UNITED STATES OF AMERICA:

 IN THE U.S. DEPARTMENT OF TRANSPORTATION

 OFFICE OF HEARINGS

IN THE MATTER OF:

WINGS AIR, LLC

FDMS NO. FAA-2013-0849

_____________________________________________________

 TELECONFERENCE BEFORE

 THE HONORABLE J.E. SULLIVAN

 TUESDAY, NOVEMBER 18, 2014

 1:50 P.M.

 HISTORIC JORDAN SPRINGS

 1160 JORDAN SPRINGS ROAD

 STEPHENSON, VIRGINIA 22656
USDOT vs Wings Air Teleconference November 18, 2014 VR # 1680-1 Page 2

1 APPEARANCES

2

3 ON BEHALF OF THE COMPLAINANT,

4 UNITED STATES OF AMERICA, DEPARTMENT OF

5 TRANSPORTATION:

6 ZACHARY M. BERMAN, ESQUIRE

7 OFFICE OF REGIONAL COUNSEL, EASTERN DIVISION

8 FEDERAL AVIATION ADMINISTRATION

9 1 AVIATION PLAZA

10 JAMAICA, NEW YORK 11434

11 TELEPHONE: 718.553.3258

12 FACSIMILE: 718.995.5699

13

14 PRESENT VIA TELECONFERENCE

15 CODY SMITH, ESQUIRE

16 ATTORNEY ADVISOR

17 OFFICE OF HEARINGS, M-20

18 U.S. DEPARTMENT OF TRANSPORTATION

19 1200 NEW JERSEY AVENUE, S.E.

20 WASHINGTON, DC 20590

21 TELEPHONE: 202.366.6941

22 FACSIMILE: 202.366.7536

23

24

25
USDOT vs Wings Air Teleconference November 18, 2014 VR # 1680-1 Page 3

1 ON BEHALF OF THE RESPONDENT,

2 WINGS AIR, LLC:

3 GREGORY WINTON, ESQUIRE

4 THE AVIATION LAW FIRM

5 ONE RESEARCH COURT, SUITE 450

6 ROCKVILLE, MARYLAND 20850

7 TELEPHONE: 301.294.8550

8 FACSIMILE: 301.294.2525

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USDOT vs Wings Air Teleconference November 18, 2014 VR # 1680-1 Page 4

1 INDEX

2 Page

3

4 (NONE EXAMINED)

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7 EXHIBITS

8 Exhibit Page

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10 (NONE MARKED)

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USDOT vs Wings Air Teleconference November 18, 2014 VR # 1680-1 Page 5

1 TELECONFERENCE HEARING

2 TUESDAY, NOVEMBER 18, 2014

3 1:50 P.M.

4 THE COURT: Good afternoon. This is

5 Judge Sullivan. Do I have Mr. Berman on the line?

6 MR. BERMAN: Yes.

7 THE COURT: And Mr. Winton appearing on

8 behalf of the respondent?

9 MR. WINTON: Yes, Your Honor.

10 THE COURT: Okay. And I should have a

11 court reporter by the name of Suzanne Gonzales?

12 COURT REPORTER: Yes, ma'am, I'm here.

13 THE COURT: Okay. And Ms. Gonzales,

14 just so that you know, the heading of the transcript

15 should be the United States of America, U.S.

16 Department of Transportation Office of Hearings.

17 COURT REPORTER: Thank you.

18 THE COURT: You're welcome. All right,

19 ma'am, court reporter, are you ready to go on the

20 record?

21 COURT REPORTER: Yes, I am.

22 THE COURT: Okay. We're on the record

23 in the matter of Wings Air, LLC. This is FAA docket

24 number FAA-2013-0849.

25 Today is Tuesday, November 18, 2014 and
USDOT vs Wings Air Teleconference November 18, 2014 VR # 1680-1 Page 6

1 the parties have appeared by telephone for a pre2 hearing status conference. The Federal Aviation

3 Administration, which I'll herein after refer to as

4 the FAA, is represented by its attorney of record, Mr.

5 Zachary M. Berman. The respondent, Wings Air, LLC is

6 represented by its Attorney of Record, Jared M. Allen.

7 Mr. Allen is not present today but standing in for him

8 is an associate or co-counsel, excuse me, Gregory

9 Winton. Also present in the Office of Hearing,

10 sitting in as an observer is Cody L. Smith, an

11 attorney advisor with this office.

12 Good afternoon everyone. As you may

13 all recall, the last time we talked to each other was

14 on March 18, 2014. At that time the parties appeared

15 for a Rule 16 litigation scheduling conference and

16 discussed this case, that hearing date and other

17 litigation and discovery deadlines. That same day, on

18 March 18, 2014, an order setting litigation dates and

19 procedures was filed. Among other things, this

20 particular order codified the fact that the parties

21 had agreed to set a dispositive motion conference for

22 today's date and time and that if such dispositive

23 motions were not filed, the matter would be

24 automatically converted by the Court into a pre25 hearing status conference. And we have essentially, a
USDOT vs Wings Air Teleconference November 18, 2014 VR # 1680-1 Page 7

1 trial that's set in this matter for February 24

2 through February 26, 2015 in the State of New York.

