: 

### Yes, Your Honor. 15 THE JUDGE: 

### Okay. And then looking at 16 Exhibits-3, 4 and 9, it appeared to me from the 17 material that both parties submitted, that Exhibits-3, 18 4 and 9 are Exhibits that both parties agree are 19 authentic. Would that also be your understanding? 20 MS. GEORGE: 

### Yes, Your Honor. 21 THE JUDGE: 

### Okay. That leaves us with 22 Exhibits-1, 2, 5, 7 and 8 to discuss. And before I ask 23 you any other questions about that, I'm going to turn 24 then to Mr. Foster. 25 Mr. Foster, when I looked at the different

The Reporters Group Sb;:phenson, VA www.reportersgroup.com County

## ~ 

## COURT. EPQRTERS,Inc. 1 Videography

# ~ltigatlonTechnology Court Reporting. Video & Litigation Technology www.advlegaltech.com Corporate: HistoricJordanSprings t 1160JordanSpringsRoad t Stephenson, VA22656 800.262.8777 www.countyCourtR.eporters.com 877.837.8313FAAvs COASTALAIR HEARING October23,2012 Case Ref# 16870-2 Page 12 1 types of answers and responses tpat you have filed that 2 appear to address this particular Motion today, I gave 3 you the widest benefit of consideration. So, for 4 example, any type of document that you submitted that 5 referenced the allegations and that was dated and 6 signed by you, could be considered by this Court a 7 response. And to give you an example of that

...I'm 8 going to pull up my paperwork, here

... 9 (WHEREUPON, The Judge examined the 1

## o documents. ) 11 THE JUDGE: You had a letter dated March 22, 12 2012 that was entitled, Answer to FAA's Motion for 13 Decision Should Not be Granted. You also had a Motion 14 to Dismiss that you signed and dated March 23rd, 2012. 15 You submitted on July 9

...or you dated it, excuse me, 16 and signed it on July 9, 2012 an Opposition to Hearing 17 on Sanction Only. Lastly, you also had signed and 18 dated on August 7th, 2012 a Respondents Answer to 19 Initial Discovery, which had some merit to the 20 information about the Respondent's position regarding 21 all of these violations. Lastly, you also had signed 22 and dated on August 7th, 2012 the Respondent's answer 23 to General Discovery and Production of Documents, which 24 again, I

...I thought had some narrative comments on 25 answers that were applicable to today's proceeding.

The Reporters Group Stephenson,VA**~reportersgroup.corn** County

## ~ 

## COURT: EPQRTERS,Inc. Vldeography

# ~itigationTechnology Court Reporting. Video & litigationTechnology www.adviEgaltech.com Corporate: HistoricJordanSprings t 1160JordanSpringsRoad t Stephenson1 VA22656 800.262.8777 www.eountyCourtReporters.com 877.837.8313FAAvs COASTALAIR HEARING October23, 2012 Case Ref# 16870-2 Page 13 1 Other than those five documents that I've just 2 outlined, was there anything else that you filed, that 3 you think is applicable to your response to this 4 Motion? 5 MR. FOSTER: Your Honor, I don't have my full 6 file in front of me. I have several attorneys in the 7 Washington area that I met with in Florida back in 8 July, and I left them with the file and they were 9 sending copies back to me, which I have not received 10 yet so, I

...I don't have that right in front of me. 11 The second part of it, they have been in touch with 12 attorney George to try and negotiate a ...a settlement 13 in this case. 14 THE JUDGE: Have you hired someone to 15 represent you or is this all still an informal 16 proceeding? 17 MR. FOSTER: It's informal as of now. These 18 are...the one lady is a family member

...extended family 19 member and she has her partner also working. Now, her 20 partner is going into surgery today and

...and Ms. 21 Roberts had a prior engagement so, she was not able to 22 be involved in this

...this conference. I did talk to 23 her this morning but, she had been in contact with Ms. 24 George and I guess they're working on some type of 25 resolution.

The Reporters Group Stephenson.VA wwwreportEr!!groyp.com County

## ~ 

## CQUR"'[ EPQRTERS,Inc. Videography

# ~ltigationTechnology Court Reporting, Video & litigationTechnology www.advlegaltecb.com Corporate: HistoricJordanSprings t 1160JordanSpringsRoad 

### c Stephenson, VA22656 800.262.8777 www.countyCourtReporters.com 877.837.8313FAAvs COASTALAIR HEARING October23, 2012 Case Ref# 16870-2 Page 14 1 MS. GEORGE: 

### Your Honor, actually I was 2 contacted by a Melissa Linbaugh from Maryland. She 3 indicated that she had not filed a Notice of Appearance 4 in this matter and that they wanted to know if there 5 was any room for settlement discussions. I indicated 6 once we receive a Notice of Appearance, I was happy to 7 engage in those types of discussions with them. 8 THE JUDGE: 

### Okay. And Ms. George, when did 9 you have that contact? 10 MS. GEORGE: 

### That was on yesterday afternoon. 11 THE JUDGE: 

### And yesterday was October 22nd, 12 2012? 13 MS. GEORGE: 

### Yes, Your Honor. 14 THE JUDGE: 

### Okay. Mr. Foster, let's get back 15 to you about this. You indicated that you first 16 started providing information to these helpers in July 17 of 2012. 18 MR. FOSTER: 

### Yes I did, Your Honor and 19 they've been trying to reach attorney George for I 20 guess the last several weeks, anyway and she has not 21 been available. 22 MS. GEORGE: 

### Your Honor, the first phone call 23 I received was on... 24 THE JUDGE: 

### Ms. George, I'm going to stop 25 you. MS. GEORGE:

...for 8

...

The Reporters Group Stephenson. VA l!lfWW.reportersgroup.com County

## ~ 

## COURT:

.. EPORTERS,,nc. Vldeography

# ~ltlgationTechnology Court Reporting, Video & litigationTechnology www,advlegaltech.com Corporate: HistoricJordanSprings t 1160JordanSpringsRoad t Stephenson, VA22656 800.262.8777 www.CountyCourtReporters.com 877.837.8313FAAvs COASTALAIR HEARING October23, 2012 Case.Ref# 16870-2 Page 15 

### 1 THE JUDGE: 

### Ms. George, I'm going to stop 2 you. I haven't asked to hear from you yet. Thank you 3 so much. 4 MS. GEORGE: 

### I apologize. 5 THE JUDGE: 

### Yes. Mr. Foster, let me ask you 6 this, July was approximately three months ago. You've 7 had notice of this particular conference since I issued 8 the Order Setting Litigation Dates and Procedures on 9 July 31, 2012. So, I guess my question to you is, are 10 you planning to hire someone, and if so, when are you 11 going to do that? If not, then where

...how can you 12 effectively represent your company this morning if you 13 don't have your file or your paperwork with you? 14 MR. FOSTER: 

### That's correct, Your Honor. 15 I

...they were supposed to have sent it back to me and I 16 have not received the information yet. They had

...Ms. 17 Roberts had asked for me when I came up to Florida to 18 bring the

...bring the file with me and she wanted to 19 review it and give me her personal advice and, I guess 20 she's been tied up since then and she's brought her 21 partner in, Ms. Lin

... Linbaugh I guess is his name, 22 and I did speak with her several days ago. 23 THE JUDGE: 

### Okay. Well, lets talk a little 24 bit about who these folks are. As I understand it, Ms. 25 Roberts is the family member that you were seeking some

The Reporters Group Stephenson,VA**www.reportersgroupJ;Q~D** County

## ~ 

## COURT. EPQRTERS. Inc. Videography

# ~itlgationTechnology Court Reporting, Video & Litigation Technology www.advlegaltech.com Corporate: HistoricJordanSprings t 1160JordanSpringsRoad i Stephenson, VA22656 800.262.8i77 www.CountyCourtReporters.com 877.837.8313FAAvs COASTALAIR HEARING · October23, 2012 Case Ref# 16870-2 Page 16 1 help from? 2 MR. FOSTER: That's correct. 3 THE JUDGE: And Ms. Linbaugh is her 4 professional law partner? 5 MR. FOSTER: That's correct. 6 THE JUDGE: Okay. And Ms. Roberts, your 7 family member, has some medical issues that resulted in 8 her going into the hospital recently? 9 MR. FOSTER: That was Ms. Linbaugh who is in 10 surgery today. 11 THE JUDGE: I see. 12 MR. FOSTER: Which I was not aware of. 13 THE JUDGE: How long has Ms. Roberts been in 14 possession of most of your litigation file? 15 MR. FOSTER: Since roughly the end of

...the 16 end of July. 17 THE JUDGE: And, Ms. Roberts is located 18 where? 

### 19 MR. FOSTER: She lives in Baltimore, 20 Maryland. 21 THE JUDGE: Okay. And you are currently 22 living in St. Croix, the Virgin Islands? 23 MR. FOSTER: That's correct. 24 THE JUDGE: And you are a pilot according to 25 the undisputed facts in this case? How often do you

The Reporters Group Stephenson,VA**ll.\tWlM.~rt~Q.YR.COm** County

## ~ 

# COURT:

.EPORTERS.tnc. Videography

# ~ltigationTechnology Court Reporting, Video & LitigationTechnology www,advlegaltech.com Corporate: HistoricJordanSprings t 1160JordanSpringsRoad t Stephenson, VA22656 800.262.8777 www.CountyCourtReporters.com 877.837.8313FAAvs COASTALAIR HEARING October23, 2012 Case Ref# 16870-2 Page 17 1 get up to Baltimore, Maryland to see Ms. Roberts? 2 MR. FOSTER: I do not, Your Honor. 3 THE JUDGE: When was the last time that you 4 personally had contact with either Ms. Roberts or Ms. 5 Linbaugh about this particular case? 6 MR. FOSTER: I have not met Ms. Linbaugh 7 personally, I have spoken with her on the phone. Ms. 8 Roberts

...we got together the

...let's say the end of 9 July in Florida. 10 THE JUDGE: Okay. Well lets

...let me ask you 11 this., so, as of the end of July 2012, you met 12 personally with Ms. Roberts in Florida, sounds like, is 13 that fair to say? 14 MR. FOSTER: That's correct. 

