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Di-PARTMENTOF 

UNITED STATES OF AMERICA ;riAN.^PORTATIOM 

DEPARTMENT OF TRANSPORTATION jiXK^^ 

OFFICE OF HEARINGS 

ZOn SEP -8 A R: 32 

IN THE MATTER OF: 

DIAMOND AIR CHARTER, INC 

FAA Docket No. 

CP10EA0004 

FDMS No. 

FAA-2010-0620 

Wednesday, 

August 10, 2011 

The above-entitled matter came on 

for hearing via teleconference, pursuant to 

notice, at 10:00 a.m. 

BEFORE: THE HONORABLE J.E. SULLIVAN, 

Administrative Law Judge 

RECEIVED 

AUG 3 0 2011 

HEARING DOCKET 

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: -rn 

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'CD 

(202) 234-4433 

NEAL R. GROSS 

COURT REPORTERS AND TRANSCRIBERS 

1323 RHODE ISLAND AVE., N.W. 

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

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APPEARANCES: 

On Behalf of the Respondent: 

GREGORY WINTON, ESQ. 

of; Aviation Law Experts, LLC 

One Research Court 

Suite 450 

Rockville, MD 20850 

(301) 294-8550 

On Behalf of the Complainant: 

ZACHARY BERMAN, ESQ. 

Attorney, Office of the Regional 

Counsel, AEA-7 

Eastern Region 

of : Federal Aviation Administration 

1 Aviation Plaza 

Room 561 

Jamaica, NY 11434 

(718) 553-3258 

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10:01 a.m. 

JUDGE SULLIVAN: We're on the 

record in Che matter of Diamond Air Charter 

Inc. This is FAA docket number CP10EA0004. 

Present is the court reporter. On 

behalf of the FAA is Mr. Berman. On behalf of 

the respondent is Mr. Winton, and we convened 

this morning for a litigation scheduling 

conference. 

Good morning. Counsel . I' m so 

delighted - -

MR. WINTON: Good morning. 

JUDGE SULLIVAN: - - to have you 

join me. This should be a fairly short 

conference. 

I just want to make sure that we 

can set up some litigation procedural due 

dates for everyone that, perhaps, on our 

calendar, an agreed week for the trial. 

And as I understand it, it's in 

New York? 

(202) 234-4433 

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MR. WINTON: Judge, if I may, this 

is Greg Winton. I could probably shortcircuit a whole bunch of this, if I may be 

heard? 

JUDGE SULLIVAN: Okay. Of course. 

MR. WINTON: I told Mr. Berman and 

he IS aware that Diamond Air Charter has 

voluntar-ily surrendered their air operating 

certificate to be a charter operator. 

They have also, under the laws of 

the state of New York, dissolved the 

corporation, and have no longer any assets, 

place of business, or employees. 

Now, my understanding is, there 

has not been an official winding down in 

accordance with the New York business 

corporations law, but that's because there's 

no assets, nobody's willing to do the work, 

and nobody's being paid. 

In fact, I'm not even sure if I'm 

being paid for this time today, but that' s 

beside the point. 

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1 So I asked Mr. Berman, knowing 

2 that they no longer have an FAA certificate 

3 and no longer have any assets, what it is that 

4 I can provide to him in the way of an 

5 affidavit to secure that knowledge, and that 

6 the FAA would then close them out of there 

with no further action. 

No sense in holding a hearing in 

this case. 

10 JUDGE SULLIVAN: And have you been 

11 able to get a response from Mr. Berman about 

12 that? 

13 MR. WINTON: I have not gotten a 

14 response. I've asked numerous times, and I'm 

15 waiting to hear from him. Maybe he can answer 

16 now for us. 

17 JUDGE SULLIVAN: Mr. Berman, do 

you have any response to that? 

