UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

IN THE MATTER OF: 

GLOBAL AIRCRAFT 

INTERIORS INC. , 

FDMS No. 

FAA-2014-0324 

Respondent 

Monday, 

October 6, 2014 

The teleconference 

pursuant to notice, at 1:30 p.m. 

BEFORE: 

THE HONORABLE J.E. SULLIVAN, 

Administrative Law Judge 

ORIGINAL 

NEAL R. GROSS 

convened, 

1 

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APPEARANCES: 

On Behalf of the Complainant: 

ZACHARY M. BERMAN, ESQ. 

of: Federal Aviation Administration 

Office of Regional Counsel 

1 Aviation Plaza 

Jamaica, NY 11434 

(718) 553-3258 

(718) 995-5699 fax 

On Behalf of the Respondent: 

SANDE E. LICHTENSTEIN, ESQ. 

of: Lichtenstein & Schindel 

158 West Boston Post Road 

P.O. Box 787 

Mamaroneck, NY 10543 

(914) 698-3313 

Also Present: 

CODY SMITH, Office of Hearings 

NEAL R. GROSS 

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

2 1:38 P.M. 

3 JUDGE SULLIVAN: We're on the 

4 record in the matter of Global Aircraft 

5 Interiors Inc. This is Docket No. FAA-2014-

6 0324. Today is Monday, October 6, 2014 and 

7 the parties have convened for a Rule 16 

8 litigation scheduling conference. 

9 The FAA is represented by its 

10 attorney of record, Mr. Zachary M. Berman. 

11 The Respondent, Global Aircraft Interiors, 

12 Inc., is represented by its attorney, Mr. 

13 Sande E. Lichtenstein. 

14 Good afternoon to both of you. 

15 MR. LICHTENSTEIN: Good afternoon, 

16 Judge. 

17 MR. BERMAN: Good afternoon. 

18 JUDGE SULLIVAN: Just so that we 

19 have a good record, as I understand it, when 

20 reviewing the record on September 23, 2014, 

21 Mr. Berman filed a scheduling discovery plan. 

22 This plan was not a joint plan. It was done 

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1 by the FAA alone. And the FAA asserted 

2 essentially that Respondent's counsel had not 

3 responded to the request to participate in a 

4 Rule 26 conference. 

5 In addition, on September 29, 

6 2014, Mr. Berman requested a postponement of 

7 the litigation scheduling conference that had 

8 been scheduled for September 30, 2013 on the 

9 grounds of a conflict in his education 

10 schedule. On that same day, September 29, 

11 2014, an order granting continuance of the 

12 Rule 16 litigation scheduling conference was 

13 filed, setting the matter to today' s date and 

14 time. 

15 My first question then probably 

16 would be to you, Mr. Lichtenstein. There was 

17 a court directive that you participated in a 

18 Rule 26(f) conference with Agency counsel. 

19 That does not appear to have occurred. Is 

20 there some reason why you did not comply with 

21 the court order? 

22 MR. LICHTENSTEIN: Truthfully, I'm 

NEAL R. GROSS 

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1 not really fully familiar with all of these 

2 rules and that sort, so that's probably-- I 

3 thought the main thing was that we were going 

4 to have this telephone conversation or 

5 conference to try to schedule, work out the 

6 schedule. And my only problem with the 

7 scheduling that I will be away from October 

8 22nd to November 4th. 

9 JUDGE SULLIVAN: Well, I think 

10 there is a bigger problem than that, which is 

11 that you didn't comply with the court 

12 directive. 

13 MR. LICHTENSTEIN: I apologize for 

14 that. 

15 JUDGE SULLIVAN: Yes. One of the 

16 reasons the court directs the parties to get 

17 together ahead of time is so that you can talk 

18 about all of these things with each other, 

19 review your calendar availability, and then 

20 present something jointly to the court for 

21 review prior to coming into a conference like 

22 this and setting deadlines. So since you're 

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1 not familiar with the rules and with this 

2 court's procedure, I think what I might want 

3 you to do is to try it out. 