### 15 THE JUDGE: After the end of July 2012, have 16 you had any contact either by phone, by fax, by e-mail 17 or by telephone, in any...any contact with Ms. Roberts 18 between

... 19 MR. FOSTER: We have spoken several times on 20 the phone. 21 THE JUDGE: When was the last time you spoke 22 with Ms. Roberts on the phone? 23 24 25

The Reporters Group Stephenson.VA www:reportersgroup.com MR. FOSTER: Yesterday. THE JUDGE: Okay. MR. FOSTER: This morning I spoke with her

Court Reporting.Video &litigationTechnology www.adviEgaltech.com Corporate: HistoricJordanSprings t 1160JordanSpringsRoad i Stephenson, VA22656 800.262.8777 www.CountyCourtReporters.com 877.837.8313FAAvs COASTALAIR HEARING October23, 2012 Case Ref#16870-2 Page 18 1 and she advised me that I requested that she be part of 2 this discussion today, and apparently, she already had 3 another case that she was on and she informed me that 4 Ms. Linbaugh was going into surgery. 5 THE JUDGE: Do you know the nature of the 6 surgery without getting too specific? Is it something 7 that would be like an open-heart surgery that would 8 require an extended stay in the hospital? 9 MR. FOSTER: I don't know, Your Honor. We 10 didn't discuss it. 11 THE JUDGE: Did you by any chance, talk to 12 Ms. Roberts about the nature and gravity of this 13 particular Motion today? Was she aware that this was 14 the Motion for Summary Judgment in essence? 15 MR. FOSTER: I did, Your Honor and again, I 16 don't have the file in front of me. I had called her 17 up last week because I was aware that there was a ...a 18 teleconference this week and that's when she advised 19 me, yes it was, you know, it was today at 10:30. I

...I 20 should have made copies of the information I took up to 21 Florida and I expected to bring them back with me. I 22 didn't and I

...I have not received the copies yet, so. 23 THE JUDGE: Okay. Okay. Have you and Ms. 24 Roberts discussed at any time having her appear on your 25 behalf either as an amicus, you know, a friend, family

The Reporters Group Stephenson,VA Y!/Y'!Y!l,reportersgroup.com County

## ~ 

## CQUR"J: ·EPQRTERS. Inc. Videography U!itigatlonTechnology Court Reporting, Video &litigationTechnology www.advlegalteth.com Corporate: HistoricJordanSprings t 1160JordanSpringsRoad t Stephenson, VA22656 800.262.8777 www.CountyCourtReporters.com 877.837.8313FAAvs COASTALAIR HEARING October23, 2012 Case Ref# 16870-2 Page 19 1 friend or as a hired representative? 2 MR. FOSTER: Yes we have, Your Honor. 3 THE JUDGE: Okay. In

...in your discussions 4 with Ms. Roberts, without going into any detail, did 5 she at any time explain to you the ramifications of 6 what would happen today if the Court found Summary 7 Judgment against your...your client? 8 MR. FOSTER: No I

...no she did not, Your 9 Honor. I was not aware of

...of this particular 10 purpose. I thought this was a scheduling conference. 11 I wasn't aware that there was a judgment involved. 12 THE JUDGE: Well, if you look at

... 13 MR. FOSTER: I had originally

... 14 THE JUDGE: I'm sorry sir. Go ahead. 15 MR. FOSTER: I was originally talking with 16 Ms. Roberts because I was frustrated and

...and

...in the 17 way that the case was going and I had asked her that 18 how could we come up with some sort of settlement on 19 this and that's when

...that's when she said she would 20 get involved and give me some information on that. 21 THE JUDGE: Okay. I know you don't have your 22 file with you, but if you looked at the July 31, 2012 23 Order Setting Litigation Dates and Procedures, you 24 would have seen on page 2, paragraph 7, that this 25 particular conference was set up specifically for oral

The Reporters Group Stephenson. VA www,reportersgi'QYP..com County

## ~ 

# COURT: EPORTERS.1nc. Videography

# ~ltlgationTechnology Court Reporting.Video flr Litigation Technology www.advlegaltech.com Corporate: HistoricJordanSprings t 1160JordanSpringsRoad t Stephenson, VA22656 800.262.8777 www.CountyCourtR.eporters.com 877.837.8313FAA vs COASTALAIR HEARING October23, 2012 Case Ref# 16870-2 Page20 

### 1 arguments on Motion, including but not limited to, the 2 FAA's Motion for Hearing on Sanction Only. 3 So, this Court not only addressed it, that 4 the conference at which you participated in person, but 5 it was also codified in writing in that Order dated 6 July 31, 2012 and sent out to you at your address of 7 record. So, The Court has done what it could to 8 provide notice to you of what this conference was for 9 and what it was about. But, let me ...let me try 10 and

...and be a little bit repetitive, if you will, and 11 simply remind you of the gravity of this type of 12 Motion. In essence, the FAA is moving to have The 13 Court find that you have committed some or all of the 14 sixteen violations that are alleged in the original 15 Complaint that was filed against your company and, this 16 type of Motion is in lieu of going to trial or hearing 17 on that particular part of the case. 18 And the way that a moving party tries to get 19 a judgment like that, is to submit a Motion and then a 20 Brief, like Ms. George has done on behalf of the FAA, 21 and to attach to that Motion and Brief various 22 different documents or pieces of evidence, either 23 testimonial evidence or documentary evidence that 24 potentially could be admissible under the evidentiary 25 rule. And so, as you heard me talking a little bit

County

## ~ The Reporters Group 

## CQUR"[,DEPQRTERS.Inc. Stephenson, VA**~** Court Reporting. Video & litigationTechnology www.advlegaltecb.com www.reportersgroup.com Videography LitigationTechnology Corporate: HistoricJordanSprings t 1160JordanSpringsRoad t Stephenson1 VA22656 800.262.8777 www.CountyCourtReporters.com 877.837.8313FAAvs COASTALAIR HEARING October23, 2012 Case Ref#16870-2 Page 21 1 with Ms. George a few minutes ago, I was outlining what 2 appeared to be Exhibits that the FAA filed that were 3 simply copies of legal materials, that being Exhibits4 6, 10, 11, 12 and 13. And because those are copies of 5 legal materials, that's not really evidence, that's 6 just a courtesy provided to The Court so that the legal 7 material that the FAA thinks is most relevant, is right 8 up on The Court's desk and The Court doesn't have to do 9 research to look for those regulations. 10 So, they're marked as Exhibits but, I would 11 not be admitting them as testimonial evidence in 12 support of the FAA's case today. You also heard me 13 talking with Ms. George about Exhibits-3, 4, and 9. 14 Three, 4 and 9 are Exhibits that your materials you 15 admitted were true and accurate copies of original 16 documents. When you admit that in your Discovery 17 Disclosures, I can utilize that in looking to see what 18 disputes the parties actually have regarding the 19 evidence that is being presented about the case. So, 20 given the fact that you have admitted that the 21 Exhibits-3, 4 and 9 are true and accurate copies, means 22 that under the evidentiary rules, you are admitting to 23 their authenticity. That doesn't mean that you 24 couldn't still object to the admission of those 25 materials for purposes of today's proceeding, it simply

The Reporters Group Stephenson,VA**www;re~mrtersgroup.com** County

## ~ 

## COURT:

.. EPORTERS.lnt: Videography

# ~itigationTechnology Court Reporting, Video & LitigationTechnology www.advtegaltech.com Corporate: HistoricJordanSprings t 1160JordanSpringsRoad t Stephenson, VA22656 800.262.8777 www.CountyCourtReporters.com 877.837.8313FAAvs COASTALAIR HEARING October23, 2012 Case Ref#16870-2 Page 22 

### 1 means that the type of objection you would make would 2 be more limited in scope. 3 The Exhibits that are remaining, that haven't 4 been discussed, to which you potentially could object, 5 are Exhibits-1, 2, 5, 7 and 8. And, I would always 6 give you, or any opposing party, an opportunity to 7 object. Part of the Motion today, is for the parties 8 to talk about what primary evidence the FAA has 9 presented to The Court today and whether that primary 10 evidence, that's before The Court, on The Court's desk 11 right now, is sufficient to

...to prove that the 12 violations or, some of the violations occurred, and if 13 that proof is sufficient, then those violations get 14 taken off the table in terms of the dispute. 15 So, this type of Motion today is considered 16 to be a dispositive Motion on the merits of the 17 violation. And, one of the things, as you may recall, 18 I was talking to Ms. George about, is that when I did 19 my initial review of the Complaint and the violations, 20 I had some question about whether all sixteen 21 violations had merit, because it appeared that some of 22 them were duplicative, which raised a concern for me. 23 In this type of Motion, a non-moving party, which in 24 this case is you, you're not moving for summary 25 judgment, you're

...you're here and

...and it appears

The Reporters Group Stephenson, VA lM'!!.W.r§m.ct§r.sgroup.com County

## ~ 

## CQURl: EPQRTERS, Inc. Vldeography

# ~ltlgationTechnology Court Reporting. Video & litigationTechnology www.advlegaltech.com Corporate: HistoricJordanSprings t 1160JordanSpringsRoad t Stephenson, VA22656 800.262.8777 www.CountyCourtReporters.com 877.837.8313FAAvs COASTALAIR HEARING October23, 2012 CaseRef# 16870-2 Page23 1 that you disagree with it. The non-moving party can't 2 just rely on saying, "Oh, I want to have a trial" or, 3 "I would much prefer to have this done at a hearing". 4 You can't just say that and win. You have to have a 5 position about why the FAA's Motion should not be 6 granted, and specifically, you have to take some 7 positions about whether or not the evidence they have 8 is sufficient, whether or not that evidence is 9 admissible for this purpose...purpose that we're here 10 today for, and whether or not if it's admissible, if it 11 proved by preponderance of the evidence, that the 12 violations occurred. 13 It's also your burden to present evidence in 14 conflict with the FAA's evidence, which is why I

...I 15 was outlining for you what I saw could potentially be 16 considered to be your responses because you personally 17 have signed and dated material and filed it. And 18 because you are an actor in

...in this particular type 19 of case, you were involved, you were present on the 20 scene, you engaged in actions**th~t** may or may not be 21 helpful to this Coastal Air Transport's case, that 22 could be deemed testimonial for today's proceeding. 23 And so, I

...I included on your behalf but, because 24 you're a lay representative, it appears that you may 25 not have truly understood the gravity of what this

The Reporters Group Stephenson.VA www.repprtersgroup,com County

## ~ 

## CQUR'[ EPQRTERS. Inc. Videography

# ~itigatlonTechnology Court Reporting, Video & Litigation Technology www.advlegaltech.com Corporate: HistoricJordanSprings t 1160JordanSpringsRoad t Stephenson, VA22656 800.262.8777 www.CountyCOurtReporters.com 877.837.8313FAAvs COASTALAIR HEARING October23,2012 Case Ref# 16870-2 Page 24 1 Motion is about, and I have some concerns about that. 2 I also have some concerns that you've been engaged in 3 conversations with Counsel and there may be Counsel 4 available to assist you but, not today. 5 So, let me ask you this first, Mr. George, 6 based on The Court's summary of what this Motion is 7 about, do you have at least some better idea of what a 8 Motion for Summary Judgment or, a Motion for Hearing on 9 Sanction Only means? 10 MS. GEORGE: Your Honor, are you directing 11 that to Mr. Foster or to the agency, I'm sorry? 12 THE JUDGE: I addressed it to Mr. Foster by 13 name but, I will try to do it again. Mr. Foster, based 14 again on what The Court has just identified as the 15 general process of this type of Motion, do you have a 16 better understanding of what this Motion is about? 17 MR. FOSTER: Yes

...yes I do, Your Honor and 18 we did present Pleadings earlier on in opposition to 19 the sanctions only and I was...I remembered in our last 20 conference that that Motion that the FAA had made had 21 been denied at that time. 22 THE JUDGE: Well, they

...they certainly moved 23 to have a decision on everything and there was a denial 24 of a Motion

...there were certain prehearing Motions 25 granting and denying other things so, but that still

The Reporters Group Stephenson,VA**l1!!YJM(,_reporter~coup.com** Corporate: HistoricJordanSprings t 1160JordanSpringsRoad t 800.262.8777 www.countyCourtReporters.com Court Reporting, Video & litigationTechnology www.advlegaltech.com Stephenson, VA22656 877.837.8313FAAvs COASTALAIR HEARING October23,2012 Case Ref# 16870-2 Page25 1 left this particular Motion on the table as we 2 discussed on July 31, 2012 because we set up today's 3 teleconference to address it. 4 MR. FOSTER: I was mistaken, I thought

... 5 THE JUDGE: I also gave you on October 12, 6 2012 date as a deadline to file your legal memorandum 7 or any factual or legal argument as part of your 8 affirmative defense to this particular Motion that was 9 set for hearing

...or oral argument today, and the last 10 material that you filed was August 7, 2012. So, I'm 11 concerned that you...you have dropped the ball. 12 MR. FOSTER: Well, again, I was under the 13 understanding that this Motion had been denied and we 14 did

...we did send in our information in to her. 15 Attorney George has sent us a huge amount of evidence 16 and it's been very helpful to us also, as far as the 17 regulations and the witness statements and pictures of 18 boxes and, we found that the majority of them 19 contradict her charges directly, and that's what I 20 wanted to present and I was advised by my Counsel to 21 hold off on that that she was trying to work on a 22 settlement in the