19 MR. BERMAN: Yes. Yes, it's true 

2 0 that Diamond Air Charter voluntarily 

21 surrendered their certificate, but the one 

22 thing that -- the reason we're still 

NEAL R. GROSS 

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1 Continuing with the action to collect the 

2 civil penalty is that they still exist as a 

Corporation. 

4 We reviewed the records, the New 

5 York State incorporation records, and they 

6 still exist as a corporation, according to 

7 these records. 

Now, Mr. Winton says they're not 

9 doing any business. I'm not an expert on New 

10 York corporate law, so I don' t know what 

11 exactly the status, but according to their 

12 official records, I would say -- I think the 

13 burden should be put on the charter to prove 

14 that they don't exist as a corporation, if the 

15 records indicate otherwise. 

16 JUDGE SULLIVAN: Let me ask you a 

17 question, Counsel. In your experience, in 

18 your practice, what does a corporation 

19 normally need to do to show you that it will 

20 no longer be operating under its article? 

21 MR. BERMAN: Well, normally we 

22 would request a certificate of -- like we had 

i02) 234-4433 

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another case recently where they presented a 

certificate of dissolution as a corporation. 

JUDGE SULLIVAN: And is this a 

certificate that's filed in the local court, 

5 Or is it simply a certificate that you have 

6 been given that' s been signed by say, the 

7 president of the corporation? 

MR. BERMAN: It's -- it was -- in 

9 that case I was talking about, it was signed 

10 by the president of the corporation, but it 

11 also had some kind of stamp of approval by the 

12 state. 

13 JUDGE SULLIVAN: Okay. All right. 

14 Mr. Winton, does that give you some better 

15 definition of what's expected from your 

16 client? 

17 MR. WINTON: Yes, Your Honor. But 

18 the problem is that, my understanding, again, 

19 it's been a long time I practiced business 

20 corporation law in New York, is that you can 

21 do it certainly that way and have a winding 

22 down with the assets being dissolved, or if 

NEAL R. GROSS 

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1 the company, the corporation is insolvent and 

2 is inactive for a period of time, and it may 

3 bel2to2 4 months, then automatically, the 

4 business corporations unit of New York will 

5 come and close the company down, sending a 

6 notice to the agent. 

7 So the problem is, if nothing's 

8 done by the company, eventually it's going to 

9 get there and we're going to get that 

10 certificate. 

11 ButI'mtellin g you, there is 

12 nobody remaining in the business right now to 

13 do a certificate of dissolution. 

14 So what I' m saying is, I could 

15 probably get an affidavit saying that it 

16 doesn't do any business, it doesn't have any 

17 assets, it doesn't intend to do business, but 

18 that's the best that we're going to get from 

19 this company right now. Nobody's willing to 

20 put any more time, effort, or money into it. 

21 The alternative is, you continue 

22 to hold the hearing. I don't show up. The 

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1 client doesn' t show up. You get a default 

2 judgement. You spent all that time and money 

3 to travel to New York, and you can't collect 

4 SHOO civil penalty, which is all we' re 

5 fighting over, anyway. 

6 JUDGE SULLIVAN: Let me ask you 

7 this, Mr. Winton. At about what point did 

8 Diamond voluntarily surrender its certificate? 

9 MR. WINTON: Mr. Herman would have 

10 the better idea, because he was on top of 

11 that. 

12 Is it three months, Zach? 

13 MR. BERMAN: It was --

14 MR. WINTON: Maybe more than that. 

15 MR. BERMAN: -- I think in May. I 

16 have a letter here from Mr. Misiano to Mr. Mac 

17 Reid, the director of operations, dated May 

18 2 5th, acknowledging that on February 18th - -

19 February 18th, 2011, they deposited a 

20 certificate. 

21 MR. WINTON: Oh, February. Okay. 

22 MR. BERMAN: And 90 days lapsed, 

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and so as of May 2 5th, the charter was 

accepted as permanently surrendered. 

JUDGE SULLIVAN: Okay. 

MR. WINTON: But they haven't had 

it for six months. 