3 And it's my understanding from a very

4 brief conversation with Mr. Smith before I conferenced

5 in with counsel this afternoon that there may be a

6 change of plan regarding that. So, Mr. Berman, why

7 don't I turn to you first. Do you have any updates to

8 provide to the Court?

9 MR. BERMAN: Yes. First of all, I

10 apologize I hadn't called at the assigned time and the

11 reason I didn't call was I was, I thought that, see,

12 we, we settled the case a long time ago, a few months

13 ago and I was under the impression, I made the, I

14 guess I was mistaken, that I had, that we had

15 notified, you know, submitted the paperwork to you,

16 Your Honor, to get the case closed out but I, I guess

17 if, if that's not the case and I apologize if that's

18 the case, that I didn't submit the, make, make sure

19 that the paperwork was submitted. But, the bottom

20 line is the case has been settled.

21 THE COURT: Well, that's good news for

22 everyone, then. And I would simply note that the last

23 material that was filed in this Court's file was dated

24 April 1, 2014 and it was a letter from Mr. Berman to

25 Mr. Allen regarding some discovery requests. So,
USDOT vs Wings Air Teleconference November 18, 2014 VR # 1680-1 Page 8

1 there's been nothing filed in the Court's file

2 regarding the parties progress and it's my

3 understanding from my brief conversation with Mr.

4 Smith that there's nothing that's been filed yet at

5 the hearing docket level. So, is there something, Mr.

6 Berman, that you can file with us today or tomorrow

7 that could help us close out the file here?

8 MR. BERMAN: Yes. I'll, I'd like to

9 work that out with Mr. Winton as to, we'll

10 collectively, we'll file something to get this case

11 closed, closed out.

12 THE COURT: Okay. Mr. Winton, do you

13 have anything you would like to add or comment to in

14 deposition to what Mr. Berman has already noted?

15 MR. WINTON: No, Your Honor. And

16 again, I apologize as well. We did resolve the case

17 on May 16th, 2014 with the signing of a promissory

18 note for payment of civil penalties so the, I think

19 the problem of confusion may have been, this was

20 related to a, another case arising on the same facts

21 and circumstances. They were both resolved at the

22 same time and the other matter was pending before the

23 NTSB. So, in the confusion, I think maybe the DOT

24 Administrator Law Judge's office and hearing docket

25 had not been advised and we will take care of that
USDOT vs Wings Air Teleconference November 18, 2014 VR # 1680-1 Page 9

1 through a stipulation for voluntary dismissal no later

2 than close of business tomorrow.

3 THE COURT: Okay, that sounds good.

4 And what I will do is I'll just, I won't set anything

5 else up on my calendar. I'll just tick my calendar

6 privately for next week and hope to receive something

7 from, from you by tomorrow or Friday at the very

8 latest. If you do have any kind of problems, please

9 give Mr. Smith a call and let us know so that we can

10 keep abreast of what the progress is or any snags in

11 the timeline. Mr. Berman, on behalf of the FAA, is

12 there anything else that we can take care of for your

13 client today?

14 MR. BERMAN: No. no, no thank you.

15 THE COURT: And Mr. Winton, on behalf

16 of your client, anything else we need to address for

17 you?

18 MR. WINTON: Nothing else, Judge, thank

19 you.

20 THE COURT: Okay. I'm going to thank

21 you both very much for your presence today.

22 Congratulations again, on settling the matter and I

23 look forward to getting your final materials soon.

24 With that, we can go off the record and I wish you all

25 a good day. Thank.
USDOT vs Wings Air Teleconference November 18, 2014 VR # 1680-1 Page 10

1 MR. WINTON: Thank you as well.

2 MR. BERMAN: Thank you, thank you,

3 Judge. Bye-bye.

4 (WHEREUPON, the Teleconference was concluded at 1:58

5 p.m.)

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USDOT vs Wings Air Teleconference November 18, 2014 VR # 1680-1 Page 11

1 STIPULATION

2

3 The foregoing matter was taken on the date, and at

4 the time and place set out on the title page hereof.

5

6 It was requested that the matter be taken by the

7 reporter and that the same be reduced to typewritten

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CERTIFICATE OF REPORTER AND SECURE ENCRYPTED

I, Suzanne W. Gonazales, Notary Public, do hereby

 certify that the foregoing matter was reported by 

 stenographic and/or mechanical means, that same was 

 reduced to written form, that the transcript prepared 

 by me or under my direction, is a true and accurate 

This transcript and certificate have been digitally

 or otherwise interest in the action filed or its outcome.

 record of same to the best of my knowledge and ability; 

 or counsel employed by the parties hereto, nor financial

 that there is no relation nor employment by any attorney 

Court Reporter / Notary

SIGNATURE AND DELIVERY OF CERTIFIED TRANSCRIPT

 signed and securely delivered through our encryption

 server.

