VIRGINIA:

 UNITED STATES OF AMERICA US DEPT OF TRANSPORTATION

 OFFICE OF HEARINGS

FEDERAL AVIATION ADMINISTRATION,

 PLAINTIFF,

VS. CASE NO. FFA-2014-0867

BIRMINGHAM FLIGHT CENTER, INCORPORATED,

 DEFENDANT.

_____________________________________________________

 HEARING BEFORE

 THE HONORABLE J.E. SULLIVAN

 TUESDAY, APRIL 07, 2015

 10:06 A.M.

 HISTORIC JORDAN SPRINGS

 1160 JORDAN SPRINGS ROAD

 STEPHENSON VIRGINIA 22656
FAA vs Birmingham Flight Hearing April 7, 2015 VR # 2162-1 Page 2

1 APPEARANCES

2 ON BEHALF OF THE PLAINTIFF,

3 FEDERAL AVIATION ADMINISTRATION:

4 DELTRICK H. JOHNSON, ESQUIRE

5 FEDERAL AVIATION ADMINISTRATION

6 1701 COLUMBIA AVENUE

7 COLLEGE PARK, GEORGIA 30337

8 TELEPHONE: 404.305.5200

9 FACSIMILE: 404.305.5223

10

11

12

13 ON BEHALF OF THE DEFENDANT,

14 BIRMINGHAM FLIGHT CENTER, INCORPORATED:

15 PAUL BORTH, ESQUIRE

16 BARNETT AND BORTH, LLC

17 800 WAUKEGAN ROAD, SUITE 200

18 GLENVIEW , ILLINOIS 60025

19 TELEPHONE: 847.724.5520

20 FACSIMILE: 815.356.7042

21

22

23

24

25
FAA vs Birmingham Flight Hearing April 7, 2015 VR # 2162-1 Page 3

1 INDEX

2 Page

3

4 (NONE EXAMINED)

5

6

7 EXHIBITS

8 Exhibit Page

9

10 (NONE MARKED)

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FAA vs Birmingham Flight Hearing April 7, 2015 VR # 2162-1 Page 4

1 HEARING

2 TUESDAY, APRIL 07, 2015

3 10:06 A.M.

4 THE COURT: Good morning, this is Judge

5 Sullivan. Do I have Mr. Johnson on the line for the

6 FAA?

7 MR. JOHNSON: Yes, Your Honor.

8 THE COURT: And Mr. Borth on behalf of the

9 respondent , Birmingham Flight Center, Inc.?

10 MR. BORTH: Yes, Judge. Good morning.

11 THE COURT: Good morning. And it's my

12 understanding the court reporter is Suzanne Gonzales.

13 Ms. Gonzales, are you ready?

14 COURT REPORTER: Yes, ma'am. I'm ready.

15 THE COURT: We're on the record in the

16 matter of Birmingham Flight Center Inc. This is docket

17 number FAA-2014-0867. Today is Tuesday April 7, 2015

18 and the parties have convened by telephone for a

19 litigation scheduling conference. The FAA is

20 represented by its attorney of record, Mr. Deltrick H.

21 Johnson. The respondent, Birmingham Flight Center Inc.

22 is represented by Mr. Paul Borth, the partner in the

23 firm of Barnett & Borth LLC, representing the

24 respondent. Good morning to you both, counsel.

25 MR. BORTH: Good morning, Judge.
FAA vs Birmingham Flight Hearing April 7, 2015 VR # 2162-1 Page 5

1 THE COURT: I know that upon January 6,

2 2015, the Court issued an order setting Rule 16

3 litigation scheduling conference, and directing the

4 parties to engage in a Rule 26F planning meeting and a

5 submission of joint discovery plans. On March 20,

6 2015, the parties filed a joint proposed scheduling of

7 discovery plan, and we're convened today to talk about

8 that and any other issues that arise.

9 So counsel, let's start first just with a

10 few questions the Court has. There was a request by

11 the FAA in its original material. They're requesting a

12 Birmingham, Alabama venue for any hearing in this

13 matter. Mr. Borth, I just wanted to check in with you.

14 Do you have a preference about venue? Is Birmingham,

15 Alabama an agreement or something that you have not

16 considered?

17 MR. BORTH: We haven't really thought about

18 it. I guess we thought that it appears to be the

19 appropriate venue. I guess in these matters, obviously

20 it would be considered the Judge's preference, where

21 you may be or what venue you propose. But, we don't

22 have any issue with a Birmingham venue, so.

23 THE COURT: Okay. Well typically, one of the

24 things I look at is where the majority of witnesses

25 are going to be hailing from. So, according to the
FAA vs Birmingham Flight Hearing April 7, 2015 VR # 2162-1 Page 6

1 information that I have, the respondent, your client,

2 is located in Birmingham, Alabama, and the flight that

3 is at issue here appears to have taken off from that

4 location. So, do you know of anyone that isn't located

5 in Birmingham, Alabama that might be called to

6 testify?

7 MR. BORTH: I don't think so. I think at

8 this juncture, some of the addresses or current

9 addresses of the witnesses are, what their present

10 addresses are somewhat unknown, other than the ones

11 that I do have appear to be Alabama based and

12 Birmingham, Alabama base. So, I don't see an issue in

13 that respect. Unless I'll refute that other

14 information, respecting those witnesses ...

15 THE COURT: I'll ask the FAA attorney about

16 this in just a minute. I'm just interested in hearing

17 from your perspective. It sounds like you don't have

18 any basis not to be in Birmingham at this point.

19 MR. BORTH: That's right, Judge. That's

20 right.

