UNITED STATES OF AMERICA

 DEPARTMENT OF TRANSPORTATION

 OFFICE OF HEARINGS

In The Matter Of:

GLOBAL AIRCRAFT CASE NO: FAA-2014-0324

INTERIORS INCORPORATED

Respondent

_____________________________________________________

 TELECONFERENCE HEARING BEFORE

 THE HONORABLE J.E. SULLIVAN

 MONDAY, NOVEMBER 24, 2014

 10:13 A.M.

 HISTORIC JORDAN SPRINGS

 1160 JORDAN SPRINGS ROAD

 JORDAN SPRINGS, VIRGINIA 22656
FAA - RE: Global Aircraft Interiors November 24, 2014 VR # 1679-1 Page 2

1 APPEARANCES

2 ON BEHALF OF THE PLAINTIFF,

3 FEDERAL AVIATION ADMINISTRATION:

4 ZACHARY M. BERMAN, ESQUIRE

5 OFFICE OF THE REGIONAL COUNSEL

6 FEDERAL AVIATION ADMINISTRATION

7 1 AVIATION PLAZA

8 JAMAICA, NEW YORK 11434

9 TELEPHONE: 718.553.3258

10 FACSIMILE: 718.995.5699

11

12

13 ON BEHALF OF THE DEFENDANT,

14 GLOBAL AIRCRAFT INTERIORS, INCORPORATED:

15 MR. SANDE E. LICHTENSTEIN, ESQUIRE

16 LICHTENSTEIN & SCHINDEL

17 158 WEST BOSTON POST ROAD

18 MAMORONECK, NEW YORK 10543

19 TELEPHONE: 914.698.3313

20 FACSIMILE: 914.698.3478

21

22

23

24

25
FAA - RE: Global Aircraft Interiors November 24, 2014 VR # 1679-1 Page 3

1 INDEX

2

3

4 (NO EXAMINATION)

5

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7 EXHIBITS

8 Exhibit Page

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11 (NONE MARKED)

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FAA - RE: Global Aircraft Interiors November 24, 2014 VR # 1679-1 Page 4

1 TELECONFERENCE

2 MONDAY, NOVEMBER 24, 2014

3 10:13 A.M.

4 THE COURT: We're on the record in the

5 matter of Global Aircraft Interiors, Inc. This is

6 docket number FAA-2014-0324. Today is Monday, November

7 24, 2014. And the parties have convened by telephone

8 for a litigation scheduling conference. The Federal

9 Aviation Administration, which I'll herein after refer

10 to as the FAA, is represented by its attorney of

11 record, Mr. Zachary M. Berman. The respondent, Global

12 Aircraft Interiors, Inc., is represented by its

13 attorney, Mr. Sande E. Lichtenstein. Good morning to

14 you both, counsel.

15 MR. BERMAN: Good morning, Your Honor.

16 THE COURT: Good morning, I will simply

17 note that I have, I probably should start with the

18 Rule 16 order. On October 7, 2014, there was an order

19 redirecting respondent to participate in Rule 26(f)

20 meeting and joint planning, and continuing the Rule 16

21 litigation scheduling conference to today's date and

22 time. Thereafter on November 19, 2014, the parties

23 filed a jointly proposed scheduling/discovery plan.

24 I've had a chance to review the discovery plan

25 counsel, and I just have a couple of questions for
FAA - RE: Global Aircraft Interiors November 24, 2014 VR # 1679-1 Page 5

1 you, which I'll first address to Mr. Berman. Mr.

2 Berman, on page two of your discovery plan, you have a

3 February 13, 2015, deadline for completing general

4 discovery. But then you say on the line immediately

5 following that, on or before January 15, 2015, the

6 parties shall finish responding and serving answers,

7 et cetera. Was that a typographical error? Is it meant

8 to be February 13, 2015?

9 MR. BERMAN: Yes, sorry about that.

10 THE COURT: And Mr. Lichtenstein, would

11 you agree with that?

12 MR. LICHTENSTEIN: Yes.

13 THE COURT: Okay. I have one or two

14 more questions for you. And it looks like we're going

15 to be done fairly quickly. On page one of the two page

16 proposed scheduling plan, you have a January 23, 2015,

17 deadline for expert witness disclosures. Typically

18 what I do is I set a deadline for the FAA to disclose

19 first and then a deadline for the respondent to

20 disclose after that. And that disclosure would

21 normally occur, of course, prior to the deadline for

22 completing general discovery. It looks to me like you

23 have just one deadline for both, a January 23,

24 deadline. If we accept January 23, 2015, as the

25 deadline for the FAA to file its witness disclosures,
FAA - RE: Global Aircraft Interiors November 24, 2014 VR # 1679-1 Page 6

1 essentially that puts the deadline fairly close in

2 time to the complete deadline of all discovery, but we

3 can do that. So for example, if January 23, 2015, is

4 the deadline for the FAA to disclose its expert

5 witnesses, we could set January 30 or February 6 for

6 the deadline for the respondent to disclose its

7 experts and still maintain a February 13, 2015,

8 deadline for all discovery to be complete. Mr. Berman,

9 what's your thought about that?