...in the interim. 23 THE JUDGE: Okay. 24 MR. FOSTER: Because, it's

...it's very 25 obvious that the witness statements and the

The Reporters Group Stephenson,VA www.repqrtersgroup.gm} Corporate: HistoricJordanSprings 

### c 1160JordanSpringsRoad 

### c 800.262.8777 www.CountyCourtReporters.com Court Reporting, Video & litigationTechnology www.advlegaltech.com Stephenson, VA.22656 877.837.8313FAAvs COASTALAIR HEARING October23,2012 Case Ref# 16870-2 Page 26 1 photographs, they contradict the majority of the 2 charges and it

...I don't

...I don't believe that the 3 Attorney George is actually reviewing some of the

...the 4 evidence that she's sending to me because it's

...it's 5 immediately obvious. 6 THE JUDGE: Well, based on what I've seen so 7 far, I'm not sure I see the same things that you do. 8 But, I think what I'm going to do is this, I'm going to 9 be look

...I'm going to look at my calendar. We have 10 some time, according to our litigation schedule, to 11 give you a second chance to see if you want to hire 12 Counsel to address this particular Motion, and to 13 engage in settlement negotiations with Ms. George. Ms. 14 George is right in saying that Ms. Roberts or whomever 15 else you might want to choose as your lawyer, needs to 16 file a Notice of Appearance if that lawyer wants to 17 negotiate on your behalf. 18 Ms. George ideally, would not be talking to 19 anybody who calls her up asking for information about 20 your company's business. So, I would

...I would simply 21 suggest to you, Mr. Foster, that if you want Ms. 22 Roberts to help you, and Ms. Roberts is amendable to 23 that, that she either file a Notice of Appearance on 24 your behalf and act as your representative or, and 25 sometimes people do this in lieu of the Notice of

The Reporters Group Stephenson.VA www.reportersgroup.com County

## ~ 

## CQUR"J:

. ·EPQRTERS. Inc. Videography

# ~ltigatlonTechnology Court Reporting. Video &Litigation Technology www.advlegaltech.com Corporate: HistoricJordanSprings t 1160JordanSprings Road t Stephenson, VA22656 800.262.8777 www.CountyCourtReporters.com 877.837.8313FAAvs COASTALAIR HEARING October23, 2012 Case Ref# 16870-2 Page 27 

### 1 Representation, or, you need to act on your own behalf 2 in the negotiations with Ms. Roberts helping you. 3 

### So, I'm going to do this, I'm going to 4 postpone this particular oral argument for about two, 5 two in a half weeks, give you, Mr. Foster, a chance to 6 talk to Ms. Roberts and see if she's planning to come 7 in and litigate this matter for you as Counsel. If she 8 does, then she needs to file a Notice' of Appearance and 9 she needs to review the material and be ready to 10 respond to The Court's questions. I'll also give you a 11 deadline for filing any last minute materials, if in 12 fact you have some Exhibits that you think would be 13 helpful to you in responding to the FAA's Motion. This 14 will also give Ms. George an opportunity to flush out 15 what

...which sixteen violations fall within the five 16 categories and whether or not there's some duplication 17 involved, because The Court in reviewing the Complaint 18 and the Statutory Authority has some really strong 19 concerns about the duplication issue. And perhaps, I 20 have misread the regulations or the Complaint and I'm 21 happy to be educated otherwise. But, this might work 22 out well for everybody. 23 So, let me ...give me a moment to pull up my 24 calendar so...my computer has locked me out. And then 25 we can look at our calendars together. Okay. Today is

The Reporters Group Stephenson,VA www.repgrtersgroup.com County

## ~ 

## CQUR't , EPQRTERS,Inc. Vldeography

# ~itlgatlonTechnology Court Reporting, Video & LitigationTechnology www.advlegaltech.com Corporate: HistoricJordanSprings t 1160JordanSpringsRoad t Stephenson, VA226S6 800.262.8777 www.CountytourtReporters.com 877.837.8313FAAvs COASTALAIR HEARING October23, 2012 Case Ref#16870-2 Page 28 1 October 23, 2012, we have a deadline according to the 2 litigation schedule of December 5, 2012 for an Exchange 3 of Witnesses and Exhibits for the hearing, which 4 currently is scheduled at the end of January, 2013 in 5 St. Croix, Virgin Islands. So, let me just take a look 6 at my calendar. 7 (WHEREUPON, the Judge is looking at her 8 calendar. ) 9 THE JUDGE: I'm trying to check and see if I 10 have some time so that I can get out an Order to you 11 that would make that December 5 date workable and, I 12 may need to tweak that December 5 date just a little 13 bit. Starting with your calendar Ms. George, did you 14 have time the week of Thanksgiving. For example, the 15 week of November 19 to the

...the days of November 19, 16 2012 or 20th, 2012? 17 MS. GEORGE: I'm available on November the 18 20th, 2012. 19 THE JUDGE: Okay. Mr. Foster, turning to 20 you, do you have some time available for a resetting of 21 this particular oral argument on Tuesday, November 2 2 20th, 2012? 23 MR. FOSTER: Your Honor, I'm going to be off 24 island on the 20th through the 26th. 25 THE JUDGE: And when you say you're going to

The Reporters Group Stephenson.VA www.reportersgroup.com County

## ~ 

# COURT: EPORTERS,,nc. Vldeography t.f.!ltigatlonTechnology Court Reporting. Video & Litigation Technology www.advlegaltech.com Corporate: HistoricJordanSprings t 1160JordanSpringsRoad t Stephenson, VA22656 800.262.8777 www.countyCourtReporters.com 877.837.8313FAAvs COASTALAIR HEARING October23, 2012 Case Ref# 16870-2 Page 29 

### 1 be off the island, does that mean you're not available 2 by telephone? 3 MR. FOSTER: 

### Well, I'm going to be in transit 4 on that date. I will be on the airlines on the 20th. 5 THE JUDGE: 

### What does that mean when

...that 6 you say you're going to be on the airlines? I don't 7 know what that means. 8 MR. FOSTER: 

### I'm going to be in transit. 9 We're going out to Chicago on the 20th. We leave here 10 on the morning of the 20th. I don't think we get out 11 there until about six or seven at night. 12 THE JUDGE: 

### You're flying. You're going to 13 be in a plane? 14 MR. FOSTER: 

### I'm going to be on the airlines, 15 yes. It won't be my plane, it's American Airlines. 16 THE JUDGE: 

### Okay. 17 MR. FOSTER: 

### We'll be here the week before 18 and I'll be returning on the 26th so, I would be 19 available on the 27th. 20 THE JUDGE: 

### No. I'm trying not to get too 21 close to that long weekend. Ms. George, looking at 22 Monday, do you have Monday, the 19th open? 23 MS. GEORGE: 

### Yes, I could do Monday the 19th 24 in the afternoon. 25

The Reporters Group Stephenson.VA lNWl!ll(reportersgrqup,com THE JUDGE: 

### Okay. Mr. Foster, are you

County

## ~ 

# COURT:

. EPORTERS.tnc. Videography

# ~ltigatlonTechnology Court Reporting.Video & LitigationTechnology www.advlegaltech.com Corporate: HistoricJordanSprings t 1160JordanSpringsRoad t. Stephenson, VA22656 800.262.8777 www.CountyCourtReporters.com 877.837.8313FAAvs COASTALAIR HEARING October23, 2012 Case Ref# 16870-2 Page 30 1 available on Monday, November 19th, 2012 in the 2 afternoon? 3 MR. FOSTER: Yes I am, Your Honor. 4 THE JUDGE: Let's try for that. Ms. George, 5 looking at your afternoon calendar, do you have any 6 preference? 7 MS. GEORGE: I would say one or two o'clock 8 is fine with me. 9 THE JUDGE: Okay. Mr. Foster, is that 10 general timeframe acceptable? 11 MR. FOSTER: That's fine, Your Honor. 12 THE JUDGE: Let's try for 1:30 on November 13 19, 2012 and let's schedule this for about ninety 14 minutes just to be on the safe side, 1:30 to 3:00. We 15 may not need all of that time but, I think if Mr. 16 Foster remains the key representative we might. But, 17 I'm going to err on the side of caution. 18 In the meantime, Mr. Foster, I'm going to 19 give you a deadline for filing any last

...materials. 20 I'm going to give you November 6th, 2012 to file any 21 legal memorandum, written factual or legal arguments in 22 support of your affirmative defense against the 23 violations that are alleged and, to file any and all 24 exhibits or testimonial evidence that you think 25 supports your position that the FAA is wrong and

The Reporters Group Stephenson,VA www.reP.Qrtc;r_!2gCQY12.com County

## ~ 

# COURT: . EPORTERS,,nc. Vldeography

# ~ltigatlonTechnology Court Reporting, Video & Litigation Technology www.advlegaltech.com Corporate: HistoricJordanSprings t 1160JordanSprings Road t Stephenson, VA22656 800.262.8777 www.CountyCourtReporters.com 877.837.8313FAAvs COASTALAIR HEARING October23, 2012 Case.Ref# 16870-2 Page 31 1 alleging these violations. So

..., 2 MR. FOSTER: Your Honor, I believe I did

...I 3 did send a Defense against her Sanctions Only and I

...I 4 listed the evidence that she had presented that was 5 contradictory to those charges. 6 THE JUDGE: What date did you file that? 7 MR. FOSTER: I think they

...Ms. Roberts has 8 that document. 9 THE JUDGE: You don't want

...you don't want 10 to rely upon the opposing counsel to tell

...tell me 11 what you filed. I've got everything here. I have a 12 July 19, 2012 Opposition to Hearing on Sanction Only. 13 MR. FOSTER: That would probably be it. 14 THE JUDGE: That's one page and it was a one 15 paragraph narrative. And, I have included that as one 16 of your potentially testimonial responses because that 17 was dated and signed by you on July 9, 2012. I

...I 18 looked and I looked for anything that I could find that 19 was signed and dated by you as potentially testimonial 20 evidence. But, you're looking at sixteen different 21 violations. Ideally, what you would want to do is have 22 exhibits and testimonial evidence specifically focused, 23 and in response to, each and every one of those sixteen 24 violations. So, for example, in looking at the 25 Complaint that the FAA filed, let's say we're just

The Reporters Group Stephenson, VA**www.reporter5group.~** County

## ~ 

# COURT: EPORTERS.tnc. Videography

# ~itigationTechnology Court Reporting. Video & Litigation Technology www.adylegaltech.com Corporate: HistoricJordanSprings t 1160JordanSpringsRoad t Stephenson, VA22656 800.262.8777 www.CountyCourtReporters.com 877.837.8313FAAvs COASTALAIR HEARING October23, 2012 Case Ref# 16870-2 Page 32 1 looking at, and I'm just going to pick one as an 2 example, let's say Violation number 16. Violation 3 number 16 alleges that Coastal Air carried a hazardous 4 material subject to the requirements of this subchapter 5 in the cabin of a passenger carrying aircraft or on the 6 flight deck of any aircraft. So, when you file a 7 response to a Motion like this, ideally what you want 8 to do is put together a comprehensive statement in a 9 Brief package. We call them Briefs, hopefully because 10 they're not too long but, it can often be more than 11 three or four pages long. And you identify what the 12 violation is, what your testimonial evidence is, what 13 exhibits you have that support your defense that the 14 violation is not provable or is just wrong. 15 MR. FOSTER: Your Honor, I

...what I

... 16 THE JUDGE: You haven't had a chance to do 17 that. You haven't done that yet

