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 

RECEIVED 

OCT 0 9 2014 

HEARING DOCKET 

ORIGINAL 

NEAL R. GROSS 

1 

(202) 234-4433 

COURT REPORTERS AND TRANSCRIBERS 

1323 RHODE ISLAND AVE., N.W. 

WASHINGTON, D.C. 20005-3701 (202) 234-4433 
APPEARANCES: 

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 

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(202) 234-4433 

COURT REPORTERS AND TRANSCRIBERS 

1323 RHODE ISLAND AVE., N.W. 

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

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1 preliminary matters leading up 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 initiated by 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 

2 0 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 

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1 both of you, starting with you, Mr. McKinley. 

2 This particular conference was originally set 

3 up for dispositive motions, 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 

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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 merely just 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 

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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 

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1 order based on what we 1 ve 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 1 t need 

6 anything further, Your Honor. Thank you. 

7 JUDGE SULLIVAN: Okay. Mr. 

8 Affinito? 

9 MR. AFFINITO: We don 1 t 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 

NEAL R. GROSS 

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Neal R. Gross and Co., Inc. 

202-234-4433 Washington DC www.nealrgross.com 
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Neal R. Gross and Co., Inc. 

202-234-4433 Washington DC www.nealrgross.com 
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C E R T I F I C A T E 

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 REPORTERS AND TRANSCRIBERS 

1323 RHODE ISLAND AVE., N.W. 

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