# F1
042016 H lNGDOCr<ET
1 2 3 OFFICE OF HEARINGS U.S. DEPARTMENT OF TRANSPORTATION

4 In the matter of: 5 REDEMPTION AIR, INC., No. FAA-2014-0115 6 ------------------------------) 7 8 9 TELEPHONIC PRETRIAL CONFERENCE

10 11 12 13 14 Wednesday, July 20, 2016 3:00 p.m. The Honorable Douglas M. Rawald Administrative Law Judge

15 ON BEHALF OF THE FAA: 16 GLENN H. BROWN, ESQ. 17 Federal Aviation Administration 18 19 ON BEHALF OF REDEMPTION AIR, INC.: 20 BRENT R. COLE, ESQ. 21 Law Office of Brent R. Cole, P.C. 22 23 ALSO PRESENT: Kevin Sipe 24 Reported telephonicallyby: 25 Karen L. Guy, Digital Court Reporter2 

### TelephonicPretrialConference RedemptionAir,Inc. 7/20/2016

1 2 3 4 P R0 CE E D I N GS


### (3:00p.m.) JUDGE RAWALD: This is the case of Redemption 5 Air, Docket Number FAA-2014-0115. Today's date is July 6 20th, 2016, at 3:00 eastern time. This is 7 Administrative Law Judge Doug Rawald. I'mjoined on the 8 call by government counsel, Glenn Brown, and 9 Respondent's counsel, Brent Cole. Also withme in the 10 office is a legal intern, Kevin Sipe. 11 Let's jump to the first issue discussed in your 12 response tomy prehearing conference request, and that 13 is the venue. So, Mr. Brown, what is your opinion on 14 this? You mentioned that possiblyKodiak is a place you 15 would rather have the case? 16 MR. BROWN: Yes, Your Honor. For ourpurposes, 17 having it inAnchoragemakes themost sense. Kodiak is 18 a short flight away, and it happens to be where 19 Redemption Air is located. So, our vote wouldbe for 20 Anchorage. 21 

### JUDGE RAWALD: Okay. And so howmanywitnesses 22 do you intendto call andwhere are they located? 23 MR. BROWN: My one witness is Christina Bryant. 24 She's based here inAnchorage. 25 JUDGE RAWALD: And you only intend on calling

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1 her? 2 3 MR. BROWN: That's my intent, yes, Your Honor. JUDGE RAWALD: Okay. And you actually live in 4 Anchorage as well and you office inAnchorage? 5 MR. BROWN: Yes, sir. My office is in 6 Anchorage, at the regional office here. 7 8 JUDGE RAWALD: I'mgoing to turn to Mr. Cole. Mr. Cole, what's your opinion? Where would you 9 want the hearing to be? 10 11 12 MR. COLE: We wouldprefer that it be in Kodiak. JUDGE RAWALD: Okay. And why is that, sir? MR. COLE: Primarilybecause it's the location 13 ofmy client and the witnesses on our side are all

-- 14 and I plan on calling three

-- are all from and live at 15 Kodiak. 16 JUDGE RAWALD: And, Mr. Cole, are you yourself 17 inAnchorage or are you in Kodiak? 18 19 MR. COLE: I am inAnchorage, Your Honor. JUDGE RAWALD: Okay. Have you been to the 20 courthouse in Kodiak? 21 MR. COLE: I have been a prosecutor up here. I 22 have been there many days. 23 JUDGE RAWALD: And so what are the facilities 24 like over there at the courthouse in Kodiak? 25 MR. COLE: It is a very small room, probably 25


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### TelephonicPretrialConference RedemptionAir,Inc. 7/20/2016
1 by 40. There's several courtrooms in the Kodiak state 2 courthouse. They are not regularly filled, I don't 3 believe. It is-- there's a court reporter. There's a 

### 4 witness stand. There's a place for jurors to sit. 5 There's a place for the judge to sit. It's a regular 6 courtroom, and there's two or three of them. 7 JUDGE RAWALD: Okay. And as far as 

