• 

• 

• 

IN THE MATTER OF: 

COVERMARK USA 

+"1 

) ' 1/, 

Docket No. FAA-2011-0488 

Conference Room 

2: 13 

Heritage Reporting Corporation 

1220 L Street, N.W., Suite 600 

Washington, D.C. 20005-4018 

Thursday, 

May 31, 2012 

The parties met, pursuant to notice of the Agency, 

at 1:33 p.m. 

BEFORE: HONORABLE J.E. SULLIVAN 

Administrative Law Judge 

APPEARANCES: (Via Telephone) 

For the Petitioner: 

GERALD ELLIS, Esquire 

Federal Aviation Administration 

Office of the Regional Counsel 

Southern Region 

P.O. Box 20636 

Atlanta, Georgia 30320 

(404) 305-5200 

For the Respondent: 

KEITH ROBERTS, Esquire 

Roberts Proprietaries, Inc. 

180 West 80th Street 

New York, New York 10024 

(917) 441-8642 

RECEIVED 

JUN 1 5 2012 

HEARING DOCKET 

Heritage Reporting Corporation 

(202) 628-4888 
• 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 

• 

(1:33 p.m.) 

JUDGE SULLIVAN: We're on the record in the 

matter of Covermark USA. This is docket number FAA2011-0488. Today is Thursday, May 31, 2012, and the 

parties have convened for a litigation scheduling 

conference. The Federal Aviation Administration which 

I'll hereinafter refer to as the FAA is represented by 

its attorney, Gerald A. Ellis. Covermark USA is 

represented by its president, Keith Roberts, who also 

is an attorney. 

Also present with the Court at the office of 

hearings are two law student interns, Melissa Ngo and 

also Mark Soto. They are appearing as observers only. 

Good afternoon, counsel. 

MR. ELLIS: Good afternoon. 

MR. ROBERTS: Good afternoon. 

JUDGE SULLIVAN: I'll simply note that we 

have a little bit of history for the record already. 

In essence, there was the April 2, 2012 order deeming 

allegations of safety violation admitted and 

granting/denying other relief. 

And as the file record notes in this 

particular order, the FAA's motion to deem allegations 

admitted was granted. Respondent's motion for a 

Heritage Reporting Corporation 

(202) 628-4888 

2 
• 

• 

• 

1 decision waiving the civil penalty of $10,000 was 

2 denied. And the matter remains set for hearing on the 

3 issue of the civil penalty which has been recommended 

4 by the FAA to be $10,000. 

5 In addition, on April 3, 2012, there was an 

6 order setting Rule 16 litigation scheduling conference 

7 and directing Rule 26(f) planning and submission. As 

8 part of that particular order, the parties were 

9 directed to contact each other and privately conduct a 

10 Rule 26(f) planning meeting and then submit a joint 

11 proposed discovery plan on or before Thursday, May 

12 26th, 2012 . 

13 I'll note that on May 30, 2012 the Court 

14 received the FAA's proposed procedural schedule in 

15 which it stated that it had a copy of that schedule to 

16 the Respondent and had received no response. So let's 

17 chat a little bit about that. Have the two of you had 

18 the chance to meet privately pursuant to the Court's 

19 order and discuss this case? And I'll start with you, 

20 Mr. Ellis. 

21 MR. ELLIS: Yes, as is the usual in these 

22 cases, the Respondent had an opportunity to request 

23 and did have an informal conference in the case. 

24 

25 

JUDGE SULLIVAN: Well, I'm talking about 

MR. ELLIS: And we have had --

Heritage Reporting Corporation 

(202) 628-4888 

3 
• 

• 

• 

1 JUDGE SULLIVAN: -- I'm talking --

2 MR. ELLIS: -- sorry. 

3 JUDGE SULLIVAN: since the Court issued 

4 its April 3, 2012 order, have you conferred with Mr. 

5 Roberts privately for a Rule 26(f) conference? I'm 

6 not talking about what's happened in the past prior to 

7 the office of hearing being involved. I'm talking 

8 about what has happened since I issued the order 

9 directing you to confer with each other. 

10 MR. ELLIS: We discussed settling the case. 

11 JUDGE SULLIVAN: Okay. And when did you 

12 have that discussion, sir? 

13 MR. ROBERTS: This morning. 

14 MR. ELLIS: We had one this morning, and we 

15 had one prior to that on April 12th. 

16 JUDGE SULLIVAN: Okay. April 12th -- okay. 

17 Let me ask you this then -- well, let me go to you, 

18 Mr. Roberts. Was there any particular reason that you 

19 did not confer with Mr. Ellis to have a joint 

20 discovery plan proposed? 

21 MR. ROBERTS: Yes. I don't think there is 

22 anything to be discovered, to tell you the truth. 

23 There are no facts in dispute here. The whole dispute 

24 revolves around whether the proposed penalty of 

25 $10,000 makes any sense in this kind of a case. We 

Heritage Reporting Corporation 

(202) 628-4888 

4 
• 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 

• 

have no disagreement as to the facts. 

JUDGE SULLIVAN: Well, you wouldn't because 

I have already admitted the facts. 

MR. ROBERTS: Exactly. 

(Laughter.) 

JUDGE SULLIVAN: Now. 

MR. ROBERTS: So discovery 

JUDGE SULLIVAN: Well, in the future --

MR. ROBERTS: doesn't seem to be part of 

the process. 

JUDGE SULLIVAN: well, in the future, 

when the Court directs you to confer with opposing 

counsel or the opposing representative, you should be 

doing that and, as counsel, you should know that. And 

then if there are no discovery issues that you think 

are of merit, you should be reporting that jointly to 

the 

MR. ROBERTS: I'm sorry. I omitted that. I 

apologize. 

JUDGE SULLIVAN: Okay. Thank you. It may 

be that you know something that I don't and you want 

to keep me apprised as opposed to simply ignoring the 

Court's directive. That's never a promising start. 