21 THE COURT: Okay. Thank you. Mr. Johnson,

22 turning to you. You have suggested Birmingham, Alabama

23 as the venue. Does that remain your request today?

24 MR. JOHNSON: Yes, Your Honor.

25 THE COURT: Okay. Then, what I am going to
FAA vs Birmingham Flight Hearing April 7, 2015 VR # 2162-1 Page 7

1 do is I'm going to assume, absent any information to

2 the contrary, that Birmingham, Alabama is the site for

3 the hearing location. If something comes up in the

4 near future, the parties should let me know, because

5 we'll be looking for a court room facility in that

6 particular area a little later in the proceedings.

7 Let's talk next about the potential trial

8 date itself, because everything works back from that

9 date. Recently, I've been setting cases in 2016,

10 however I just had a case in November settle. So, that

11 time slot has opened up. It's a little different from

12 the proposed suggestion of September, October that's

13 contained on Page 2 of your two page document.

14 But, I wanted to check in with the parties

15 to see if November was a possibility. If so, I'm happy

16 to consider setting it in this open slot. So, Mr.

17 Johnson, starting with you, is a November, and we're

18 looking at specifically the week of November 16, 2015.

19 Is that a possibility for you?

20 MR. JOHNSON: Yes, Your Honor it is.

21 THE COURT: Okay. And what about you, Mr.

22 Borth?

23 MR. BORTH: Yes. I'm not sure when

24 Thanksgiving falls, but that appears to be prior to

25 Thanksgiving. So yes, I don't have a problem with
FAA vs Birmingham Flight Hearing April 7, 2015 VR # 2162-1 Page 8

1 that.

2 THE COURT: It is actually the week before

3 Thanksgiving.

4 MR. BORTH: Okay. Yes. I will be traveling,

5 and you know how it gets a little crazy at the

6 Thanksgiving time, but it's the week prior, that

7 should be no problem.

8 THE COURT: Okay. Let's talk now a little

9 bit about your trial plan. In your particular

10 documentation, you did not provide any time period for

11 the filing of any pre-hearing dispositive motions. And

12 by that, I mean summary judgment type motions. If

13 you're pretty comfortable with knowing that that's not

14 a possibility in this case, I'm perfectly happy to

15 forgo that.

16 If you do want to have time set aside for

17 that, I need to know that, because I'm not sure we can

18 squeeze it all in by November. But I want to check in

19 with you before we start talking about specific dates

20 or other things. So, Mr. Johnson, what's your position

21 on that?

22 MR. JOHNSON: At this time, Your Honor, it's

23 hard to make a decision since we haven't really gone

24 through discovery yet, Your Honor, to be honest with

25 you. But at this time, the agency doesn't feel as if
FAA vs Birmingham Flight Hearing April 7, 2015 VR # 2162-1 Page 9

1 it would need that motion period. But again, it's hard

2 to say without discovery, to be honest.

3 THE COURT: Okay. And Mr. Borth, how about

4 you?

5 MR. BORTH: Right. I agree, Judge. I don't

6 see that this doesn't seem, I think there's definitely

7 facts from disputes that are going to preclude a

8 summary judge of motion, apparently by either party.

9 That's just my impression, my understanding of these

10 facts, that it won't be right for a summary judge of

11 motion for either party. So, that's my position at

12 this juncture anyway.

13 THE COURT: All right. So, let's try for the

14 November time period, because that puts you in to the

15 2015 trial cycle instead of the 2016 trial cycle. So,

16 looking at November, the week of November 16, 2015, if

17 this will take two days does that mean, Mr. Johnson,

18 that you're looking at one day for your case and one

19 day for the respondent's case, or some other kind of

20 time configuration?

21 MR. JOHNSON: Yes, Your Honor. I expect one

22 day for the agency's case and believe it will take one

23 day for opposing counsel's case as well.

24 THE COURT: Okay. Mr. Borth, is that your

25 general understanding as well?
FAA vs Birmingham Flight Hearing April 7, 2015 VR # 2162-1 Page 10

1 MR. BORTH: It is. It is, Judge.

2 THE COURT: Okay. Then Mr. Johnson, do you

3 have a preference for when the case is tried during

4 the week of November 16? Do you want a Tuesday

5 Wednesday period, a Wednesday Thursday period?

6 MR. JOHNSON: A Wednesday period would work

7 best, Your Honor.

8 THE COURT: I'm sorry, Wednesday Thursday?

9 MR. JOHNSON: Tuesday Wednesday.

10 THE COURT: Okay. Mr. Borth, is that okay

11 with you as well?

12 MR. BORTH: Actually, I would prefer the

13 Wednesday Thursday, if that's ...

14 MR. JOHNSON: The agency does not object to

15 that, Your Honor. The agency just didn't want to start

16 on Monday.

17 THE COURT: Okay. Then let's set the first

18 day for November 18, 2015, the second day for

19 Thursday, November 19, 2015, and that would leave

20 Tuesday November 17 as a travel day, as well as Friday

21 November 20, 2015 as a travel day. Okay. Then let's

22 talk a little bit about the other times that you have.

23 And I'm going to make a couple of suggestions, if I

24 may, with this time period.