### 8 accommodations for myself, Mr. Brown, you, and 9 Mr. Brown's witness, how many hotels are there? Are 10 there a lot of options or what do we have in Kodiak? 11 MR. COLE: Most people stay at the Barrett Inn. 12 There's a number of bed andbreakfasts that are on 13 Kodiak. It is a it's a-- it's a town of-- 14 Mr. Brown, what, 6, 10,000 people? There's a Coast 15 Guard facility on Kodiak. 16 MR. BROWN: Your Honor, there are facilities 17 there for us. That's not an issue. 18 JUDGE RAWALD: Okay. And I guess my question 19 is, are there a sufficient number of restaurants and 20 hotels where we wouldn't be running into each other all 21 the time andmake people uncomfortable? 22 MR. COLE: I can't imagine that would be a 23 problem, Your Honor. 24 JUDGE RAWALD: Okay. I have had occasion to go 25 to bothAnchorage and also Fairbanks in the past for a


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1 hearing, but I have never been to Kodiak, so I don't 2 know anything about it. So, anything I hear today is 3 helpful. 4 So, any concerns that we would have with having 5 the hearing in Kodiak that I would not have thought of? 6 That's a question I would ask you. 7 MR. BROWN: This is Mr. Brown. The one problem 8 is Kodiak always is getting on and off the island 9 because the weather

-- the flights don't always make it 10 in, don't always make it out. But the interesting thing 11 is it can workboth ways, because if the witnesses live 12 there and had to travel toAnchorage, they would have 13 the same problem. 14 JUDGE RAWALD: Right. And, Mr. Brown, just so 15 you understand, my leaning would be toward Kodiak 16 because of the expense for the Respondent here, because 17 obviously he's going out of pocket to travel to 18 Anchorage, whereas the Government would pay for all of 19 us to go over there, so -- and given the fact that he 20 has somanymore witnesses that he's planning on 21 calling, and that Kodiak does has a courthouse. Still, 22 I don't know the availability and I will have to defer 23 to that. I would like tominimize their expense, if 24 possible, given all those concerns. 25 MR. BROWN: Your Honor, tobe perfectlyhonest,


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1 I don't have a strong objection to Kodiak. It's just 2 our preference would be Anchorage. 3 JUDGE RAWALD: Right, and I think you're doing 4 the responsible thing by saying, hey, listen, it's going 5 to save the Government time andmoney by having it here 6 inmy office; I'd rather have it here. So

-- and from 7 my point of view, as far as resources go, there's a 8 federal courthouse inAnchorage, so it would be easier 9 for me to get space and certainlyprobably be a little 10 bit nicer, but that's not reallywhy I would decide to 11 have a hearing somewhere. So I will look at all these 12 things and think about it. 13 I don't know-- do you have any idea what the 14 ballpark expense typically is to fly out to Kodiak from 15 Anchorage? 16 17 18 19 MR. BROWN: I haven't looked. MR. COLE: Your Honor, it's about

-- sorry. JUDGE RAWALD: Mr. Cole, yes? MR. COLE: It's about $400, three to four 20 hundred dollars. 21 22 23 JUDGE RAWALD: Round trip? MR. COLE: Yes. JUDGE RAWALD: Is that on a major commercial 24 airline or what kind of airline are they flying to get 25 there?

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1 MR. COLE: Please don't holdme to this, but 2 there is a jet that generally goes in and out. I know 3 it goes in and out in the summer. It's a 737. It's a 4 commercial jet, just like any jet you would take. The 5 flights that can have problems canbe some of the twin 6 engine -8s that go in and out, either through Ravn or 7 one of the other local carriers. 8 

### Generally, the jetmakes it in and out. I 9 believe the jet runs once a day andwillbe runningwhen 10 this is anticipated going to hearingbecause it's the 11 fishing season still out in Kodiak. 12 JUDGE RAWALD: Well, let's talk about that a 13 littlebit, the actual timing of the hearing not being 14 set yet. So, when is the best time of year to be 15 traveling to Kodiak so we can minimize the chance of 16 having any kind ofweather interruptions we talked 17 about? 18 

