O 71 P 

•S ? o 

^ 9 

. c u 

S e w 

uj . s >^ 

K -S "2 

o -* 

"-"lib 

u 

c 

ORIGINAL 

(O 

tn 

to 

CM 

CN 

o 

(A 

c 

a> 

Q. 

0} 

</3 

31 

Q\JS 

1/1 

tf} 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

IN THE MATTER OF: 

ELITE AIR, INC. 

RESPONDENT 

LITIGATION CONFERENCE 

BEFORE THE HONORABLE 

JUDGE J. E. SULLIVAN 

DOCKET NO. PMSSA^^aO-ll-llg!? 

TO 

, 

L; 

ro=5:?z:^ 

(F-SDERAL MOTOR CARRIERSAFETY ADMINISTRATION) 

MARCH 1 , 201 2 

1:0 0 P.M. 

M^' J",2«^w 

• 8 2012 

HiARINO DOCKET 

800.262.8777 www.CountyCourtReporters.com 877.837.8313 

[N THE MATTER OF ELITE AIR, INC. 03/01/2032 CCR«16773-1 

1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

APPEARANCES: 

ON BEHALF OF ELITE AIR, INC. 

B. GRAY GIBBS, PRESIDENT 

ELITE AIR INC., RESPONDENT 

100 SECOND AVENUE SOUTH 

SUITE 101-S 

ST. PETERSBURG, FL 33701 

ON BEHALF OF FEDERAL AVIATION ADMINISTRATION 

RYAN M. LANDERS, COMPLAINANT'S COUNSEL 

OFFICE OF THE REGIONAL COUNSEL, AEA-7 

SOUTHERN REGION 

FEDERAL AVIATION ADMINISTRATION 

P.O. BOX 20636 

ATLANTA, GA 30320 

THE HONORABLE J. E. SULLIVAN 

ADMINISTRATIVE LAW JUDGE 

OFFICE OF HEARINGS, 20 

U.S. DEPARTMENT OF TRANSPORTATION 

1200 NEW JERSEY AVENUE, S.E. 

WASHINGTON, DC 20590 

COURT/pePORTING 

VIdcography ^^ ^ Litigation Technology '" 
IN THE MATTER OF ELITE AIR, INC. 03/01/2012 CCR#I6773-1 

1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

LITIGATION CONFERENCE 

MARCH 1, 2012 

JUDGE SULLIVAN: We are on the record in 

the matter of Elite Air, Inc. This is Docket No. FAA2011-1125. Today is Thursday, March 1, 2012 and the 

parties have convened by telephone for a litigation 

scheduling conference. The Federal Aviation 

Administration's attorney, Ryan M. Landers is present 

by telephone. The Respondent, Elite Air, Inc., 

President, B. Gray Gibbs is also present by telephone. 

Mr. Gibbs is an attorney as well as the President of 

the Responding party, and we are going to talk about 

that dual role in just a moment. Good afternoon, 

everybody. 

MR. LANDERS: Good afternoon. Your Honor 

• •> .._ „.. . MR .GIBBS: Good afternoon. 

.^. ... ._ „_ JUDGE ..SULLIVAN: I will note that on 

.January 4, 2Q12, this..Administrative Court filed an 

Order setting Rule 16 Litigation Scheduling conference 

and directing Rule 26{f) planning and submission. 

Subsequently, on February 22, 2012, the parties 

submitted a draft joint Section 13.217/Rule 26(f) 

Report submitted by Claimant's FAA and Respondent, 

Elite Air, Inc. And in that particular document on 

Page 1, Paragraphl , Mr. Landers was identified as 

COURT/pePORTING 

Vidtography ^ ^ Litigation Technology '" 

iv0,ttj.*777 C HiMarn >oitfAaS3tlno- (. IJ tO J^riJn S[;*i»vj; RM O {. SUpScn:*!. V* J?050 ^ >IO«7.ti6 5 
IN THE MATTER OF ELITE AIR, INC. 03/01/201 2 CCRn6773-l 4 

• 1 Counsel for the FAA, and Mr. Gibbs was identified as 

2 Counsel for the Respondent. Mr. Gibbs, let's turn to 

3 you first then, before we went on the record this 

4 afternoon, you mentioned that even though you are an 

5 attorney, you are also the President of the Respondent 

6 in this matter. So, I am a little unclear as to how 

7 you want to identify yourself today. Are you the 

8 attorney representative for the Respondent, are you to 

9 Pro Se President responding on behalf of the Company? 

10 You know, tell me how you want to be identified. 

11 MR. GIBBS: Well, 1 mean, as a practical 

12 matter. Your Honor, it doesn't make any difference, but 

13 I, you know...as you pointed out on the earlier things 

14 we filed, I identified myself as Counsel for 

15 Respondent, so that is absolutely fine. I mean...1 am 

16 an attorney, and I do a Federal Practice, so I mean I 

17 think that is probably the way to do it is, "Counsel 

18 for Respondent." I do want Your.Honor to be aware that 

19 I am also, you know. President of Elite Air, so...but I 

20 think Counsel for Respondent is the way to go. 

21 JUDGE SULLIVAN: Okay, I just want to 

22 make sure I knew, because people who are representing 

23 themselves prefer to have outside counsel come in, and 

24 I didn't know whether that was your ultimate goal or 

25 not . ' 

COURTf^GPORTING 

Vldcography ^ ^ Litigation Technology '" 

«5,:.t2.*77 7 C Ml-^3'l< JOitfii S3il.-»Q-. C I :t & JftrJUn Se*ii«-. RMC (. 5Up.^CI>:CLn. V* jrtS O C >I 0 «t7.Ut ] 
IN THE MATTER OF ELITE AIR, INC. 03/01/2012 CCR#16773-1 5 

1 MR. GIBBS: Your Honor, candidly, I mean 

2 I think that I am actually out of my office today, but 

3 I think the total time involved is $5,000 or less, and 

4 so you know, it is just not cost effective to get 

5 outside counsel for such a small matter. 

6 JUDGE SULLIVAN: Okay, just so that we 

7 are clear, the Civil Penalty that has been alleged is 

8 $5,775.00, just a little bit over a $5,000 figure. 

9 MR. GIBBS: Okay. 

10 JUDGE SULLIVAN: Thank you. Let's chat 

11 then briefly about the Draft Joint Section 13.217/Rule 

12 26{f) Report. Thank you very much for submitting it. 

13 I have a couple of questions to ask both of you about 

14 it, and I will start with Counsel for the FAA, Mr. 

15 Landers. Mr. Landers, typically I put .into these orders 

16 a.little note that the parties should comply with the 

17 Interrogatory limitation that is in 14CFR Section 

18 13.220K1, and I am wondering if that is acceptable to 

19 your client to include that in the Litigation Order. 