25 We're looking at a November trial instead of
FAA vs Birmingham Flight Hearing April 7, 2015 VR # 2162-1 Page 11

1 a September trial. We could probably push out some of

2 your deadlines a little bit. So, I'm going to suggest

3 the following. There should be a deadline for initial

4 disclosures, which you give to each other without any

5 request. And so, why don't we, looking at my calendar,

6 why don't we set next week, say, April 17 as the

7 deadline for doing that, in the event that there's

8 still something out there that you haven't already

9 exchanged with each other. Is that acceptable to you,

10 Mr. Johnson?

11 MR. JOHNSON: Yes, Your Honor.

12 THE COURT: And Mr. Borth?

13 MR. BORTH: Right. And you're referring to

14 26(a)1 disclosures?

15 THE COURT: Correct.

16 MR. BORTH: Okay. Yes, that's fine.

17 THE COURT: Okay. And then why don't we set

18 April 20, which is the following Monday, to start your

19 general discovery request? When you start to request

20 production of documents, propound interrogatories, do

21 your request for admission, and even start setting up

22 your notices of deposition. If we do that, we need to

23 push out your May 15, 2015 date, because people

24 normally have 30 days to respond to any such request.

25 And so, I'm going to suggest a couple dates
FAA vs Birmingham Flight Hearing April 7, 2015 VR # 2162-1 Page 12

1 to you and see what you think about it. So, if we keep

2 the April 20, 2015 date as the beginning of your

3 formal discovery request, you want to have some time

4 to do those. And you also want to include, within that

5 time period, an opportunity to identify expert

6 witnesses, exchange expert rebuttal reports, if any,

7 and so forth.

8 So, how about if we have a final deadline

9 for completing discovery, all discovery, say around

10 August 21, 2015. If we do that, then we can backtrack

11 a little bit and say that, for example, I'm going to

12 suggest, say, May 15, 2015 for the FAA to disclose who

13 they're going to call as an expert. May 29, 2015 for

14 the respondent's disclosure of its experts, if any.

15 June 12, 2015 for the exchange of any expert rebuttal

16 reports.

17 June 19, 2015 for the deadline to arrange

18 for depositions of experts. That gives you about a

19 month between June 19, 2015 and August 21, 2015 to

20 depose those experts, if needed. And then we can jump

21 into the next month, September 2015, for exchanging

22 your witnesses and a list of your exhibits. I'm sorry,

23 a list of your witnesses and your exhibits, let's say

24 September 18, 2015 to do that.

25 If we do that, then we can jump into October
FAA vs Birmingham Flight Hearing April 7, 2015 VR # 2162-1 Page 13

1 for the filing of any written stipulations or agreed

2 motions in limine prior to the hearing. And then I can

3 set up, at your request, a pre-hearing telephone

4 conference either the week of October 26 or the week

5 of November 2 prior to the actual trial date, to

6 discuss any and all other issues that still need to be

7 addressed. Starting with you, Mr. Johnson, would that

8 type of schedule work for you?

9 MR. JOHNSON: Yes, Your Honor. The agency

10 has no objection to that schedule.

11 THE COURT: Okay. Mr. Borth, how about for

12 you?

13 MR. BORTH: That's fine, Judge. The only

14 issue I may have is that I would prefer to have the

15 motion in limine conference in the October time frame,

16 the earlier I can know rulings on that. And I'm not

17 sure if the Court wants to discuss motions in limine,

18 let's say, on exclusion of evidence or so forth.

19 I don't know if the Court will rule on that

20 day, or give us a ruling subsequently, but it helps me

21 in my trial preparation to know the rules of the game,

22 so to speak, and what's coming and what's not. So, if

23 I can have a little bit of extra time on that prior to

24 the hearing date, that would be appreciated. So, I

25 would appreciate the October date as opposed to the
FAA vs Birmingham Flight Hearing April 7, 2015 VR # 2162-1 Page 14

1 November date for that purpose.

2 THE COURT: Okay. Well, let's look at our

3 calenders for the week of October 26, 2015. And I have

4 Monday, Tuesday, and Wednesday open for telephone

5 conferences. Mr. Johnson, starting with you, is there

6 any particular blackout dates or times during those

7 three days?

8 MR. JOHNSON: Could you repeat the dates,

9 Your Honor? You said 24th, 25th, and 26th?

10 THE COURT: Well, I'm looking at October

11 2015. So, Monday would be October 26.

12 MR. JOHNSON: Okay, because I had it as a

13 weekend and I was looking at the wrong year. I

14 apologize. I don't have blackout dates during those

15 days.

16 THE COURT: I'm sorry, sir?

17 MR. JOHNSON: I do not have any blackout

18 dates. I'm available during that time, Your Honor.

19 THE COURT: Mr. Borth, how about for you?

20 MR. BORTH: I'm available other than the

21 Monday and the Tuesday. I guess I'm available 28, 29

22 at 3.

23 THE COURT: Okay, well the 29 and 30 weren't

24 offered, so we'll take those off the plate right now.

25 MR. BORTH: Sorry.
FAA vs Birmingham Flight Hearing April 7, 2015 VR # 2162-1 Page 15

1 THE COURT: Let's talk about the 28th. How

2 about 10:00 o'clock on Wednesday October 28, 2015?

3 Would that work?

4 MR. BORTH: That works for me.

5 THE COURT: Okay.

6 MR. BORTH: Yes.

7 THE COURT: And Mr. Johnson, I've already

8 heard from you that that's going to be okay. So, we'll

9 have our pre-hearing conference on that date, and

10 we'll talk about any matters that the parties need to

11 address in terms of motions in limine, and or pre12 hearing issues that need to be addressed. So, let's

13 just review so that we're all on the same page.