### MR. COLE: Right now, Your Honor. I'm sorry, I 19 don'tmean to be facetious, but any time up through 20 October. After November, it's always a littlebit iffy. 21 The winter storms coming in off the Pacific Oceanmake 22 things a little dicier. It's prettyuncommon, 23 September, October, for there to be cancellations. 24 

### JUDGE RAWALD: Right. Well, what about 25 November, December, January, February, March, those are

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1 all badmonths? 2 MR. COLE: I'mnot saying they're bad. There's 3 just a little bitmore risk. I think things get a 4 littlebit better come January, but certainly late 5 November and December, you get a lot of storms blowing 6 in, you get snow and ice, and it is more complicated in 7 those two months. 8 JUDGE RAWALD: Okay. And I think given the way 9 my schedule is looking right now, we're really

-- I'm 10 not going to be able to get there before the fall, and 11 certainly it would be more winter or early spring that I 12 wouldbe able to get there, so that's why I'mtrying to 13 look at what the options wouldbe. 14 Okay. So, I'll take all this Kodiak information 15 and I'll contact the courthouse there and see what the 16 ability for us to get space there would be. I certainly 17 at least am sympathetic to the idea that Kodiak wouldbe 18 a more appropriate location given the number of 19 witnesses that youplan on calling, Mr. Cole, and the 20 expense your client wouldprobably have to go through to 21 bring them all over to Anchorage to hear the case and 22 deal with them. 

### 23 Okay, let's talk about discovery. So, it seems 24 like everyone is satisfiedwith all the discovery 25 they've received at this point. Is that correct,



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1 Mr. Cole? 2 3 4 5 6 MR. COLE: Yes. JUDGE RAWALD: Okay. Mr. Brown? MR. BROWN: Yes, Your Honor. JUDGE RAWALD: Okay. So there's nothing else 7 that needs to be done and discovery is completed. 8 And there are no pending motions currently, 9 according to both parties. Is that right, Mr. Brown? 10 11 12 13 MR. BROWN: That's correct, Your Honor. JUDGE RAWALD: And Mr. Cole? MR. COLE: Yes, sir. JUDGE RAWALD: And, Mr. Brown, do you expect 14 filing any more motions at some point? 15 MR. BROWN: Not that I know of. I mean, I think 16 it's-- I mean, it's plain it's a factual dispute, so 17 that's where we are. 18 JUDGE RAWALD: Okay. And are there any other 19 evidentiary-type issues you want to work out before we 20 get there that would be appropriate for a motion or you 21 feel like they are all kind of cut and dried and can be 22 dealt with in the course of a hearing? 23 MR. BROWN: I think it's all cut and dried at 24 this point, Your Honor. 25 JUDGE RAWALD: Okay. And, Mr. Cole, how do you


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### TelephonicPretrialConference RedemptionAir,Inc. 7/20/2016
1 feel? Do you think you are going to file anymotions 2 or -- 3 MR. COLE: Your Honor, I would agree with 4 Mr. Brown's answers in all regards. It seems like a 5 factual dispute. I don't anticipate filing anymotions. 6 I have

-- I just don't anticipate it. 7 JUDGE RAWALD: Okay. Both of the parties have 8 proffered a deadline of September 30th for any 9 prehearingmotions, and so do you still want to have 10 that amount of time? That wouldbe basically 2 1/2 11 months from today to decide if want to file any motions, 12 or do you want me to give you a shorter leash on that? 13 14 MR. COLE: Is that directed tome orMr. Brown? JUDGE RAWALD: I will ask you, Mr. Cole, first. 15 I think you're themore likely person to file a motion 16 given the way the case is postured. 17 MR. COLE: Right. I think it's unlikely that I 18 will file any motions in this. 19 JUDGE RAWALD: Okay. So, do you want me to give 20 you through August 31st tomake that final decision or 21 do you want through September 30th? 22 23 MR. COLE: August 31st is fine. Andjust so that the Court is aware, before you 24 spend a lot of time, Mr. Brown and I are discussing a 25 possible settlement.