20 MR. LANDERS: It is. Your Honor. 

21 JUDGE SULLIVAN: Mr. Gibbs, is that also 

22 acceptable to you? 

2 3 MR. GIBBS: It is. 

24 JUDGE SULLIVAN: Okay. Let me ask you 

25 then about the deadline for responses to* follow-up 

COURT/pePORTING 

VJdtography ^ ^ Litigation Technology " 

543,I6J.*777 C Hi-J0'K>*iiAiS3n.-»a-. (. lltOJfrfSinSc»ifMvHwo (. 5i«p^lcf*:c.i. VA arOSO /. >lO«7.tit l 
IN THE MATTER OF ELITE AIR, INC. 03/01/2012 CCR#16773-1 6 

1 discovery requests, you had identified...you jointly 

2 had identified that as May 8, 2012. As I read your 

3 materials, that means that you are going to be finished 

4 with all depositions, all interrogatories, all requests 

5 for documents, on or before May 8, 2012. Is that a 

6 correct interpretation, Mr. Landers? 

7 MR. LANDERS: Yes, Your Honor, from our 

8 perspective, it is. 

9 JUDGE SULLIVAN: Okay, and Mr. Gibbs? 

10 MR. GIBBS: I think that is what we . . .I 

11 think that is a correct interpretation of what we put, 

12 and now as I sit here, that does occur to me that is a 

13 fairly short fuse, since obviously interrogatories, and 

14 request for admissions, all require thirty days from 

15 the time they are submitted, that puts us on a 

16 relatively short leash. I mean the cas e is not real 

17 complicated, Judge...but I mean, yes, .that is what we 

18 presented. 

19 JUDGE SULLIVAN: Okay, maybe we can get 

20 back to that at a later moment. There was a notation 

21 in your materials about June 8, 2012 as the deadline 

22 for filing any and all Pre-hearing motions, which could 

2 3 include dispositive motions and/or summary judgement 

24 motions. And I typically like to outline very 

25 specifically when answers are due to such motions, when 

e c u RT/p e PORTING 

VIdEography ^ ^ Litigation Technology '« 
IN THE MATTER OF ELITE AIR, INC. 03/01/201 2 CCRn6773-l 7 

1 replies are due to such motions, and then set an oral 

2 telephone conference for arguments on such motions. 

3 Particularly, when they are dispositive in nature. 

4 And, so what I would like to do is talk to you all 

5 about that. I also want to talk to you about 

6 identifying a final date for exchanging a list of 

7 witnesses and exhibits prior to the hearing, and then 

8 talk briefly about the hearing date itself. So, let's 

9 start with June 8, 2012, Mr. Landers, starting with 

10 you, this presents that May 8, 2012 is the final 

11 deadline for exchanging ail of the materials and for 

12 getting all of the depositions taken, and for having 

13 any supplemental disclosure of documents after such 

14 depositions are taken. In terms of the June 8th 

15 deadline, what ~type of answer, reply, time are you 

16 looking at after June 8, 2012, or have you talked about 

17 that, at, all?. „ 

18 MR. LANDERS: We had not talked about 

19 this. Your Honor, that did not cross our minds. 

20 JUDGE SULLIVAN: Okay, well let's talk 

21 about it now, because I think that would be helpful. 

22 MR. LANDERS: Looking at my schedule, I 

23 could have any answer to any motion that Elite Air 

24 might file within a week and a half, fifteen days. 

25 JUDGE SULLIVAN: I am looking at ideally 

COURT/pePORTING 

VJdeography ^ ^ Litigation Technology '" 

5^3.Zfc2.S777 C WivJaii^ JoiioiSsrtriQt (. Ilt o Jfrrwn Sc*"*!-. Rw<3 I. SUp.lcniC'i. V* JJOSO i 5-l0W7.fc;63 
IN THE MATTER OF ELITE AIR, INC. 03/01/201 2 CCRItl6773-l 8 

1 at perhaps June 22nd, which would be... 

2 MR. LANDERS: Okay, that would be fine as 

3 well. 

4 JUDGE SULLIVAN: ...for an answer, and 

5 that would be true if the reverse happened, so that if 

6 you filed a Motion for Summary Judgement on all or part 

7 of the Elite's answer would then be due on or before 

8 June 22nd, 2012. Or in the fairly rare occasion where 

9 people cross plead, you know, you both would have 

10 answers due. In terms of the reply date, if the answer 

11 is due June 22nd, let's put the reply date as July 3rd. 

12 Does that work for you, Mr. Landers? 

13 MR. LANDERS: Yes, Your Honor. 

14 JUDGE SULLIVAN: And would that... 

15 MR. GIBBS: Judge, I am actually going to 

16 be out of the country from June the 23rd to July the 

17 4th, is there any way we can build in that...some 

18 relief on that point? 

19 JUDGE SULLIVAN: Of course. So, let's 

20 talk about that a little bit. If you are leaving from 

21 June 23rd through July 3rd, we may want to juggle these 

22 time lines a bit. Is this the only time you are going 

23 to be gone for a significant period of time during say, 

24 that 90 day stretch? 

25 MR. GIBBS: It is, so I think the June 

CGURT/pePORTING 

VIdeography ^ ^ Litigation Technology '« 

«3,;.tJ.5777 t wi«a"« >oii*i S3'i-iO- ^. II M io'ii n Sc*tfO-- Rwd £. 5*itif>cn:c.\ V* jroSO £ >tO M7,fcJH 
IN THE MATTER OF ELITE AIR , INC. 03/01/201 2 CCRII16773-1 9 

1 22nd date for filing motions...or for filing any 

2 replies would be...or filing any answers to a motion is 

3 fine, if you could maybe add ten days beyond July the 

4 4th to...or, that would be great for a reply. 

5 JUDGE SULLIVAN: Well, assuming that the 

6 other party is not traveling and has the answer, we may 

7 want... 

8 MR. GIBBS: Right. 

9 JUDGE SULLIVAN: ...to stretch that out a 

10 little bit so that, for example, if you were the 

11 answering party, you can get your material in before 

12 you leave on June 22nd 2012.-.. 

13 MR. GIBBS: Okay... 

14 JUDGE SULLIVAN: ..but if the other party 

15 is the answering party, there is no reason not to give 

16 the FAA another week if you are not there any way. 

17 MR. GIBBS: Right. 

18 MR. LANDERS: Your Honor, that would work 

19 for me. Your Honor, because I am actually in trial with 

20 you the 20th and the 21st. 

21 JUDGE SULLIVAN: Okay. Oh yes, yes, 

22 okay...well let's push that answer date out to June 29, 

23 2012, and then a reply could be filed by...would July 

24 13th work, Mr. Landers? 