14 I have April 17, 2015 for the deadline for

15 initial disclosures. April 20, 2015 to begin general

16 discovery requests. May 15, 2015 for the FAA to

17 disclose who they're going to call as an expert in the

18 case. May 29, 2015 for the respondent to disclose its

19 expert. June 12, 2015 for the parties to finish

20 exchanging expert rebuttal reports. I have a June 19,

21 2015 deadline for issuing subpoenas, arranging for

22 depositions.

23 And then the period between June 19, 2015

24 and August 21, 2015, for finishing any and all

25 depositions and discovery, with August 21, 2015 the
FAA vs Birmingham Flight Hearing April 7, 2015 VR # 2162-1 Page 16

1 deadline for completing discovery. I then have

2 September 18, 2015 for filing these list of witnesses

3 and exchange of exhibits for hearing. October 16, 2015

4 for filing any written stipulations or agreed motions

5 in limine.

6 And then approximately a week and a half

7 later, October 28, 2015 at 10:00 A.M., a one hour

8 telephone conference set up for the parties to discuss

9 any disputed motions in limine, and or any other

10 matters that will precede the trial, which will be

11 heard in Birmingham, in Alabama, on November 18, 2015

12 and November 19, 2015. Mr. Johnson, starting with you,

13 does that cover everything that we've talked about to

14 your knowledge?

15 MR. JOHNSON: Yes, Your Honor.

16 THE COURT: Okay. Is there anything else

17 that we need to address on behalf of your client in

18 terms of scheduling?

19 MR. JOHNSON: No, Your Honor.

20 THE COURT: Mr. Borth, turning to you, same

21 question.

22 MR. BORTH: Yes, this is fine with me, and I

23 don't have no other concerns at this time.

24 THE COURT: Okay. What I'll do is I'll send

25 out a litigation scheduling order that talks about,
FAA vs Birmingham Flight Hearing April 7, 2015 VR # 2162-1 Page 17

1 that basically codifies in writing all these dates

2 that we've talked about. Closer in time to the

3 November 2015 hearing, I'll send out a notice of where

4 the hearing is going to take place in Birmingham,

5 Alabama. If, for any reason, we have trouble finding a

6 courtroom in Birmingham, Alabama, we'll try and find

7 the next closest city and look there.

8 Typically, we start with the US District

9 Court and we talk to folks at the Bankruptcy Court as

10 well as the US Tax Court. If all those venues are

11 booked, and sometimes they can be, we will sometimes

12 go to the State Court and then branch out accordingly.

13 But, we're very successful usually in getting a court

14 room in the city in which people have chosen as their

15 primary venue spot.

16 The litigation scheduling order that you'll

17 get will also get information about how to mark your

18 exhibits for the hearing, how to file motions if

19 you're having trouble with discovery, and how to

20 schedule motions or other conferences on my calender

21 that we haven't set formally today. And in essence,

22 the attorney who set up the conference call today and

23 with whom you may have spoken a few minutes before we

24 started, is the person who helps set up matters on my

25 calender.
FAA vs Birmingham Flight Hearing April 7, 2015 VR # 2162-1 Page 18

1 So, what you need to do is talk to each

2 other, figure out three or four mutually agreeable

3 dates that you're available for a telephone

4 conference, and then call Mr. Smith, the attorney with

5 whom I work, as soon as you can to see if you can get

6 into my calender. So, that usually works really well

7 for everybody. In terms of discovery disputes, if you

8 have a discovery dispute, I do require that you talk

9 to each other first and then submit any motions to

10 compel a Rule 37 declaration of attempting to settle

11 the matter before you come to the court.

12 With anything else, I've tried to address

13 all the other types of typical questions in this

14 particular litigation order. If there are other

15 questions that I didn't anticipate, please feel free

16 to call Mr. Smith and ask, and he's usually very, very

17 good about responding within 12 to 24 hours to any

18 inquiry.

19 With that, Mr. Johnson, I do have a question

20 for you. I had it on my list. It appeared to me from

21 your complaint that you're alleging that there were

22 seven violations that are alleged to have occurred on

23 or about September 18, 2012. Is that correct?

24 MR. JOHNSON: Let me double check, Your

25 Honor. I'm not sure if it's seven exactly. Yes, Your
FAA vs Birmingham Flight Hearing April 7, 2015 VR # 2162-1 Page 19

1 Honor.

2 THE COURT: Okay. And then based on those

3 seven violations, each of those violations carries a

4 maximum civil penalty of $1,100. And your proposed

5 civil penalty, at this point, is requesting the

6 maximum on that or something else? The reason I ask is

7 because if I take 7 times 1,100 ...

8 MR. JOHNSON: Yes, Your Honor.

9 THE COURT: I get a different number than

10 11,000. I get 7,700.

11 MR. JOHNSON: Yes, Your Honor. As far as

12 sanctions, it was based on, and I have to go through

13 the file again. I'm sorry, Your Honor.

14 THE COURT: Yes. Well, I ...

15 MR. JOHNSON: But, I think that it was more.

16 If I can remember this accurately as I go through the

17 file, it appears that one of the sanctions carries,

18 though it was seven violations, one of them was cited

19 twice. And I have to go through it, Your Honor, to

20 simply answer your question.

21 THE COURT: Well, if you will do that at

22 your leisure. I'll just note that that was a question

23 that rose in my mind when I read your complaint, and

24 it may be something that you and Mr. Borth can work on

25 and figure out long before the hearing commences.
FAA vs Birmingham Flight Hearing April 7, 2015 VR # 2162-1 Page 20

1 MR. JOHNSON: Yes, Your Honor.

2 THE COURT: I don't need a response from you

3 filed with the Court, I just want to put that on your

4 plate so that you can take a look at it.

