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UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

IN THE MATTER OF: 

FLEET AVIATION, LLC 

FDMS No. 

FAA-2011-1117 

Wednesday, February 29, 2012 

The above-entitled matter came on 

for hearing via teleconference, pursuant to 

notice, at 2:30p.m. 

BEFORE: THE HONORABLE J.E. SULLIVAN 

Administrative Law Judge 

1 

RECEIVED 

(202) 234-4433 

MAR 2 32012 

HEARING DOCKET 

NEAL R. GROSS 

COURT REPORTERS AND TRANSCRIBERS 

1323 RHODE ISLAND AVE., NW. 

WASHINGTON, D.C. 20005-3701 www.nealrgross.com 
APPEARANCES: 

On Behalf of the Respondent: 

GREGORY WINTON, ESQ. 

of: The Aviation Law Firm 

One Research Court 

Suite 450 

Rockville, MD 20850 

(301) 294-8550 

On Behalf of the Complainant: 

ZACHARY BERMAN, ESQ. 

Attorney, Office of the Regional 

Counsel, AEA-7 

of: Federal Aviation Administration 

1 Aviation Plaza 

Jamaica, NY 11434 

(718) 553-3258 

NEAL R. GROSS 

2 

(202) 234-4433 

COURT REPORTERS AND TRANSCRIBERS 

1323 RHODE ISLAND AVE., N.W. 

WASHINGTON, D.C. 20005-3701 WWN.nealrgross.com 
3 

1 P-R-0-C-E-E-D-I-N-G-S 

2 2:29p.m. 

3 JUDGE SULLIVAN: We are on the 

4 record on the matter of Fleet Aviation, LLC. 

5 This is Docket Number FFA-2011-1117. Today is 

6 Wednesday, February 29, 2012. And the parties 

7 have convened for a litigation scheduling 

8 conference. 

9 The FFA attorney is Zachery M. 

10 Berman, appearing by telephone. The 

11 responded, Fleet Aviation, LLC is represented 

12 by its attorney, Gregory S. Winton. 

13 Also present at the Office of the 

14 Hearings is Priya Krishna an attorney intern 

15 who's seated here as an observer only. 

16 Good afternoon, Counsel. 

17 MR WINTON: Good afternoon. 

18 JUDGE SULLIVAN: As I understand 

19 it from this material that I received 

20 yesterday. And I should note that on February 

21 27, 2012 the Office of Hearings received a 

22 document entitled Agency's request for two 

NEAL R. GROSS 

(202) 234-4433 

COURT REPORTERS AND TRANSCRIBERS 

1323 RHODE ISLAND AVE., N.W. 

WASHINGTON, D.C. 20005-3701 www .nealrgross.com 
4 

1 week extension, Rule 26, Subparagraph (f), as 

2 in Frank, submission and two week postponement 

3 of Rule 16 litigation scheduling conference. 

4 Yesterday, on February 28, 2012 my 

5 staff called Mr. Berman and advised him that 

6 since the motion did not indicate an agreement 

7 by the opposing party we would go forward with 

8 today's conference and he could re-raise the 

9 motion orally during this conference time. 

10 Mr. Berman, I take it that you 

11 would like the Court to consider this motion 

12 for continuance today? 

13 MR BERMAN: Yes. 

14 JUDGE SULLIVAN: Okay. And since 

15 you filed this document on February 27, 2012, 

16 have you had a chance to talk about the motion 

17 with Mr. Winton, the respondent's attorney? 

18 MR BERMAN: Yes, Mr. Winton has 

19 indicated that he has no objection. In fact 

20 he would like to request more time. A further 

21 extension, because there are settlement 

22 discussions going on. 

NEAL R. GROSS 

(202) 234-4433 

COURT REPORTERS AND TRANSCRIBERS 

1323 RHODE ISLAND AVE., N.W. 

WASHINGTON, D.C. 20005-3701 www.nealrgross.com 
5 

1 Not involving this case but two 

2 other cases with Fleet Aviation. 