25 MR. LANDERS: That would be fine. 

CGURT/pePORTING 

VIdeography ^ ^ Litigation Technology '« 

Sv3.;.t3.«777 C Hi-;3iK }0i<4^S3r1naT C 1 ICO Jpr^^nSCf irv]--RH O i. SlCCs'-.cn:c.i. V& srOSO I >10 M7.Ub 3 
I N THE MATTER OF ELITE AIR , INC. 03/01/201 2 CCRIfl6773-l 10 

1 JUDGE SULLIVAN: And, I thought that was 

2 Mr. Gibbs. 

3 MR. GIBBS: It would work for me, yes, 

4 Your Honor. 

5 JUDGE SULLIVAN: Okay, so, I will always 

6 start with the Petitioning Party and then I will move 

7 to the Re^spondent reply, just so that you all know who 

8 I am going to be talking to. July 13, 2012 for the 

9 Reply. Let us talk then after July 13th, we are going 

10 to be talking about a one-hour telephone conference 

11 where any oral arguments. Looking at your calendars, 

12 would either the week of July 16th or the week 

13 following, which starts with Monday, July 23rd. Mr. 

14 Landers, starting with you, do you have any blackout 

15 time during those... 

16 MR. LANDERS: I'm sorry, yes. Your Honor, 

17 I am out of town the week of the 16th. 

18 JUDGE SULLIVAN: Okay, so let's look at 

19 the week of the 23rd, do you have any blackout days 

20 during that week? 

21 MR. LANDERS: No, Your Honor. 

22 JUDGE SULLIVAN: Okay, Mr. Gibbs, turning 

23 to you, for the week of July 23rd, do you have any 

24 blackout dates for that week? 

2 5 MR. GIBBS: No. 

e c u RT/pG PORTING 

VIdeography ^ ^ Litigation Technology '"• 
IN THE MATTER OF ELITE AIR, INC. 03/01/2012 CCR#16773-1 il 

1 JUDGE SULLIVAN: Okay, do you have, sir, 

2 ..staying with you, Mr. Gibbs, a preference as to the 

3 day for oral arguments, or a time during the day? 

4 MR. GIBBS: No preference. 

5 JUDGE SULLIVAN: Mr. Landers, do you have 

6 any preference? 

7 MR. LANDERS: No, Your Honor. 

8 JUDGE SULLIVAN: Okay, then let's try for 

9 Wednesday, July 25th, and are you both on the East 

10 Coast, Mr. Landers, starting with you? 

11 MR. LANDERS: Yes, Your Honor. 

12 JUDGE SULLIVAN: And, Mr. Gibbs? 

13 MR. GIBBS: Yes, Your Honor. 

14 JUDGE SULLIVAN: Then, let's try for 

15 Wednesday, July 25, 2012 at 10 a.m., 11 a.m for Oral 

16 Arguments. 

17 ... MR. GIBBS: Okay. 

18 MR. LANDERS: Okay. 

19 JUDGE SULLIVAN: I usually like to give 

20 an Oral Ruling at the end of Oral Arguments, then I 

21 want to follow it up with a written decision. And so, 

22 I am going to give myself until August 1 to issue a 

23 written decision. And sometimes, and I am sure you 

24 have seen this, the issues are fairly complex, and the 

25 Court cannot react on oral arguments immediately, and 

COURT/pePORTING 

Videography ^^ ^ Litigation Technology '« 

£v3.:fc2.«777 i Hi-vSaik J*id*;S3Maa! C i:tOJfrrwnSc*tfnsB,3gc (. Slcclcntw. VA 3t?050 i yi0«7.tjt j 
IN THE MATTER OF ELITE AIR, INC. 03/01/2012 CCR#16773-1 12 

1 this gives me a little time to look at all of the 

2 materials in the event that that occurs. 

3 Now let's talk about the final exchange of 

4 the witness lists, and Exhibits. I am not quite sure 

5 what your obligations might be for August. I know some 

6 people may have children that are still out of school, 

7 and they are going to go on vacations. So, starting 

8 with you, Mr. Landers, do you have any blackout dates 

9 in August that I should be considering? 

10 MR. LANDERS: No...excuse me. No, ma'am. 

11 JUDGE SULLIVAN: And, Mr. Gibbs, how 

12 about you? 

13 MR. GIBBS: No, none. 

14 JUDGE SULLIVAN: If you receive a written 

15 decision on Summary Judgement, on or before August 1, 

16 2012, Mr. Landers , would you feel comfortable getting 

17 Mr. Gibbs a list of witnesses and exchanging your 

18 Exhibits by August 22nd, 2012? 

19 MR. LANDERS: Yes, Your Honor, that 

20 should be plenty of time. 

21 JXTOGE SULLIVAN: Okay, Mr. Gibbs, would 

22 that be acceptable to you too? 

23 MR. GIBBS: Yes, Your Honor. 

24 JUDGE SULLIVAN: Okay, then let's talk 

25 then about the actual trial date. Mr. Landers, how much 

COURT/pePORTING 

VIdEcgraphy ^ ^ Litigation Technology " 

Si^.<ii.ft777 C U>^a<K >9<<->^S3nna^ (. I1G& Jor^nSHini-. RN O (. 5Ulh'^cn-c^i. VA 2roS0 / >lO&fr7,Ub3 
IN THE MATTER OF ELITE AIR, INC. 03/01/2012 CCR#16773-1 13 

1 time do you think you are going to need to put on your 

2 own case ain trial...assuming, that no summary 

3 judgement ruling is offered in your behalf. 

4 MR. LANDERS: Right, a max of a day, 

5 including opening statements, and should we get there, 

6 closing statements. Your Honor. 

7 JUDGE SULLIVAN: Okay, and Mr. Gibbs how 

8 about you? 

9 MR. GIBBS: I guess I would be surprised 

10 if the whole thing took more than four hours. Your 

11 Honor, so a day certainly is plenty. 

12 JUDGE SULLIVAN: Well, I am hearing from 

13 Mr. Landers that he thinks his whole case is going to 

14 take a day, and I am asking you how long you think your 

15 portion of your response will be. 

16 MR. GIBBS: I don't think mine will take 

17 more than two hours. 

18 JUDGE SULLIVAN: Okay, all right, so I am 

19 going to err on the side of caution right now, and I 

20 will just simply say this is a two-day trial just to be 

21 on the safe side. And so let's look at some times for 

22 that. How about the week of August 27th, Mr. Landers, 

23 do you have time open on that week? 

24 MR. LANDERS: Yes, Your Honor, I am open. 

25 JUDGE SULLIVAN: And Mr. Gibbs, how about 

e c u RT/p e PORTING 

VidEography ^ ^ Litigation Technology '^ 

5v3.;.tl.8777 i «l-.;3itt f»P«AiS3rt.io: (, 1169 JffrijnSe«ii>l-. RM C i. Sl«(W!CO:*.i. V4 J?0S6 C 5-IOM7.t5t3 
IN THE MATTER OF ELITE AIR, INC. 03/01/2012 CCR#16773-1 1-1 

1 you? 

