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 22656USDOT 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 25USDOT 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 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25USDOT vs Wings Air Teleconference November 18, 2014 VR # 1680-1 Page 4

1 INDEX 2 Page 3 4 (NONE EXAMINED) 5 6 7 EXHIBITS 8 Exhibit Page 9 10 (NONE MARKED) 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25USDOT 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 andUSDOT 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, aUSDOT 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 thatUSDOT 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.) 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25USDOT 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 8 form. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 251 2 3 4

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25 24 23 22 **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**

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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

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