JUDGE SULLIVAN: And, Counsel, I'm 

going to ask you to direct your comments to 

me, if you would be so kind. I think it will 

be easier for our transcript. 

Let me ask you this, and this is 

being directed to Mr. Berman again. 

MR. BERMAN; Yes. 

JUDGE SULLIVAN: I know that there 

have been some settlements that have been 

filed with this office where there is 

essentially an agreement with keeping the file 

open, waiting for a period of time to end. I 

know it's not the most common thing that' s 

done here, but it has been done. 

What is your position, if any, or 

if you're willing to say, about entering into 

a settlement with having the case remain in 

NEAL R. GROSS 

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the docket, pending a time period expiring, 

for example? 

So I -- Mr. Winton that there may 

be an automatic de-cert ification from the 

state of New York at a certain point, but it 

hasn' t occurred yet. And it won' t occur 

within the next few months, but it will occur. 

Is that another possibility for 

the two of you to talk about privately? 

MR. BERMAN: Well, I would prefer 

to get some kind of affidavit that proves that 

they don't exist as a corporation. 

And Mr. Winton did offer me -- he 

did offer such an affidavit, but he said he 

wouldn't give it to me unless they were -- I 

can guarantee him that we would withdraw the 

case based on the affidavit. And I can't do 

that unless I see what the affidavit has to 

say. 

JUDGE SULLIVAN: Of course. Okay. 

Counsel, is it possible for the 

two of you to talk to each other privately. 

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1 exchange some documentation, and then report 

2 back for a second litigation conference, say 

3 in about two to three weeks? 

4 I'm not sure that I can 

5 orchestrate anything more than this at this 

6 point. 

7 MR. BERMAN: That's --

8 MR. WINTON: This is Mr. Winton. 

9 Yes, yes. What we - - Zach and I have known 

10 each other for over 20 years, and of course, 

11 we'11 continue to work together. 

12 I guess my concern is, because 

13 it's so difficult for me to even find the 

14 person left at the business that' s able to 

15 sign this affidavit, if I draft something, 

16 because I'm guessing that what the FAA is 

17 going to want to satisfy the case, and Mr. 

IS Berman comes back to me and says, that's not 

19 sufficient, then I'm going to have to start 

20 all over again and hunt somebody down again 

21 and change the language. 

22 If he tells me, these are the type 

(202) 234-4433 

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of things that we need in an affidavit, go 

ahead and get it from your client, then I know 

3 1 can do it once, hunt down the person to sign 

4 it, provide it to the FAA, and the file can be 

5 satisfied and we can move on. 

6 JUDGE SULLIVAN: Okay. Well that 

7 --Mr. Berman, would you be able to make those 

kinds of affirmations to Mr. Winton? 

9 MR. BERMAN: Again, I'm not really 

10 sure what - - I'm not -- I don't - - I'm not 

11 familiar with what the New York corporation 

12 law is to, you know, what makes a company non13 existent if the records indicate that -- and 

14 Mr. Winton does seem to have some familiarity 

15 with it. 

16 So perhaps Mr. Winton could, send 

17 me - - make some citations to the law or 

18 something to satisfy me that -- write a letter 

19 to me or something, with some authority --

2 0 JUDGE SULLIVAN: Mr. Berman, let 

21 me ask you this. In terms of your end goal, 

22 as I understand it, your end goal, and correct 

NEAL R. GROSS 

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me if I'm wrong, would be to make sure that 

Diamond doesn't restart business a day after 

the settlement occurs, if such occurs, or that 

4 it doesn't start to engage in business again. 

5 Would that be a fair statement? 

6 What are you seeking, ultimately, in terms of 

7 a settlement versus going to a trial? 

8 MR. BERMAN: Well, for one, for 

9 this issue of their not existing, then our 

10 goal of course would be to collect the civil 

11 penalty, have a fining of a violation. 