2 MR. GIBBS: I am open. 

3 JUDGE SULLIVAN: Okay. Let's do this on 

4 August 28th, which is a Tuesday and August 29th, which 

-S is a Wednesday. That leaves Monday, August 27th, and 

6 Thursday, August 30th for travel days for those of \^s 

1 who may need to be going out of town. And, because we 

8 have a June 8th deadline for Pre-hearing motion and a 

9 May 8th deadline for final discovery, I want to just 

10 check in with you to see if either of you think that 

11 you want to push the May 8th date a little closer to 

12 June 8th, or if you are comfortable with that one month 

13 window in between. Mr. Landers? 

I'} MR. LANDERS: I am open to pushing it 

15 back if that is what Mr. Gibbs would like. He had 

16 indicated that he thought it might be a little crammed 

17 at the beginning of this conversation, so I am willing 

18 to move that back as well. 

19 JUDGE SULLIVAN: Okay, Mr. Gibbs, what 

20 would you like to see different from the May 8th date 

21 in between... 

22 MR. GIBBS: Well maybe... 

23 JUDGE SULLIVAN: ...go ahead, sir. 

24 MR. GIBBS: ...Well, Your Honor, I 

25 mean...it just seems that May 8th is a little bit 

e c u RT/pG PORTING 

VIdeography ^ ^ Litigation Technology '« 

ivO.?.«,5777 I Uiz^yiii ;o(tfj.= Siiinq: C 11W i^isr, Sctiiyji Rwc ^ 5>(Ci^cn--C'^. VA 3707& i >I0 M7.Ut 3 
IN THE MATTER OF ELITE AIR, INC. 03/01/2012 CCRS16773-1 15 

1 short, I mean even May the 18th would give us an 

2 additional ten days, and I don't think it would...and 

3 then would still give us plenty of time to make the 

4 June 8th date, or just for seven days, even I think 

5 until the 15th, whatever... whatever the Court desires, 

6 we will certainly make it work. But, May 8th does 

7 occur to me that it is kind of a short, short period. 

8. JUDGE SULLIVAN: Why don't we set it for 

9 May 31, 2012. That is on a Thursday, and that is 

10 essentially one week, plus one day away from June 8th. 

11 MR. GIBBS: Okay. 

12 JUDGE SULLIVAN: Would you think that 

13 would give you enough time, starting with you, Mr. 

14 Landers, to look at all of your materials, exhibit 

15 summarys or a motion for a dispositive review available 

16 and ready to file by June 8th 

17 MR. LANDERS: Yes, Your Honor, I can make 

18 that work. 

19 JUDGE SULLIVAN: How about you, Mr. 

20 Gibbs? 

21 MR. GIBBS: Yes, that is fine. Judge, 

22 thank you. 

23 JUDGE SULLIVAN: And venue, as I 

24 understand it, is Tampa, Florida is our agreement. I 

2 5 do have a question for you, given the time frame that 

COURT/pePORTING 

VIdEography ^i; ^ Litigation Technology '*' 

«3,*tl.677 7 C Wi«3'"t3o'M-53i1ftO: (. JlbP J&riar* StWtM-RMfl i. Slcirficr*-&i. VA xrOSO i j-IO.«7.t.;t5 
IN THE MATTER OF ELITE AIR, INC. 03/01/201 2 CCR(tl6773-l 16 

1 you have offered, you have indicated that Motions to 

2 Compel or to Dispute Discovery should be within 14 

3 days, I am going to recommend to you that it should be 

4 10 days, and the reason I say that is because it is 

5 sometimes a little difficult to get everybody on the 

6 phone, even on an expedited motion. And, if you have a 

7 10 day turnaround time, it just keeps people on track a 

8 little bit better. So, would either of you have any 

9 objection to cutting the time frame from 14 days to 10. 

10 Mr. Landers? 

11 MR. LANDERS: No, Your Honor, that will 

12 be fine. 

13 JUDGE SULLIVAN: And Mr. Gibbs? 

14 MR. GIBBS: That is fine. Your Honor. 

15 JUDGE SULLIVAN: Okay, I will so note 

16 that in the Order that 1 send out to you. And then I 

17 am just going to let you know that if, in fact you have 

18 any trouble with discovery, your informal discussions 

19 don't work, the best way to address that is to consult 

20 with each other as you would have to Under CR37, to 

21 consult with each other, and while you are consulting 

22 with each other, look at your calendars and find at 

2 3 least three dates where you are both available for a 

24 telephone conference. So then the Moving Party, the 

25 person who is unhappy with the discovery issue, can 

ecu RT/pG PORTING 

VIdeography ^ ^ Litigation Technology '« 
IN THE MATTER OF ELITE AIR, INC. 03/01/2012 CCR#16773-1 17 

1 call my office, give those dates to my legal secretary, 

2 and she can calendar something on my calendar as soon 

3 as possible, and then you can file your motion within 

4 24 hours of that and start the ball rolling to get the 

5 Court involved. If you do that, that will put the 

6 matter up on my calendar and at my attention as fast as 

7 possible so that you can get relief as fast as 

8 possible. In that way, you would not suffer, what I 

9 have seen happen before where people just wait, and 

10 then all of the trial calendar has to be completely 

11 rescheduled at everybody's dismay. So I will put that 

12 in my order for you that you have it in writing. 

13 Starting with you, Mr. Landers, is there anything else 

14 that we need to address on behalf of your client today? 

15 MR. LANDERS: Not that I can think of, 

16 Your Honor. 

17 JUDGE SULLIVAN: Okay, and Mr. Gibbs, on 

18 behalf of your client, anything else we need to 

19 address? 

20 MR. GIBBS: No, Your Honor. 

21 JUDGE SULLIVAN: Then, 1 will look 

22 forward to talking with you on July 25, 2012 during the 

23 Oral Arguments, and just so that you know, often times 

24 what I will do if there is no motion filed by any 

25 party, just convert that oral telephone conference into 

CGURT/pGPORTING 

Vldtogpaphy ^i; ^ Litigation Technology '" 

«-3,:M.677 7 C WIWari« ;o<i*=.S3rtna-. (. I1H> Jfrr#jnScrifM-.RwO I. St^clcnicn. VA J?050 L >iO«'.Ht 3 
IN THE MATTER OF ELITE AIR, INC. 03/01/201 2 CCRn6773- l 

1 a Pretrial Status conference, just so that I have 

2 everybody on the line and find out that things are 

3 moving swiftly and if there is anything that needs to 

4 address before the case goes to trial. So, kind of 

5 keep that in the back of your mind. 

6 With that, it appears our business is 

7 complete. I will be sending out a written order very 

shortly codifying everything we talked about today, and 

9 also giving you some information about how to label 

10 Exhibits for the trial itself if your settlement 

11 discussions don't result in a resolution of this 

12 dispute. With that, we can go off the record. I wish 

13 you all a good day. 