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1 2 JUDGE RAWALD: Okay. MR. COLE: And I expect that we will know within 3 the next seven days. 4 JUDGE RAWALD: Okay, that's wonderful. So

-- 5 and that was going to bemy -- one ofmy issues I was 6 going tobring up later, the discussion of settlement, 7 so I will turn to that in a moment. 8 But just so I can get the schedule kind of inmy 9 mind, what I would say is that I would say all motions 10 shouldbe filed byAugust 31st. If you don't file 11 anything by then, we won't have anything. And anything 12 that's filed shouldbe responded to within 30 days, as 13 the parties proffered. 14 And then I will reserve a date onmy calendar in 15 October for a motion argument, and so I would reserve 16 are you folks generally available the week of October 17 lOth or is there a date that week when folks wouldbe 18 available if I set aside a prehearing conference date? 19 MR. COLE: I'mgenerally available during that 20 week. JUDGE RAWALD: Okay. MR. BROWN: The earlypart of the week, I 21 22 23 believe I am. I'mhoping it looks like I'mgoing to 24 be scheduled that week to be doing something in Oklahoma 25 City during that

-- the latter part of the week, through



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1 the next week. So, it's --yeah, the earlypart of the 2 week

-- 3 4 JUDGE RAWALD: Would October 11thbe okay? MR. BROWN: Sure, I think

-- ifwe are going 5 to

-- actually, the lOth is a holiday. 6 7 JUDGE RAWALD: So, do you want the 12th? MR. BROWN: The 11th

-- yeah, I am going to have 8 to look. I guess the thing to do is schedule it, and if 9 I'mdoing something, I'll figure out a way to make sure 10 I take that into account, and we'll make it work. 11 JUDGE RAWALD: Okay. Hopefully you will settle 12 it so it won't be an issue at all, but I did want to put 13 it on the calendar so everybody has time set aside for 14 us. Okay, we will say October 11th, then, or October 15 12th? Which one do you prefer, Mr. Brown? 16 MR. BROWN: The 11th if we are going to do it, 17 yes, sir. 18 JUDGE RAWALD: We will put down October 11th as 19 a possible prehearing/motion date, if we have any, which 20 it's very likely we won't even need those, but just so 21 we have it set aside. Okay. 22 And what I'll want is both parties to provide me 23 all witness and evidence lists before the

-- before the 24 hearing, so is 30 days sufficient for both sides? 25 Mr. Brown?



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1 2 3 4 MR. BROWN: Yes, Your Honor. JUDGE RAWALD: And Mr. Cole? MR. COLE: Yes, Your Honor. JUDGE RAWALD: Okay. And in the case of any 5 subpoena requests, Mr. Cole, I would need them at least 6 30 days before the hearing. Is that okay with you? 7 8 MR. COLE: Yes, sir. JUDGE RAWALD: And what I find to be very 9 helpful is to get actually digital copies of the 10 evidence that you want to admit, so I can look at them 11 before we get to the hearing, and so if you folks each 12 sendme a CD of all the evidence you want 30 days before 13 the hearing, that would also be helpful. 14 Does that work for Mr. Cole? 15 16 17 18 MR. COLE: Yes, sir. JUDGE RAWALD: And Mr. Brown? MR. BROWN: Yes, Your Honor. JUDGE RAWALD: Okay. So, let's turn to 19 settlement then. So, you folks are talking about 20 settlement right now, andhow close are you, do you 21 think? 22 23 24 MR. COLE: Are you askingme? It's Brent Cole. JUDGE RAWALD: Yes. Go ahead, Mr. Cole. MR. COLE: I personallybelieve we're going to 25 settle the case.


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### TelephonicPretrialConference RedemptionAir,Inc. 7/20/2016
1 JUDGE RAWALD: Okay. And, Mr. Brown, do you 2 think you are going to be able to convince the FAA to 3 agree to a settlement here? 4 MR. BROWN: I think we are pretty close, Your 5 Honor. I agree. I have every confidence we will be 6 able to work this out. 7 8 JUDGE RAWALD: That's great. MR. COLE: Judge, just so that you know, 9 Mr. Brown and I have been working together for many 10 years 11 12 JUDGE RAWALD: Well, that's good to know. MR. COLE: and we litigate against each 13 other

-- in fact, we just got through, and we have a 14 pretty good idea of when we're going to resolve things 15 and when we're not, I think. 16 JUDGE RAWALD: Okay, that's good. That's 17 helpful to know. 18 Okay. Just so I can understand the substantive 19 side of things here, so, once again, it sounds like, 20 Mr. Brown, yourplan wouldbe to just call Ms. Bryant to 21 talk about the facts and circumstances of what happened 22 the day she went to the airport. Is that right? 23 24 MR. BROWN: That's correct. JUDGE RAWALD: Okay. And, Mr. Cole, who will 25 your witnesses be?