... 18 MR. FOSTER: What I believe I

... 19 THE JUDGE: And I certainly can make 20 some...some conclusion based on the materials that 21 you've filed so far but, I'm going to give you an 22 opportunity to try and present something a little more 23 comprehensive on or before November 6, 2012 so that 24 when we come back for oral argument on this matter on 25 November 19, 2012 at 1:30, you will be able to jump out

The Reporters Group Stephenson,VA www.reportersgrouQ.com. County

## ~ 

# COURT: . EPORTERS,,nc. Videography U!ltlgationTechnology Court Reporting, Video & Litlgatipn Technology www.advlegaltech.com Corporate: HistoricJordanSprings t 1160JordanSpringsRoad t Stephenson, VA22656 800.262.8777 www.CountyCourtReporters.com 877.837.8313FAAvs COASTALAIR HEARING October23, 2012 Case Ref#16870-2 Page 33 1 and talk very specifically about what the evidence is, 2 what it isn't and what defenses you have to show. Or, 3 in the alternative, have Ms. Roberts do it for you. 4 MR. FOSTER: I understand, Your Honor. 5 THE JUDGE: Okay. 6 MR. FOSTER: I think what I had done, I had 7 sent her the copy of the of my ...my response and it was 8 in the manner that you just advised me to do and ask 9 for her recommendation on it and, for whatever reason, 10 she hasn't returned it to me yet. I

... 11 THE JUDGE: Okay. And when you say her, 12 you're talking about Ms. Roberts? 13 MR. FOSTER: Ms. Roberts, yes I am. 14 THE JUDGE: I would strongly recommend that 15 you get your materials back from her particularly, if 16 she's not going to file a Notice of Appearance. It 17 handicaps you tremendously not to have the materials in 18 front of you and you should have them in front of you 19 as the representative of the Respondent in this matter. 20 MR. FOSTER: Yes I

...they

...they should be in 21 the mail right now. I don't know why I haven't 22 received them. 23 THE JUDGE: Okay. Well, I'll leave that up 24 to you to discuss privately with Ms. Roberts. In the 25 meantime, Ms. George, I'm going to ask you on or before

The REporters Group

# CQUR"t~EPORTERS Court Reporting,Video Stephenson.VA**~** . •Inc. &litigationTechnology**www,_~sgroup.cQm** Videography LitigationTechnology www.advlegaltech.tom Corporate: HistoricJordanSprings ? 1160JordanSpringsRoad t Stephenson, VA22656 800.262.8777 www.CountyCourtReporters.com 877.837.8313FAAvs COASTALAIR HEARING October23, 2012 Case Ref# 16870-2 Page 34 

### 1 November 6, 2012, to identify where those sixteen 2 violations fall within the five categories that you say 3 you have charged the Respondent safety violations. 4 And, I will be asking you, in greater detail at the 5 next conference Motion conference, how you can justify 6 the sixteen violations, when in fact, many of them 7 appear to be duplicative or, in the alternative, 8 subcategories of certain violations that you've 9 alleged. I

...and I will equate this in very simplistic 10 terms to criminal matter, just as an example of The

,11 Court's concern..

12 If someone is accused of a felony, such as 13 burglary, a felony is a great charge then say a 14 misdemeanor or traffic ticket and it involves a greater 15 penalty, both in loss of liberty and in fines. 16 Burglary, as an example, involves a defendant crossing 17 a person's front yard, going up to the front door, 18 breaking into the door or, opening the door and walking 19 into the house, and then once in the house, doing 20 something that indicates an intent to commit a crime 21 within the house. 22 Let's just assume hypothetically that that's 23 true or proof of the burglary offense. When

...when 24 someone is charged with burglary, the activity of 25 trespass across the front yard, trespass into the front

The Reporters Group Stephenson.VA www.reportersgroup.com County

## ~ 

## CQUR"J:

. ·EPQRTERS, Inc. Vldeography

# ~itigationTechnology Court Reporting,Video & Litigation Technology www.advlegaltech.com Corporate: HistoricJordanSprings t 1160JordanSpringsRoad t Stephenson, VA22656 800.262.8777 www.CountyCourtReporters.com 877.837.8313FAAvs COASTALAIR HEARING October23, 2012 Case Ref# 16870-2 Page35 

### 1 door of the house, unlawful entry, unlawful continued 2 presence within the house, all are subsumed within the 3 greater charge of burglary. They are not charged 4 separately in addition to burglary. They all make up 5 part of the whole of the greater offense. When I look 6 at these types of violations, it appears to me that 7 what I have are some very general violations and then 8 some very specific violations that typically would be 9 utilized to make up general violations, like in the 10 burglary example I just gave you. 11 And so, I'm concerned that I'm seeing some 12 duplication of alleged violations within this package. 13 I may be wrong, and if I'm wrong, I'm happy to be 14 educated about it. When I see something like Violation 15 number 1, it gives a very broad violation under 49CFR, 16 Section 171.2a in which it says, that the violation 17 includes hazardous material which was not classed, 18 described, packaged, marked, labeled and in condition 19 for shipment as required or authorized by the 20 applicable requirements of this subchapter. That says 21 to me that there are certain subchapter requirements 22 that are included within this Violation number 1, it 23 should not be considered as separate and apart of those 24 violations, of this particular violation. 25 I don't know which applicable requirements

The Reporters Group Stephenson, VA**yVWy~treportersgroup.com** County

## ~ 

# COURT:

..EPORTERS.tnc. Videography

# ~ltigationTechnology Court Reporting, Video & LitigationTechnology www.advlegaltech.com Corporate: HistoricJordanSprings t 1160JordanSpringsRoad t Stephenson, VA22656 800.262.8777 www.CountyCourtReporters.com 877.837.8313FAAvs COASTALAIR HEARING October23, 2012 Case Ref# 16870-2 Page 36 1 the subchapter make up Violation number 1, but it 2 appears to me, based on the sixteen violations before 3 me, that I'm seeing some of them in this particular 4 Complaint that shouldn't be alleged separately. And if 5 that's true, I'd love to have the FAA take a second 6 look at this Complaint and clean that up. And if it's 7 not true, then I'll be looking forward to the FAA 8 explaining to me why I'm mistaken. 9 So, with that, on behalf of the FAA, Ms. 10 George, I'll ask you to present some explanation for 11 where these sixteen violations fall within the five 12 categories that you've identified as chargeable and to 13 file that by November 6, 2012 if settlement does not 14 occur by that time. 15 Mr. Foster, for your part, November 6, 2012 16 is the deadline for you to file your factual and legal 17 support and your legal memorandum that supplements the 18 material that currently The Court has received from 19 you. And, I would be most appreciative if you could 20 specifically entitle it, the Respondents Response 21 Motion for Appearing on Sanction Only so that I know 22 that this is your specific response to this particular 23 dispositive motion. In addition Mr. Foster, I'd like 24 you to be sure and get your materials back from Ms. 25 Roberts, if in fact she's not going to represent you,

The Reporters Group Stephenson,VA**www.report~~.com** County

## ~ 

# COURT: . EPORTERS,1nc. Videography U!itigationTechnology Court Reporting. Video & litigationTechnology www.advlegaltech.com Corporate: HistoricJordanSprings t 1160JordanSpringsRoad t Stephenson, VA22656 800.262.8777 www.CountyCourtReporters.com 877.837.8313FAAvs COASTALAIR HEARING October23, 2012 Case Ref# 16870-2 Page 37 1 so that the next time we talk to each other, you'll be 2 better prepared to look at some documents that The 3 Court refers you to and to discuss certain matters that 4 The Court would like to discuss. 5 With that, on behalf of the FAA, Ms. George, 6 is there anything else that we can address for your 7 client today before we close? 8 MS. GEORGE: No, Your Honor. 9 THE JUDGE: Mr. Foster, on behalf of the 10 Respondent, anything that we need to talk about today 11 for your client before we close? 12 MR. FOSTER: Just if you could repeat how I 13 should label this response, Respondents Response to

... 

### 14 THE JUDGE: FAA Motion for Hearing on 15 Sanction Only. 16 THE JUDGE: Do you want me to repeat

... 17 MR. FOSTER: Thank you, Your Honor. 18 THE JUDGE: Do you want me to repeat that in 19 total so that you have it? 20 MR. FOSTER: No. Respondents Response to FAA 21 Motion for Hearing Only. 22 THE JUDGE: For Hearing On Sanction Only. 23 MR. FOSTER: Hearing on Sanctions. Okay. 24 THE JUDGE: Yes. Essentially, the FAA wants 25 me to find that the next telephone motion argument,

The Reporters Group

# colJRl:~EPORTERS Court Reporting, Video Stephenson,VA**~** ' Inc. & Litigation Technology Jl!lWlMreportersgroup,com Videography

. . LitigationTechnology www.advlegaltech.com Corporate: HistoricJordanSprings t 1160JordanSpringsRoad t Stephenson, VA22656 800.262.8777 www.countyCourtReporters.com 

### 877.837.8313FAAvs COASTALAIR HEARING October23, 2012 Case Ref# 16870-2 Page38 

### 1 that we have now set for November 19, 2012, that 2 Coastal Air committed all sixteen violations, and so 3 the only thing we'd be talking about when we 4 came...come for Hearing in January, is how much the 5 penalty should be. That's what this Motion is about. 6 They want me to find that all sixteen violations 7 occurred and limit the Hearing in January to just the 8 amount of money that's at stake. So, it's important

... 9 MR. FOSTER: 

### I understand. 10 THE JUDGE: 

### It's important for the Respondent 11 to be more engaged on November 19, 2012 in the 12 evidentiary phase and in the legal argument phase. 13 Okay. Alright. Well, thank you all very much for your 14 presence today. It appears our business is complete. 15 I look forward to talking to you all on November 19, 16 2012 at 1:30 p.m. eastern time. If you settle before 17 that time, please just let me know. With that, we can 18 go off the record and I wish you all a good day. 19 (WHEREUPON, the Motion Hearing concluded at 

### 20 11:31 a.m.) 

### 21 22 23 24 

### 25

The Reporters Group Stephenson,VA**www.repQ~tQYQ.com** County

## ~ 

# COURT: EPORTERS.tnc. Videography

# ~ltlgationTechnology Court Reporting, Video & litigationTechnology www.advlegaltech.com Corporate: HistoricJordanSprings t 1160JordanSpringsRoad t Stephenson, VA22656 800.262.8777 www.CountyCourtReporters.com 877.837.8313FAAvs COASTALAIR HEARING October23, 2012 Case Ref# 16870-2 Page 39 1 CAPTION 2 3 The foregoing matter was taken on the date, and at the 4 and place set out on the Title page hereof. 5 6 It was requested that the matter be taken by the 7 and that the same be reduced to typewritten form. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

The Reporters Group Stephenson,VA www.reportersgroup.com Corporate: HistoricJordanSprings t 1160JordanSpringsRoad t 800.262.8777 www.CountyCourtReporters.com CourtReporting.Video &litigationTechnology www.advlegaltech.com Stephenson, VA22656 877.837.83131 2 3 4 5 6 7 8 9 10 1 11 12 13 14 15 16 17 FAAvs COASTALAIR HEARING October23, 2012 Case Ref# 16870-2 Page 40

CERTIFICATE OF REPORTER COMMONWEALTH OF VIRGINIA AT LARGE: I, RUTH MARIE DEAN, do hereby certify that the witness in the foregoing transcript was taken on the date, and at the time and place set out on the Title page hereof after first being duly sworn and that the said matter was recorded stenographically and mechanically by me and reduced to typewritten form under my direction, and constitutes a true record of the deposition as taken, to the best of my skill and ability. I certify that I am not related to or an employee of counsel, and that I have no financial interest in the outcome of this matter.