MR. ROBERTS: Okay. 

JUDGE SULLIVAN: Okay. Let's talk, then, 

Heritage Reporting Corporation 

(202) 628-4888 

5 
• 

• 

• 

1 about the schedule that's been proposed by the FAA. 

2 There's been a very abbreviated discovery schedule as 

3 filed by the Complainant's proposed procedural 

4 schedule. Mr. Ellis, you didn't indicate in here any 

5 particular motion, or dispositive motion, or any 

6 particular time for trial. Have you and Mr. Roberts 

7 discussed that? 

8 MR. ELLIS: No. 

9 JUDGE SULLIVAN: Okay. Is there any 

10 particular reason why you have not discussed it? 

11 MR. ELLIS: I'd have to say no other than 

12 the fact that I do echo what Mr. Roberts has said. We 

13 have been discussing settlement of the case, and 

14 there's not much to discuss in terms of discovery. 

15 But any date that for which a hearing is set is 

16 something I don't think it would be any trouble to 

17 figure out. 

18 MR. ROBERTS: Your Honor, I'm always happy 

19 to talk, but I think I'm just as happy to submit our 

2 0 case in a brief. 

21 JUDGE SULLIVAN: Okay. 

22 MR. ROBERTS: And without having submitted 

23 everybody to a hearing. 

24 

25 well. 

MR. ELLIS: That's fine with the agency as 

Heritage Reporting Corporation 

(202) 628-4888 

6 
• 

• 

• 

1 JUDGE SULLIVAN: And that's something that 

2 the two of you should discuss privately as part of 

3 your C.R. 26(f) planning meeting. This may be new to 

4 the both of you, but essentially, when you look at 

5 C.R. 26(f) --

6 MR. ELLIS: When you say C.R. 26(f), do you 

7 mean the Federal Rules of Civil Procedure? 

8 JUDGE SULLIVAN: I do. I do. And do you 

9 both have that out in front of you? 

10 MR. ELLIS: No, Your Honor. 

11 MR. ROBERTS: No. 

12 MR. ELLIS: You're the only Judge who's ever 

13 cited that to me. 

14 JUDGE SULLIVAN: Really? 

15 MR. ELLIS: Yes. 

16 JUDGE SULLIVAN: Then welcome to my world of 

17 litigation. I generally utilize the Civil Rules very, 

18 very frequently on a daily basis. And I think that 

19 they are a natural supplement to the C.F.R.s that 

20 basically give raw guidance to the parties about how 

21 to navigate through the shoals of rocky waters in 

22 litigation. But they also provide a great deal of 

23 

24 

25 

helpful and comforting guidance to us all which is why 

I cited them liberally in the order that you both 

received regarding the C.R. 16 conference which we're 

Heritage Reporting Corporation 

(202) 628-4888 

7 
• 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 

• 

having today and the C.R. 26(F) conference which I had 

hoped that you would have no later than last week. 

MR. ELLIS: I see. 

JUDGE SULLIVAN: You'll also see, counsel, 

my citing various Civil Rules in the future, so if you 

don't have a rulebook, I would highly recommend that 

you get one. 

MR. ELLIS: Very good. The last one I had 

was a long time ago. Here we are. 

JUDGE SULLIVAN: Well, if you look at C.R. 

26 --

MR. ELLIS: Yes. I have it in front of me. 

JUDGE SULLIVAN: it talks about all the 

different things that you'd be discussing with 

opposing counsel or opposing representatives --

regarding the management and processing of the case. 

That could include, although it is not limited to, 

trying a case on the record. And I'm perfectly happy 

to adopt that type of request if both parties had 

talked about it and feel comfortable with it. I'm 

less likely to do it if one party is uncomfortable. 

Obviously, this is a little different than, say, 

making a motion for summary judgment where the 

presumption goes to the nonmoving party. 

MR. ELLIS: Right. 

Heritage Reporting Corporation 

(202) 628-4888 

8 
• 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 

• 

JUDGE SULLIVAN: Although you could 

certainly make motions for summary judgment as well. 

It just depends on your comfort level, and of course 

the time you have to take on this particular case. 

That leads me back to you, Mr. Roberts. I know that 

you don't practice law as a general basis because 

you're running a company. What's your comfort level 

in terms of utilizing written documents instead of 

having a live hearing? 

MR. ROBERTS: I'm perfectly comfortable at 

doing that. I'm a writer. I've published books, and 

I feel capable of saying what I want to say in writing 

better than -- more than I am in doing so orally. So 

that's perfectly acceptable to me. 

I also think it would save everybody time 

and trouble. And really, given the nature of this 

case in which the only matter being contested is 

essentially a legal issue, I think it's appropriate. 

JUDGE SULLIVAN: Well, when you say you 

think it's a legal issue, what are you talking about 

because we're really talking about a combination of 

fact and law in my opinion. 

MR. ROBERTS: Well, it's true. We are. But 

when I say it's a legal issue, I'm saying that the 

question that I am raising is the suitability of the 

Heritage Reporting Corporation 

(202) 628-4888 

9 
• 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 

• 

10 

$10,000 penalty and the lack of any -- it's 

essentially, I'm essentially claiming it's arbitrary, 

number one. 

Number two, I'm saying that the amount is 

based on a procedure that was used as kind of 

accumulative charges all about the same action, like 

in a Plaintiff's brief in a contract or a tort case 

where you come at the same set of facts from 10 

different legal theories except in a contractor tort 

case of course the award is just an award based on one 

amount. 

You don't cumulate that same amount for the 

seven different theories that you imagined up to put 

in the brief and come up with seven times the amount 

asked which is really what's happening here, and 

that's what I'm contesting. In addition to that of 

course I'm going to argue and here the facts do enter 

in but I don't think there's a dispute between us. 

I'll tell you what the company's sales are, its size, 

its profitability, and so on. I think I've already 

submitted information about that, and I'm not going to 

go beyond that. 

