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ORIGINAL 

to 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

IN THE MATTER OF: 

IVY ENTERPRISES, INC. 

RESPONDENT 

LITIGATION CONFERENCE 

BEFORE THE HONORABLE 

JUDGE J. E. SULLIVAN 

M A 'Z-Otl -W/ 6 

DOCKET NO. H<CaA"2011 -IJrl i 

(KEBERMrrMOTORreftRfilfiBu 

SAFETY ADMlWiyTKATlON) 

FEBRUARY 29, 2012 

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16772-1 IVY ENTERPRISES, INC, IN THE MATTER OF 02/29/2012 PAGE 2 

APPEARANCES 

ON BEHALF OF THE RESPONDENT: 

JOHN COONEY 

RUSKIN MOSCOU FALTISCHEK P.C 

1425 RXR PLAZA 

EAST TOWER, 15TH FLOOR 

UNIONDALE, NY 11556-1425 

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ON BEHALF OF THE COMPLAINANT 

JEANINE C. GOTIMER 

OFFICE OF THE REGIONAL COUNSEL 

EASTERN REGION 

FEDERAL AVIATION ADMINISTRATION 

1 AVIATION PLAZA 

JAMAICA, NY 11434 

ALSO PRESENT: 

LOUIS MISIANO, FEDERAL AVIATION ADMINISTRATION 

PRIYA KRISHA, ATTORNEY INTERN, 
16772-1 IVY ENTERPRISES, INC, IN THE HATTER OF 02/29/2012 PAGE 3 

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LITIGATION CONFERENCE 

FEBRUARY 29, 2012 

JUDGE SULLIVAN: We are on the record in 

the matter of Ivy Enterprises, Inc.. This is docket 

number FMSCA-2011-1116. Today is Wednesday, February 

29, 2012, and the parties have convened by telephone 

for a first litigation scheduling conference. The FhA 

is represented by Jeanine Gotimer, the Attorney of 

Record. Also present in her office and sitting as an 

observer, is Aviation Safety Inspector, Louis Misiano. 

Present on behalf of the Respondent, Ivy Enterprises is 

John Cooney, an Associate with the law firm that is of 

record representing the Respondent, Alexander G. 

Bateman, Jr., the Attorney of Record, is not present 

toda y and Mr. Cooney is sitting in for him. In 

addition present at the Office of Hearings is Priya 

Krishna, an Attorney Intern who is sitting in as an 

observer only today. Good afternoon. Counsel. 

MR. COONEY: Good afternoon, Your Honor. 

JXTOGE SULLIVAN: I will simply note that 

there has been a variety of activities on this file, 

and in essence, there was an order issued by this Court 

on February 21, 2012 identified as "Order Denying 

Respondent's Motions for a More Definitive Statement 

and a Stay of Discovery, and Granting/Denying Other 

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16772-1 IVY ENTERPRISES, INC, IN THE MATTER OF 02/29/2012 PAGE A 

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Relief." And in the introductory paragraph of that 

two-page order, on Page 1 is a more specific statement 

of the general history of the case leading up to 

today's proceeding. According to this particular 

order, the Court essentially is directing the 

Respondent to follow written answer on or before March 

2, 2012 according to the Regulation with a deferral of 

the parties jointly written proposed Rule 26(f) 

Scheduling/Discovery Plan until after March 2, 2012. 

This particular telephone conference was retained so 

that we have the easiest, fastest, most efficient way 

of resetting the deadlines for both the Rule 26(f) 

Discovery Plan and for a second litigation scheduling 

conference pursuant to the prior order that was entered 

by the Court. So let me talk with the FAA Counsel 

first. Looking at your calendar, after March 2, 2012, 

about how much time do you think you are going to need 

to consult with Mr. Bateman or Mr.. Cooney for Rule 

26(f) conference? Typically, I grant...I set these up 

so that the parties have between 30 and 60 days to talk 

to each other. This case obviously has been lingering 

a little bit longer than that. How much time would you 

like to have? 

MS. GOTIMER: Your Honor, I think 

anything ten days after the answer or beyond is fine 

County 

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16772-1 IVY ENTERPRISES, INC, IN THE MATTER OF 02/29/2012 PAGE 5 

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with the Agency. 

JUDGE SULLIVAN: Okay. Mr. Cooney, on 

behalf of the Respondent, how much time would you like 

to have? 

MR. COONEY: That is about the 

appropriate amount of time. Ms. Gotimer and I have 

discussed anything from March 14 forward would be fine 

with us, Your Honor. 

JUDGE SULLIVAN: Okay. Why don't I take 

a look at my calendar too. Okay, I have to get out of 

2013, my conference just before this one, we were 

talking about some dates next year...for reasons I 

don't need to go into. My March calendar right now is 

booked every week with out of state trials'.' So, the 

earliest that I could hold a Rule 16 Litigation 

Scheduling Conference would be the week of April 2, 

2012. Why don't we do this, why don't we set the 

conference first, and then we can back track a week for 

filing of the Rule 26(f) discovery plans, and that may 

end up giving you both a little bit more wiggle room, 

if you will for further negotiation. 