### 1s

# c~rL

# 11

# Az/?

19 20 RUTH MARIE DEAN 21 COURT REPORTER / NOTARY 22 NOTARY REGISTRATION NUMBER: 7528822 23 My Commission Expires: SEPTEMBER 30, 2016

24 25

The ReportersGroup StEphenson,VA**~§P-ortersgroup.COlD.** County

## ~ 

## COUR't

.. EPORTERS.•nc. Videography

# ~ltigationTechnology Court Reporting,Video & LitigationTechnology www.advlegaltech.com Corporate: HistoricJordanSprings t 1160JordanSpringsRoad t Stephenson, VA22656 800.262.8777 www.CountyCourtReporters.com 877.837.8313FAAvs COASTALAIR HEARING October23, 2012 Case Ref#**16870~2** Page 41 $ $59,600 4:15 6:2 6:7

1 1 9:3 9:9 9:9 10:5 10:11 10:23 10:24 35:15 35:22 36:1 1:30 30:12 30:14 32:25 38:16 10 11:6 21:4 10:30 18:19 11 11:6 21:4 11:31 38:20 12 10:2 11:6 21:4 25:5 13 11:6 21:4 16 4:7 9:3 32:2 32:3 171.2 9:10 171.2a 35:16 171.2b 9:18 175.3 10:7 19 28:15 28:15 30:13 31:12 32:25 38:1 38:11 38:15 19th 29:22 29:23 30:1

2 2 9:9 9:16 10:5 10:12 10:23 10:24 11:22 19:24 22:5 2012 3:2 3:6 3:22 3:25 4:4 4:7. 4:12 6:14 7:14 11:3 12:12 12:14 12:16 12:18 12:22 14:12 14:17 15:9 17:11 17:15 19:22 20:6 25:2 25:6 25:10 28:1 28:2 28:16 28:16 28:18 28:22 30:1 30:13 30:20 31:12 31:17 32:23 32:25 34:1 36:13 36:15 38:1 38:11 38:16 2013 28:4 20th 28:16 28:18 28:22 28:24 29:4 29:9 29:10 21st 8:9 22 12:11 22nd 14:11 23 3:2 3:5 28:1 23rd 3:22 3:25 4:4 4:11 6:14 7 :14 11: 3 12:1.4 26th 28:24 29:18 27th 29:19

3 3 8:23 9:1 9:2 9:17 10:2 10:6 3:00 30:14 30 4:6 31 15:9 19:22 20:6 25:2

4 4 8:11 8:23 10:1 10:2 11:16 11:18 21:13 21:14 21:21 49CFR 9:10 9:18 10:6 35:15

5 5 8:23 11:22 22:5 28:2 28:11 28:12

6 

### 6 21:4 32:23 34:1 36:13 36:15 6th 30:20

7 7 11:22 19:24 22:5 25:10 7th 12:18 12:22

8 8 9:10 11:22 14:25 22:5

9 9 11:16 11:18 12:16 21:13 21:14 21:21 31:17 9

...or 12:15

The ReportersGroup CcoQuntUy

# RT~EPORTERS Stephenson,VA I J · · ,Inc. CourtReporting, Video &- litigationTechnology www.acJviEgaltecb.com JNWllllreportersgroup.cQm Videography litigationTechnology Corporate: HistoricJordanSprings t 1160JordanSpringsRoad t Stephenson, VA22656 800.262.8777 www.CountyCourtR.eporters.com 877.837.8l13FAAvs COASTALAIR HEARING October23, 2012 Case Ref# 16870-2 Page42

A 

### a ...a 13:12 18:17

a.m 38:20 able 13:21 32:25 aboard 9:12 absent 9:22 acceptable 30:10 acceptance 9:19 accepted 9:11 accepting 10:7 accordance 6:3 10:9 according 16:24 26:10 28:1 accurate 21:15 21:21 accused 34:12 achieve 4:21

across 34:25 act 26:24 27:1 actions 23:20 activity 34:24 actor 23:18 actual 4:14 actually 14:1 21:18 26:3 addition 3:14 35:4 36:23 address 12:2 20:6 25:3 26:12 37:6 addressed 20:3 24:12 administrative 5:24 6:13 11:7 admissible 20:24 23:9 23:10 admission 21:24 admit 21:16 admitted 21:15 21:20 admitting 21:11 21:22 advice 15:19 advised 18:1 18:18 25:20 33:8 affirmative 25:8 30:22 afternoon 14:10 29:24 30:2 30:5 against 19:7 20:15 30:22 31:3 agency 4:4 6:14 11:3 24:11 agency's 5:5 5:20 6:3 8:7 ago 15:6 15:22 21:1 ahead 19:14 Air 3:4 3:12 23:21 32:3 38:2 aircraft 9:12 10:8 32:5 32:6 airlines 29:4 29:6 29:14 29:15 allegations 12:5 alleged 3:8 7:13 8:23 8:25 20:14 30:23 34:9 35:12 36:4 alleges 9:11 9:17 32:3 alleging 31:1 already 18:2 Alright 38:13 Alternate 4:5 4:13 6:15 11:4 alternative 3:23 33:3 34:7

am 30:3 33:13 amendable 26:22 American 29:15 amicus 18:25 amount 25:15 38:8 and.

. .and 4 :14 13:20 20:10 22:25 and

...and

...in 19:16

answer 5:4 12:12 12:18 12:22

answers 12:1 12:25 any. . .any 1 7 : 1 7 anybody 26:19 anything 13:2 31:18 37:6 37:10 anyway 14:20 apart 35:23 apologize 15:4

The Reporters Group Stephenson, VA www.rm_ortersgroup.com County

## ~ 

# COURT: . EPORTERS.1nc. Videography

# ~itigatlonTechnology Court Reporting. Video & LitigationTechnology www.advlegaltech.com Corporate: HistoricJordanSprings t 1160JordanSpringsRoad t Stephenson, VA22656 800.262.8777 www.CountyCourtReporters.com 877.837.8313FAAvs COASTALAIR HEARING October23, 2012 Case Ref# 16870-2 Page43 apparently 18:2 appear 9:23 10:3 10:22 12:2 18:24 34:7 Appearance 14:3 14:6 26:16 26:23 27:8 33:16 appeared 4:6 10:20 11:5 11:16 21:2 22:21 Appearing 36:21 appears 22:25 23:24 35:6 36:2 38:14 applicable 9:15 9:21 12:25 13:3 35:20 35:25 application 5:20 6:7 appreciates 11:8 appreciative 36:19 appropriate 5:9 approximately 15:6

are. . .the 13:18

area 13:7 arguing 6:7 argument 3:6 4:9 4:14 7:3 10:14 10:17 25:7 25:9 27:4 28:21 32:24 37:25 38:12 arguments 11:12 20:1 30:21 assignment 6:2 assist 24:4

assume 34:22 attach 20:21 attached 11:3 attachment 11:13 attorney 3:10 3:16 13:12 14:19 25:15 26:3 attorneys 13:6 August 12:18 12:22 25:10 authentic 11:19 authenticity 21:23 Authority 27:18 authorized 9:15 35:19 available 14:21 24:4 28:17 28:20 29:1 29:19 30:1

aware 16:12 18:13 18:17 19:9 19:11

B ball 25:11 Baltimore 16:19 17:1 based 5:3 24:6 24:13 26:6 32:20 36:2 behalf 3:10 3:11 10:17 18:25 20:20 23:23 26:17 26:24 27:1 36:9 37:5 37:9 believe 26:2 31:2 32:18 benefit 12:3 better 24:7 24:16 37:2 beyond 7:4 bit 7:11 15:24 20:10 20:25 28:13 body 6:13 boxes 25:18 breaking 34:18 Brief 4:4 4:12 4:14 4:20 5:18 6:15 7:13 7:17 11:3 20:20 20:21 32:9 briefly 3:20 Briefs 32:9 bring 15:18 18:21 bringing 6:20 broad 35:15 broken 8:15 brought 15:20 burden 23:13 burglary 34:13 34:16 34:23 34:24 35:3 35:4 35:10 business 26:20 38:14



## c

The Reporters Group CcoQuntUy

# RT~EPQRTERS Court Reporting,Video Stephenson,VA I

..**~** •Inc. & LitigationTechnology www;reportersgroup.com Videography LitigationTechnology www.adylegaltech.com Corporate: Historic.JordanSprings t 1160JordanSpringsRoad t Stephenson, VA22656 800.262.8777 www.CountyCourtReporters.com 877.837.8313FAAvs COASTALAIR HEARING October23, 2012 Case Ref# 16870-2 Page44 cabin 32:5 calendar 26:9 27:24 28:6 28:8 28:13 30:5 calendars 27:25

came...come 38:4 carried 32:3 carrying 32:5

case 5:21 13:13 16:25 17:5 18:3 19:17 20:17 21:12 21:19 22:24 23:19 23:21 categories 7:15 7:22 27:16 34:2 36:12 caution 30:17 certain 24:24 34:8 35:21 37:3 certainly 24:22 32:19 chance 9:5 18:11 26:11 27:5 32:16 charge 34:13 35:3 chargeable 36:12 charged 34:3 34:24 35:3 charges 25:19 26:2 31:5 check 28:9 Chicago 29:9 choose 26:15 civil 4 :15 4 : 2 5 5:15 6:2 8:7 8:12 classed 9 :13 35:17 clean 36:6 clear 11:1 client 19:7 37:7 37:11 close 29:21 37:7 37:11 Coastal 3:4 3:12 23:21 32:3 38:2 codified 20:5 Cody 3:15 collected 7:16 7:21 comments 12:24 commit 34:20 committed 20:13 38:2 company 3:14 15:12 20:15 company's 26:20 Complaint 5:1 7:13 8:23 8:24 9:2 9:4 9:5 9:9 10:1 10:21 20:15 22:19 27:17 27:20 31:25 36:4 36:6 Complaints 9:8 complete 38:14 comprehensive 32:8 32:23 computer 27:24

concern 22:22 34:11 concerned 10:12 25:11 35:11

concerns 24:1 24:2 27:19 concluded 38:19 conclusion 32:20 condition 9 :14 35:18 con;e'erence 4:1 4:7 4:8 13:22 15:7 19:10 19:25 20:4 20:8 24:20 34:5 34:5 conflict 23:14 confusion 10:25 consideration 12:3 considered 11:9 12:6 22:15 23:16 35:23 contact 13:23 14:9 17:4 17:16 17:17 contacted 14:2 continued 35:1 contradict 25:19 26:1 contradictory 31:5 convened 3:6 conversations 24:3

The ReportersGroup CcoQuntUy

# RT~EPORTERS CourtReporting.Video Stephenson,VA**I~ ~**  . •Inc. & litigationTechnology**www.~eport~_grqyp.com** Videography LitigationTechnology www.advlegaltech.com Corporate: HistoricJordanSprings t 1160JordanSpringsRoad 

### c Stephenson, VA22656 800.262.8777 www.CountyCourtReporters.com 877.837.8313FAAvs COASTALAIR HEARING October23, 2012 Case Ref# 16870-2 Page 45 copies 11:6 13:9 18:20 18:22 21:3 21:4 21:15 21:21 copy 33:7 correct 15:14 16:2 16:5 16:23 17:14 counsel 8:1 24:3 24:3 25:20 26:12 27:7 31:10 couple 3:21 4:10 court 5:11 5:14 5:24 6:5 6:21 11:7 12:6 19:6 20:3 20:7 20:13 21:6 21:8 22:9 22:10 24:14 27:17 36:18 37:3 37:4 courtesy 21:6 Court's 21:8 22:10 24:6 27:10 34:11 crime 34:20 criminal 34:10 Croix 16:22 28:5 crossing 34:16 currently 16:21 28:4 36:18

