F1 

0 4 2016 

H lNG DOCr<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 telephonically by: 

25 Karen L. Guy, Digital Court Reporter 
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P R 0 C E E D I N G S 

(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'm joined on the 

8 call by government counsel, Glenn Brown, and 

9 Respondent's counsel, Brent Cole. Also with me in the 

10 office is a legal intern, Kevin Sipe. 

11 Let's jump to the first issue discussed in your 

12 response to my prehearing conference request, and that 

13 is the venue. So, Mr. Brown, what is your opinion on 

14 this? You mentioned that possibly Kodiak is a place you 

15 would rather have the case? 

16 MR. BROWN: Yes, Your Honor. For our purposes, 

17 having it in Anchorage makes the most sense. Kodiak is 

18 a short flight away, and it happens to be where 

19 Redemption Air is located. So, our vote would be for 

20 Anchorage. 

21 JUDGE RAWALD: Okay. And so how many witnesses 

22 do you intend to call and where are they located? 

23 MR. BROWN: My one witness is Christina Bryant. 

24 She's based here in Anchorage. 

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 in Anchorage? 

5 MR. BROWN: Yes, sir. My office is in 

6 Anchorage, at the regional office here. 

7 

8 

JUDGE RAWALD: I'm going 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 would prefer that it be in Kodiak. 

JUDGE RAWALD: Okay. And why is that, sir? 

MR. COLE: Primarily because it's the location 

13 of my 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 in Anchorage or are you in Kodiak? 

18 

19 

MR. COLE: I am in Anchorage, 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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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 and breakfasts 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 and make 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 both Anchorage 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 work both ways, because if the witnesses live 

12 there and had to travel to Anchorage, 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 so many more 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 to minimize their expense, if 

24 possible, given all those concerns. 

25 MR. BROWN: Your Honor, to be perfectly honest, 

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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 and money by having it here 

6 in my 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 in Anchorage, so it would be easier 

9 for me to get space and certainly probably be a little 

10 bit nicer, but that's not really why 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 hold me 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 can be 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 jet makes it in and out. I 

9 believe the jet runs once a day and will be running when 

10 this is anticipated going to hearing because it's the 

11 fishing season still out in Kodiak. 

12 JUDGE RAWALD: Well, let's talk about that a 

13 little bit, 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 of weather interruptions we talked 

17 about? 

18 MR. COLE: Right now, Your Honor. I'm sorry, I 

19 don't mean to be facetious, but any time up through 

20 October. After November, it's always a little bit iffy. 

21 The winter storms coming in off the Pacific Ocean make 

22 things a little dicier. It's pretty uncommon, 

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 bad months? 

2 MR. COLE: I'm not saying they're bad. There's 

3 just a little bit more risk. I think things get a 

4 little bit 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 would be able to get there, so that's why I'm trying to 

13 look at what the options would be. 

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 would be 

18 a more appropriate location given the number of 

19 witnesses that you plan on calling, Mr. Cole, and the 

20 expense your client would probably 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 satisfied with 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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1 feel? Do you think you are going to file any motions 

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 any motions. 

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 prehearing motions, and so do you still want to have 

10 that amount of time? That would be 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 to me or Mr. Brown? 

JUDGE RAWALD: I will ask you, Mr. Cole, first. 

15 I think you're the more 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 to make that final decision or 

21 do you want through September 30th? 

22 

23 

MR. COLE: August 31st is fine. 

And just 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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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 be my -- one of my issues I was 

6 going to bring 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 in my 

9 mind, what I would say is that I would say all motions 

10 should be filed by August 31st. If you don't file 

11 anything by then, we won't have anything. And anything 

12 that's filed should be responded to within 30 days, as 

13 the parties proffered. 

14 And then I will reserve a date on my 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 would be 

18 available if I set aside a prehearing conference date? 

19 MR. COLE: I'm generally available during that 

20 week. 

JUDGE RAWALD: Okay. 

MR. BROWN: The early part of the week, I 

21 

22 

23 believe I am. I'm hoping it looks like I'm going 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 early part of the 

2 week --

3 

4 

JUDGE RAWALD: Would October 11th be okay? 

MR. BROWN: Sure, I think -- if we 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'm doing 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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2 

3 

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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 send me 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, and how close are you, do you 

21 think? 