5 MR. JOHNSON: Thank you, Your Honor.

6 THE COURT: Okay, thank you. Then with that,

7 it appears our business is complete for now. I'm going

8 to thank you both very much for the work you've done

9 on the ...

10 MR. BORTH: Judge? I do have one question,

11 Judge, I'm sorry to ...

12 THE COURT: Yes, Mr. Borth?

13 MR. BORTH: ... interrupt you. Will your

14 order also provide us with procedures for subpoenas? I

15 don't know, I've had varying procedures on that with

16 between DOT and NTSB judges as to what the procedure

17 will be for if I want to issue a subpoena for a

18 witness, do I go through you or how does the Court

19 want us to handle that?

20 THE COURT: You actually can go through this

21 Court, but most people will go to the hearing docket

22 clerk.

23 MR. BORTH: Okay.

24 THE COURT: So, if you look at 14 CFR

25 section 13.228 ...
FAA vs Birmingham Flight Hearing April 7, 2015 VR # 2162-1 Page 21

1 MR. BORTH: Mm-hmm (indicating

2 affirmatively).

3 THE COURT: ... which is the regulation that

4 talks about subpoenas, you can either go to the judge

5 or to the hearing docket clerk. And the hearing docket

6 clerk, from what I've been told by the party, is much

7 faster.

8 MR. BORTH: Okay.

9 THE COURT: So, that's been my

10 understanding, is that you send it to the hearing

11 docket clerk, they sign off on it and send it right

12 back to you.

13 MR. BORTH: Okay, perfect. That's great. I

14 appreciate that.

15 THE COURT: You're welcome. Then any other

16 questions, Mr. Borth?

17 MR. BORTH: No, none.

18 THE COURT: Okay, then I'll thank you both

19 very much for your work on this case so far. I wish

20 you good luck in your discovery and your settlement

21 negotiations, and you'll be receiving a litigation

22 scheduling order hopefully within the next 24 hours.

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

24 all a good day. Thank you.

25 MR. BORTH: Thank you, Judge.
FAA vs Birmingham Flight Hearing April 7, 2015 VR # 2162-1 Page 22

1 THE COURT: All right, bye-bye.

2 (WHEREUPON, the Hearing was concluded at 10:35 A.M.)

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FAA vs Birmingham Flight Hearing April 7, 2015 VR # 2162-1 Page 23

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.

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CERTIFICATE OF REPORTER AND SECURE ENCRYPTED

 I, Faye O. LaVoy, 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 record of same to the best of my 

 This transcript and certificate have been digitally

 the action filed or its outcome.

 knowledge and ability; that there is no relation nor 

 parties hereto, nor financial or otherwise interest in

 employment by any attorney or counsel employed by the

Court Reporter

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 , .

Faye O. LaVoy

17th April 2015
FAA vs Birmingham Flight Hearing April 7, 2015 VR # 2162-1 Page 25