12 But if they --if we're satisfied 

13 that they don't exist and we can't collect any 

14 money from them, our goal would just simply be 

15 to have a finding of a violation, simply a 

16 historical record of this violation by Diamond 

17 Air Charter, without any payment of a civil 

18 penalty. 

19 JUDGE SULLIVAN: Okay. And in 

2 0 terms of looking at an affidavit or a 

21 certificate from the respondent, are you 

22 looking specifically to have an assertion 

(202) 234-4433 

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under declaration or under oath that the 

2 company has essentially gone out of business 

3 and will never come back into business? 

4 What exactly are you looking for, 

5 or do you know? 

6 And you may not know at this 

7 point. I'm just curious, if you could advise 

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9 MR. BERMAN: I don't know. I 

10 mean, if the New York State records say they 

11 exist as a corporation, I just don' t 

12 understand, you know, what's the -- I would --

13 you know, I assume that they exist as a 

14 corporation if they're still in the records as 

15 such. 

16 JUDGE SULLIVAN: Yes. Okay. So 

17 your concern is really basically taking them 

18 off the New York State records as being a 

19 viable corporation at this point. You want to 

20 make sure that that's been done? 

21 MR. BERMAN: Well, to satisfy me 

22 that they don't exist a corporation. 

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JUDGE SULLIVAN: Okay. 

Mr. Winton, let me turn to you. 

Is there anything that you can think of, in 

4 addition to what we've talked about, that 

5 might secure that kind of assurance to the FAA 

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7 MR. WINTON: Your Honor, my 

concern is exactly what Mr. Berman just said. 

9 He doesn't know himself what is going to 

10 satisfy him as an Agency Counsel and his 

11 supervisors to close the matter, so he's 

12 leaving it in my hands to come up with 

13 something that may or may not satisfy the FAA. 

14 And it's an impossibility for me 

15 to assume that what 1 put together on a piece 

16 of paper is going to pass muster. And the 

17 chance of me going back and getting something 

18 different is not only an onerous burden on me 

19 and my client that it doesn't exist, but it's 

20 just -- iC's not practical. 

21 So from what I'm hearing from him, 

22 it's the same thing he's been telling me all 

NEAL R. GROSS 

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1 along, Greg, I don't know what to tell you, 

2 what I need to close the file. 

3 So that's why we're at a 

4 standstill. I'd be more than happy to do what 

5 he wants me to do if he tells me what it is 

6 that he wants me to do. 

7 JUDGE SULLIVAN: Okay. Okay. 

8 MR. WINTON: But if he asks me to 

9 do research on New York BCL, I think it's a 

10 little bit much. 

11 JUDGE SULLIVAN: Okay. 

12 Mr. Berman, I think if you are 

13 uncomfortable at this point with what has been 

14 offered to you and you want something more, 

15 you do have an affirmative obligation to 

16 provide some direction to Respondent's Counsel 

17 about what you need for settlement. And I'll 

18 leave it to the two of you to see what you can 

19 hash out privately. 

20 MR. BERMAN: Okay. All right. 

21 I'll do some research on my own, but you 

2 2 suggested that we reconvene in two or three 

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that, I want to talk to you about what we 

would be doing in two to three weeks if 

settlement doesn't occur, yes. 

MR. BERMAN: What I'll do is I'll 

do some research, figure out what could 

sati sfy us - -

JUDGE SULLIVAN: Okay. 

MR. BERMAN: And I'll convey that 

to Mr. Winton, and hopefully we could work 

something out. 

JUDGE SULLIVAN: Okay. Thank you 

very much. 

MR. WINTON: Judge, this is Greg 

Winton again. I think -- I mean, we almost 

don't need to put. something on the calendar, 

and I'm confident that you're going to get a 

notice of settlement from both parties. 

And so if you leave it open 

indefinitely, and maybe with a follow-up in a 

month, that should be sufficient. 