JUDGE SULLIVAN: According to the notice of 

complaint that I have before me that Mr. Ellis signed 

on June 3, 2011, it asserts in paragraph 19 which is 

Heritage Reporting Corporation 

(202) 628-4888 
• 

• 

• 

11 

1 essentially on page 6 of the notice of complaint, 

2 which is the last page of the notice of complaint, 

3 that the Respondent is subject to a civil penalty not 

4 lower than $250 nor greater than $50,000. Assuming 

5 that's true for the sake of this discussion, it means 

6 that we're looking at a penalty scope that could be 

7 below 10,000 or it could be above or higher than 

8 $10,000 depending on what the facts are. 

9 MR. ROBERTS: Yes. 

10 JUDGE SULLIVAN: Okay. So there's also the 

11 burden of proof which is the civil burden of by a 

12 preponderance. So essentially the FAA would have to 

13 make a prima facie showing by a preponderance of the 

14 evidence that $10,000 as they requested is an 

15 appropriate amount. And then you in response to that 

16 prima facie case, assuming that it's made, would need 

17 to show differently. I don't know what all the things 

18 have went on within the administrative process. 

19 All I know is what I have here at the Office 

20 of Hearings, which is the notice of complaint, the 

21 Respondent's request for hearing, and then the 

22 Complainant's motion to deem allegations admitted, as 

23 well as some of the other documents that were filed 

24 subsequent to that. As a result, whatever you have 

25 filed during the administrative process would have to 

Heritage Reporting Corporation 

(202) 628-4888 
• 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 

• 

12 

be refiled and reargued with me, and I want to make 

sure that you understand that. 

MR. ROBERTS: Yes, I do. 

JUDGE SULLIVAN: Okay. In addition, I'm 

required, unless the parties stipulate otherwise, to 

hold you to an evidentiary admissibility standard. So 

that if you have material that you want to present, it 

must meet the minimum requirements of admissible 

evidence. Unless, as I mentioned before, the parties 

agree that such evidence can come in as competent and 

/ reliable without, you know, an affidavit, a 

declaration, without showing the other things that you 

might need to show. So do you also understand that? 

MR. ROBERTS: No, actually I did not realize 

that the whole factual side of the case had to be 

resubmitted to you as you're describing it, and --

JUDGE SULLIVAN: Well, the facts themselves 

have been admitted in terms of --

MR. ROBERTS: No, well, in terms of the 

evidence I wish to present about the size of the 

company and stuff like that. 

JUDGE SULLIVAN: Yes. 

MR. ROBERTS: So I see that that could have 

been discussed between us before we had this 

discussion here pursuant to your order. I did not 

Heritage Reporting Corporation 

(202) 628-4888 
• 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 

• 

13 

realize that. 

JUDGE SULLIVAN: That particular type of 

information remains discussable at a later date 

ideally under a C.R. 26(f) conference. The two of you 

are talking about the range and scope of the case that 

would be before me, which is essentially a trial on 

the penalty. And talking about how much time it would 

take, who your witnesses might be, what kind of 

documentation you'd want to exchange, whether or not 

you're going to be filing a request for admission or 

filing a request to answer interrogatories, whether or 

not you're going to depose anyone. 

Those kinds of things would be part of that 

C.R. 26(f) discussion in addition to talking about the 

range of time you would need to take to do those kinds 

of things. Whether or not there's going to be 

dispositive motions that might be filed down the road, 

and whether or not you're going to need one day, two 

days, five days, et cetera for an actual trial if you 

get there. So you really don't need to get into too 

many of the evidentiary specifics during a 26(F) 

conference. You're doing just more of an umbrella 

look at the case itself. 

MR. ROBERTS: Right. Okay. Well. 

JUDGE SULLIVAN: Let's talk about this in 

Heritage Reporting Corporation 

(202) 628-4888 
• 

• 

• 

14 

1 terms of the civil penalty. It's my understanding, 

2 and I may be incorrect about this, that the two of you 

3 have exchanged all the information that you want to 

4 know about each other's cases already in terms of the 

5 money issue. Mr. Ellis, I'll start with you first. 

6 You have everything that you want? 

7 MR. ELLIS: No, Your Honor. 

8 JUDGE SULLIVAN: Okay. Mr. Roberts, how 

9 about you? Are you happy and feel you have everything 

10 you absolutely need to have from Mr. Ellis regarding 

11 the money issue? 

12 MR. ROBERTS: Well, let me put it to you 

13 this way, everything that I should have is on the 

14 public record. I'm having some trouble finding it on 

15 the public record. And it would be very useful if Mr. 

16 Ellis could give me what he relied on, but it is on 

17 the public record and I should be able to find it for 

18 myself. 

19 JUDGE SULLIVAN: When you say on the public 

20 record, to what are you referring? 

21 MR. ROBERTS: I'm referring to a table or a 

22 chart that Mr. Ellis told me about --he's been very 

23 kind about that -- which apparently gave him some 

24 guidance when he reached his proposed penalty of 

25 $10,000. And I have spent the morning looking for 

Heritage Reporting Corporation 

(202) 628-4888 
• 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 

• 

15 

that without any success which is more of a tribute to 

my ignorance than anything else I suspect. 

JUDGE SULLIVAN: Okay, well, that would be 

something that would be discoverable. 

MR. ROBERTS: Yeah, okay. We'll talk about 

that in discovery. 

JUDGE SULLIVAN: Yes. It looks to me like 

the two of you need to have some discovery at least on 

the issue of the civil penalties. We have only a 

proposal by Mr. Ellis or a discovery schedule asking 

that any and all exchange of discovery requests be 

done by June 6th which would make that next Wednesday. 

But I'm not sure that that's enough time at this 

point. 

MR. ROBERTS: It is for me. I don't have a 

problem with it. 

JUDGE SULLIVAN: Okay. 

MR. ROBERTS: Even in light of our 

discussion here. 

