UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS

IN THE MATTER OF: MTI TRAVEL, INC. FDMS No. FAA-2014-0110 Respondent
Wednesday, September 23, 2014

The teleconference convened, pursuant to notice, at 10:04 a.m. BEFORE: THE HONORABLE J. E. SULLIVAN, Administrative Law Judge 

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## ORIGINAL

NEAL R. GROSS 1

(202) 234-4433 COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W. WASHINGTON, D.C. 20005-3701 (202) 234-4433APPEARANCES:
On Behalf of the Complainant: MICHAEL F. McKINLEY, ESQ of: Federal Aviation Administration 800 Independence Avenue, S.W. Washington, DC 20591 202-267-7100
On Behalf of the Respondent: DAVID P. AFFINITO, ESQ of: Dell'Italia, Affinito 

### & Santola 18 Tony Galento Plaza Orange, NJ 07050 973-672-8000

NEAL R. GROSS 2

(202) 234-4433 COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLANDAVE., N.W. WASHINGTON, D.C. 20005-3701 (202) 234-44333 1 P-R-0-C-E-E-D-I-N-G-S 2 10:04 a.m. 3 JUDGE SULLIVAN: Okay. We're on the 4 record in the matter of MTI Travel, Inc. This 5 is Docket Number FAA-2014-0110. Today is 6 Tuesday, September23rd, 2014, and the parties 7 have convened for a pre-hearing status 8 conference. 9 The FAA is represented by its 10 Attorney of Record, Mr. Michael F. McKinley. 11 The Respondent, MTI Travel, Inc. lS 12 represented by its Attorney of Record, Mr. 13 David P. Affinito. Good morning, counsel. 14 MR. AFFINITO: Good morning, Your 15 Honor. 16 MR. McKINLEY: Good morning, Your 17 Honor. 18 JUDGE SULLIVAN: As you may recall, 19 we last convened on June 3rd, 2014 for a Rule 20 16 litigation scheduling conference. At that 21 time, the parties engaged in a lengthy 22 discussion about how to address all of the

NEAL R. GROSS (202) 234-4433 COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLANDAVE., N.W. WASHINGTON, D.C. 20005-3701 (202) 234-44334 1 preliminarymatters leadingup to a hearing in 2 this case. A June 3rd, 2014 order setting 3 litigation dates and procedures based on the 4 parties' agreement was filed after that 5 conference was over. 6 We did have a little difficulty 7 then at the Office of Hearings finding a 8 hearing spot, and as a result, on September 9 8th, 2014 an order resetting the hearing was 10 filed after ex parte communication was 11 initiatedby my office staff with both counsel 12 on these proceedings. So, we do have a new 13 hearing schedule of November 5, 2014, and 14 November 6, 2014. That's different from the 15 dates that were originally contained in the 16 June 3rd, 2014 order. 17 Hopefully, both of you have since 18 received the September 9, 2014 Notice of 19 Hearing Location setting our hearing location 20 as the U.S. District Court in the District of 21 New Jersey in Newark, New Jersey. 22 So, let just chat briefly with

NEAL R. GROSS (202) 234-4433 COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLANDAVE., N.W. WASHINGTON, D.C. 20005-3701 (202) 234-44335 1 both of you, starting with you, Mr. McKinley. 2 This particular conference was originally set 3 up for dispositivemotions, if any were filed. 4 As you're aware, none were filed by either 5 party. Is there any matter that still is left 6 to be addressed for your client, or for the 7 parties that you know of before we see each 8 other in November for the hearing? 9 MR. McKINLEY: Nothing of a 10 dispositive nature, Judge. We-- both parties 11 are working on preparing stipulations and 12 witness lists that are due on October 3rd. And 13 we've already come to an agreement as to which 14 documents we will stipulate to, and I believe 15 which witnesses. So, other than submitting 16 that on October 3rd in accordance with your 17 order, there's nothing further from here. 18 JUDGE SULLIVAN: Okay. Mr. 19 Affinito, is there anything that your client 20 needs that we should address today? 21 MR. AFFINITO: Your Honor, nothing 22 else. I concur with Mr. McKinley. I will have

NEAL R. GROSS (202) 234-4433 COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W. WASHINGTON, D.C. 20005-3701 (202) 234-44336 1 a list of documents for him by the 3rd, and 2 all those documents have been attached to our 3 discovery, so it's merelyjust numbering them. 4 JUDGE SULLIVAN: Okay. And I would 5 also note for both of you that the copy of the 6 exhibits that's filed with me does need to 7 have an index cover sheet, so be sure and have 8 that included in your list of exhibits when 9 you file it with the Court. 10 And I'll start with you, Mr. 11 McKinley. We had originally scheduled this 12 hearing for two days. Do you still need a two13 day time frame just to be on the safe side? 14 MR. McKINLEY: On the safe side, 15 yes. I don't believe that we'll need anything 16 more than probably a half to three-quarters of 17 the first day. 18 JUDGE SULLIVAN: Okay. We'll keep 19 that two-day time just in case. 20 Mr. Affinito, anything else you'd 21 like to add to that in terms of the timing of 22 the hearing?

NEAL R. GROSS (202) 234-4433 COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLANDAVE.• N.W. WASHINGTON. D.C. 20005-3701 (202) 234-44337 1 MR. AFFINITO: No, I think that's 2 accurate, Your Honor. 3 JUDGE SULLIVAN: Okay. Then it 4 appears that there's nothing else for us to do 5 unless, starting with you, Mr. McKinley, 6 there's any other matter that needs to be 7 addressed. 8 MR. McKINLEY: No, Judge. Thank 9 you. 10 JUDGE SULLIVAN: And Mr. Affinito? 11 MR. AFFINITO: I can't think of any 12 right now, Your Honor. 13 JUDGE SULLIVAN: Okay. Well, thank 14 you both very much. I look forward to seeing 15 you in November in New Jersey, and I'll also 16 look forward to getting your materials. If 17 anything else does come up between now and 18 then, please feel free to contact my office. 19 I think you both are familiar with Mr. Smith 20 who works with me on these cases, and how to 21 reach him. 22 I will not be sending out any

NEAL R. GROSS (202) 234-4433 COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W. WASHINGTON, D.C. 20005·3701 (202) 234-44338 1 order based on what we 1ve discussed today. I 2 think the record itself will be sufficient, 3 unless either of the parties disagrees, 4 starting with you, Mr. McKinley. 5 MR. McKINLEY: No, we don 1t need 6 anything further, Your Honor. Thank you. 7 JUDGE SULLIVAN: Okay. Mr. 8 Affinito? 9 MR. AFFINITO: We don 1t need 10 anything further either. Thank you. 11 JUDGE SULLIVAN: Okay. And I thank 12 you both very much. It appears that our 13 business is complete. I 1 11 wish you a good day 14 and good luck with your further proceedings. 15 With that, we can go off the record. Thank you 16 both. 17 MR. McKINLEY: Thank you, Judge. 18 JUDGE SULLIVAN: Bye-bye. 19 MR. McKINLEY: Bye. 20 (Whereupon, the above-entitled 21 matter went off the record at 10:09 a.m.) 22

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This is to certify that the foregoing transcript

In the matter of: MTI Travel, INC.

Before: Office of Hearings

Date: September 23, 2014

Place: Washington, D.C.

was duly recorded and accurately transcribed under my direction; further, that said transcript is a true and accurate record of the proceedings.

(202) 2344433 Court Reporter

NEAL R. GROSS COURT REPORTERSAND TRANSCRIBERS 1323 RHODE ISLANDAVE., N.W. WASHINGTON, D.C. 20005·3701 www.nealrgross.com