MR. COONEY: Yes, that will help. Your 

Honor, thank you. 

JXTOGE SULLIVAN: Ms. Gotimer, starting 

with you, do you have any dates that are blackout dates 

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16'772-1 TVY ENTERPRISES, INC, IN THE MATTER OF 02/29/2012 PAGE 6 

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during the week of April 2, 2012 for a second 

litigation conference? 

MS. GOTIMER: Yes, Your Honor, just April 

3 and 4th. 

JUDGE SULLIVAN: Okay, when you say, 

"just April 3 and 4th," are those the dates that you 

are not available? 

MS. GOTIMER: Yes. 

JUDGE SULLIVAN: Okay, and turning to 

you, Mr. Cooney, any blackout dates during the first 

week of April 2012? 

MR. COONEY: No, Your Honor, either I or 

Mr. Bateman will be available any day the Court 

chooses. 

JUDGE SULLIVAN: Okay, let's talk about 

April 5, 2012, which is Thursday. Ms. Gotimer, do you 

have a preferred time during that day for a one hour 

scheduled conference? 

MS. GOTIMER: Anything in the morning, or 

the early afternoon would be the Agency's preference. 

One o'clock or before. 

JUDGE SULLIVAN: Okay, Mr. Cooney, any 

preference on Thursday, April 5, 2012? 

MR. COONEY: That is fine with us. Your 

Honor, one p.m., or before is fine. 

County y ^ 

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800.262.8777 www.CountyCourtReporters.com 877.837.831 3 
16772-1 IVY ENTERPRISES, INC, IN THE HATTER OF 02/29/2012 PAGE 1 

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JUDGE SULLIVAN: Okay, why don't we set 

this for Thursday, April 5, 2012 at ten a.m. in the 

morning. And I will err on the side of caution, and 

ask parties to reserve one hour. My conferences will 

generally run anyv;here from eight minutes to an hour 

depending on how prepared the parties are. 

Let's talk then next about the due date 

for filing the Rule 26(f) Discovery Plan. I usually 

like to have the parties file it one week in advance of 

the actual conference, that would be March 29, 2012, 

given our April 5, 2012 date. Ms. Gotimer, starting 

with you, is that an acceptable time? 

MS. GOTIMER: Yes, Your Honor. 

JUDGE SULLIVAN: Okay, and Mr. Cooney, 

for your client, is that also acceptable? 

MR. COONEY: Yes, it is. Your Honor. 

JUDGE SULLIVAN: Okay, and that is the 

date that we will set for the filing of the parties 

jointly written and submitted discovery plan. I will 

ask you specifically to make sure you address the issue 

of venue in that plan, as well as any and all dates for 

dispositive motion, discovery cutoff...those kinds of 

things that are already referenced generally in the 

original order directing you conduct a 26(f) Discovery 

conference between the two of you. With that, I will 

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L6772-1 IVY ENTERPRISES, INC, IN THE MATTER OF 02/29/2012 PAGE 3 

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anticipate, Mr. Cooney, that your client will be filing 

a written answer on or before March 2, 2012, which is 

this Friday. 

MR. COONEY: Yes, Your Honor. 

JUDGE SULLIVAN: Is there anything else 

that you would like to address on behalf of your client 

today, then? 

MR. COONEY: No, not at this time. Your 

Honor, thank you. 

JUDGE SULLIVAN: Okay, and Ms. Gotimer, 

on behalf of your client, anything else Chat you would 

like to address on behalf of your client? 

MS. GOTIMER: No, thank you. Your Honor. 

JUDGE SULLIVAN: Okay, then what I will 

do. Counsel, is I will be sending out a written order 

codifying in writing the dates of March 29, 2012, and 

the conference date of April 5, 2012 at 10 a.m. You 

should be getting that by tomorrow by fax, and of 

course we will also mail it by United States mail.' 

With that, it appears our business is complete. We can 

go off the record, and I wish you all a good day. 

(WHEREUPON, the proceedings were concluded at 1:09 

p.m. ) 

County y ^ 

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16772- 1 IVY ENTERPRISES, INC, IN THE HATTER OF 02/29/201 2 PAGE 9 

CAPTION 

The Hearing in the matter, on the date, and at the time 

and place set out on the title page hereof. 

It was requested that the Hearing be taken by the 

reporter and that same be reduced to typewritten form. 

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16772-1 IVY ENTERPRISES, INC, IN THE MATTER OF 02/29/2012 PAGE 10 

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CERTIFICATE OF REPORTER 

COMMONWEALTH OF VIRGINIA AT LARGE: 

I do hereby certify that the witness in th^ 

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 oi 

the deposition as taken, to the best of my skill anc 

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. 

UUtUuQ^-J^AUKy 

PAULA J. GREER 

COURT REPORTER / NOTARY 

NOTARY REGISTRATION NUMBER: 7512387 

My Commission Expires: 
16772-1 IVY ENTERPRISES, INC, IN THE HATTER OF 

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