10 MR. BERMAN: Your Honor, I guess there

11 should be some additional time. I'm not sure if I

12 understand what you're proposing as opposed to what we

13 proposed.

14 THE COURT: You're the complaining

15 party.

16 MR. BERMAN: Right.

17 THE COURT: You have the burden of

18 proof to go forward. Typically if you are disclosing

19 an expert, the respondent would then look at your

20 expert and decide whether or not it needs to hire its

21 own expert or it can essentially draw out from your

22 expert any and all information that's needed. Most

23 often, not always, the plaintiff identifies its expert

24 witness first and then the respondent follows. But in

25 this case, if the parties want to identify their
FAA - RE: Global Aircraft Interiors November 24, 2014 VR # 1679-1 Page 7

1 experts simultaneously, I'm happy to do that. I just

2 want to make sure that I understand that's your

3 intent.

4 MR. BERMAN: I'm fine either way with -

5 -

6 THE COURT: Okay.

7 MR. LICHTENSTEIN: I would like to go

8 the other way. Let them do first and then we'll see if

9 they're okay.

10 THE COURT: Okay. If we stick with

11 January 23, 2015, for the FAA's disclosures of any

12 experts, then Mr. Berman, would you prefer, what's the

13 due date for the respondent to disclose its witnesses?

14 What do you think would work for you? And then I will

15 ask the same question of Mr. Lichtenstein.

16 MR. BERMAN: I would say two weeks

17 would be a reasonable amount of time.

18 THE COURT: Okay. So that would be

19 about February 6, 2015. Mr. Lichtenstein, what's your

20 thought about that?

21 MR. LICHTENSTEIN: That's fine. And

22 then we could have another two weeks to do ours and

23 we'll be good.

24 THE COURT: Will that be --

25 MR. LICHTENSTEIN: If that works for
FAA - RE: Global Aircraft Interiors November 24, 2014 VR # 1679-1 Page 8

1 the Court.

2 THE COURT: Yes. That would be your

3 deadline, February 6, 2015.

4 MR. LICHTENSTEIN: Yes.

5 THE COURT: Okay. So if we have

6 February 6, 2015 for the respondent to disclose its

7 experts, if any. My suggestion to you would be either

8 to keep the February 13, 2015 deadline for completing

9 discovery or push it out one more week. Mr. Berman, do

10 you have a preference?

11 MR. BERMAN: I think I would be okay

12 with just sticking with the February 13, deadline.

13 THE COURT: Okay. Mr. Lichtenstein, how

14 about you?

15 MR. LICHTENSTEIN: I guess I would

16 rather push it out a week, but I'll go along with

17 whatever the Court wants to do.

18 THE COURT: I have no preference. So

19 it's up to the two of you. If you have --

20 MR. BERMAN: Your Honor, if he wants to

21 push it, I don't --

22 THE COURT: You don't care, Mr. Berman?

23 MR. BERMAN: Yes. I have no problem

24 with pushing it out a week to --

25 THE COURT: Then let's put the deadline
FAA - RE: Global Aircraft Interiors November 24, 2014 VR # 1679-1 Page 9

1 for completing general discovery as February 20, 2015.

2 That leaves us with a March 6, 2015 deadline for

3 filing dispositive motions; March 26, 2015 deadline

4 for filing an answer to dispositive motion; and April

5 9, 2015 for filing a reply. In terms of setting oral

6 argument on the dispositive motion, I actually will be

7 in a conference on the 23rd of April 2015. So I could

8 either hear the matter the week before or on Monday or

9 Tuesday the week of April 20. So the week of April 12

10 is wide open for me. I'm going to suggest maybe April

11 16 to you or April 20, April 21 as possible dates

12 around your proposed April 23 date, which I'm not

13 available for. Mr. Berman, do you have a preference?

14 MR. BERMAN: Just looking up my

15 calendar here. Would you mind just repeating the dates

16 that proposed?

17 THE COURT: Sure. I'm proposing April

18 20, April 21 or April 13, 14, 15 or 16.

19 MR. BERMAN: I'd say any of those --

20 MR. LICHTENSTEIN: Nobody wants the

21 15th, that's tax day.

22 THE COURT: Oh, no, Mr. Lichtenstein

23 has indicated a certain preference. Mr. Berman, back

24 to you.