4 And so what I'm going to do at 

5 this time is I will note that I have received 

6 from the FAA a unilateral proposal that 

7 appears not to have been discussed jointly 

s with the Respondent and that the Respondent 

9 apparently needs some time to have a chance to 

10 talk to Mr. Berman, the FAA attorney, to talk 

11 about all of this together. 

12 And so our first task is to take a 

13 look at our calendars and reschedule this 

14 conference and set a deadline for the two of 

15 you to talk to each other. 

16 Mr. Berman, starting with you and 

17 your calendar, I'd like to know about when you 

18 think you can get a chance to talk to Mr. 

19 Lichtenstein privately about all things that 

20 are involved in a Rule 26(f) conference and 

21 then together present a new 26(f) planning 

22 schedule to the court. 

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1 So taking that all in mind, when 

2 do you think we could reschedule this one-hour 

3 conference? 

4 MR. BERMAN: I'll be taking a few 

5 days off over the next couple of weeks, so I 

6 think by the last of October. 

7 JUDGE SULLIVAN: Okay. 

8 MR. LICHTENSTEIN: As I indicated 

9 earlier, I am leaving October 22nd. 

10 MR. BERMAN: Oh, yes. I forgot 

11 about that. 

12 MR. LICHTENSTEIN: And will not be 

13 returning until November 4th. 

14 JUDGE SULLIVAN: And I'm going to 

15 stop you, Mr. Lichtenstein. I will give you 

16 a chance to talk during this conference, but 

17 for our record it would be most helpful if you 

18 could remain quiet until I've asked for your 

19 

20 MR. LICHTENSTEIN: I'm sorry. 

21 JUDGE SULLIVAN: Thank you. So 

22 Mr. Berman, Mr. Lichtenstein's basically 

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1 jumped in and talked about some of his 

2 conflicts. In looking at your schedule, do 

3 you have something available after November 

4 4th? 

5 MR. BERMAN: Yes. Let me just --

6 JUDGE SULLIVAN: And just so you 

7 know, I have a trial the week of November 4th. 

8 And I am looking at -- it looks like the first 

9 week I have open is either the 21st of 

10 November, the 24th or the 25th or I could do 

11 it next -- no, not next week. I could do it 

12 either October 22nd or starting in November 

13 21st, 24th, or 25th. You tell me what works 

14 for you. 

15 MR. BERMAN: I think Mr. 

16 Lichtenstein said that he would not be 

17 available October 22nd. I'm available on 

18 November 24th and November 25th. I'm not sure 

19 when is Thanksgiving, on the 27th or on the 

20 20th? 

21 JUDGE SULLIVAN: Thanksgiving is 

22 on November 27, 2014. 

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1 MR. BERMAN: I would be available 

2 on the 21st, the 24th or the 25th. 

3 JUDGE SULLIVAN: Mr. Lichtenstein, 

4 turning to you, any problems with any of those 

5 dates? 

6 MR. LICHTENSTEIN: No. 

7 JUDGE SULLIVAN: Okay. Then let's 

s set this for Monday, the 24th of November and 

9 let's plan on -- let's say 10:30, if that's 

10 acceptable to you, Mr. Berman? 

11 MR. BERMAN: Yes. 

12 JUDGE SULLIVAN: And Mr. 

13 Lichtenstein? 

14 MR. LICHTENSTEIN: Yes. 

15 JUDGE SULLIVAN: Okay. That means 

16 that I want to have your Rule 26(f) materials 

17 by November 17, 2014. It would be very 

18 helpful. 

19 And just so that you know, Mr. 

20 Lichtenstein, previous orders that I've issued 

21 setting litigation dates and procedures are 

22 all on the website. You can look them up on 

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1 West law, for example. You can also look them 

2 up on the Federal Docket Management System. 

3 Essentially. I usually set deadlines for 

4 initial disclosures to which I will direct the 

5 parties to exchange before November 24, 2014 

6 at this point. You have plenty of time to do 

7 that. 