D date 3:5 4:9 25:6 28:11 28:12 29:4 31:6 dated 12:5 12:11 12:14 12:15 12:18 12:22 20:5 23:17 31:17 31:19 Dates 15:8 19:23 day 38:18 days 15:22 28:15 deadline 25:6 27:11 28:1 30:19 36:16 December 28:2 28:11 28:12 decides 6:5 decision 3:23 4:23 5:7 6:1 6:6 8:9 12:13 24:23 deck 32:6 deemed 23:22 deeply 11:7 defendant 34:16 defense 25:8 30:22 31:3 32:13 defenses 33:2 defer 8:4 denial 24:23 denied 24:21 25:13 denying 24:25 described 9:13 35:18 desk 21:8 22:10 detail 19:4 34:4 determine 6 : 8 did

...I 31:2 did

. . .we 2 5 : 14 different 4:2 7:15 8:22 11:25 20:22 31:20 difficult 10:14 directing 24:10 directly 25:19 disagree 23:1 Disclosures 21:17 discovery 5:5 12:19 12:23 21:16 discuss 11:22 18:10 33:24 37:3 37:4 discussed 18:24 22:4 25:2 discussion 4:15 18:2 discussions 14:5 14:7 19:3 Dismiss 12:14 dispositive 3:8 22:16 36:23 dispute 22:14 disputes 21:18 distinct 10:15 Docket 3:4 document 12:4 31:8 documentary 20:23 documents 5:19

The ReportersGroup CcoQuntUy

# RT~EPORTERS CourtReporting.Video Stephenson.VA I'**~** •Inc. &litigationTechnology www.oomrtersgroup.com Vldeography litigationTechnology www.advl§9altech.com Corporate: HistoricJordanSprings t 1160JordanSpringsRoad t Stephenson, VA22656 800.262.8777 www.CountyCourtReporters.com 877.837.8313FAAvs COASTALAIR HEARING October23, 2012 Case Ref# 16870-2 Page46 8:1 12:10 12:23 13:1 20:22 21:16 37:2 done 20:7 20:20 23:3 32:17 33:6 don' t . . . I 26 :2 door 34:17 34:18 34:18 35:1 dropped 25:11 duplication 8:25 10:13 27:16 27:19 35:12 duplicative 22:22 34:7 during 4:8

E earlier 24:18 eastern 38:16 educated 27:21 35:14 effectively 15:12 either 17:4 17:16 18:25 20:22 26:23 else 13:2 26:15 37:6 e-mail 17:16 engage 14:7 26:13 engaged 23:20 24:2 38:11 engagement 13:21 entitle 36:20 entitled 9:2 12:12 entry 35:1 equate 34:9

err 30:17

essence 18:14 20:12 essentially 3:7 5:10 37:24 everybody 3:17 27:22 everything 24:23 31:11 evidence 5:3 11:9 20:22 20:23 20:23 21:5 21:11 21:19 22:8 22:10 23:7 23:8 23:11 23:13 23:14 25:15 26:4 30:24 31:4 31:20 31:22 32:12 33:1 evidentiary 20:24 21:22 38:12 exactly 10:11 examined '12:9 example 9:1 10:5 10:6 12:4 12:7 28:14 31:24 32:2 34:10 34:16 35:10 exception 9:22 Exchange 28:2

excuse 5:18 12:15 exhibits 11:2 11:18 21:2 21:3 21:10 21:14 22:3 27:12 28:3 30:24 31:22 32:13 Exhibits-1 11:22 22:5 Exhibits-3 11:16 11:17 21:13 21:21 Exhibits-6 11:6 exist 11:10 existed 10:24 expected 18:21 explain 19:5 explaining 36:8 explanation 4:17 36:10 extended 18:8

F FAA 3:7 3:10 3:22 4:4 11:8 20:12 20:20 21:2 21:7 22:8 24:20 30:25 31:25 36:5 36:7 36:9 37:5 37:14 37:20 37:24 FAA-2011-1005 3:5 FAA's 11:2 12:12 20:2 21:12 23:5 23:14 27:13 fact 6:21 21:20 27:12 34:6 36:25 facts 11:10 16:25 factual 25:7 30:21 36:16

The Reporters Group (CoOuntUy

# RT~EPORTERS CourtReporting, Video Stephenson,VA I'**~** •Inc. & LitigationTechnology www.reportf;rsgrQYR.com Vldeography litigationTechnology www.advlegaltech.com Corporate: HistoricJordanSprings t 1160JordanSpringsRoad t Stephenson, VA22656 800.262.8777 www.CountyCourtReporters.com 877.837.8313FAAvs COASTALAIR HEARING October23, 2012 Case Ref#16870-2 Page 47 fair 4:20 11:12 17:13 fall 27:15 34:2 36:11 family 13:18 13:18 15:25 16:7 18:25 favor 6:1 fax 17:16 February 3:22 3:25 8:9 felony 34:12 34:13 file 13:6 13:8 15:13 15:18 16:14 18:16 19:22 25:6 26:16 26:23 27:8 30:20 30:23 31:6 32:6 33:16 36:13 36:16 filed 3:7 3:22 4:4 4:22 5:3 5:4 7:14 12:1 13:2 14:3 20:15 21:2 23:17 25:10 31:11 31:25 32:21 filing 4:12 8:9 27:11 30:19 find. ..you're 5:11 finding 5:6 5:15 11:10 findings 5:12 fine 30:8 30:11

The Reporters Group Stephenson, VA WWW:rEP-ortersgroyp,com fines 34:15 first 4:11 11:5 14:15 14:22 24:5 five 7:14 7:21 13:1 27:15 34:2 36:11 flight 32:6 Florida 13:7 15:17 17:9 17:12 18:21 flush 27:14 flying 29:12 focused 31:22 folks 15:24 foremost 11:5 forth 9:23 forward 36:7 38:15 Foster 3:13 3:18 9:5 11:24 11:25 13:5 13:17 14:14 14:18 15:5 15:14 16:2 16:5 16:9 16:12 16:15 16:19 16:23 17:2 17:6 17:14 17:19 17:23 17:25 18:9 18:15 19:2 19:8 19:13 19:15 24:11 24:12 24:13 24:17 25:4 25:12 25:24 26:21 27:5 28:19 28:23 29:3 29:8 29:14 29:17 29:25 30:3

Corporate: HistoricJordanSprings t 1160JordanSpringsRoad t 800.262.8777 www.CountyCourtReporters.com 30:9 30:11 30:16 30:18 31:2 31:7 31:13 32:15 32:18 33:4 33:6 33:13 33:20 36:15 36:23 37:9 37:12 37:17 37:20 37:23 38:9 friend 18:25 19:1 front 13:6 13:10 18:16 33:18 33:18 34:17 34:17 34:25 34:25 frustrated 19:16 full 13:5 future 6:22

G general 9:24 12:23 24:15 30:10 35:7 35:9 George 3:11 4:11 4:22 5:13 5:17 5:25 7:6 7:12 7:18 7:24 8:2 8:6 8:17 9:7 11:13 11:14 11:20 13:12 13:24 14:1 14:8 14:10 14:13 14:19 14:22 14:24 14:25 15:1 15:4 20:20 21:1 21:13 22:18 24:5 24:10 25:15 26:3 26:13 26:14 26:18 27:14 28:13 28:17

Court Reporting. Video &litigationTechnology www.adyJegaltech.com Stephenson, VA22656 877.837.8313FAAvs COASTALAIR HEARING October23, 2012 Case Ref# 16870-2 Page 48 29:21 29:23 30:4 30:7 33:25 36:10 37:5 37:8 getting 18:6 given 6 :12 21: 20 gives 35:15 giving 6:16 grant 5:7 granted 4:18 12:13 23:6 granting 24:25 gravity 18:12 20:11 23:25 great 34:13 greater 34:4 34:14 35:3 35:5 guess 13:24 14:20 15:9 15:19 15:21 guidance 8:8 guidelines 5:20 5:21 6:4 8:12

H had...Ms 15:16 half 27:5 handicaps 33:17 happen 19:6 happy 14:6 27:21 35:13 hard 7:1 have

. . .I 'm 8 : 7 haven't 15:2 22:3 32:16 32:17 33:21 having 18:24 hazard 10:9 hazardous 9:11 9:19 9:25 32:3 35:17 hear 15:2 heard 20:25 21:12 hearing 3:1 3:24 4:5 4:13 5:2 5:8 5:18 6:8 6:15 8:10 11:4 12:16 20:2 20:16 23:3 24:8 28:3 31:12 37:14 37:21 37:22 37:23 38:4 38:7 38:19 hearing...or 25:9 Hearings 3:15 4:24 help 10:25 16:1 26:22 helpers 14:16 helpful 8:7 23:21 25:16 27:13 helping 27:2 hire 15:10 26:11 hired 13:14 19:1 hold 25:21 Honor 7:7 7:18 7:25 9:7 11:14 11:20 13:5 14:1 14:13 14:18 14:22 15:14 17:2 18:9 18:15 19:2 19:9 24:10 24:17 28:23 30:3 30:11 31:2 32:15 33:4 37:8 37:17 hopefully 32:9 hoping 10:25 hospital 16:8 18:8 house 34:19 34:19 34:21 35:1 35:2 huge 25:15 hypothetically 34:22

I I ...and 34:9 I

...I 12:24 13:10 18:19 18:22 23:14 23:23 31:3 31:17 I

...no 19:8 I

...they 15:15 I

...they

...they 33:20 I

.. .what 32:15 

### I'd 36:5 36:23 idea 24:7 ideally 26:18 31:21 32:7 identical 10:21 identified 8:11 24:14 36:12 identify 32:11 34:1 identifying 9:3

The ReportersGroup (CoQuntUy

## R.

# Trti·EPORTERS CourtReporting,Video Stephenson,VA I J**~** •Inc. & litigationTechnology**www.reporter~coup.com.** Vldeography LitigationTechnology www.adviEQaltech.com Corporate: HistoricJordanSprings t 1160JordanSpringsRoad t Stephenson, VA22656 800.262.8777 www.CountyCourtReporters.com 877.837.8313FAAvs COASTALAIR HEARING October23, 2012 Case Ref#16870-2 Page 49 I'll 27:10 29:18 33:23 36:7 36:10 I'm 4:1 5:23 6:20 7:22 9:1 10:25 11:23 14:24 15:1 19:14 24:11 25:10 26:7 26:8 26:8 27:3 27:3 27:20 28:9 28:17 28:23 29:3 29:8 29:14 29:20 30:17 30:18 30:20 32:1 32:21 33:25 35:11 35:11 35:13 35:13 36:3 36:8 I'm

...I'm 10:12 immediately 26:5 important 8:21 38:8 38:10 in

...in 19:3 23:18 in

...it 6:3 Inc 3:4 3:12 included 23:23 31:15 35:22 includes 35:17 including 20:1 inclusion 4:19 indicated 4:11 7:13 14:3 14:5 14:15 indicates 34:20 informal 13:15 13:17 information 4:24 5:17 12:20 14:16 15:16 18:20 19:20 25:14 26:19 informed 18:3 initial 12:19 22:19 initially 4:22 5:1 instances 10:20 intent 4:23 34:20 interim 25:22 involved 13:22 19:11 19:20 23:19 27:17 involves 34:14 34:16 island 28:24 29:1 Islands 16:22 28:5 isn't 33:2 issue 4:21 7:10 27:19 issued 15:7 issues 16:7 it

...I 26:2 it's 3:7 3:10 8:21 10:11 13:17 23:10 23:13 25:16 29:15 36:6 38:8 38:10 it's