(202) 234-4433 

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JUDGE SULLIVAN: Thank you very 

much, Mr. Winton, but I think it's much more 

efficient for me to just have you both look at 

your calendars now and set something up. 

MR. WINTON: Okay. 

JUDGE SULLIVAN: If you find that 

you have reached a settlement, and you send in 

a withdrawal notice, for example, I'm happy to 

strike that. 

MR. WINTON: Sure. Okay. 

JUDGE SULLIVAN: So --

MR. WINTON: I would then 

respectfully request at least four weeks so 

that --t o give me time to hunt somebody down 

to sign whatever it is that needs to be 

signed. 

JUDGE SULLIVAN: Okay. Mr . 

Berman, do you have any objection to that? 

MR. BERMAN: No. I'm on vacation 

n ext week, so that works out better for me, as 

wel l . 

(202) 234.4433 

JUDGE SULLIVAN: Let's look at our 

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1 calendars, then, really quickly, four weeks 

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3 And just so you know, I need to 

4 re-enter my password into my computer. It's 

5 logged me out. 

6 II MR. WINTON: Sure 

7 (Pause.) 

3 JUDGE SULLIVAN: Okay. Okay, I'm 

9 looking at the month of September. I would 

10 presume that you're all taking Labor Day off, 

11 hopefully. But do you want to do it the week 

12 of Labor Day holiday, or do you want to do it 

13 the week after? 

14 MR. WINTON: What day of the week 

15 would be better for you. Judge? 

16 JUDGE SULLIVAN: I have Wednesday, 

17 Thursday and Friday of both of those weeks 

18 available, so whatever works with your 

19 calendars, I'm happy to work with. 

20 MR. WINTON: Yes. The second --

21 the week of the 12th and the 19th, I'm not 

22 available on those days, so it would either 

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have to be the 7th or the 28th of September, 

for me. 

JUDGE SULLIVAN: Okay . And Mr . 

Berman, would the 7th work for you? 

MR. BERMAN: The 28th would not 

work for me. 

JUDGE SULLIVAN: Okay. So would 

the 7th work for you? 

MR. BERMAN: Yes. 

JUDGE SULLIVAN: Okay. Do either 

of you have a preferred time of day? I think 

everybody is on the East Coast, are you not? 

MR. BERMAN: Yes. 

MR. WINTON: Correct. 

JUDGE SULLIVAN: Do you have a 

px-eferred time, either in the morning or in 

the afternoon? 

MR. WINTON: 11:00 a.m. is fine 

for Mr. Winton. 

JUDGE SULLIVAN: Okay. 

MR. BERMAN: That's fine for me, 

too. 

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JUDGE SULLIVAN: Okay. Let's say 

11:00 a.m. on Wednesday, September 7, 2011. 

And of course, the Office of Hearings will set 

up the conference call. 

And then just so you know, if, in 

fact, you have not been able to reach some 

kind of agreement, we will then be talking 

about setting up a litigation scheduling 

conference. 

And I, at that point, would want 

to talk to you about some of the motions that 

are in the file that I see that haven't been 

addressed by this office. 

For example, there was a motion to 

limit hearing with a response by Diamond. 

There is also a request for admissions that 

had no response . And I want to talk about 

setting up some time to address those. 

And then I'll talk to you all 

about setting up hearing dates and so forth, 

just to be on the --

MR. WINTON: Sure. 

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JUDGE SULLIVAN: -- safe side. So 

if you need my assistance in any way prior to 

September 7th, don't hesitate to call. 

And I'll be sending out just 

basically a litigation notice saying that 

we're reconvening on September 7th at 11:00, 

so that you have something in writing for your 

calendars. 

Judge. 

MR. WINTON: Great. Thank you, 

JUDGE SULLIVAN: You're welcome. 

And then before we go off the 

record, starting with you, Mr. Berman, is 

there anything else that we can address for 

your client today? 

MR. BERMAN: No. 