3 JUDGE SULLIVAN: Okay. Mr. 

4 Winton, why don't I turn to you next then. I 

5 take it that you are in agreement with this 

6 motion? 

7 MR WINTON: I am, Judge, I 

8 actually called Mr. Berman immediately after 

9 he filed it, on the same day. And as he 

10 mentioned I did concur and asked for even 

11 additional time. I think 3 0 days would 

12 certainly be sufficient and we could resolve 

13 all outstanding disputes between the parties. 

14 JUDGE SULLIVAN: Okay. Let me 

15 then refer both of you to your calendars. 

16 Because what I'd like to do is then is reset 

17 the Rule 16 litigation scheduling conference. 

18 And then we can back track seven days for the 

19 submission of the Rule 26(f) discovery plan. 

20 And in that way we can talk about 

21 a time period that works for both of you in 

22 terms of maintaining your current schedule as 

NEAL R. GROSS 

(202) 234-4433 

COURT REPORTERS AND TRANSCRIBERS 

1323 RHODE ISLAND AVE., N.W. 

WASHINGTON, D.C. 20005-3701 www.nealrgross.com 
6 

1 you exchange documents and talk about 

2 settlement. 

3 So essentially about 30 days from 

4 today's date would be the end of March. And 

5 just so you know I am already in a trial the 

6 last week of March. So the earliest that I 

7 could schedule a new Rule 16 scheduling 

8 conference would be the first week of April 

9 2012. 

10 The second week of April I have a 

11 trial, the third week of April I have a trial. 

12 So I'm looking at either resetting this for 

13 the first week of April, which would begin 

14 April 2nd, 2012. Or the last week of April, 

15 which would begin with Monday, April 23rd, 

16 2012. 

17 Mr. Berman, starting with you, as 

18 the petitioning party, do you have any 

19 preference? 

20 MR BERMAN: I would prefer the 

21 last week of April. 

22 JUDGE SULLIVAN: Okay. Mr. 

NEAL R. GROSS 

(202) 234-4433 

COURT REPORTERS AND TRANSCRIBERS 

1323 RHODE ISLAND AVE., N.W. 

WASHINGTON, D.C. 20005-3701 www.nealrgross.com 
7 

1 Winton, turning next to you. Would the last 

2 week of April be satisfactory? 

3 MR WINTON: It would, Judge, yes. 

4 JUDGE SULLIVAN: Okay. I'll stick 

5 with you for the time being, Mr. Winton. Is 

6 there any day or days during the last week of 

7 April, which begins with Monday, April 23rd, 

8 2012, that would be a black out time for you 

9 in terms of trying to set something up on my 

10 calendar? 

11 MR WINTON: I think the 23rd 

12 itself would be difficult for me, otherwise 

13 24, 25 or 26, would be fine. 

14 JUDGE SULLIVAN: And do you have 

15 a preferred time? Do you like mornings or 

16 afternoon? 

17 MR WINTON: The morning is better. 

18 JUDGE SULLIVAN: Okay. Mr. 

19 Berman, turning back to you, for the period of 

20 April 24, 2012, through April 27, 2012 do you 

21 have any black out dates? 

22 MR BERMAN: April 24th through the 

NEAL R. GROSS 

(202) 234-4433 

COURT REPORTERS AND TRANSCRIBERS 

1323 RHODE ISLAND AVE., N.W. 

WASHINGTON, D.C. 20005-3701 www.nealrgross.com 
8 

1 26th would be good for me. Any time would be 

2 fine. 

3 JUDGE SULLIVAN: Okay. Let's plan 

4 onlO:OOa.m., onWednesday,April25th, 2012. 

5 And the 10:00 a.m. would be a one hour period 

6 of time. So it would be from 10:00 a.m. to 

7 11:00 a.m., Eastern Time. 