JUDGE SULLIVAN: Yes. I appreciate that 

vote of confidence from you, Mr. Roberts. But my 

experience is that once people start exchanging 

discovery requests, they find out that they have 

something that they forgot or that they'd like to have 

that they hadn't thought about before. So I think I 

Heritage Reporting Corporation 

(202) 628-4888 
• 

• 

• 

16 

1 may move that just a little bit to give the parties a 

2 bit of breathing room because at this point June 6th 

3 is less than a week away. 

4 MR. ROBERTS: Right. 

5 JUDGE SULLIVAN: Which wouldn't give you 

6 even enough time to get the order that I'm going to 

7 issue today giving you the deadline. 

8 MR. ROBERTS: All right. Let me just 

9 mention that the week of June 11th, I am on jury duty 

10 in the Eastern District Court, so I will not be able 

11 to do any work that week. 

12 JUDGE SULLIVAN: Okay, and when you say the 

13 week of June 11, 2012, are you talking about the dates 

14 of June 11, 2012 through June 15, 2012? 

15 MR. ROBERTS: Yes, I am. 

16 JUDGE SULLIVAN: Okay. Is this your first 

17 time on jury duty, sir? 

18 MR. ROBERTS: On the federal level it is, 

19 yes. 

20 JUDGE SULLIVAN: Oh, well, we'll look 

21 forward to your wonderful participation. 

22 

23 

24 

25 

MR. ROBERTS: I'm hoping they'll choose me. 

JUDGE SULLIVAN: Is there a likelihood that 

you might have extended jury service, for example, if 

you're called to sit on a grand jury? 

Heritage Reporting Corporation 

(202) 628-4888 
• 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 

• 

17 

MR. ROBERTS: The notice did not mention 

that it was a grand jury. I don't know if that's 

customary or not. 

JUDGE SULLIVAN: Okay. I don't know what 

the federal district court does in your particular 

area, so I would not be able to speculate about that. 

MR. ROBERTS: Okay. 

JUDGE SULLIVAN: We'll just plan on you 

being absent from June 11, 2012, through June 15, 

2012. Sir, do you have any other blackout dates 

within the next two months that you want to apprise me 

of? 

MR. ROBERTS: Not until August. I disappear 

in the month of August. 

JUDGE SULLIVAN: For how long in the month 

of August? 

MR. ROBERTS: Until September the 1st. I 

first go to an American Bar Association meeting in 

Chicago and then for a vacation with my wife to San 

Francisco. 

JUDGE SULLIVAN: So you're saying you are 

not available during the entire month of August? 

MR. ROBERTS: Basically that's right. I 

mean, I could do things by email, but otherwise I'm 

not available. 

Heritage Reporting Corporation 

(202) 628-4888 
• 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 

• 

18 

JUDGE SULLIVAN: Mr. Ellis, let me turn to 

you. Do you have any types of blackout dates within 

the next three months that you want us to be aware of? 

MR. ELLIS: Nothing that would interfere 

with discovery. 

JUDGE SULLIVAN: Okay. Well, typically I do 

the following: I do an order that talks about initial 

discovery exchange, general discovery exchange, 

supplemental discovery exchange. I usually set up 

deadlines for dispositive motions with an oral 

argument and then a witness exchange list. It sounds 

to me like there's already been initial discovery 

exchanged to the point where the parties, in essence, 

agree to have the violation itself admitted as 

unopposed which is what happened earlier this year. 

So we're talking more about a general 

discovery exchange and that essentially would be, you 

know, the two of you requesting from each other any 

and all other documentation that you would need. It 

would also include noting people up for deposition if 

you want to depose someone, propounding 

interrogatories, requesting the disclosure of experts 

for potential testimony either in writing or in 

person, those kinds of things. 

So if we have Mr. Roberts gone from June 11 

Heritage Reporting Corporation 

(202) 628-4888 
• 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 

• 

19 

through June 15, it sounds like the two of you are 

pretty comfortable with the fact that you don't have a 

lot of discovery requests out there. Let's take a 

look at our latter June 2012. If I ·ask you to 

exchange all of your general discovery requests by 

June 22nd, 2012, would that be okay with you, Mr. 

Ellis? 

MR. ELLIS: Yes, Your Honor. 

JUDGE SULLIVAN: And Mr. Roberts, would that 

give you enough time given your jury service? 

MR. ROBERTS: Yes, I do think so. 

JUDGE SULLIVAN: Okay. Then in terms of the 

responses to the general discovery, typically under 

both the civil rules and the federal regulation, 

there's a default of 30 days for the response to any 

and all general discovery requests. Would that be 

acceptable to you, Mr. Ellis? 

MR. ELLIS: Yes, Your Honor. 

JUDGE SULLIVAN: Okay, and how about you, 

Mr. Roberts? 

MR. ROBERTS: Yes. 

JUDGE SULLIVAN: Okay. Mr. Roberts, you're 

looking at a very short period of time because of your 

August vacation, so when you say you're available by 

email, does that mean that you're also available to 

Heritage Reporting Corporation 

(202) 628-4888 
• 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 

• 

20 

hunt down records? Do you have people assisting you 

when you're out of town or away from the office? 

MR. ROBERTS: Yes, I do. 

JUDGE SULLIVAN: If you need me to, I can 

always extend this to the first week of September if 

you think that would be helpful. If you think it's 

not necessary, I won't. 

MR. ROBERTS: That kind of depends on what 

Mr. Ellis and I work out that's acceptable because I 

don't think I'm going to want to present to you any 

information that is different that material that I've 

already submitted to him. So if he's comfortable with 

the authenticity of that material and the way that I 

can authenticate it fairly easily, there's not going 

to be any problem at all. 

JUDGE SULLIVAN: Okay. Why don't I do this: 

I'm going to err on the side of caution and I'll just 

put September 7th as the deadline for responses to 

general discovery requests. And what that means is 

that that gives the two of you essentially about five 

and-a-half to six weeks to be talking back and forth 

and exchanging any and all other discovery. 