JUDGE SULLIVAN: Mr. Winton, on 

behalf of your client, anything else we nee d 

to address? 

MR. WINTON: Nothing further. 

Judge. Thank you. 

JUDGE SULLIVAN: Thank you bot h 

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very much for your presence today. It appears 

our business is complete. We can go off the 

record, and I wish you all a good day. 

MR. BERMAN: Thank you. 

JUDGE SULLIVAN: All right. Byebye . 

MR. WINTON: Thank you. Bye. 

(Whereupon, the above-entitled 

matter was concluded at 10:21 a.m.) 

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affidavit 5.5 S.I 5 

11:11,14.17.18 

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affirmations 13:8 

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agent 8:6 

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agreement 10:16 

22:7 

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air 1:7 3:4 4:7.8 

5:20 14:17 

alternative 8:21 

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answer 5:15 

anyway 9:5 

APPEARANCES 

2:1 

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approval 7:11 

article 6:20 

asked 5:1,14 

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assets4:12,18 5:3 

7:22 8:17 

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assume 15:13 

16:15 

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automatic 11:4 

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22:2 24:9 

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4:6 5:1,11,17.19 

6:21 7:8 9:9,13,15 

9:22 10:11,12 

11:10 12:7,18 

13:7,9,20 14:8 

15:9,21 16:8 

17:12,20 18:6,10 

19:18,19 21:4,5,9 

21:13,21 23:13,16 

24:4 

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19:20 20:15 

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6:9 7:198:4,12,16 

8:17 12:14 14:2,4 

15:2,3 24:2 

bye 24:5,6,7 

calendar 3:20 

1S:17 

calendars 19:4 

20:1,1923:8 

call 22:4 23:3 

case5:9 7:1,9 10:22 

11:17 12:17 

certain 11:5 

certainly 7:21 

certificate4:9 5:2 

5:21 6.-22 7:2,4,5 

8:10.13 9:8,20 

14:21 

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change 12:21 

charter 1:7 3:4 4:7 

4:9 5:20 6:13 

10:1 14:17 

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8:19 13:12 15:2 

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complete 24:2 

computer 20:4 

concern 12:12 

15:17 16:8 

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conference 3:10,16 

12:2 22:4,9 

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continue 8:21 

12:11 

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convened 3:8 

convey 18:10 

corporate 6:10 

corporation 4; 12 

6:3,6,14,18 7:2,7 

7:10,20 8:1 11:12 

13:11 15:11.14,19 

15:22 

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8:4 

correct 13:22 21:14 

Counsel 2:15 3:11 

6:17 10:6 11:21 

16:10 17:16 

course4:5 11:20 

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court 2:5 3:6 7:4 

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date 20:2 

dated 9:17 

dates 3:19 22:20 

day 14:2 20:10,12 

20:1421:11 24:3 

days 9:22 20:22 

declaration 15:1 

default 9:1 

definition 7:15 

delighted 3:12 

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deposited 9:19 

de-certification 

11:4 

Diamond 1:7 3:4 

4:7 5:20 9:8 14:2 

14:1622:15 

different 16:18 

difficult 12:13 

direct 10:7 

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direction 17:16 

Pag e 25 

director 9:17 

dissolution 7:2 

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docket 1:4 3:5 11:1 

documentation 

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doing6:9 18:4 

draft 12:15 

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easier 10:9 

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efficient 19:3 

effort 8:20 

either 20:22 21:10 

21:16 

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entering 10:21 

ESQ 2:4,13 

essentially 10:16 

15:2 

eventually 8:8 

everybody 21:12 

exactly 6:11 15:4 

16:8 

example 11:2 19:8 

22:14 

exchange 12:1 

exist6:2,6.14 11:12 

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16:19 

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existing 14:9 

expected 7:15 

experience 6:17 

expert 6:9 

Experts 2:4 

expiring 11:1 

FAA 1:4 3:5,7 5:2.6 

12:16 13:4 16:5 

16:13 

FAA-2010-0620 

Nea l R. Gross & Co. , Inc . 

