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BEFORE THE 

UNITED STATES DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

In the Matter of 

AERO TIRE AND TANK, LLC 

Docket No. 

CP08SW0011 

DMS No. 

FAA-2008-1307 

-X 

NTSB Courtroom 

624 Six Flags Dr., Suite 150 

Arlington, Texas 76011 

Wednesday, 

May 12, 2010 

The above-entitled matter convened for 

hearing, pursuant to notice, at 9:00 a.m. 

BEFORE: 

RICHARD C. GOODWIN 

Administrative Law Judge 

PieCEIVEO 

JUN 0 I 2010 

(202) 234-4433 

NEAL R. GROSS 

COURT REPORTERS AND TRANSCRIBERS 

1323 RHODE ISLAND AVE., N.W. 

WASHINGTON, D.C. 20005-3701 

'-3 

— I 

CD 

www.nealrgross.com 
APPEARANCES 

On behalf of the Administrator: 

RENA M. PRICE, Senior Attorney 

Federal Aviation Administration 

Office of the Regional Counsel 

2601 Meacham Boulevard 

Fort Worth, Texas 76137-0007 

Telephone 817-222-5068 

Fax No. 817-222-5945 

On behalf of the Respondent 

DERRICK J. HAHN, Attorney 

900 Jackson Street, Suite 180 

Dallas, Texas 75202 

Telephone 214-744-3200 

Fax No. 214-744-3202 

(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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PROCEEDING S 

(9:00 a.m.) 

record. 

Ms. Price? 

LLC 

JUDGE GOODWIN: Let's go on the 

This is the case of Aero -- again. 

MS. PRICE: Aero Tire and Tank, 

JUDGE GOODWIN: I understand from 

Judge Mullins that there's been some 

developments in the case? 

MS. PRICE: Yes, Judge. Late 

yesterday afternoon the Agency and the 

Respondent, Aero Tire and Tank were able to 

amicably resolve the issue in our complaint. 

JUDGE GOODWIN: Okay, good. As 

Ms. Price knows, my reputation is -- when I 

first got here, people were doing this at the 

last minute. I did trial work for 2 0 years. 

I knew that people weren't looking at files 

until the last minute, but I know that's not 

the case here. 

(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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I'm one of these people with the 

philosophy if you settle the case, I think 

it's a credit to the two attorneys, and 

especially to the parties, whether you settle 

it on the doorstep. 

And I've told many an attorney, 

"If I told you I've never settled a case on 

the Courthouse doorsteps or in the courtroom, 

I'd be lying to you." 

But I appreciate all the hard work 

that the two of you have done and I respect 

the fact you've been able to settle the case. 

I learned in doing 2 0 years of 

divorce work, if I could get the parties to 

settle, they might actually adhere to the 

settlement agreement, as opposed to what 

somebody in a black robe dictated to them. 

It doesn't matter to me, Ms. 

Price, whether you put it in the record or 

not. Do you want me to hold the record open 

to allow you to sign anything? 

MS. PRICE: I don't think that 

(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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would be necessary. Judge. I think for the 

record, if the Court would simply indicate 

that the matter is terminated as a result of 

the resolution. 

JUDGE GOODWIN: Yeah. 

MS. PRICE: We will issue an order 

assessing civil penalty based on our 

settlement agreement. 

JUDGE GOODWIN: Well, do you want 

me to incorporate it in my order or do you 

want to do it at your level? I don't have any 

level 

MS. PRICE: We'll handle it at our 

JUDGE GOODWIN: Well, my concern 

is, if I dismiss it before you do that, I 

don't want jurisdiction to -- well, how long 

do you anticipate it will be before you are 

able to issue your order? 

MS. PRICE: Once we receive the 

civil penalty payment from the Respondent, we 

will be prepared to issue the order assessing 

(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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JUDGE GOODWIN: Any sense how long 

MS. PRICE: And I believe he's 

prepared to do that 

JUDGE GOODWIN: I'm not trying to 

pin you down. Give yourself an outside date. 

MR. HAHN: Yeah. We're prepared 

to tender the money today or tomorrow. Your 

Honor 

JUDGE GOODWIN; You actually 

brought it with you in pennies 

MS. PRICE: So I would certainly 

think that once we receive it, and we should 

receive it, I would certainly think by the end 

of the week. 

JUDGE GOODWIN: Today is the 12th. 

I will leave the case -- I will issue an order 

indicating that the case has been settled. 

I'm going to leave it open until June 1. 

Once you advise me that you have 

received payment, I'll dismiss the case with 

(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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prejudice. 

MS. PRICE: That will be fine. 

JUDGE GOODWIN: One of the reasons 

-- there are two sides to this. Anything I 

put in the record is public record. I don't 

care whether your settlement is public record 

or it's between the two of you. 

So if I leave it open and it falls 

apart -- heaven only knows I've had a few of 

those, usually divorce cases. "What do you 

mean, I can't have the toaster. I want more 

visitation with the dog." Big substantial 

issues. 

So I'll issue an order leaving the 

record open till June 1 pending finalization 

of settlement. And if Ms. Price -- just send 

me an email Mr. Lebowitz is out of the 

country until the end of the month. 

Send me an email indicating that 

you received payment and you're satisfied that 

the terms of the settlement have been 

finalized, and then I'll dismiss the case with 

(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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prejudice. That's all I need to say. 

MS. PRICE: That will be fine. 

Judge 

JUDGE GOODWIN: Again, I applaud 

the fact the two of you were able to work this 

thing out amicably and look forward to seeing 

the two of you again on another matter. 

MS. PRICE: Thank you. Judge. 

MR. HAHN: Thank you. Judge. 

JUDGE GOODWIN: So just for the 

record, we're going to indicate, just indicate 

what the Court has said. We'll issue an order 

leaving the docket open till 1 June, pending 

finalization of settlement. 

Once the Agency has notified us of 

receipt of payment, I'll dismiss with 

prejudice. Thank you. 

We're off the record. 

[At 9:03 a.m., the proceedings 

were concluded.] 

(202) 234-4433 

NEAL R. GROSS 

COURT REPORTERS AND TRANSCRIBERS 

1323 RHODE ISLAND AVE., N.W. 

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

This is to certify that the foregoing transcript 

in the matter of: Aero Tire and Tank, LLC 

Before Richard C. Goodwin 

Administrative Law Judge 

Date May 12, 2010 

Place Arlington, Texas 

represents the full and complete proceedings of the 

aforementioned matter, as reported and reduced to 

typewriting. 

(J4^ixteK__j^ 

enton 

(202) 234-4433 

NEAL R. GROSS 

COURT REPORTERS AND TRANSCRIBERS 

1323 RHODE ISLAND AVE., N.W. 

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