MR. ROBERTS: All right. 

JUDGE SULLIVAN: It doesn't sound to me like 

either of you have any intention at this point to note 

Heritage Reporting Corporation 

(202) 628-4888 
• 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 

• 

21 

depositions or propound interrogatories. 

MR. ELLIS: Interrogatories perhaps. 

JUDGE SULLIVAN: Perhaps, okay. 

MR. ELLIS: Request for admission, perhaps. 

JUDGE SULLIVAN: Okay. Would that five-week 

period of time, Mr. Ellis, be sufficient for you to do 

that? 

MR. ELLIS: Yes. 

JUDGE SULLIVAN: And Mr. Roberts, would that 

five-week period be sufficient for you to answer 

and/or to propound your own requests? 

MR. ROBERTS: I should think so, yes. 

JUDGE SULLIVAN: If you need more time, then 

now's the time to say that because before we close 

today, I'm going to be setting dates, including trial 

dates. 

MR. ROBERTS: I just don't anticipate 

needing more time. 

JUDGE SULLIVAN: Okay. That's fine. I 

generally also set up a deadline for supplemental 

discovery in the event that something comes up during 

this five-week time that necessitates some additional 

discussion. Mr. Ellis, would you like to have that 

option? 

MR. ELLIS: What would the option be, after 

Heritage Reporting Corporation 

(202) 628-4888 
• 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 

• 

22 

September 7th, a date for a supplementary discovery 

deadline, is that what you're asking? 

JUDGE SULLIVAN: Right. What I usually do 

is I set up a date for supplemental discovery requests 

and then a date for finishing any and all exchange of 

supplemental discovery. So for example, and I'm just 

going to throw this out, 14 days after September 7th 

would be approximately September 21, and that would be 

a due date for exchanging all further supplemental 

discovery requests. And then two weeks after that, 

that would be the deadline for responding to such 

supplemental discovery. 

MR. ELLIS: The 21st of September? 

JUDGE SULLIVAN: I'm just throwing that out 

as a possibility, so does that sound reasonable to 

you? 

MR. ELLIS: Yes. 

JUDGE SULLIVAN: Okay. 

MR. ELLIS: Sounds good to me. 

JUDGE SULLIVAN: And Mr. Roberts, that's 

okay for you too? 

MR. ROBERTS: Yes, it is. 

JUDGE SULLIVAN: Okay, so September 21, 2012 

will be the due date or the last day for both parties 

to complete the exchange of your requests for 

Heritage Reporting Corporation 

(202) 628-4888 
• 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 

• 

23 

supplemental discovery. And then two weeks after that 

is October 5, and that will be the deadline for 

serving and responding to all supplemental discovery 

requests. And just so that you know, I'll be sending 

out an order with all these deadlines by tomorrow at 

the very latest so that you also have them in writing. 

At that point, then the case would be ready 

for any kind of dispositive motion, and we could 

utilize the dispositive motion calendar also for a 

request to have the trial on the record, and the two 

of you should be talking about that privately. 

MR. ROBERTS: Okay. 

JUDGE SULLIVAN: It may be that you might 

want to move for summary judgment or it may be that 

you simply move to have a trial on the record only, 

but I don't want to limit the two of you to that today 

because you have some time to talk about it privately 

before you decide. What I can do is I can set up the 

dates now so that whatever you decide you have a 

deadline for it. Okay. So October 5, 2012 is the 

deadline for the exchange of all responses to 

supplemental discovery requests. 

How about if we set October 26, 2012 as the 

deadline for dispositive motion filing. In essence, 

that would mean that on or before October 26, 2012, 

Heritage Reporting Corporation 

(202) 628-4888 
• 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 

• 

24 

anyone that is a party to this litigation may file a 

motion for dispositive relief. That could be a motion 

for default judgment. It could be a motion for 

summary judgment. It could be a motion for a ruling 

on the pleadings alone, just as an example. 

So that would be for the motion, and both of 

you could be filing those kinds of motions. It's 

helpful if you talk to each other first so that if one 

really feels strongly about it and the other doesn't, 

the one who feels strongly can be the pleader in that 

type of motion as opposed to both of you filing crossmotions. But it's up to the two of you. 

Then I'd look at an answer date and a reply 

date, so let me take a look at my calendar. That puts 

us close to Thanksgiving. Why don't we have the 

answer due date as November 9th, 2012, and then how 

about -- we could either have the reply done seven 

days later, 10 days later depending on how you folks 

like to take your Thanksgiving holiday. Mr. Ellis, do 

you usually take the week before Thanksgiving, the 

week after, or nothing at all during Thanksgiving? 

MR. ELLIS: The week of, usually. 

JUDGE SULLIVAN: Okay. And Mr. Roberts, how 

about you? What's your 

MR. ROBERTS: You know, that would be about 

Heritage Reporting Corporation 

(202) 628-4888 
• 

• 

• 

1 the same for me. 

2 JUDGE SULLIVAN: Okay. Well, how about if 

3 we have -- I can either set the reply date for 

4 November 30th or December 4th. Does anybody have a 

5 preference, starting with you, Mr. Ellis? 

6 MR. ELLIS: This is the reply to the 

7 dispositive motion? 

8 JUDGE SULLIVAN: This is the reply to the 

9 answer to the dispositive motion. 

10 MR. ELLIS: Yes. 

11 JUDGE SULLIVAN: You have the motion, the 

12 answer, and then the reply, if any . 

13 MR. ELLIS: Whatever date you choose is 

14 fine, Your Honor. 

15 JUDGE SULLIVAN: Okay. And Mr. Roberts, how 

16 about you? 

17 MR. ROBERTS: Yes, I agree. 

18 JUDGE SULLIVAN: Okay. Well, why don't we 

19 just say November 30, 2012, then, for the reply if 

20 any. Then let's talk about a telephone conference set 

21 

22 

23 

24 

25 

up for the motion. 