$

$1,100 19:4

0

07 4:2

1

1,100 19:7

10:00 15:2

16:7

10:06 4:3

10:35 22:2

11,000 19:10

12 12:15

15:19 18:17

13.228 20:25

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12:12 15:16

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9:16 10:4

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12:17 12:19

15:20 15:23

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2 7:13 13:5

20 5:5

10:21 11:18

12:2 15:15

2012 18:23

2015 4:2 4:17

5:2 5:6

7:18 9:15

9:16

10:18 10:19

10:21 11:23

12:2

12:10 12:12

12:13 12:15

12:17 12:19

12:19 12:21

12:24

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15:16 15:18

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15:23 15:24

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16:7

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2016 7:9 9:15

21 12:10

12:19 15:24

15:25

24 18:17

21:22

24th 14:9

25th 14:9

26 13:4

14:3 14:11

26(a)1 11:14

26F 5:4

26th 14:9

28 14:21 15:2

16:7

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absent 7:1

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actual 13:5

actually

8:2 10:12

20:20

address 15:11

16:17 18:12

addressed

13:7 15:12

addresses 6:8

6:9 6:10

admission

11:21

affirmatively

21:2

agency 8:25

10:14 10:15

13:9

agency's 9:22

agreeable

18:2

agreed 13:1

16:4

agreement

5:15

Alabama

5:12 5:15

6:2 6:5

6:11 6:12

6:22 7:2

16:11

17:5 17:6

alleged 18:22

alleging

18:21

already

11:8 15:7

am 6:25

answer 19:20

anticipate

18:15
FAA vs Birmingham Flight Hearing April 7, 2015 VR # 2162-1 Page 26

anyone 6:4

anything

16:16 18:12

anyway 9:12

apologize

14:14

apparently

9:8

appear 6:11

appeared

18:20

appears

5:18 6:3

7:24

19:17 20:7

appreciate

13:25 21:14

appreciated

13:24

appropriate

5:19

approximately

16:6

April 4:2

4:17 11:6

11:18

12:2

15:14 15:15

area 7:6

arise 5:8

arrange 12:17

arranging

15:21

aside 8:16

assume 7:1

attempting

18:10

attorney 4:20

6:15

17:22 18:4

August

12:10 12:19

15:24 15:25

available

14:18 14:20

14:21 18:3

B

backtrack

12:10

Bankruptcy

17:9

Barnett 4:23

base 6:12

based 6:11

19:2 19:12

basically

17:1

basis 6:18

begin 15:15

beginning

12:2

behalf 4:8

16:17

believe 9:22

best 10:7

Birmingham

4:9 4:16

4:21 5:12

5:14 5:22

6:2 6:5

6:12 6:18

6:22 7:2

16:11

17:4 17:6

bit 8:9 10:22

11:2

12:11 13:23

blackout 14:6

14:14 14:17

booked 17:11

Borth 4:8

4:10 4:22

4:23 4:25

5:13 5:17

6:7 6:19

7:22 7:23

8:4 9:3 9:5

9:24 10:1

10:10 10:12

11:12 11:13

11:16 13:11

13:13 14:19

14:20 14:25

15:4 15:6

16:20 16:22

19:24 20:10

20:12 20:13

20:23

21:1 21:8

21:13 21:16

21:17 21:25

branch 17:12

business 20:7

bye-bye 22:1

C

calendar 11:5

calender

17:20 17:25

18:6

calenders

14:3

carries

19:3 19:17

case 7:10

8:14 9:18

9:19 9:22

9:23 10:3

15:18 21:19

cases 7:9

Center 4:9

4:16 4:21

CFR 20:24

check 5:13

7:14 8:18

18:24

chosen 17:14

cited 19:18

city 17:7

17:14

civil 19:4

19:5

clerk 20:22

21:5 21:6

21:11

client 6:1

16:17

Closer 17:2

closest 17:7

codifies 17:1

comes 7:3

comfortable

8:13

coming 13:22

commences
FAA vs Birmingham Flight Hearing April 7, 2015 VR # 2162-1 Page 27

19:25

compel 18:10

complaint

18:21 19:23

complete 20:7

completing

12:9 16:1

concerns

16:23

concluded

22:2

conference

4:19 5:3

13:4

13:15

15:9 16:8

17:22 18:4

conferences

14:5 17:20

configuration

9:20

consider 7:16

considered

5:16 5:20

contained

7:13

contrary 7:2

convened 4:18

5:7

correct 11:15

18:23

counsel

4:24 5:9

counsel's

9:23

couple

10:23 11:25

court 4:4 4:8

4:11 4:12

4:14 4:15

5:1 5:2

5:10 5:23

6:15 6:21

6:25 7:5

7:21 8:2

8:8 9:3

9:13 9:24

10:2 10:8

10:10 10:17

11:12 11:15

11:17 13:11

13:17 13:19

14:2

14:10 14:16

14:19 14:23

15:1 15:5

15:7

16:16 16:20

16:24

17:9 17:9

17:10 17:12

17:13 18:11

19:2 19:9

19:14 19:21

20:2 20:3

20:6

20:12 20:18

20:20 20:21

20:24

21:3 21:9

21:15 21:18

22:1

courtroom

17:6

cover 16:13

crazy 8:5

current 6:8

cycle 9:15

9:15

D

date 7:8

7:9 11:23

12:2 13:5

13:24 13:25

14:1 15:9

dates 8:19

11:25

14:6 14:8

14:14 14:18

17:1 18:3

day 9:18 9:19

9:22 9:23

10:18 10:18

10:20 10:21

13:20 21:24

days 9:17

11:24

14:7 14:15

deadline 11:3

11:7 12:8

12:17 15:14

15:21 16:1

deadlines

11:2

decision 8:23

declaration

18:10

definitely

9:6

Deltrick 4:20

depose 12:20

deposition

11:22

depositions

12:18 15:22

15:25

different

7:11 19:9

directing 5:3

disclose

12:12 15:17

15:18

disclosure

12:14

disclosures