...it's 25:24 26:4 I've 13:1 26:6 31:11

J January 28:4 38:4 38:7 Judge 3 : 3 3 : 20 5:10 5:14 5:22 6:10 7:8 7:19 8:2 8:16 8:20 9:8 11:15 11:21 12:9 12:11 13:14**1~:8** 14:11 14:14 14:24 15:1 15:5 15:23 16:3 16:6 16:11 16:13 16:17 16:21 16:24 17:3 17:10 17:15 17:21 17:24 18:5 18:11 : 18:23 19:3 19:12 19:14 19:21 24:12 24:22 25:5 25:23 26:6 28:7 28:9 28:19 28:25 29:5 29:12 29:16 29:20 29:25 30:4 30:9 30:12 31:6 31:9 31:14 32:16 32:19 33:5 33:11 33:14 33:23 37:9 37:14 37:16 37:18 37:22 37:24 38:10 judgment 10:18 18:14 19:7 19:11

The ReportersGroup CcoQuntUy

# RT~'EPORTERS CourtReporting. Video Stephenson,VA I J**~** , •Inc. & LitigationTechnology**www.reporter~.com** Videography litigationTechnology www.advlegaltech.com Corporate: HistoricJordanSprings i 1160JordanSpringsRoad i Stephenson, VA22656 800.262.8777 www.countyCOurtReporters.com 877.837.8313FAAvs COASTALAIR HEARING October23, 2012 Case Ref# 16870-2 Page 50 20:19 22:25 24:8 July 4:4 4:6 4:11 5:3 6:14 7:14 11:3 12:15 12:16 13:8 14:16 15:6 15:9 16:16 17:9 17:11 17:15 19:22 20:6 25:2 31:12 31:17 jump 32:25 justify 34:5

K key 30:16

1 label 37:13 labeled 9:14 35:18 lack 5:5 lady 13:18 language 6:23 last 14:20 17:3 17:21 18:17 24:19 25:9 27:11 last

... materials 30:19 Lastly 12:17 12:21 law 16:4 lawyer 3:12 26:15 26:16 lay 23:24 least 24:7 leave 29:9 33:23 leaves 11:21 led 3:25 legal 11:7 11:11 21:3 21:5 21:6 25:6 25:7 30:21 30:21 36:16 36:17 38:12 lets 15:23 let 1s 3 : 20 6: 10 7:11 9:8 14:14 30:4 30:12 30:13 31:25 32:2 34:22 lets

...let 17:10 letter 12:11 liberty 34:15 lieu 20:16 26:25 limit 38:7 limitation 6:18 limited 5:8 7:9 20:1 22:2 Lin 15:21 Linbaugh 14:2 15:21 16:3 16:9 17:5 17:6 18:4 list 4:2 8:3 listed 31:4 litigate 27:7 litigation 4:7 7:1 15:8 16:14 19:23 26:10 28:2 little 15:23 20:10 20:25 28:12 32:22 lives 16:19 living 16:22 located 16:17 locked 27:24 long 16:13 29:21 32:10 32:11 look

...I 1m 26 : 9 loss 34:15 lot 8:25 10:24 love 36:5

M mail 33:21 majority 25:18 26:1

manner 33:8

. March 12:11 12:14 marked 9:14 21:10 35:18 Maryland 14:2 16:20 17:1 match 8:18 material 7:17 9:13 9:17 9:20 9:25 11:7 11:17 21:7 23:17 25:10 27:9 32:4 35:17 36:18 materials 9:12 21:3 21:5 21:14 21:25 27:11 32:20 33:15 33:17 36:24

The ReportersGroup ccoountuy

# RT~EPORTERS CourtReporting.Vlc;leo Stephenson,VA I•**~** . •Inc. & litigationTechnology www.reportersgroup.com. Videography litigationTechnology www.advlegaltech.com Corporate: HistoricJordanSprings 

### c. 1160JordanSpringsRoad t Stephenson, VA22656 800.262.8777 www.CountyCourtReporters.com 877.837.8313FAAvs COASTALAIR HEARING October23, 2012 Case Ref# 16870-2 Page 51 matter 3:4 4:17 14:4 27:7 32:24 33:19 34:10 matters 3:21 37:3 may 22:17 23:20 23:20 23:24 24:3 28:12 30:15 35:13

me...give 2 7 : 2 3

me...let 20:9

mean 21:23 29:1 29:5

means 21:21 22:1 24:9 29:7 meantime 30:18 33:25 medical 16:7 Melissa 14:2 member 13:19 15:25 16:7 member

...extended 13:18 memorandum 25:6 30:21 36:17 merit 12:19 22:21 merits 22:16 met 13:7 17:6 17:11 Michael 3:13 minute 3:9 9:4 27:11 minutes 10:17 21:1 30:14 misdemeanor 34:14 misread 27:20 mistaken 25:4 36:8 moment 6 :11 8 : 5 27:23 Monday 29:22 29:22 29:23 30:1 money 38:8 months 15:6 morning 3:17 3:18 3:19 13:23 15:12 17:25 29:10 motion 3 : 7 3 : 8 3:22 3:24 4:5 4:10 4:13 4:18 4:19 4:23 5:2 5:10 6:15 8:9 8:10 11:4 12:2 12:12 12:13 13:4 18:13 18:14 20:1 20:2 20:12 20:16 20:19 20:21 22:7 22:15 22:16 22:23 23:5 24:1 24:6 24:8 24:8 24:15 24:16 24:20 25:1 25:8 25:13 26:12 27:13 32:7 34:5 36:21 36:23 37:14 37:21 37:25 38:5 38:19 Motion

...there 24:24 Motions 3:1 24:24 moved 24:22 moving 20:12 20:18 22:24 mult

...there 10:19 multiple 10:19 my...my 33:7

N narrative 12:24 31:15 nature 18:5 18:12 negotiate 13:12 26:17 negotiations 26:13 27:2 night 29:11 ninety 30:13 non-moving 22:23 23:1 notice 6:12 6:17 6:25 7:3 14:3 14:6 15:7 20:8 26:16 26:23 26:25 27:8 33:16 November 28:15 28:15 28:17 28:21 30:1 30:12 30:20 32:23 32:25 34:1 36:13 36:15 38:1 38:11 38:15

0 object 21:24 22:4 22:7 objection 22:1

The Reporters Group CcoQuntUy

# RTrliEPORTERS Court Reporting,Video Stephenson, VA

. I•**~** •Inc. & LitigationTechnology WWWI'EJ'Ortersgroup.com Videography LitigationTechnology www.advlegaltech.com Corporate: HistoricJordanSprings t 1160JordanSpringsRoad t Stephenson, VA22656 800.262.8777 www.countyCourtReporters.com 877.837.8313FAAvs COASTALAIR HEARING October23,2012 Case Ref# 16870-2 Page 52 observer 3:15 obvious 25:25 26:5

occur 36:14 occurred 22:12 23:12 38:7 o'clock 30:7 October 3:2 3:5 14:11 25:5 28:1 of

...of 19:9 of

...the 16:15 offense 34:23 35:5 office 3:14 3:16 4:24 Oh 23:2 okay 5:10 7:8 7:19 8:16 8:20 9:8 9:16 11:15 11:21 14:8 14:14 15:23 16:6 16:21 17:10 17:24 18:23 18:23 19:3 19:21 25:23 27:25 28:19 29:16 29:25 30:9 33:5 33:11 33:23 37:23 38:13 open 29:22 open-heart 18:7 opening 34:18 opponent 6:25 opportunity 22:6 27:14 32:22 opposing 6:12 22:6 31:10 opposition 12:16 24:18 31:12 oral 3:6 4:9 7:3 19:25 25:9 27:4 28:21 32:24 Order 15:8 19:23 20:5 28:10 original 8:24 20:14 21:15 originally 19:13 19:15 otherwise 27:21

our...actually 5:19

our...excuse 8:8 outlined 13:2 outlining 21:1 23:15

p p.m 38:16 package 32:9 35:12 packaged 9:14 35:18 page 8 :11 9 : 1 9:17 10:1 10:1 10:2 10:20 19:24 31:14 pages 8:23 32:11 paperwork 6:18 6:23 6:24 12:8 15:13 paragraph 9 : 2 19:24 31:15 participated 20:4 particular 4:1 5:21 7:3 7:17 8:5 10:13 12:2 15:7 17:5 18:13 19:9 19:25 20:17 23:18 25:1 25:8 26:12 27:4 28:21 35:24 36:3 36:22 particularly 33:15 parties 3:6 4:6 11:17 11:18 21:18 22:7 partner 13:19 13:20 15:21 16:4 party 20:18 22:6 22:23 23:1 passenger 32:5 penalty 4:15 4:16 4:25 5:15 5:20 5:21 6:2 6:3 8:8 8:12 34:15 38:5 people 26:25 perhaps 27:19 person 20:4 personal 15:19 personally 17:4 17:7 17:12 23:16 person's 34:17 phase 38:12 38:12 phone 14:22 17:7 17:16 17:20

The ReportersGroup CCoOuntUy

# RT~EPORTERS CourtReporting.Video Stephenson.VA I J**~** •Inc. & LitigationTechnology www.reportersgroup.com

. Videography

. LitigationTechnology www.advlegaltech.com Corporate: HistoricJordanSprings t 1160JordanSpringsRoad t Stephenson, VA22656 800.262.8777 www.CountyCourtReporters.com 877.837.8313FAAvs COASTALAIR HEARING October23, 2012 Case Ref# 16870-2 Page 53 17:22 photographs 2 6 : 1 pick 32:1 pictures 25:17 pieces 20:22 pilot 16:24 plane 29:13 29:15 planned 6:21 planning 15:10 27:6 Pleading 5:7 pleadings 3:23 3:25 4:2 6:1 6:6 8:10 24:18 please 38:17 point 7:2 7:6 position 12:20 23:5 30:25 positions 23:7 possession 16:14 postpone 27:4 potentially 20:24 22:4 23:15 31:16 31:19 prefer 23:3 preference 30:6 prehearing 24:24 preliminary 3:21 prepared 10:9 37:2 preponderance 23:11 presence 35:2

The Reporters Group Stephenson, VA .www.reportersgroug.com 38:14 present 3:10 3:11 3:14 6:24 10:17 23:13 23:19 24:18 25:20 32:22 36:10 presented 6:4 21:19 22:9 31:4 President 3:13 pressed 7:2 primary 6:17 6:25 9:23 10:17 22:8 22:9 prior 13:21 privately 33:24 probably 31:13 Procedures 15:8 19:23 proceeding 7:9 12:25 13:16 21:25 23:22 process 24:15 Production 12:23 professional 16:4 proof 22:13 34:23 proper 7:3 properly 9:13 proposed 5:1 proposing 5:16 provable 32:14 prove 10:23 22:11 proved 23:11

Corporate: HistoricJordanSprings t 1160JordanSpringsRoad t 800.262.8777 www.CountyCourtReporters.com provide 4:24 20:8 provided 5:17 21:6 provides 5:3 providing 11:8 14:16 public 6:17 pull 12:8 27:23 purpose 11:13 19:10 purpose...purpose 23:9 purposes 11:10 21:25