14 MR. LANDERS: Thank you, Your Honor. 

15 MR. GIBBS: Thank you. Your Honor. 

16 JUDGE SULLIVAN: Thank you, too. Good17 bye. 

18 (WHEREUPON, the proceedings concluded at 1:24 p.m. ) 

19 

20 

21 

22 

23 

24 

25 

COURM^GPORTING 

VIdeography ^ ^ Litigation Technology " 
IN THE MATTER OF ELITE AIR, INC. 03/01/201 2 CCR(|16773- 1 19 

1 CAPTION 

2 

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

4 and place set out on the title page hereof. 

5 

6 It was requested that the Hearing be taken by the 

7 reporter and that same be reduced to typewritten form. 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

COURT/pePORTING 

VIdEogpaphy ^ ^ Litigation Technology rv. 

5i3.m.6" 7 t Mi«3iK>»i«*sS3r1na-. C 1 lt& J«»'*3f*5e*ifM-. RM<S i. SUpftcn-.c^n. VA J?t50 I >IO«7.t;t l 
IN THE MATTER OF ELITE AIR, INC. 03/01/201 2 CCR)fl6773-l 20 

17 

18 

19 

20 

21 

1 

2 CERTIFICATE OF REPORTER 

3 COMMONWEALTH OF VIRGINIA AT LARGE: 

4 I do hereby certify that the witness in the 

5 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 

6 

7 

8 

9 

10 

11 

12 

-, ^ ability. 

24 I certify that I am not related to or an 

15 employee of counsel, and that I have no financial 

16 interest in the outcome of this matter. 

IMI^Q - ^AMAy 

PAULA J. GREER 

COURT REPORTER / NOTARY 

22 NOTARY REGISTRATION NUMBER: 7512387 

23 My Commission Expires: 

24 

25 

COURT/REPORTING 

VIdeography ^^ ^ Litigation Technology "* 

K-3.;.W.«777 £ mtsant >9H.3^ Ssrina: ^ H W Jc'^nSW">3-. SwO (. 5»cRlcn:ci. VA ;^?t50 l >iPfr»7,t>j;2 
IN THE MATTER OF ELITE AIR, INC. 03/01/201 2 CCR#16773-1 21 

$ 

$5,00 0 5: 3 5: 8 

$5,775.0 0 5: 8 

1 

1 3: 2 3: 5 3:2 5 

11:2 2 12:1 5 

1:2 4 18:1 8 

10 11:1 5 16: 4 

16: 7 16: 9 

1 1 11-1 5 J» ^ _L J. • J. *_^ 

13 10: 8 

13.217/Rul e 

3:2 2 5:1 1 

13.220K 1 5:1 8 

13t h 9:2 4 10: 9 

14 16: 2 16: 9 

14CFR 5:1 7 

15t h 15: 5 

16 3:1 9 

16t h 10:1 2 10:1 7 

18t h 15: 1 

2 

2011-112 5 3: 5 

201 2 3: 2 3: 5 3:1 8 

3:2 1 6: 2 6: 5 

6:2 1 7: 9 7:1 0 

7:1 6 8: 8 9:1 2 

9:2 3 10: 8 

11:1 5 12:1 6 

12:1 8 15: 9 17:2 2 

20t h 9:2 0 

2Xst 9:2 0 

22 3:2 1 

22n d 8: 1 8: 8 8:1 1 

9 : 1 9:1 2 12:1 8 

23r d 8:1 6 8:2 1 

10:1 3 10:1 9 

10:2 3 

24 17: 4 

25 11:1 5 17:2 2 

25t h 11: 9 

26( f 3:2 0 3:2 2 

5:1 2 

27t h 13:2 2 14: 5 

28t h 14: 4 

2 9 9:2 2 

29t h 14: 4 

3 

30t h 14: 6 

3 1 15: 9 

3 r d 8:1 1 8:2 1 

4 

4 3:1 8 

4 t h 8:1 7 9: 4 

8 

8 6: 2 6: 5 6:2 1 

7 : 9 7:1 0 7:1 6 

8 t h 7:1 4 14: 8 

14: 9 14 : 11 14:1 2 

14 :2 0 14 :2 5 15: 4 

15: 6 15:1 0 15:1 6 

9 

90 8:2 4 

A 

a .m 11:1 5 11:1 5 

absolutel y 4:1 5 

acceptabl e 5:1 8 

5:2 2 12:2 2 

actua l 12:2 5 

actuall y 5: 2 8:1 5 

9:1 9 

a d d 9: 3 

additiona l 15: 2 

addres s 16:1 9 

17:1 4 17:1 9 18: 4 

Administration' s 

3 : 8 

Administrativ e 

3:1 8 

admission s 6:1 4 

afternoo n 3:1 3 

3:1 5 3:1 6 4: 4 

agreemen t 15:2 4 

ahea d 14:2 3 

a i n 13: 2 

A i r 3:4 3: 9 

3:2 4 4:1 9 7:2 3 

allege d 5: 7 

am 4: 6 4:1 5 

4:1 9 5: 2 5:1 8 

7:2 5 8:1 5 9:1 9 

10: 8 10:1 7 11:2 2 

11 :2 3 12: 4 13:1 2 

13:1 4 13:1 8 

13:2 4 14: 2 14:1 4 

14 :17 ]6: 3 16:1 7 

and/o r 6:2 3 

answe r 7:1 5 

7:2 3 8:4 8: 7 

e c u RT/p e PORTING 

VIdeography ^ ^ Litigation Technology '^ 

K-S.JH.*?!? / m-.JarK j5itf*i53r;no: i< J3tP J(-ri)nSc#ino; RwO /". SlCR^TCrt-.d. VA 21050 / >iOW7.(-itJ 
IN THE MATTER OF ELITE AIR, INC. 03/01/201 2 CCR#16773- 1 22 

8:10 9:6 9:22 

answerin g 9:11 

9:15 

answers 6:25 8:10 

9 : 2 

anythin g 17:13 

17:18 18:3 

appears 18:6 

arguments 7 : 2 

10:1 1 11: 3 11:16 

1 1 -^j ^ 1 1 -^J " 