11:4

11:14 15:15

discovery 5:5

5:7 8:24

9:2 11:19

12:3 12:9

12:9

15:16 15:25

16:1

17:19

18:7 18:8

21:20

discuss

13:6

13:17 16:8

dispositive

8:11

dispute 18:8

disputed 16:9

disputes

9:7 18:7

District 17:8

docket 4:16

20:21
FAA vs Birmingham Flight Hearing April 7, 2015 VR # 2162-1 Page 28

21:5 21:5

21:11

document 7:13

documentation

8:10

documents

11:20

done 20:8

DOT 20:16

double 18:24

during 10:3

14:6

14:14 14:18

E

earlier 13:16

either 9:8

9:11 13:4

21:4

else 16:16

18:12 19:6

engage 5:4

essence 17:21

event 11:7

everybody

18:7

everything

7:8 16:13

evidence

13:18

exactly 18:25

example 12:11

exchange 12:6

12:15 16:3

exchanged

11:9

exchanging

12:21 15:20

exclusion

13:18

exhibits

12:22 12:23

16:3 17:18

expect 9:21

expert 12:5

12:6

12:13 12:15

15:17 15:19

15:20

experts 12:14

12:18 12:20

extra 13:23

F

FAA 4:6

4:19 5:11

6:15

12:12 15:16

FAA-2014-0867

4:17

facility 7:5

facts 9:7

9:10

falls 7:24

faster 21:7

feel 8:25

18:15

figure 18:2

19:25

file 17:18

19:13 19:17

filed 5:6

20:3

filing 8:11

13:1 16:2

16:4

final 12:8

finding 17:5

fine 11:16

13:13 16:22

finish 15:19

finishing

15:24

firm 4:23

first 5:9

10:17 18:9

flight 4:9

4:16 4:21

6:2

folks 17:9

forgo 8:15

formal 12:3

formally

17:21

forth 12:7

13:18

frame 13:15

free 18:15

Friday 10:20

future 7:4

G

game 13:21

general

9:25

11:19 15:15

gets 8:5

getting 17:13

gives 12:18

gone 8:23

Gonzales 4:12

4:13

great 21:13

guess 5:18

5:19 14:21

H

hailing 5:25

half 16:6

handle 20:19

happy 7:15

8:14

hard 8:23 9:1

haven't

5:17 8:23

11:8 17:21

having 17:19

heard 15:8

16:11

hearing 4:1

5:12 6:16

7:3 13:2

13:24 15:12

16:3 17:3

17:4

17:18 19:25

20:21

21:5 21:5

21:10 22:2

helps 13:20

17:24

he's 18:16
FAA vs Birmingham Flight Hearing April 7, 2015 VR # 2162-1 Page 29

honest 8:24

9:2

Honor 4:7

6:24 7:20

8:22 8:24

9:21 10:7

10:15 11:11

13:9 14:9

14:18 16:15

16:19 18:25

19:1 19:8

19:11 19:13

19:19

20:1 20:5

hopefully

21:22

hour 16:7

hours 18:17

21:22

I

identify 12:5

I'll 6:13

6:15

16:24 16:24

17:3

19:22 21:18

I'm 4:14 6:16

7:1 7:15

7:23 8:14

8:17 10:8

10:23

11:2

11:25 12:11

12:22 13:16

14:10 14:16

14:18 14:20

14:21 18:25

19:13

20:7 20:11

impression

9:9

Inc 4:9

4:16 4:21

include 12:4

indicating

21:1

information

6:1 6:14

7:1 17:17

initial

11:3 15:15

inquiry 18:18

instead

9:15 10:25

interested

6:16

interrogatori

es 11:20

interrupt

20:13

isn't 6:4

issue 5:22

6:3 6:12

13:14 20:17

issued 5:2

issues 5:8

13:6 15:12

issuing 15:21

I've 7:9 15:7

18:12 20:15

21:6

J

January 5:1

Johnson 4:5

4:7 4:21

6:21 6:24

7:17 7:20

8:20 8:22

9:17 9:21

10:2 10:6

10:9

10:14 11:10

11:11

13:7 13:9

14:5 14:8

14:12 14:17

15:7

16:12 16:15

16:19 18:19

18:24

19:8

19:11 19:15

20:1 20:5

joint 5:5 5:6

judge 4:4

4:10 4:25

6:19 9:5

9:8 9:10

10:1

13:13 20:10

20:11

21:4 21:25

judges 20:16

Judge's 5:20

judgment 8:12

jump 12:20

12:25

juncture

6:8 9:12

June 12:15

12:17 12:19

15:19 15:20

15:23

K

knowledge

16:14

L

later 7:6

16:7

leave 10:19

leisure 19:22

let's 5:9 7:7

8:8 9:13

10:17 10:21

12:23 13:18

14:2 15:1

15:12

limine 13:2

13:15 13:17

15:11

16:5 16:9

line 4:5

list 12:22

12:23

16:2 18:20

litigation

4:19 5:3

16:25 17:16

18:14 21:21

little 7:6

7:11 8:5

8:8 10:22

11:2

12:11 13:23

LLC 4:23

located 6:2

6:4

location

6:4 7:3
FAA vs Birmingham Flight Hearing April 7, 2015 VR # 2162-1 Page 30

long 19:25

luck 21:20

M

ma'am 4:14

majority 5:24

March 5:5

mark 17:17

material 5:11

matter 4:16

5:13 18:11

matters

5:19

15:10 16:10

17:24

maximum

19:4 19:6

may 5:21

10:24 11:23

12:12 12:13

13:14 15:16

15:18 17:23

19:24

mean 8:12

9:17

meeting 5:4

mind 19:23

minute 6:16

minutes 17:23

Mm-hmm 21:1

Monday

10:16 11:18

14:4

14:11 14:21

month 12:19

12:21

morning 4:4

4:10 4:11

4:24 4:25

motion 9:1

9:8 9:11

13:15

motions

8:11 8:12

13:2

13:17 15:11

16:4 16:9

17:18 17:20

18:9

mutually 18:2

N

negotiations

21:21

none 21:17

normally

11:24

note 19:22

notice 17:3

notices 11:22

November 7:10

7:15 7:17

7:18 8:18

9:14 9:16

9:16 10:4

10:18 10:19

10:20 10:21

10:25

13:5 14:1

16:11 16:12

17:3

NTSB 20:16

O

object 10:14

objection

13:10

obviously

5:19

occurred

18:22

o'clock 15:2

October

7:12

12:25

13:4

13:15 13:25

14:3

14:10 14:11

15:2 16:3

16:7

offered 14:24

okay 5:23

6:21 6:25

7:21 8:4

8:8 9:3

9:24 10:2

10:10 10:10

10:17 10:21

11:16 11:17

13:11

14:2

14:12 14:23