Q question 8:5 15:9 22:20 questions 4:10 11:23 27:10 quite 4:3

R raised 22:22 ramifications 19:5 Rashawn 3:11 3:19 reach 14:19 reading 4:20 ready 27:9 really 21:5 27:18

reason 8:20 8:21 33:9 recall 22:17

CourtReporting,Video &LitigationTechnology www.adylegaltech.com Stephenson1 VA22656 877.837.8313FAAvs COASTALAIR HEARING October23,2012 Case Ref# 16870-2 Page 54 receive 14:6 received 13:9 14:23 15:16 18:22 33:22 36:18 recently 16:8 recommend 33:14 recommendation 33:9 record 3:3 3:11 20:7 38:18 reference 9 : 2 4 referenced 10:4 12:5 references 10:6 refers 37:3 regarding 5:19 12:20 21:18 regulation 9:25 regulations 21:9 25:17 27:20 regulatory 8:14 relevant 21:7 relied 10:23 relief 5:23 6:13 6:18 rely 9:24 23:2 31:10 remaining 22:3 remains 30:16 remember 7:16 remembered 24:19 remind 20:11 repeat 37:12 37:16 37:18 repetitive 20:10 represent 13:15 15:12 36:25 Representation 27:1 representative 3:13 19:1 23:24 26:24 30:16 33:19 requested 18:1 require 18:8 required 9:15 35:19 requirements 9:15 9:22 32:4 35:20 35:21 35:25 research 21:9 resetting 28:20 resolution 13:25 respond 27:10 respondent 7:2 8:13 9:11 9:19 10:7 33:19 34:3 37:10 38:10 Respondents 12:18 36:20 37:13 37:20 Respondent's 5:4 12:20 12:22 responding 27:13 response 5:5 12:7 13:3 31:23 32:7 33:7 36:20 36:22 37:13 37:13 37:20 responses 12:1 23:16 31:16 resulted 16:7 retitle 6:23 returned 33:10 returning 29:18 review 7:25 15:19 22:19 27:9 reviewed 8:1 reviewing 26:3 27:17 Rich 3:11 Roberts 13:21 15:17 15:25 16:6 16:13 16:17 17:1 17:4 17:12 17:17 17:22 18:12 18:24 19:4 19:16 26:14 26:22 26:22 27:2 27:6 31:7 33:3 33:12 33:13 33:24 36:25 Roberts

...we 17:8

room 14:5 roughly 16:15 rule 4:7 20:25 rules 21:22 ruling 3:8 6:1



## s

The ReportersGroup Stephenson,VA**www.reporter~coup.com** County 

# rti COURl: EPORTERS.1nc. Videography

. U!ltigationTechnology CourtReporting,Video & litigationTechnology www.advlegaltech.com Corporate: HistoricJordanSprings t 1160JordanSpringsRoad t. Stephenson, VA22656 800.262.8777 www.CountyCourtReporters.com 877.837.8313FAAvs COASTALAIR HEARING October23, 2012 Case Ref#16870-2 Page 55 safe 30:14 safety 34:3 sanction 4:6 4:13 5:2 5:8 6:9 6:16 8:11 11:5 12:17 20:2 24:9 31:12 36:21 37:15 37:22 sanctions 3:24 24:19 31:3 37:23

saw 23:15

scene 23:20 schedule 26:10 28:2 30:13 scheduled 28:4 scheduling 4:7 19:10 scope 5:8 22:2 second 7:24 13:11 26:11 36:5 section 9:10 9:18 10:7 35:16 Section

... violation 9:16 sections 8:12 seeing 35:11 36:3 seeking 4:16 5:2 5:23 5:25 6:14 6:19 15:25

seen 19:24 26:6 send 25:14 31:3 sending 13:9 26:4

sense 7:5 sent 15:15 20:6 25:15 33:7 separate 10:15 35:23 separately 35:4 36:4 Setting 15:8 19:23 settle 38:16 settlement 13:12 14:5 19:18 25:22 26:13 36:13

seven 29:11 several 13:6 14:20 15:22 17:19 she's 15:20 15:20 26:4 27:6 33:16 36:25 shipment 9:14 35:19 signed 12:6 12:14 12:16 12:17 12:21 23:17 31:17 31:19 simplistic 34:9 simply 4:17 5:11 11:6 11:10 20:11 21:3 21:25 26:20 sir 19:14 sitting 3:15 six 29:11 sixteen 7:12 7:15 7:20 8:14 8:18 8:22 20:14 22:20 27:15 31:20 31:23 34:1 34:6 36:2 36:11 38:2 38:6 Smith 3:15

so...my 27:24

some...some 32:20

someone 13:14 15:10 34:12 34:24 sorry 19:14 24:11 sort 19:18 sounds 17:12 speak 15:22 specific 18:6 35:8 36:22 specifically 8:15 10:3 19:25 23:6 31:22 33:1 36:20 spoke 17:21 17:25 spoken 17:7 17:19 St 16:22 28:5 stake 38:8 started 14:16 Starting 28:13 starts 9:3 statement 32:8 statements 25:17 25:25 Statutory 27:18 stay 18:8 step 7:20

The Reporters Group Stephenson,VA www;reportersgroup.com County 

# rli COUR"'I: EPORTERS.tnc. Vldeography

# ~itigationTechnology Court Reporting.Video & litigationTechnology www.advlegaltecb.com Corporate: HistoricJordanSprings t 1160JordanSpringsRoad t Stephenson, VA22656 800.262.8777 www.CountyCourtReporters.com 877.837.8313FAAvs COASTALAIR HEARING October23, 2012 Case Ref# 16870-2 Page 56 stop 14:24 15:1 strong 27:18 strongly 33:14 subcategories 8:13 8:19 34:8 subchapter 9:16 9:22 10:10 32:4 35:20 35:21 36:1 subject 32:4 submit 20:19 submitted 11:11 11:17 12:4 12:15 subsection 9:10 10:4 10:22 subsections 9:25 subsequent 3:25 5:3 subsumed 35:2 suffice 4:3 sufficient 22:11 22:13 23:8 suggest 26:21 summary 10:18 11:12 18:14 19:6 22:24 24:6 24:8 supplements 36:17 support 4:5 4:12 4:25 5:6 5:18 6:15 10:4 11:4 11:11 21:12 30:22 32:13 36:17 supports 30:25 supposed 15:15

sure 2 6 : 7 3 6 : 2 4 surgery 13:20 16:10 18:4 18:6 18:7

T table 22:14 25:1 talk 3:9 3:20 6:10 7:11 9:6 11:2 13:22 15:23 18:11 22:8 27:6 33:1 37:1 37:10 talking 7:10 19:15 20:25 21:13 22:18 26:18 33:12 38:3 38:15 talks 9:9 9:21 10:7 teleconference 18:18 25:3 telephone 17:17 29:2 37:25 tell

...tell 31:10 terms 22:14 34:10 testimonial 11:9 20:23 21:11 23:22 30:24 31:16 31:19 31:22 32:12 thank 7:8 15:2 37:17 38:13 thanks 11:8 Thanksgiving 28:14 that

...I'm 12:7 that's 5:22 15:14 16:2 16:5 16:23 17:14 18:18 19:19 21:5 21:5 22:10 25:19 30:11 31:14 34:22 36:5 38:5 38:8 the

...bring 15:18 the

...excuse 4:25 the

. . .in 2 5 : 2 2 the

...let's 17:8 the

. . .the 2 6 : 3 28:15 themselves 7:5 therefore 6:6 there's 10:12 27:16 they

...Ms 31:7 they

...they 24:22 they're 11:10 13:24 21:10 32:10 they've 14:19 this

...this 13:22 ticket 34:14 tied 15:20 timeframe 30:10 title 6 : 1 7 6 : 2 4 to

...to 8:18 10:23 22:11 today 4:19 5:14

The Reporters Group (CoOuntUy

# RT~' 'EPORTERS CourtReporting.Video Stephenson.VA ,I'**~** •Inc. & LitigationTechnology www.reportersgroup.com Vldeography LitigationTechnology www.advlegaltech.com Corporate: HistoricJordanSprings t 1160JordanSpringsRoad 1.. Stephenson, VA22656 800.262.8777 www.CountyCourtReporters.com 877.837.8313FAAvs COASTALAIR HEARING October23, 2012 Case Ref# 16870-2 Page 57 5:24 12:2 13:20 16:10 18:2 18:13 18:19 19:6 21:12 22:7 22:9 22:15 23:10 24:4 25:9 27:25 37:7 37:10 38:14 today's 4:1 4:9 12:25 21:25 23:22 25:2 total 37:19 touch 13:11 traffic 34:14 transit 29:3 29:8 Transport 3:4 3:12 transportation 9:12 10:8 transported 9:19 transporting 10:8 Transport's 23:21 tremendously 33:17 trespass 34:25 34:25 trial 20:16 23:2 tries 20:18 true 21:15 21:21 34:23 36:5 36:7 truly 23:25 try 13:12 20:9 24:13 30:4 30:12 32:22

The Reporters Group Stephenson,VA**.~reP.Qrtersgroup.corn** trying 4:21 14:19 25:21 28:9 29:20 Tuesday 3:5 28:21 turn 10:1 11:23 turned 8:10 turning 28:19 tweak 28:12 type 6:23 6:24 12:4 13:24 20:11 20:16 22:1 22:15 22:23 23:18 24:15 types 12:1 14:7 35:6 typically 35:8



### u ultimately 4:16 understand 7:6 11:11 15:24 33:4 38:9 understanding 11:19 24:16 25:13 understood 23:25 undisputed 16:25 unlawful 35:1 35:1 upon 5:3 9:24 10:23 31:10 utilize 21:17 utilized 35:9



## v various 20:21

Corporate: HistoricJordanSprings t 1160JordanSpringsRoad t 800.262.8777 www.CountyCourtReporters.com violation 3:9 7:10 8:13 9:10 9:18 10:6 22:17 32:2 32:2 32:12 32:14 35:14 35:15 35:16 35:22 35:24 36:1 violations 5:12 7:4 7:12 7:16 7:21 8:14 8:22 8:25 9:3 9:24 10:2 10:3 10:5 10:13 10:21 10:23 10:24 11:12 12:21 20:14 22:12 22:12 22:13 22:19 22:21 23:12 27:15 30:23 31:1 31:21 31:24 34:2 34:3 3 4 : 6 3 4 : 8 35:6 35:7 35:8 35:9 35:12 35:24 36:2 36:11 38:2 38:6 Virgin 16:22 28:5



### w walking 34:18 want

...you 31:9

was...I 24:19 Washington 13:7 wasn't 5:6 19:11 we'd 38:3 week 18:17 18:18 28:14

Court Reporting.Video &litigationTechnology www.adylegaltech.corn Stephenson, VA22656 877.837.8313,, FAAvs COASTALAIR HEARING October23, 2012 Case Ref# 16870-2 Page 58 28:15 29:17 weekend 29:21 weeks 14:20 27:5 we'll 3:9 29:17

we're 6 : 7 7 : 10 23:9 29:9 31:25 we've 4:3 what

...which 27:15 whatever 33:9 when

...that 29:5 when

...that's 19:19 When

...when 34:23 where

...how 15:11 wherein 3:23 WHEREUPON 8 : 1 12:9 28:7 38:19 whether 22:9 22:20 23:7 23:8 23:10 27:16 whole 35:5 whomever 26:14 who's 3:13 widest 12:3 win 23:4 wish 38:18 witness 25:17 25:25 Witnesses 28:3 wondering 7:22 work 25:21 27:21 workable 28:11 working 13:19 13:24 works 3:16 would

...I 2 6 : 20 writing 20:5 written 30:21 wrong 30:25 32:14 35:13 35:13

y yard 34:17 34:25 Yes

...yes 2 4 : 1 7 yesterday 14:10 14:11 17:23 yet 13:10 15:2 15:16 18:22 32:17 33:10 you...you 25:11 you'll 37:1 your...your 19:7 you're

...you're 22:25 you've 7:12 8:22 15:6 24:2 32:21 34:8 36:12

The Reporters Group Stephenson,VA**l!IIWW~dersgroup.com** County 

# r;. COURT. EPORTERS.tnc. Videography

# ~ltigationTechnology Court Reporting.Video & litigationTechnology www.advlegaltech.com Corporate: HistoricJordanSprings t 1160JordanSpringsRoad t Stephenson, VA22656 800.262.8777 www.CountyCourtReporters.com 877.837.8313