IN WITNESS HEREOF, I have here unto set my hand 

 this day of , .

Notary Registration Number: 7060068

My Commission Expires: 

Suzanne W. Gonzales

4th

02/28/2018

December 2014
USDOT vs Wings Air Teleconference November 18, 2014 VR # 1680-1 Page 13

1

1 7:24

1:50 5:3

1:58 10:4

16 6:15

16th 8:17

18 5:2 5:25

6:14 6:18

2

2014 5:2 5:25

6:14 6:18

7:24 8:17

2015 7:2

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A

abreast 9:10

add 8:13

address 9:16

Administratio

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Administrator

8:24

advised 8:25

advisor 6:11

afternoon 5:4

6:12 7:5

ago 7:12 7:13

agreed 6:21

Air 5:23 6:5

Allen 6:6 6:7

7:25

already 8:14

am 5:21

America 5:15

Among 6:19

anything 8:13

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apologize

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appeared

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appearing 5:7

April 7:24

arising 8:20

assigned 7:10

associate 6:8

attorney

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automatically

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Aviation 6:2

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behalf 5:8

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Berman 5:5

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bottom 7:19

brief 7:4 8:3

business 9:2

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calendar

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care 8:25

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case 6:16

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change 7:6

circumstances

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civil 8:18

client 9:13

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close 8:7 9:2

closed 7:16

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co-counsel

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codified 6:20

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collectively

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comment 8:13

concluded

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conference

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conferenced

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confusion

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converted

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counsel 7:5

court 5:4 5:7

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date 6:16

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dates 6:18

day 6:17 9:25

deadlines

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Department

5:16

deposition

8:14

discovery

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discussed

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USDOT vs Wings Air Teleconference November 18, 2014 VR # 1680-1 Page 14

dismissal 9:1

dispositive

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docket 5:23

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DOT 8:23

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else 9:5 9:12

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essentially

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everyone 6:12

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excuse 6:8

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FAA-2013-0849

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fact 6:20

facts 8:20

February

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Federal 6:2

file 7:23 8:1

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filed 6:19

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final 9:23

first 7:7 7:9

forward 9:23

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Gonzales 5:11

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Gregory 6:8

guess 7:14

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heading 5:14

hearing 5:1

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8:5 8:24

Hearings 5:16

help 8:7

herein 6:3

Honor 5:9

7:16 8:15

hope 9:6

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I'd 8:8

I'll 6:3

8:8 9:4 9:5

I'm 5:12 9:20

impression

7:13

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Jared 6:6

Judge 5:5

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Judge's 8:24

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last 6:13

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later 9:1

latest 9:8

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letter 7:24

level 8:5

line 5:5 7:20

litigation

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LLC 5:23 6:5

long 7:12

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ma'am 5:12

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material 7:23

materials

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matter 5:23

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may 6:12

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maybe 8:23

mistaken 7:14

months 7:12

motion 6:21

motions 6:23

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news 7:21

note 7:22

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noted 8:14

nothing 8:1

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notified 7:15

November

5:2 5:25

NTSB 8:23

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observer 6:10

office 5:16

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order 6:18

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paperwork

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particular

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parties 6:1

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payment 8:18

penalties

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USDOT vs Wings Air Teleconference November 18, 2014 VR # 1680-1 Page 15

pending 8:22

plan 7:6

please 9:8

pre 6:1 6:24

presence 9:21

present 6:7

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privately 9:6

problem 8:19

problems 9:8

procedures

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progress

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promissory

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provide 7:8

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reason 7:11

recall 6:13

receive 9:6

record 5:20

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6:6 9:24

refer 6:3

regarding 7:6

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related 8:20

reporter 5:11

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represented

6:4 6:6

requests 7:25

resolve 8:16

resolved 8:21

respondent

5:8 6:5

Rule 6:15

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scheduling

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setting 6:18

settled

7:12 7:20

settling 9:22

signing 8:17

simply 7:22

sitting 6:10

Smith 6:10

7:4 8:4 9:9

snags 9:10

sounds 9:3

standing 6:7

State 7:2

States 5:15

status 6:2

6:25

stipulation

9:1

submit 7:18

submitted

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Sullivan 5:5

sure 7:18

Suzanne 5:11

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talked 6:13

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telephone 6:1

thank 5:17

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10:1 10:2

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there's 8:1

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tick 9:5

timeline 9:11

today 5:25

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today's 6:22

tomorrow

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transcript

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Transportatio

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trial 7:1

Tuesday 5:2

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turn 7:7

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U.S 5:15

understanding

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United 5:15

updates 7:7

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voluntary 9:1

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week 9:6

welcome 5:18

we'll 8:9

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WHEREUPON

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Wings 5:23

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Winton 5:7

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wish 9:24

work 8:9

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