15:5 15:8

16:16 16:24

19:2 20:6

20:23

21:8

21:13 21:18

ones 6:10

open 7:16

14:4

opened 7:11

opportunity

12:5

opposed 13:25

opposing 9:23

order 5:2

16:25 17:16

18:14 20:14

21:22

original 5:11

P

page 7:13

7:13 15:13

particular

7:6 8:9

14:6 18:14

parties

4:18 5:4

5:6 7:4

7:14

15:10 15:19

16:8

partner 4:22

party 9:8

9:11 21:6

Paul 4:22

penalty

19:4 19:5

people

11:23 17:14

20:21

perfect 21:13

perfectly

8:14

period 8:10

9:1 9:14
FAA vs Birmingham Flight Hearing April 7, 2015 VR # 2162-1 Page 31

10:5 10:5

10:6

10:24

12:5 15:23

person 17:24

perspective

6:17

plan 5:7 8:9

planning 5:4

plans 5:5

plate 14:24

20:4

please 18:15

point 6:18

19:5

position 8:20

9:11

possibility

7:15 7:19

8:14

potential 7:7

pre 15:11

precede 16:10

preclude 9:7

prefer

10:12 13:14

preference

5:14 5:20

10:3

pre-hearing

8:11 13:3

15:9

preparation

13:21

present 6:9

pretty 8:13

primary 17:15

prior 7:24

8:6 13:2

13:5 13:23

probably 11:1

problem

7:25 8:7

procedure

20:16

procedures

20:14 20:15

proceedings

7:6

production

11:20

propose 5:21

proposed

5:6 7:12

19:4

propound

11:20

provide

8:10 20:14

purpose 14:1

push 11:1

11:23

puts 9:14

Q

question

16:21 18:19

19:20 19:22

20:10

questions

5:10

18:13 18:15

21:16

R

ready 4:13

4:14

really 5:17

8:23 18:6

reason 17:5

19:6

rebuttal 12:6

12:15 15:20

receiving

21:21

Recently 7:9

record 4:15

4:20 21:23

referring

11:13

refute 6:13

regulation

21:3

remain 6:23

remember

19:16

repeat 14:8

reporter 4:12

4:14

reports

12:6

12:16 15:20

represented

4:20 4:22

representing

4:23

request

5:10 6:23

11:5

11:19 11:19

11:21 11:24

12:3 13:3

requesting

5:11 19:5

requests

15:16

require 18:8

respect 6:13

respecting

6:14

respond 11:24

respondent

4:9 4:21

4:24 6:1

15:18

respondent's

9:19 12:14

responding

18:17

response 20:2

review 15:13

room 7:5

17:14

rose 19:23

rule 5:2

5:4 13:19

18:10

rules 13:21

ruling 13:20

rulings 13:16

S

sanctions
FAA vs Birmingham Flight Hearing April 7, 2015 VR # 2162-1 Page 32

19:12 19:17

schedule 13:8

13:10 17:20

scheduling

4:19 5:3

5:6 16:18

16:25 17:16

21:22

second 10:18

section 20:25

seem 9:6

send 16:24

17:3

21:10 21:11

September

7:12 11:1

12:21 12:24

16:2 18:23

setting 5:2

7:9 7:16

11:21

settle 7:10

18:10

settlement

21:20

seven 18:22

18:25

19:3 19:18

sign 21:11

simply 19:20

sir 14:16

site 7:2

slot 7:11

7:16

Smith 18:4

18:16

somewhat 6:10

sorry 10:8

12:22 14:16

14:25 19:13

20:11

sounds 6:17

speak 13:22

specific 8:19

specifically

7:18

spoken 17:23

spot 17:15

squeeze 8:18

start 5:9

8:19

10:15 11:18

11:19 11:21

17:8

started 17:24

starting 7:17

13:7 14:5

16:12

State 17:12

stipulations

13:1 16:4

submission

5:5

submit 18:9

subpoena

20:17

subpoenas

15:21 20:14

21:4

subsequently

13:20

successful

17:13

suggest

11:2

11:25 12:12

suggested

6:22

suggestion

7:12

suggestions

10:23

Sullivan 4:5

summary

8:12 9:8

9:10

sure 7:23

8:17

13:17 18:25

Suzanne 4:12

T

talk 5:7

7:7 8:8

10:22

15:1

15:10

17:9 18:1

18:8

talked

16:13 17:2

talking 8:19

talks 16:25

21:4

Tax 17:10

telephone

4:18 13:3

14:4 16:8

18:3

terms 15:11

16:18 18:7

testify 6:6

thank 6:21

20:5 20:6

20:8

21:18 21:24

21:25

Thanksgiving

7:24 7:25

8:3 8:6

there's 9:6

11:7

they're

5:11

12:13 15:17

Thursday 10:5

10:8

10:13 10:19

today 4:17

5:7 6:23

17:21 17:22

travel

10:20 10:21

traveling 8:4

trial 7:7 8:9

9:15 9:15

10:25

11:1 13:5

13:21 16:10

tried 10:3

18:12

trouble

17:5 17:19

try 9:13 17:6

Tuesday 4:2
FAA vs Birmingham Flight Hearing April 7, 2015 VR # 2162-1 Page 33

4:17 10:4

10:9

10:20

14:4 14:21

turning

6:22 16:20

twice 19:19

type 8:12

13:8

types 18:13

typical 18:13

typically

5:23 17:8

U

understanding

4:12 9:9

9:25 21:10

unknown 6:10

Unless 6:13

upon 5:1

usually 17:13

18:6 18:16

V

varying 20:15

venue 5:12

5:14 5:19

5:21 5:22

6:23 17:15

venues 17:10

violations

18:22

19:3 19:3

19:18

W

Wednesday

10:5 10:5

10:6 10:8

10:9

10:13

14:4 15:2

week 7:18 8:2

8:6 9:16

10:4 11:6

13:4 13:4

14:3 16:6

weekend 14:13

welcome 21:15

we'll 7:5

14:24

15:8

15:10 17:6

we're 4:15

5:7 7:17

10:25 15:13

17:13

we've 16:13

17:2

WHEREUPON

22:2

whom 17:23

18:5

wish 21:19

21:23

witness 20:18

witnesses

5:24 6:9

6:14 12:6

12:22 12:23

16:2

work 10:6

13:8 15:3

18:5

19:24

20:8 21:19

works 7:8

15:4 18:6

writing 17:1

written

13:1 16:4

wrong 14:13

Y

yet 8:24

you'll

17:16 21:21

you've 20:8