11:20 11:25 

17:2 3 

assumin g 9:5 

attentio n 17:6 

attorne y 3:8 3:11 

4 : 5 4:8 4:16 

August 11:22 12: 5 

12:9 12:15 12:18 

13:22 14 :4 

14:4 14: 5 14:6 

availabl e 15:15 

16:23 

Aviatio n 3 : 7 

awar e 4:18 

away 15:10 

B 

bal l 17:4 

be.. . o r 9:2 

beginnin g 14:17 

behal f 4:9 13: 3 

17:14 17 :18 

bes t 16:1 9 

bette r 16:8 

beyond 9:3 

b i t 5:8 8:20 8:22 

9:10 14:2 5 16:8 

blackou t 10:14 

10:19 10:24 12:8 

briefl y 5:11 7:8 

buil d 8:17 

business 18: 6 

by...woul d 9:23 

bye 13:17 

C 

calenda r 17:2 

17:2 17: 6 17:10 

calendars 10:1 1 

16:22 

candidl y 5:1 

cas e 6:16 13:2 

13:13 18:4 

cautio n 13:19 

certainl y 13:1 1 

1-L -w5' • • W 6 

cha t 5:10 

check 14:10 

childre n 12: 6 

Civi l 5:7 

Claimant's 3:23 

clea r 5:7 

clien t 5:19 17:14 

17:18 

close r 14:1 1 

closin g 13:6 

^ 

Coast 11:10 

codifyin g 18:8 

comfortabl e 12:16 

14 :12 

Company 4: 9 

Compel 16:2 

complet e 18:7 

completel y 17:10 

complex 11:24 

complicate d 6:17 

comply 5:16 

conclude d 18:18 

conferenc e 3:1 

3:7 3:19 7:2 

10:10 16:24 

17:25 18: 1 

considerin g 12: 9 

consul t 16:19 

16:21 

consultin g 16:2 1 

convened 3:6 

conversatio n 

14:17 

conver t 17:2 5 

correc t 6:6 6:11 

cost 5:4 

counse l 4: 1 4:2 

4:14 4:17 4:20 

4:23 5:5 5:14 

countr y 8:16 

coupl e 5:13 

cours e 8:19 

Court 3:18 

11:25 15: 5 17: 5 

CR37 16:20 

COURT/RGPORTING 

VidEography Litigation Technology 'vSv3,;.M.t7J7 . t Hi-.!aii« j!>i«j.iS3rl.iQ-: ^, 1 It O 3(.rSan SMino"-RMd £; St<{>,1CI>:cn. VA JJOSO I >JO«7.t.;ti 3 
IN THE MATTER OF ELITE AIR, INC. 03/01/201- 2 CCR#16773- 1 2 3 

crammed 14:16 

cross 7:19 8:9 

cuttin g 16: 9 

D 

dat e 7:6 7:8 8:10 

8:11 9:1 9:22 

12:25 14:11 

14 :20 15:4 

date s 10:24 

12:8 16:23 17:1 

day 8:24 11:3 

11:3 13:4 

13:11 13:14 

15:10 16:7 18:13 

day s 6:14 7:24 

9:3 10:19 14: 6 

15:2 15:4 16: 3 

16:4 16:9 

deadlin e 5:25 

6:21 7:11 7:15 

14:8 14:9 

decisio n 11:21 

11:2 3 12:15 

deposition s 6:4 

7:12 7:14 

desire s 15: 5 

differenc e 4:12 

differen t 14:20 

difficul t 16:5 

directin g 3:20 

disclosur e 7:13 

discover y 6:1 

14:9 ]. 6 : 2 

16:18 16:25 

discussion s 16:18 

18:1 1 

dismay 17:1 1 

dispositiv e 

6:23 7:3 15:1 5 

disput e 16:2 

18:12 

Docke t 3:4 

document' 3:24 

documents 6:5 

7:13 

draf t 3:22 5:11 

dua l 3:13 

due 6:25 7:1 

8:7 8:10 8:11 

durin g 8:23 10:1 5 

10:20 11: 3 17:22 

E 

earlie r 4:13 

East 11:9 

effectiv e 5:4 

eithe r 10:12 

14 :10 16:8 

Elit e 3:4 3:9 

3:24 4:19 7:23 

Elite' s 8:7 

els e 17: 13 17:18 

e r r 13:19 

essentiall y 15:10 

even t 12:2 

everybod y 3:14 

16:5 18:2 

everybody's 17:1 1 

everythin g 18:8 

exampl e 9:10 

exchang e 12:3 

exchangin g 7:6 

7:1 1 12:17 

exhibi t 15:14 

exhibit s 7:7 12:4 

12:18 18:10 

expedite d 16:6 

F 

FAA 3:4 3:23 

4 : 1 5:14 9:16 

fac t 16:17 

fairl y 6:13 8:3 

11 :24 

fas t 17:6 17:7 

Februar y 3:21 

Federa l 3:7 4:16 

fee l 12:16 

fiftee n 7:24 

figur e 5:8 

fil e 7:24 15:16 

17: 3 

file d 3:18 4 : 14 

8:6 9:23 17:24 

filin g 6:22 9:1 

9:1 9:2 

fina l 7:6 7:10 

12 :3 14:9 

fin e 4:1 5 8:2 9:3 

9:25 15:2 1 16:12 

16:14 

finishe d 6:3 

firs t 4: 3 

e c u RT/p e PORTING 

VIdeography ^^ ^ Litigation Technology '*f 

«3,;.M.*7J7 t Wi-!oiK3oiiaiS3rlna: (. JTRp JortfanSHifrt". RM(J '{. stijclcn'o^i. ^ * *?050 i iJOtt'.tjt J 
IN THE MATTER OF ELITE AIR, INC. 03/01/2012 CCRn.6773-1 24 

Florida 15:24 

follow-up 5:25 

forward 17:22 

frame 15:25 16:9 

fuse 6:13 

G 

getting 7:12 

12:16 

Gibbs 3:10 3:11 

3:16 4:1 4:2 

4:11 5:1 5:9 

5:21 5:23 6:9 

6:10 8:15 8:25 

9:8 9:13 9:17 

10:2 10:3 

10:22 10:25 11:2 

11:4 11:12 11:13 

11:17 12:11 

12:13 12:17 

12:21 12 :23 13:7 

13: 9 13:1 6 13:2 b 

14:2 14:15 14:19 

14:22 14:24 

15:11 15:20 

15:21 16:13 

16:14 17:17 

17:20 18:15 

given 15:25 

gives 12:1 

giving 18:9 

goal 4:24 

gone 8:23 

Gray 3:10 

great 9:4 

guess 13:9 

r 1 

H 

half 7:24 

happen 17:9 

happened 8:5 

having 7:12 

hearing 7:7 7:8 

13:12 

helpful 7:21 

Honor 3:15 4 : 12 

4 :18 5:1 5:20 

6:7 7:19 8:13 

9:18 9:19 10:4 

10:16 10:21 11:7 

11:11 11 :13 

12:19 12 :23 13:6 

13:11 13:24 

14:24 15:17 

16-11 16-14 

17: 16 17:20 

18: 14 18:15 

hours 13:10 13:17 

17 : 4 

1 

ideally 7:25 

identified 3:25 

4:1 4:10 4:14 

6:2 

identified... 