If for some reason neither of you file any 

motion at all, you talked to each other privately, you 

decided that you don't want to try the case on the 

record, for example, the telephone conference that I'm 

Heritage Reporting Corporation 

(202) 628-4888 

25 
• 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 

• 

going to set up will be automatically converted to a 

pretrial status conference. Right now we're going to 

set it up as a motion conference by telephone. 

MR. ROBERTS: Okay. 

JUDGE SULLIVAN: But if for any reason no 

motions are filed and no motions land on my desk, I'm 

setting it up so that I can automatically convert it 

to a pretrial status conference. And I've found that 

to be very helpful particularly when parties continue 

their settlement discussion, and then end up telling 

me that there's $200 difference and they're still 

working on it, you know, that kind of thing. 

MR. ELLIS: Yeah. 

JUDGE SULLIVAN: So looking at your December 

calendars, would you like to try -- that's the week of 

December 10, 2012. 

MR. ELLIS: As early in December as possible 

for me. 

JUDGE SULLIVAN: Okay, and who just said 

that? 

MR. ELLIS: That was Mr. Ellis. 

JUDGE SULLIVAN: Mr. Ellis. Mr. Roberts, 

how about you? 

MR. ROBERTS: I agree. 

JUDGE SULLIVAN: Well, if it's acceptable to 

Heritage Reporting Corporation 

(202) 628-4888 

26 
• 

• 

• 

27 

1 all of you, let's set this for December 11, 2012, and 

2 Mr. Ellis, do you prefer the morning or the afternoon? 

3 MR. ELLIS: Where is the hearing going to 

4 be? 

5 JUDGE SULLIVAN: Well, this is a telephone 

6 conference. 

7 MR. ELLIS: Oh, I thought you said this is 

8 for the trial. I'm sorry. 

9 JUDGE SULLIVAN: No. We're still talking 

10 about setting up a telephone conference for oral 

11 argument on the dispositive motions. 

12 MR. ELLIS: Mornings would be better. 

13 JUDGE SULLIVAN: Okay, and Mr. Roberts, how 

14 about you? 

15 MR. ROBERTS: I have a conference call set 

16 up for noon on that day, so I could do it in the 

17 afternoon or in the morning. 

18 MR. ELLIS: Oh, actually, December 11 is a 

19 Tuesday, correct? 

20 JUDGE SULLIVAN: Yes. 

21 MR. ROBERTS: Yes. 

22 MR. ELLIS: I have a regular morning on 

23 Tuesdays, so afternoons would be better. 

24 

25 Mr. Ellis? 

JUDGE SULLIVAN: Okay. Would 1:30 be okay, 

Heritage Reporting Corporation 

(202) 628-4888 
• 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 

• 

28 

MR. ELLIS: 1:39 is fine. 

JUDGE SULLIVAN: And Mr. Roberts? 

MR. ROBERTS: Yes. That seems good. 

JUDGE SULLIVAN: Okay. Let's try it at 

1:30, and please plan for a one-hour conference. We 

may not need to take that time, but if we have it, 

then we have it to use. So after December 11, 2012, 

let's talk about the exchange of witnesses, names of 

witnesses and exhibits if, in fact, you decide not to 

hear this on the record, have it heard on the record. 

Do you want me to set the exchange date for shortly 

thereafter, or do you want to wait until after the 

Christmas/Hanukkah holiday, Mr. Ellis? 

MR. ELLIS: Before the holiday. 

JUDGE SULLIVAN: Mr. Roberts, how about you? 

MR. ROBERTS: That's fine with me. Before 

is better, yes. 

JUDGE SULLIVAN: Okay. Then let's set the 

list of witness exchange for December 31, 2012. And 

let me ask the two of you this. Assuming that we 

actually hold an in-person trial, have you talked 

about the venue, where we would be? Mr. Ellis? 

MR. ELLIS: I believe we made that request 

when we filed the complaint. Let me take a look at 

the complaint and see if we did. 

Heritage Reporting Corporation 

(202) 628-4888 
• 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 

• 

29 

MR. ROBERTS: I think you wanted it in 

Washington, D.C. 

MR. ELLIS: Let me take a look. We asked 

for Louisville, Kentucky. 

JUDGE SULLIVAN: Okay. And Mr. Ellis, why 

would you want Louisville, Kentucky, just so that I 

know? 

MR. ELLIS: That was where our witness is, 

our inspector who collected the evidence in the case. 

JUDGE SULLIVAN: Okay. 

MR. ELLIS: And also UPS where the incident 

happened. 

JUDGE SULLIVAN: Okay. And Mr. Roberts, is 

that a preferred location for you as well? 

MR. ROBERTS: No. It's a terrible location. 

It's very difficult to get to. That inspector and the 

UPS, that's all been -- that is not going to be part 

of the information in this case, I shouldn't think, 

since you've already, you know, that's already been 

admitted and accepted as such. 

JUDGE SULLIVAN: Okay. 

MR. ROBERTS: I would prefer the New York 

area since that's where I'm located. 

JUDGE SULLIVAN: Okay. 

MR. ROBERTS: Or someplace easily reached 

Heritage Reporting Corporation 

(202) 628-4888 
• 

• 

• 

30 

1 from New York. 

2 JUDGE SULLIVAN: What I 1 m going to do then 

3 is I 1 m going to set October 26 1 2012 as the deadline 

4 for the parties 

5 (Electronic interference.) 

6 MR. ELLIS: You cut out on me. 

7 JUDGE SULLIVAN: I 1 m sorry 1 what? 

8 MR. ELLIS: You cut out on me for a minute. 

9 I couldn 1 t hear what you were saying. 

10 JUDGE SULLIVAN: October 26, 2012 is the 

11 deadline for the parties to either submit a joint 

12 agreement regarding the venue for a potential trial or 

13 to add that to your motions for dispositive relief. 

14 MR. ELLIS: Okay. Is this going to be in 

15 your order/ Judge? 