8 I'll set a general discovery date. 

9 I'll set dates for the exchange of expert 

10 witness disclosures and expert rebuttal 

11 reports. I'll set a deadline for completing 

12 document discovery, for filing dispositive 

13 motions, for exchanging a list of witnesses 

14 and exhibits, and I'll also set deadlines for 

15 -- set hearing dates. So you'll be wanting to 

16 think about those things as well as venue and 

17 any other matters that might come up in this 

18 particular case that you know about that are 

19 important to you and your client. 

20 Mr. Berman has a lot of expertise 

21 in filing these things and talking about them. 

22 You're welcome to talk to him about any other 

NEAL R. GROSS 

(202) 234-4433 

COURT REPORTERS AND TRANSCRIBERS 

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1 matters that you would like to have included 

2 in a litigation schedule before this court. 

3 MR. LICHTENSTEIN: Thank you. 

4 JUDGE SULLIVAN: You're welcome. 

5 Mr. Berman, I know you've already submitted 

6 one document. I'm going to ask you to work 

7 with Mr. Lichtenstein in submitting a second 

8 so that he has a chance to address concerns on 

9 behalf of his client. You had indicated in 

10 your preliminary materials that you were 

11 looking at a two-day hearing. Do you think 

12 that that's still viable? 

13 MR. BERMAN: Yes, I think one day 

14 would probably be sufficient, but just as 

15 precaution in case things go longer than 

16 expected, I think having an extra day would be 

17 helpful. 

18 JUDGE SULLIVAN: I think that's 

19 always wise. I would also note in your first 

20 CR 26(f), you didn't schedule any time for a 

21 telephone oral argument on dispositive 

22 motions, which I think the parties should be 

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1 doing. And I would recommend highly that you 

2 set the oral argument on summary judgment 

3 about two months prior to your actual trial 

4 date for suggested trial date. The reason I 

5 say that is because there are times when the 

6 summary judgment is not granted in full, could 

7 be granted in part. And that can impact 

8 substantially the amount of work the parties 

9 need to do in putting together exhibits and 

10 witness lists for the actual trial. So if you 

11 want to save yourself some time, it's very 

12 helpful to get that summary judgment decision, 

13 which has to be in writing, before you start 

14 coordinating and compiling all of your 

15 exhibits and witnesses for the trial. 

16 With that, I'm going to ask you, 

17 Mr. Berman, first if you have any questions or 

18 matters you'd like to take up before we 

19 conclude today? 

20 MR. BERMAN: I have no questions. 

21 JUDGE SULLIVAN: Okay, Mr. 

22 Lichtenstein, on behalf of your client, any 

NEAL R. GROSS 

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1 matters that we need to address on behalf of 

2 your client? 

3 MR. LICHTENSTEIN: Not at this 

4 time. 

5 JUDGE SULLIVAN: Okay, then I will 

6 look forward to getting your materials on or 

7 before November 17, 2014 and I'lllook forward 

8 to talking with you both at our second CR 16 

9 conference on November 24, 2014 at 10:30 

10 Eastern Time. 

11 With that, I thank you both very 

12 much for your presence today. We can go off 

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

14 Thank you. 

15 MR. LICHTENSTEIN: Thank you. 

16 MR. BERMAN: Thank you. 

17 (Whereupon, the above-entitled 

18 matter went off the record at 1:51 p.m.) 

19 

20 

21 

22 

NEAL R. GROSS 

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COURT REPORTERS AND TRANSCRIBERS 

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C E R T I F I C A T E 

This is to certify that the foregoing transcript 

In the matter of: Global Aircraft Interiors 

Before: us DOT 

Date: 10-06-2014 

Place: Teleconference 

was duly recorded and accurately transcribed under 

my direction; further, that said transcript is a 

true and accurate record of the proceedings. 

Court Reporter 

NEAL R. GROSS 

(202) 2344433 

COURT REPORTERS AND TRANSCRIBERS 

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