you 6:1 

identify 4:7 

identifying 7:6 

I'm 10:16 

immediately 11:25 

Inc 3:4 3:9 3:24 

include 5:19 6:23 

including 13:5 

indicated 14:16 

-\ / ^ 1 

16:1 

informal 16:18 

information 18:9 

interpretation 

6:6 6:11 

interrogatories 

6:4 6: 13 

Interrogatory 

5:17 

involved 5:3 17:5 

issue 11:22 16:25 

issues 11:24 

J 

January 3:18 

joint 3:22 5:11 

jointly 6:1 

Judge 3:3 3:17 

4 :21 5:6 5:10 

5:21 5:24 6:9 

6:19 7:20 7:25 

8:4 8: 14 8:15 

8:19 9:5 9:9 

9:14 9:21 10:1 

10:5 10:18 10:22 

11:1 11:5 11:8 

11 :12 11 :14 

11:19 12:11 

12:14 12:21 

12:24 13:7 13:12 

13:18 13:25 14:3 

14: 19 14:23 15:8 

15:12 15:19 

15:21 15:23 

COURT/pePORTING 

VIdeography ^; ^ Litigation Technology '»'• 

5i3,;.tJ,e7T7 t M"'!0»< toi'S-JiSjilnOt (. 11 tO J&rS4nSH'rn-. HM O {. SkcOcnicn. VA s;050 I >JO«tT.«t l 
IN THE MATTER OF ELITE AIR, INC. 03/01/201 2 CCR(I16773-1 25 

16:13 16:15 

17: 17 17:21 

18:16 

Judge...but 6:17 

judgement 6:23 

8:6 12:15 13:3 

juggle 8:21 

July 8:11 8:16 

8:21 9:3 9:23 

10:8 10:9 

10:12 10:13 

10:23 11:9 11:15 

17 :22 

June 6:21 7:9 

7 

8 

8 

9 

1^ 

1.^ 

14 7:16 8:1 

8 8:11 8:16 

21 8:25 9:12 

22 14 : 8 

1:12 15:4 15:10 

:):16 

K 

knew 4:22 

know... as 4:13 

L 

label 18:9 

Landers 3:8 

3:15 3:25 5:15 

5:15 5:20 6:6 

6:7 7:9 7:18 

7:22 8:2 8: 12 

8:13 9:18 9:24 

9:25 10: 14 10:16 

10:21 11 :5 

11:7 11:10 11:11 

11:18 12:8 12:10 

12:16 12:19 

12:25 13:4 13:13 

13:22 13:24 

14:13 14:14 

15: 14 15:17 

16:10 16:11 

17:13 17:15 

18:14 

later 6:20 

leash 6:16 

least 16:23 

leave 9:12 

leaves 14:5 

leaving 8:20 

legal 17:1 

less 5:3 

let's 4:2 5:10 

7:8 7:20 8:11 

8:19 9:22 

10:18 11:8 11:14 

12:3 12:24 13:21 

14:3 

limitation 5:17 

line 18:2 

lines 8:22 

list 7:6 12:17 

lists 12:4 

litigation 3:1 

3:6 3:19 5:19 

little 4:6 5:8 

5:16 8:20 9:10 

12:1 14:11 14:16 

14 :25 16:5 16:8 

long 13:14 

M 

ma'am 12:10 

March 3:2 3:5 

material 9:11 

materials 6:3 

6:21 7:11 12:2 

15:14 

matter 3:4 4:6 

4 :12 5:5 17:6 

max 13:4 

may 6:2 6:5 

7:10 8:21 9:6 

12:6 14:7 14 :9 

14:11 14 :20 

14 :25 15:1 

15:6 15:9 

maybe 6:19 9:3 

14:22 

mean 4:11 4:16 

5:1 6:16 6:17 

15:1 

mean... I 4:15 

mean...it 14:25 

means 6:3 

mentioned 4:4 

mind 18:5 

minds 7:19 

mine 13:16 

moment 3:13 6:20 

Monday 10:13 14:5 

month 14:12 

motion 7:23 8:6 

9:2 14:8 15:15 

16:6 17:3 17:24 

motions 6:22 6:23 

6:24 6:25 7:1 

7:2 16:1 

COURT/RePORTING 

VIdeography Litigation Technology ' " 

5;j,;.6J,*7J7 C Ml-.?3ii«j5i«*iSJrtaQ-; ^< Iltpjt-rijnScfirvi-RHO (. Stcps'icrv'&n. Vi S^OSt l ;•J0«7.^5t'; 
IN THE MATTER OF ELITE AIR, INC. 03/01/201 2 CCRn6773- l 2 6 

motions...o r 9:1 

move 10: 6 14:18 

moving 16:24 18: 3 • 

myself 4:14 11:22 

N 

natur e 7:3 

No...excus e 12:1 0 

none 12:1 3 

notatio n 6:20 

not e 3:17 5:16 

16:15 

0 

objectio n 16:9 

obligation s 12: 5 

obviousl y 6:13 

occasio n 8:8 

occu r 6:12 15:7 

occurs 12:2 

offere d 13: 3 16: 1 

offic e 5:2 17: 1 

Oh 9:21 

Okay 4:2 1 5:6 5:9 

5:24 6:9 6:19 

7:20 8:2 9:13 

9:21 10: 5 

10:18 10:22 11: 1 

11:8 11:17 11:18 

12:2 1 12:24 13:7 

13:18 14: 3 14:19 

15:11 16:15 

17:17 

okay...wel l 9:22 

one-hou r 10:10 

open 13:2 3 

13:24 14:2 14:14 

openin g 13: 5 

ora l 7:1 10:1 1 

11: 3 11:1 5 11:20 

11:20 11:25 

17:23 17:2 5 

orde r 3:19 5:19 

16:16 17 :12 18:7 

orders 5:15 

outlin e 6:24 

outsid e 4:2 3 5:5 

P 

p.m 18:18 

Page 3:25 

Paragraph l 3:25 

particula r 3:24 

Particularl y 7:3 

partie s 3:6 

3:21 5:16 

part y 3:12 9:6 

9:11 9:14 9:15 

10:6 16:24 17:25 

Penalt y 5:7 

peopl e 4:22 8:9 

12:6 16:7 17:9 

perhap s 8:1 ^ ^ 

perio d 8:23 15:7 

perso n 16:25 

perspectiv e 6:8 

*• X 

Petitionin g 10: 6 

phone 16:6 

plannin g 3:20 

plea d 8:9 

plent y 12:20 

13:11 15:3 

plu s 15:10 

poin t 8:18 

pointe d 4:1 3 

portio n 13:1 5 

possibl e 17: 3 

17:7 17: 8 

practica l 4:1 1 

Practic e 4:16 

prefe r 4:2 3 

preferenc e 11:2 

11:4 11:6 

Pre-hearin g 

6:22 14 : 8 

presen t 3:8 3:10 

presente d 6:18 

present s 7:10 

Presiden t 3:10 

3:11 4: 5 4:9 

4 :19 

Pretria l 18: 1 

prio r 7:7 

Pro 4 : 9 

probabl y 4:17 

proceeding s 18:18 

pus h 9:22 14:1 1 

pushin g 14:14 

puts 6:15 

Q 

questio n 15:25 

COURT/fie PORTING 

VIdeography ^ ^ Litigation Technology '"• 

ii3.:LtX,5777 i. Hl-.:3iic3oi4*iS3'-l--H)- C 1165 J&rSarv SCf"V3-. B.M O /. Srcc^'cn-.C-n.'/A X?050 i JiCttT.tJt l 
IN THE MATTER OF ELITE AIR, INC. 03/01/2012 CCRn6773-l 27 