202-234-443 3 
1:8 

fact 4:20 22:6 

fair 14:5 

fairly 3:15 

familiar 13:11 

familiarity 13:14 

FDMS 1:7* 

February 9:18.19 

9:21 

Federal 2:18 

fighting 9:5 

figure 18:7 

file 10:16 13:4 17:2 

22:12 

filed 7:4 10:15 

find 12:13 19:6 

finding 14:15 

fine21:18.21 

fining 14:1 1 

follow-up 18:21 

forth 22:20 

four 19:1320:1 

Friday 20:17 

further 5:7 23:20 

getting 16:17 

give 7:14 11:15 

19:14 

given 7:6 

go 13:1 23:12 24:2 

goal 13:21,22 14:10 

14:14 

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12:17.19 14:7 

16:9,16,17 18:18 

good 3:11.13 24:3 

gotten 5:13 

Great 23:9 

Greg4:2 17:1 

18:15 

GREGORY 2:4 

guarantee 11:16 

guess 12:12 

snessine 12:16 

H 

happv 17:4 19:8 

20: i 9 

hash 17:19 

hear 5:15 

heard 4:4 

hearing 1:16 5:8 

8:22 16:21 22:15 

22:20 

Hearings 1:2 22:3 

hesitate 23:3 

historical 14:16 

hold 8:22 

holding 5:8 

holiday 20:12 

Honor7:17 16:7 

HONORABLE 

1:21 

hopefully 18:11 

20:11 

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19;]4 

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idea 9:10 

impossibility 16:14 

inactive 8:2 

incorporation 6:5 

indefinitely 18:21 

indicate 6:15 13:13 

insolvents:! 

intend 8:17 

issue 14:9 

hands 16:12 

Jamaica 2:21 

join3:15 

Judge 1:22 3:3,14 

4:1,5 5:10,176:16 

7:3.13 9:6 10:3,6 

10:13 11:20 13:6 

13:20 14:19 15:16 

16:1 17:7,11 18:2 

1S:9.13,15 19:1,6 

19:11,17,22 20:8 

20:15,1621:3.7 

21:10.15,20 22:1 

23:1.10,11,17,21 

23:22 24:5 

judgement 9:2 

J.E 1:21 

K 

keeping 10:16 

kind7:ll 10:8 

11:11 16:5 22:7 

kinds I3:S 

know6:10 10:13,18 

13.2,12 15:5,6.9 

15:12,13 16:9 

17:1 20:3 22:5 

knowing 5:1 

knowledge 5:5 

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Labor 20:10,12 

language 12:21 

lapsed 9:22 

law 1:22 2:4 4:17 

6:107:20 13:12 

13:17 

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leaving 16:12 

left 12:14 

letter 9:16 13:18 

Let's 19:22 22:1 

limit 22:15 

litigation 3:9,18 

12:2 22:8 23:5 

little 17:10 

LLC 2:4 

local 7:4 

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long7:19 

longer4:12 5:2,3 

6:20 

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looking 14:20,22 

15:4 20:9 

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Mac 9:16 

matter 1:5,15 3:4 

16:11 24:9 

MD2;6 

mean 15:10 18:16 

Misiano 9:16 

money 8:20 9:2 

14:14 

month 18:22 20:9 

nionths8:3 9:12 

10:5 11:7 

morning3:9,] 1.13 

21:16 

motion 22:14 

motions 22:11 

move 13:5 

muster 16:16 

N 

need6:19 13:1 17:2 

17:17 18:1720:3 

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notice 1:17 8:6 

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number 3:5 

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20:8,8 21:3.7,10 

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penalty 6:2 9:4 

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piece 16:15 

place 4:13 

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possible 11:21 

practical 16:20 

practice 6:18 

practiced 7:19 

prefer 11:10 

preferred 21:11.16 

presence 24:1 

Present 3:6 

presented 7:1 

Nea l R. Gross Sc Co. , Inc . 