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1 

### MR. COLE: It will bemy client and the people 2 who were working inhis office that day. 3 

### JUDGE RAWALD: Okay, to discuss basicallywhat 4 they saw happening that day? 5 6 

### MR. COLE: Yep. JUDGE RAWALD: Okay. And it sounds like the FAA 7 would not have tobe able to

-- have to prove a lot of 8 predicate stuff, like the fact that Redemption is a 9 certificateholder or anything like that. It really 10 would come down to the fact ofwhat happened when 11 Ms. Bryant asked for those records andwhether 12 Mr. Stanford (phonetic) was the one to give it to her 13 andwhatever other aggravating facts the Government 14 alleges. Is that correct, Mr. Cole? 15 MR. COLE: That's a very good synopsis, Your 16 Honor. 17 

### JUDGE RAWALD: And, Mr. Brown, you agree with 18 that as well? 19 20 

### MR. BROWN: Yes, Your Honor. JUDGE RAWALD: Okay. I like tomake sure we 21 understand how things are streamlined sowhen the case 22 does happen, itwill be easier. 23 So, with all that inmind, how long do you folks 24 think the case would take? 25 Mr. Brown?


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1 MR. BROWN: Well, having watchedMr. Cole and 2 his cross examination, I would expect that Ms. Bryant 3 wouldbe on the stand for several hours, all total. My 4 guess is that this wouldbe a one-day hearing, but I've 5 guessedwrongmany times before, as my wife loves to 6 point out. 7 8 JUDGE RAWALD: I understand. And, Mr. Cole, what's your opinion on that? 9 MR. COLE: I really think it's going to take a 10 day and a half. I don't think we're going to get done 11 in one day, and I think the evidence is going to be in 12 in a day and a half. 13 14 15 JUDGE RAWALD: Okay. MR. COLE: So, I'd say two days. JUDGE RAWALD: So, when I make plans in this 16 case, I will therefore schedule it for three days just 17 tomake sure we have enough time. So, I would like to 18 enjoymyself in the Kodiak environment there. So, okay. 19 MR. BROWN: Judge, may I inquire, is it your 20 standardpractice

-- in our NTSB cases, we typically do 21 closing argument orally at the conclusion of the 22 evidence, but Judge Goodwin had always hadus done 23 written closing arguments with, you know, one then the 24 other then a response. 25 Do you have a preference or any idea how you


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1 like to proceed in these? 2 JUDGE RAWALD: Right. So, I'man old trial 3 lawyer, so I enjoy the

-- I enjoyhearing oral argument, 4 especiallybecause it givesme the chance to engage with 5 you orally and ask you questions that will helpme to 6 understand the casebetterand where you are on 7 positions. If I just got the brief, then I wouldn't be 8 able to understand-- I wouldn't be able to ask you 9 questions about it. 10 So, what I wouldprefer to do, if the parties 11 would deliver an oral closing argument tome and then 12 wouldbe prepared to answer questions fromme to helpme 13 understand the case better, but then also, if the 14 parties requested the opportunityto further answermy 15 questions by submittingpost-hearing briefs, that would 16 be helpful. 17 So, say I asked you a question and you said, 18 Judge, I just don't knowwhat to say about that, I 19 haven't thought about that issue, letme go back and 20 brief it, I wouldbe amenable to that. That would be 21 fine for me, and, in fact, it wouldprobablyhelpme in 22 writingmy opinion lateron, so I think it's a good 23 practice in general to do. 24 But I don't want to require parties to write a 25 post-hearingbrief if theyhave toomuch work to do, I