questions 5:13 

quite 12:4 

T i 

K 

rare 8:8 

react 11:25 

ready 15:16 

real 6:16 

reason 9:15 16:4 

receive 12:14 

recommend 16:3 

record 3:3 4:3 

18:12 

relatively 6:16 

relief 8:18 17:7 

replies 7:1 9:2 

reply 7:15 8:10 

8:11 9:4 9:23 

10:7 10:9 

Report 3:23 5:12 A. 

representative 

4:8 

representing 4:22 

request 6:14 

^ 

requests 6:1 6:4 

require 6:14 

^ 

rescheduled 17:11 

resolution 18:11 

Respondent 3:9 

3:23 4:2 4:5 4:8 

4 : 15 4:18 4:20 

10 :7 

responding 3:12 

4:9 

response 13:15 

responses 5:25 

result 18:11 

reverse 8:5 

review 15:15 

role 3:13 

rolling 17:4 

Rule 3:19 3:20 

ruling 11:20 13:3 

Ryan 3:8 

^ 

S 

safe 13:21 

schedule 7:22 

scheduling 3:7 

3:19 

school 12:6 

Se 4:9 

secretary 17:1 

Section 3:22 5:11 

5:17 

seems 14:25 

seen 11:24 17:9 

send 16:16 

sending 18:7 

setting 3:19 

settlement 18:10 

seven 15:4 

short 6:13 6:16 

15:1 15:7 15:7 

shortly 18:8 

significant 8:23 

simply 13:20 

sir 11:1 14:23 

sit 6:12 

small 5:5 

so...but 4:19 

sorry 10:16 

specifically 6:25 

start 5:14 7:9 

10:6 17:4 

starting 7:9 

10:14 11:10 12:7 

15:13 17:13 

starts 10:13 

statements 13:5 

13:6 

Status 18:1 

staying 11:2 

stretch 8:24 9:9 

submission 3:20 

submitted 3:22 

3:23 6:15 

submitting 5:12 

Subsequently 3:21 

suffer 17:8 

SULLIVAN 3:3 3:17 

4:21 5:6 5:10 

5:21 5:24 6:9 

6:19 7:20 7:25 

8:4 8:14 8:19 

9:5 9:9 9:14 

9:21 10:1 10:5 

10:18 10:22 11:1 

11:5 11:8 

11: 12 11:14 

COURT/pe PORTING 

VIdeography ^; ^ Litigation Technology rv. 

5v3.;.*1.5777 t ' WlMOiit >*i«*:;Sj'lna- C llt O JfrrSinSwmo-. RM d C S'«(#cn:o.V. V i S?05t i . >lQ^T,tiC i 
TN THE MATTER OF ELITE AIR, INC. 03/01/201 2 CCR)I16773- 1 2 8 

11 : ]. 9 12:11 

12:14 12:21 

12:24 13:7 13:12 

13:18 13:25 14 :3 

14:] 9 14 :23 15:8 

15:12 15:19 

15:23 16: 13 

16:15 17:17 

17:21 18:16 

summary 6:23 

8:6 12:15 13:2 

summarys 15:1 5 

supplementa l 7:13 

sur e 4:22 11:23 

12:4 

surprise d 13:9 

swiftl y 18: 3 

T 

tal k 3:12 7:4 7:5 

7:8 7:20 8:20 

10:9 12: 3 12:24 

talke d 7:16 

7:18 18:8 

talkin g 10:8 

10:10 17:22 

Tampa 15:24 

telephon e 3:6 3:9 

3:10 7:2 10:10 

16:24 17:25 

t e n 9:3 15:2 

terms 7:14 8:10 

than k 5:10 5:12 

15:22 18:14 

18:1 5 18:16 

that...som e 8:17 

themselve s 4:2 3 

thirt y 6:14 

Thursda y 3:5 14:6 

15: 9 

to.. . o r 9:4 

toda y 3:5 4:7 5:2 

17:14 18:8 

tota l 5:3 

town 10:17 14:7 

trac k 16:7 

trave l 14:6 

travelin g 9:6 

tria l 9:19 

12:2 5 13:20 

17:10 18:4 18:10 

trial.. . 

assumin g 13:2 

troubl e 16:18 

tru e 8:5 

t r y 11:8 11:14 

Tuesday 14:4 

tur n 4:2 

turnaroun d 16:7 

turnin g 10:22 

two-da y 13:20 

typ e 7:15 

typicall y 5:15 

6 : 24 

U 

ultimat e 4:24 

unclea r 4:6 

understan d 15:24 

unhappy 16:25 

usuall y 11:19 

V 

vacation s 12:7 

venu e 15:2 3 

W 

wai t 17:9 

we.. . I 6:10 

Wednesday 11:9 

11:15 14: 5 

week 7:24 9:16 

10:12 10:12 

10:17 10:19 

10:20 10:23 

10:24 13:22 

13:23 15:10 

whatever.. . 

whateve r 15: 5 

WHEREUPON 18:18 

whethe r 4:24 

whol e 13:10 13:1 3 

willin g 14:17 

window 14:1 3 

wish 18:12 

witness 12:4 

witnesse s 7:7 

12:17 

wonderin g 5:18 

1 » f\ n ' ^ i~\ -I t~t 

work 8:12 9:18 

9:24 10:3 15 : 6 

15:18 16: 19 

would...an d 15:2 

writin g 17:12 

COURT/pG PORTING 

VIdeography ^ ^ LitigationTechnotogy »<i 

•5i5,:.tl,*7J7 t Mi-.Jain JoPiiiSsrina- ^. noo Jfrrw:^Se*»r>i-. RM<3 '{. Sl5p,l<n-.c..i. VA jlOSt i ' i'0«r.«& i 
IN THE MATTER OF ELITE AIR, INC. 03/01/2012 CCR#16773-1 29 

writte n 11:2 1 

11:2 3 12:14 18:7 

yoursel f 4:7 

COURT^ e PORTING 

VIdeography ^p ^ Litigation Technology '"• 

ii3.?.13,6777 t ni-a'H JoiiacS3ilna- C "t O J&rian spfimt RMO £. Srcirficn-fri. VA jrOSft / i-lCi«7.Mt;