22 

23 

24 

MR. COLE: Are you asking me? It's Brent Cole. 

JUDGE RAWALD: Yes. Go ahead, Mr. Cole. 

MR. COLE: I personally believe we're going to 

25 settle the case. 

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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, your plan would be 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 be my client and the people 

2 who were working in his office that day. 

3 JUDGE RAWALD: Okay, to discuss basically what 

4 they saw happening that day? 

5 

6 

MR. COLE: Yep. 

JUDGE RAWALD: Okay. And it sounds like the FAA 

7 would not have to be 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 of what happened when 

11 Ms. Bryant asked for those records and whether 

12 Mr. Stanford (phonetic) was the one to give it to her 

13 and whatever 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 to make sure we 

21 understand how things are streamlined so when the case 

22 does happen, it will be easier. 

23 So, with all that in mind, how long do you folks 

24 think the case would take? 

25 Mr. Brown? 

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1 MR. BROWN: Well, having watched Mr. Cole and 

2 his cross examination, I would expect that Ms. Bryant 

3 would be on the stand for several hours, all total. My 

4 guess is that this would be a one-day hearing, but I've 

5 guessed wrong many 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 to make sure we have enough time. So, I would like to 

18 enjoy myself in the Kodiak environment there. So, okay. 

19 MR. BROWN: Judge, may I inquire, is it your 

20 standard practice -- in our NTSB cases, we typically do 

21 closing argument orally at the conclusion of the 

22 evidence, but Judge Goodwin had always had us 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'm an old trial 

3 lawyer, so I enjoy the -- I enjoy hearing oral argument, 

4 especially because it gives me the chance to engage with 

5 you orally and ask you questions that will help me to 

6 understand the case better and 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 would prefer to do, if the parties 

11 would deliver an oral closing argument to me and then 

12 would be prepared to answer questions from me to help me 

13 understand the case better, but then also, if the 

14 parties requested the opportunity to further answer my 

15 questions by submitting post-hearing briefs, that would 

16 be helpful. 

17 So, say I asked you a question and you said, 

18 Judge, I just don't know what to say about that, I 

19 haven't thought about that issue, let me go back and 

20 brief it, I would be amenable to that. That would be 

21 fine for me, and, in fact, it would probably help me in 

22 writing my opinion later on, 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-hearing brief if they have too much work to do, I 

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1 understand that as well, and I understand, especially 

2 from Mr. Cole's point of view, he's billing his client, 

3 and if he has to bill his client to write a brief, that 

4 could be an extra obligation on Mr. 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: A long answer to a short 

11 question. 

12 MR. BROWN: Well, that certainly means we're 

13 likely to 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 build in a little extra time just because 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 stay just because I want to talk 

22 more, and so having an extra day in there will give us 

23 the ability to make 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 the maximum would be 

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'm not 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 would be appropriate. 

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1 Obviously, you've told me the weather gets worse as we 

2 get further past October, so let me tell you this. My 

3 schedule looks pretty busy through December. So, if we 

4 were to have this case in January, would people 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 give me a 

9 second, Your Honor? I need to just 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 necessarily want 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 30th becomes more -- let me see, which 

22 case is that? I seem to have a lot going on in the last 

23 week of January. 

24 I'd prefer not to do it the first week of 

25 January because, as you can imagine, many people 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 really work for me either. So, that's fine. 

6 So, you were suggesting the week of January 23rd 

7 or you're saying that would be too troublesome and you 

8 would rather it push it to February? 

9 

10 

11 

MR. COLE: I'd rather push it to February. 

JUDGE RAWALD: Okay. 

MR. COLE: And I'm pretty 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 tentatively put 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 update me 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 by August 1st just 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? 

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18 

19 

20 

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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 should be faxed to your 

25 office, as long as I have your fax numbers. 

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1 Let me check to make 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 just make 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: And Mr. 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 today to 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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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 by August 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.) 

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CERTIFICATE OF REPORTER 

4 I, Karen L. Guy, do hereby certify that the 

5 foregoing proceedings were telephonically recorded by me 

6 and reduced to typewriting under my supervision; that I 

7 am neither counsel for, related to, nor employed by 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. 

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KAREN L. GUY, Digital Court Reporter 

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