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1 understand that as well, and I understand, especially 2 fromMr. Cole's point of view, he's billing his client, 3 and if he has tobill his client to write a brief, that 4 couldbe an extra obligation onMr. Stanford or 5 Redemption, and I don't think that's fair to them. 6 So, I would say to you is be prepared to argue 7 orally, and if you want to give a brief in writing, 8 request that, and I'll allow it. 9 10 MR. BROWN: Thank you, Your Honor. JUDGE RAWALD: Along answer to a short 11 question. 12 MR. BROWN: Well, that certainlymeans we're 13 likelyto go at least a day and a half. I have to agree 14 with Mr. Cole on that if we add argument into that. 15 JUDGE RAWALD: Okay, right. And, once again, I 16 like to buildin a little extra time justbecause I 17 think there are things that can go wrong, and I don't 18 want time to be the factor for anything. But I also 19 want to be cognizant of the fact that the courthouse 20 will close at a reasonable hour and we will have to 21 leave, and I can't stayjustbecause I want to talk 22 more, and so having an extra day in there will give us 23 the ability tomake sure we accommodate everything we 24 can do. So, I will plan for three days in this case. 25 Okay. And as far as the civil penalty goes, the



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1 way I'm looking at it, essentially the Government is 2 asking for the maximum in their request. Is that right? 3 4 MR. BROWN: Yes, Your Honor. JUDGE RAWALD: Okay. And that's because of the 5 aggravating facts and circumstances? I imagine that you 6 allege that's why you think themaximumwouldbe 7 appropriate? 8 9 MR. BROWN: That's correct, Your Honor. JUDGE RAWALD: And the defense, you at least 10 offered a couple of affirmative defenses here. Are you 11 still sticking with those, the fact that the appropriate 12

-- the penalty is inappropriate, it was a medical 13 emergency, and that he actually did give the records to 14 her, Mr. Cole? 15 MR. COLE: Yes. I'mnot sure that I would say 16 he actually gave them, but I know for sure that he 17 offered to give them later. 18 JUDGE RAWALD: Right. I think that's exactly-- 19 he made them available for, I think, her review, is how 20 you put it. 21 22 MR. COLE: That is correct. JUDGE RAWALD: Okay, good. So, I understand 23 where we are in this case. I understand all that. 24 Now, as far as hearing dates go, folks, in 25 October, I am not

-- after October wouldbe appropriate.


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1 Obviously, you've toldme the weather gets worse as we 2 get further past October, so letme tell you this. My 3 schedule looks prettybusy through December. So, ifwe 4 were to have this case in January, wouldpeople be 5 generally available in January or do you guys already 6 have cases booked up in January? 7 MR. BROWN: I do not, Your Honor. 8 MR. COLE: Let me -- can you just giveme a 9 second, Your Honor? I need tojust check a couple 10 things here. 11 

### JUDGE RAWALD: Of course. I would rather have 12 you look at your calendar than guess. 13 MR. COLE: Well, if you are going to do it in 14 January 15 JUDGE RAWALD: Well, I don't necessarilywant to 16 do it in January if that's the worst time of year to go 17 to Alaska, but I want to make sure you guys aren't 18 delayed too long in resolving this case, so we will. 19 

### MR. COLE: The week of the 16th, which is 20 actually a four-day week, the 23rd are good days, and 21 the week of the 30thbecomes more -- letme see, which 22 case is that? I seemto have a lot going on in the last 23 week of January. 24 I'dprefernot to do it the first week of 25 Januarybecause, as you can imagine, manypeople in



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1 Alaska travel outside those two weeks from Christmas and 2 January, so getting right back into a trial the first 3 week of January is difficult. 4 

### JUDGE RAWALD: That's all right. It doesn't 5 reallywork for me either. So, that's fine. 6 

### So, you were suggesting the week of January 23rd 7 or you're saying that wouldbe too troublesome and you 8 would rather itpush it to February? 9 

### 10 11 MR. COLE: I'd rather push it to February. JUDGE RAWALD: Okay. MR. COLE: And I'mpretty free the week

-- in 12 February. 13 JUDGE RAWALD: Mr. Brown, how does February 13th 14 through 17th look for you? 15 MR. BROWN: At the moment, I see no problems, 16 Your Honor. 17 JUDGE RAWALD: So, let's tentativelyput that on 18 our calendars as the date that I will talk to the Kodiak 19 courthouse about their availability, and as well as the 20 Anchorage courthouse in case that doesn't work out, and 21 then look further into what we are going to do here, but 22 that will be the date we set aside for that. 23 I won't reach out to any courthouses, though, at 24 all because you guys are going to updateme on 25 settlement discussions, you think, by a certain date.