16 JUDGE SULLIVAN: Yes, it will. 

17 MR. ELLIS: Thank you. 

18 JUDGE SULLIVAN: Okay. And then let's talk 

19 about the actual hearing. Let's assume just for the 

20 sake of argument that we are going to have a trial in 

21 person on the issue of a civil penalty. Mr. Ellis, if 

22 that occurs, how much time do you think We 1 d need and 

23 how many witnesses do you think you would need to 

24 call? 

25 MR. ELLIS: Well 1 I've had this kind of 

Heritage Reporting Corporation 

(202) 628-4888 
• 

• 

• 

31 

1 hearing many, many times over the last 15 years, and 

2 it's never taken more than half a day. 

3 JUDGE SULLIVAN: Well, you must be just 

4 marvelous at your examination, and I'm so pleased to 

5 hear that. How many people do you think that you 

6 would be calling? 

7 MR. ELLIS: One at the most. Two if there 

8 are issues involving the penalty that need to be 

9 examined a little bit more. 

10 JUDGE SULLIVAN: Okay, well, right now the 

11 only issue is the penalty, so when you say a half-day, 

12 is that the time it takes for you to put on your prima 

13 facie case or the time that you've experienced the 

14 whole trial takes? 

15 MR. ELLIS: With sanction only hearings, the 

16 whole hearing. 

17 JUDGE SULLIVAN: Okay. Thank you. Mr. 

18 Roberts, I know that your experience in this area is 

19 limited, but how much time do you think it would take 

20 for you to either respond to the prima facie case 

21 and/or for the whole trial to take place? 

22 MR. ROBERTS: I cannot imagine my response 

23 taking more than an hour and-a-half under any 

24 circumstance. 

25 JUDGE SULLIVAN: Okay. So what I'll do is 

Heritage Reporting Corporation 

(202) 628-4888 
• 

• 

• 

32 

1 I'll plan for a one-day-only trial, and since we have 

2 a December 21 list of witnesses and exhibits being 

3 exchanged, let's take a look real briefly at our 

4 January 2013 calendar. Mr. Ellis, do you have any 

5 preference during the month of January 2013 for a one6 day hearing at a place yet to be determined? 

7 MR. ELLIS: I do not even have a January 

8 2013 calendar yet, Your Honor, but in general I would 

9 say mid-January would be better than early January. 

10 JUDGE SULLIVAN: Okay, and when you say mid11 January, are you talking about before the Martin 

12 Luther King holiday or after? 

13 MR. ELLIS: What day is that holiday? 

14 That's --

15 JUDGE SULLIVAN: Usually it's --

16 MR. ELLIS: -- the 16th, 15th? 

17 JUDGE. SULLIVAN: -- the 21st. 

18 MR. ELLIS: Last year it was the 16th. 

19 JUDGE SULLIVAN: Okay. 

20 MR. ELLIS: Usually, around that time when I 

21 was referring to mid-January, I was referring usually 

22 to that week, week of the 15th. 

23 

24 

25 

JUDGE SULLIVAN: Okay. Mr. Roberts, what 

about the week of January 13 through the 19th, 2013, 

any blackout dates during that time? 

Heritage Reporting Corporation 

(202) 628-4888 
• 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 

• 

MR. ROBERTS: No, I don't have any blackout 

dates. 

JUDGE SULLIVAN: Okay. Same with you, Mr. 

Roberts. Do you like having a trial on Tuesday, 

Wednesday, or Thursday. Any preference? 

MR. ROBERTS: I think Thursday. 

JUDGE SULLIVAN: And Mr. Ellis? 

33 

MR. ELLIS: Not on Mondays. Not on Fridays. 

JUDGE SULLIVAN: So Thursday would be okay? 

MR. ELLIS: It would. 

JUDGE SULLIVAN: Okay. Let's plan on a oneday trial on January 17, 2013 at a place to be 

determined. As a result, for anyone who needs to 

travel and since none of us at this time know where 

the trial will be, I'm going to assume that's all of 

us, you'll have a travel day for January 16, 2013. 

MR. ELLIS: Your Honor, may I ask a 

question, please? 

JUDGE SULLIVAN: Certainly. 

MR. ELLIS: If next year's -- I don't know 

if anybody has a January 2013 calendar, but --

JUDGE SULLIVAN: I do. 

MR. ROBERTS: I do too. 

MR. ELLIS: Can somebody check to see when 

that holiday is because I'd rather not have to travel 

Heritage Reporting Corporation 

(202) 628-4888 
• 

• 

• 

1 on a federal holiday. 

2 JUDGE SULLIVAN: Can you check that right 

3 now with your computer? 

4 MR. ELLIS: Hold on. 

5 MR. ROBERTS: I'm just going to look for it 

6 right now. 

7 MR. ELLIS: Whoever finds it first, please 

8 chime in. 

9 JUDGE SULLIVAN: Well, I'm counting upon 

10 you, counsel, to do that. 

11 MR. ELLIS: I'm looking right now. 

12 JUDGE SULLIVAN: Okay. 

13 MR. ROBERTS: Monday, January 21st. 

14 JUDGE SULLIVAN: Mr. Roberts, you see that 

15 on what calendar? 

16 MR. ROBERTS: Google actually. 

17 JUDGE SULLIVAN: Okay. Mr. Ellis, is that 

18 satisfactory? 

19 MR. ELLIS: That that's the holiday? 

20 JUDGE SULLIVAN: Yes. 

21 MR. ELLIS: Yes. 

22 JUDGE SULLIVAN: This is bumping into the 

23 weekend. 

24 MR. ELLIS: That's Monday, January 21st. 

25 Okay. All right, so that would keep us out of that 

Heritage Reporting Corporation 

(202) 628-4888 

34 
• 

• 

• 

35 

1 situation. 