202-234-443 3 
Page 27 

president 7:7,10 

presume 20:10 

prior 23:2 

privately 11:9,22 

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problem 7:IS 8:7 

procedural 3:18 

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proves 11:11 

provide 5:4 13:4 

17:16 

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P-R-0-C-E-E-D-... 

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question 6:17 

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15:14,18 

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request 6:22 19:13 

22:16 

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17:21 18:7 

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respondent 2:2 3:8 

14:21 

Respondent's 

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setting22:8.18,20 

settlement 10:22 

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talk 11:9.22 18:3 

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transcript 10:9 

TRANSPORTA... 

1:1 

travel 9:3 

trial 3:20 14:7 

true 5:19 

turn 16:2 

tvvo 11:9,22 12:3 

17:18,22 18:4 

type 12:22 

U 

ultimately 14:6 

uncomfortable 

17:13 

understand 3:21 

13:22 15:12 

understanding 

4:14 7:18 

unit 8:4 

UNITED 1:1 

V 

vacation 19:19 

versus 14:7 

viable 15:19 

violation 14:11,15 

14:16 

voluntarily 4:8 

5:20 9:8" 

W 

waiting 5:15 10:17 

want 3:17 12:17 

15:19 17:14 18:3 

20:11,1222:10,17 

wants 17:5,6 

way 5:4 7:21 23:2 

Wednesday 1:12 

20:16 22:2 

week 3:20 19:20 

20:11,13,14,21 

weeks 12:3 18:1,4 

19:1320:1,17 

welcome 23:11 

we'll 12:11 

we're3:3 5:22 8:9 

8:189:4 14:12 

17:3 23:6 

we've 16:4 

willing4:18 8:19 

10:21 

winding4:15 7:21 

Winton 2:4 3:8,13 

4:1,2,6 5:13 6:8 

7:14,179:7,9.14 

9:21 10:4 11:3,13 

12:8,8 13:8.14.16 

16:2,7 17:8 18:11 

18:15,16 19:2,5 

19:10,12 20:6,14 

20:2021:14.18,19 

22:22 23:9,17.20 

24:7 

wish 24:3 

withdraw 11:16 

withdrawal 19:8 

work 4:18 12:11 

18:11 20:1921:4 

21:6,8 

works 19'20 20-18 

wouldn't 11:15 

write 13:18 

Neal R. Gross Sc Co. , Inc. 

202-234-4433 
Pag e 2 

writing 23:7 

wrong 14:1 

years 12:10 

York3;22 4:1 1,16 

6:5.10 7:20 8:4 

9:3 11:5 13:11 

15:10,18 17:9 

7 22:2 

7th21:l,4,8 23:3,6 

7182:22 

Z 

Zach9;12 12:9 

ZACHARY2:13 

$ 

$1100 9:4 

I 

I 2:19 

101:13 

10:00 1:17 

10:013:2 

10:2124:9 

11:0021:1822:2 

23:6 

11434 2:21 

128:3 

12th 20:21 

18th 9:18.19 

I9th 20:21 

20 12:10 

2011 1:139:1922:2 

20850 2:6 

24 8:3 

25th 9:18 10:1 

28th21:l,5 

294-8550 2:6 

3012:6 

450 2:5 

553-3258 2:22 

561 2:20 

90 9:22 

Neal R. Gross & Co., Inc 

202-234-4433 
29 

CERTIFICAT E 

This is to certify that the foregoing transcript 

In the matter of: Diamond Air 

Before: uS DOT 

Date: 08-10-11 

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 

COURT REPORTERS AND TRANSCRIBERS 

1323 RHODE ISLAND AVE., N.W. 

(202)234-4433 WASHINGTON, D.C 20005-3701 www nealrgross com