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1 So, when do you think you'll be able to update me on 2 your settlement discussions? What date? 3 4 know. 5 6 MR. COLE: My guess is within a week, we'll

MR. BROWN: I agree with that. Seven days. JUDGE RAWALD: Okay. So, if I ask you to submit 7 a status report byAugust 1stjust saying whether or not 8 you have reached a settlement agreement, would that be 9 sufficient? 10 11 12 MR. BROWN: Yes, sir. MR. COLE: Yes, Your Honor. JUDGE RAWALD: I always like to keep 13 communication going so I know what's happening out 14 there. 15 Okay. Anything else we have to talk about, 16 Mr. Brown? 17 18 19 20 21 MR. BROWN: Not that I know of, Your Honor. JUDGE RAWALD: Okay. Mr. Cole? MR. COLE: Not that I know of, Your Honor. JUDGE RAWALD: Okay. So, my practice is to 22 issue a prehearing conference report which summarizes 23 everything we've discussed today. So, you will be 24 receiving that tomorrow, and it shouldbe faxed to your 25 office, as long as I have your fax numbers.



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### TelephonicPretrialConference RedemptionAir,Inc. 7/20/2016
1 Let me check tomake sure I do have that for 2 both parties. I do have a fax number for both of you 3 folks, so we will make sure you get a fax of that. So, 4 that will be at least a summary of what we discussed 5 here today, all the dates we have put into place, so you 6 have that in writing, so you don't have to rely upon 7 your notes. 8 Anything else for us to discuss, then? Nothing 9 else from anybody? It seems like we're satisfied, so 10 11 that okay. MR. COLE: Can I justmake sure you have the 12 right fax number? 13 14 15 16 17 check. 18 JUDGE RAWALD: Yes, that's fine. MR. COLE: 907-277-8002? JUDGE RAWALD: That's what we have. MR. BROWN: Thank you. That's what we wanted to

JUDGE RAWALD: AndMr. Brown, we have 19 907-271-2800 for you. 20 21 22 MR. BROWN: That is correct, Your Honor. JUDGE RAWALD: Okay, wonderful. Well, I appreciate both of you taking your time 23 todayto discuss the matter. I do appreciate the fact 24 that you both are willing to work together, which is 25 very admirable, especially if it's about the case,


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### TelephonicPretrialConference RedemptionAir,Inc. 7/20/2016
1 always in these cases, as I've found out. And I will 2 look forward to talking to you again in the future, and 3 you will give me a joint status report byAugust 1st, 4 and everything else will be dictated by this prehearing 5 conference report, okay? 6 7 8 9 MR. COLE: Yes, Your Honor. Thank you. JUDGE RAWALD: Okay, we will go off the record. MR. BROWN: Thank you, Your Honor. (Whereupon, at 3:26p.m., the telephonic hearing 10 was adjourned.) 11 12 13 14 15 16 17 18 19 20 21 22 23 24 

### 25


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### TelephonicPretrialConference RedemptionAir,Inc. 7/20/2016
1 2 3 CERTIFICATE OF REPORTER

4 I, Karen L. Guy, do hereby certify that the 5 foregoing proceedings were telephonically recorded byme 6 and reduced to typewriting under my supervision; that I 7 am neither counsel for, related to, nor employedby any 8 of the parties to the action in which these proceedings 9 were transcribed; and further, that I am not a relative 10 or employee of any attorney or counsel employed by the 11 parties hereto, nor financially or otherwise interested 12 in the outcome of the action. 13 14 15 16 17 18 19 20 21 22 23 24 25 KAREN L. GUY, Digital Court Reporter



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