8 And as a result, looking at the 

9 previous Wednesday, which would be Wednesday 

10 April 18, 2012, for submissions of the parties 

11 discovery plans. Mr. Berman, would that work 

12 for you? 

13 MR BERMAN: Yes, it would. 

14 JUDGE SULLIVAN: And Mr. Winton? 

15 MR WINTON: Yes, just to confirm 

16 it's the 25th of April, from 10:00 to 11:00 

17 a.m. for the scheduled conference and one week 

18 prior which would be the 18th, for the pre 

19 submission? 

20 JUDGE SULLIVAN: Correct. I'll be 

21 sending out a written order that codify's both 

22 those dates for you. 

NEAL R. GROSS 

(202) 234-4433 

COURT REPORTERS AND TRANSCRIBERS 

1323 RHODE ISLAND AVE., NW. 

WASHINGTON, D.C. 20005-3701 www.nealrgross.com 
9 

1 MR WINTON: Great. 

2 JUDGE SULLIVAN: And you should 

3 get it tomorrow. Our mail system is such that 

4 if we don't get it out by 2 o'clock in the 

5 afternoon it sometimes rolls over into the 

6 next day. Since it's already 2:35 I'm going 

7 to err on the side of caution when I tell you 

8 the date that the order will be faxed to you. 

9 MR WINTON: Sure. 

10 JUDGE SULLIVAN: In terms of 

11 anything else. What I will do is I will grant 

12 the parties agreed request for continuance of 

13 the Rule 26(f) and Rule 16 litigation 

14 scheduling conference. 

15 I'm happy to address any other 

16 motions for relief or requests for relief at 

17 this time. Mr. Berman, do you have any? 

18 I'm sorry I couldn't hear you. 

19 I'm sorry, sir, I'm having a little bit of 

20 difficulty, do you have any motions for 

21 relief? 

22 MR BERMAN: No. 

NEAL R. GROSS 

(202) 234-4433 

COURT REPORTERS AND TRANSCRIBERS 

1323 RHODE ISLAND AVE., N.W. 

WASHINGTON, D.C. 20005·3701 INWW.nealrgross.com 
10 

1 JUDGE SULLIVAN: Okay. And Mr. 

2 Winton, on behalf of your client, any motions 

3 for relief other than what we've just 

4 discussed? 

5 MR WINTON: Nothing further, 

6 Judge. 

7 JUDGE SULLIVAN: Okay. Thank you 

8 very much for your presence today, good luck 

9 with your continuing negotiations. I'll look 

10 forward to talking with you on April 25, 2012, 

11 at 10:00 a.m. 

12 If you do in fact reach a 

13 settlement please be sure and let our office 

14 know. And if you file papers ahead of time I 

15 will be able to cancel the conference. 

16 With that we can go off the 

17 record, and I wish you all a good day. 

18 (Whereupon, the hearing in the 

19 above-entitled matter was concluded at 2:37 

20 p.m.) 

21 

22 

NEAL R. GROSS 

(202) 234-4433 

COURT REPORTERS AND TRANSCRIBERS 

1323 RHODE ISLAND AVE., N.W. 

WASHINGTON, D.C. 20005-3701 WNW.nealrgross.com 
A 

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Neal R. Gross & Co., Inc. 

202-234-4433 

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Neal R. Gross & Co., Inc. 

202-234-4433 

Page 12 
13 

C E R T I F I C A T E 

This is to certify that the foregoing transcript 

In the matter of: Fleet Aviation, Inc. 

Before: US DOT 

Date: 02-29-12 

Place: teleconference 

was duly recorded and accurately transcribed under 

my direction; further, that said transcript is a 

true and accurate record of the proceedings. 

{202) 234-4433 

Court Reporter 

NEAL R. GROSS 

COURT REPORTERS AND TRANSCRIBERS 

1323 RHODE ISUAND AVE., N.W. 

WASHINGTON, D.C. 20005-3701 www.nealrgross.com