2 JUDGE SULLIVAN: Okay. So we'll plan on 

3 January 16, 2013 as a travel day as well as January 

4 18, 2013 as the return travel day in the event that 

5 the case actually goes to an in-person hearing. Now, 

6 just so that you folks know, you do not need to submit 

7 any discovery to me. That's simply an exchange 

8 between yourself, unless there is a problem. If 

9 there's a problem, then motions for discovery should 

10 be filed within 10 calendar days after service of a 

11 deficit response or a problematic request. 

12 I'm going to put this in the order too . 

13 That will keep you on track, hopefully, if there are 

14 any kinds of problems. I don't anticipate that there 

15 would be, but one never knows. In addition, before 

16 you even file the motion, you should be conducting a 

17 C.R. 37 conference. That basically is calling each 

18 other up saying something like, hey, Mr. Ellis. Hey, 

19 Mr. Roberts. I got this document and I have a problem 

20 with it. Can we resolve it informally. If you can't 

21 resolve it informally, then you note that conference 

22 in the motion for relief that you file with me. 

23 In addition, you should be contacting my 

24 legal secretary, Diane Mayes, and telling her that you 

25 have contacted the other side. You haven't been able 

Heritage Reporting Corporation 

(202) 628-4888 
• 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 

• 

36 

to reach resolution of a discovery problem, and here 

are three dates that the two of you have talked about 

and agree are available for a motion conference. 

I will set that up on my calendar faster 

than Jack Robinson, and get you before me so that I 

can address that motion and its answer as fast as 

possible, so that I keep you on this schedule and you 

don't suffer a lot of delays. That information will 

also be in the litigation order. Lastly, the 

litigation order -- I'll note how to set up documents, 

exhibits, and you should be planning on using that 

system for a trial on written documents as well. 

It's the same process where you mark your 

exhibits C-1, C-2, C-3 if you're the FAA Complainant. 

If you're Mr. Roberts, the Respondent, you mark it as 

R-1, R-2, R-3, and so forth. I do have a final 

question for you, and I'll address this with Mr. 

Roberts first. The original notice of complaint 

identifies the Respondent solely as Covermark U.S.A. 

I have gotten the Complainant's proposed 

procedural schedule, however, that identifies the 

Respondent now as Nuvell Laboratories, LLC doing 

business as Covermark U.S.A. I have no agreement from 

the parties that the caption for the Respondent should 

have been changed, and I have no motion from the FAA 

Heritage Reporting Corporation 

(202) 628-4888 
• 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 

• 

37 

say1ng that there needs to be a change of the title of 

the Respondent. 

So it may be something that the two of you 

might want to address. Until I get either an 

agreement or a motion, I'm bound to utilize the 

Respondent's name that's in the notice of complaint. 

Mr. Ellis, starting with you, based on all of the 

litigation dates, and procedures, and discussions we 

have had so far, is there anything you would like to 

add or ask questions about? 

MR. ELLIS: No, Your Honor. 

JUDGE SULLIVAN: Okay. Anything else that 

the Court can do for you and your client today? 

MR. ELLIS: No, Your Honor. 

JUDGE SULLIVAN: Mr. Roberts, turning next 

to you, any questions, comments, concerns, or request 

on behalf of your client? 

MR. ROBERTS: No. I will get together with 

Mr. Ellis. We will have that C.R. 26 conference, and 

we will waive the change in caption problem. 

Actually, Covermark U.S.A. is just a doing-business-as 

name for Nuvell Laboratories. 

JUDGE SULLIVAN: Okay. I'd be happy to 

accept that waiver today if that's what you want to 

do. 

Heritage Reporting Corporation 

(202) 628-4888 
• 

• 

• 

38 

1 MR. ROBERTS: Oh, yeah. Yeah. I don't want 

2 to create a silly hassle that can be resolved with a 

3 lot of nuisance. 

4 JUDGE SULLIVAN: Okay. Mr. Ellis, is that 

5 acceptable to you? 

6 MR. ELLIS: Yes. 

7 JUDGE SULLIVAN: Okay. I'll also include 

8 that in the order that I issue that will be sent out 

9 no later than tomorrow. 

10 MR. ROBERTS: Okay. 

11 JUDGE SULLIVAN: Then with that, it appears 

12 our business is complete. I'm going to thank you both 

13 very much for your presence here today. Good luck in 

14 your private negotiation. With that, we can go off 

15 the record, and I wish you all a good day. 

16 MR. ELLIS: Thank you, Judge. Nice talking 

17 to you for the first time. 

18 JUDGE SULLIVAN: Yes. Thank you. Bye-bye. 

19 MR. ROBERTS: Where are you located, Judge, 

20 in Washington? 

21 JUDGE SULLIVAN: Washington, D.C. 

22 MR. ROBERTS: Okay. Well, it was good 

23 talking to you. 

24 

25 II 

JUDGE SULLIVAN: Yes, thank you. Bye-bye. 

Heritage Reporting Corporation 

(202) 628-4888 
• 

39 

1 (Whereupon, at 2:20p.m., the hearing in the 

2 above-entitled matter was concluded.) 

3 II 

4 II 

5 II 

6 II 

7 II 

8 II 

9 II 

10 II 

11 II 

12 II 

• 13 II 

. 14 II 

15 II 

16 II 

17 II 

18 II 

19 II 

20 II 

21 II 

22 II 

23 II 

24 II 

25 II 

• Heritage Reporting Corporation 

( 202) 628-4888 
• 

•• 

• 

REPORTER'S CERTIFICATE 

DOCKET NO. : r AA ~ 2..<!:::>\\ ~<::> 4~~ 

CASE TITLE: CctJ~~A-~ K, 0<sA 

HEARING DATE: 1:'\\o...-o "?:,\, 2-o ~;<..,) 

I hereby certify that the proceedings and 

evidence are contained fully and accurately on the 

tapes and notes reported by me at the hearing in the 

Official Reporter 

Heritage Reporting Corporation 

Suite 600 

1220 L Street, N.W. 

Washington, D.C. 20005-4018 

Heritage Reporting Corporation 

(202) 628-4888