25 MR. BERMAN: Okay. I'd say any of those
FAA - RE: Global Aircraft Interiors November 24, 2014 VR # 1679-1 Page 10

1 days would be fine.

2 THE COURT: Okay. Mr. Lichtenstein,

3 since the 15th is not preferred by you, is there any

4 other blackout date that you want to --

5 MR. LICHTENSTEIN: That's the only

6 blackout date. That's the only blackout date but I'd

7 rather not have a Monday or Friday so maybe the 21st

8 would be better.

9 THE COURT: How about, why don't we try

10 for the 16th, which is a Thursday.

11 MR. BERMAN: That's fine.

12 THE COURT: And let's plan on 10:00 to

13 11:30 Eastern Time. I'll note that if no dispositive

14 motions are filed, I will be converting the time

15 automatically into a prehearing status conference. So

16 please calendar it and keep it on your calendars no

17 matter what. And this will again be, obviously that

18 will be included in the litigation order that I'll

19 send out.

20 MR. BERMAN: Okay.

21 THE COURT: Is April 16, 2015, I'm

22 gonna suggest that we push out the date for filing a

23 list of witnesses and the exchange of exhibits just a

24 little bit so that you give me enough time to send out

25 an order if dispositive motions are filed. So you
FAA - RE: Global Aircraft Interiors November 24, 2014 VR # 1679-1 Page 11

1 don't have to do work that would not have been

2 necessary if the dispositive motions are in any way

3 successful. How about if we say, instead of May 7,

4 2015, May 14, 2015?

5 MR. BERMAN: May 14, that's fine.

6 THE COURT: Mr. Berman, would that be

7 acceptable to you?

8 MR. BERMAN: Yes.

9 THE COURT: And Mr. Lichtenstein?

10 MR. LICHTENSTEIN: That's fine.

11 THE COURT: Okay. And then surprisingly

12 enough I actually have time available on your

13 suggested dates of June 23, June 24. I will reserve

14 those for your case, which means June 22 and June 25

15 are travel days for any of us who are traveling from

16 out of town. And as you may or may not know, sometimes

17 we have some difficulty getting hearing space, a

18 courtroom right in downtown New York. And if that's

19 so, we always consider either Islip or Newark, New

20 Jersey as alternatives. I won't be looking for a

21 courtroom space right now. That'll come probably in

22 early 2015. But, if we find we're having trouble with

23 the downtown area, we'll go to Islip or to Newark and

24 then let you know. But for the time being the hearing

25 will in New York, New York unless we have trouble. So
FAA - RE: Global Aircraft Interiors November 24, 2014 VR # 1679-1 Page 12

1 with that, on behalf of the FAA, Mr. Berman, is there

2 anything else we need to cover today for your client

3 in terms of the schedule itself?

4 MR. BERMAN: No, Your Honor. Thank you.

5 THE COURT: Okay. Mr. Lichtenstein, on

6 behalf of your client, anything we need to cover?

7 MR. LICHTENSTEIN: No, I think we've

8 covered it pretty well.

9 THE COURT: Okay.

10 MR. LICHTENSTEIN: We're good.

11 THE COURT: Thank you. You'll note that

12 in the interlocutory order that I send out, I'm sorry,

13 in the litigation order that I send out, there'll be

14 information about how to file for a motion in the

15 interim; how to get back up on my calendar if you need

16 my assistance in any way, shape or form, how to mark

17 exhibits, how many to bring, what to do if an attorney

18 wants to withdraw and so forth. But all of that should

19 be fairly clearly delineated for your perusal once you

20 receive the order. And the order is no more than five

21 pages long, so it's not onerous to read, hopefully.

22 MR. BERMAN: Okay.

23 THE COURT: If it is onerous to read,

24 be sure and let Mr. Smith know what suggestions you

25 have for clarity. And his name and phone number will
FAA - RE: Global Aircraft Interiors November 24, 2014 VR # 1679-1 Page 13

1 be on the last page of the order. Mr. Berman, is there

2 anything else we need to address before we close

3 today?

4 MR. BERMAN: No, no, thank you.

5 THE COURT: And Mr. Lichtenstein?

6 MR. LICHTENSTEIN: No, I think we're

7 good.

8 THE COURT: Okay. Thank you.

9 MR. LICHTENSTEIN: Will that order come

10 by email or hard copies?

11 THE COURT: It will be by fax if you

12 have provided a fax number and it will be --

13 MR. LICHTENSTEIN: I believe we did.

14 THE COURT: Yes. It will be by US Mail.

15 So let me just double check and see if we have, we do

16 not have a fax number for you, sir. Do you have one

17 you'd like us --

18 MR. LICHTENSTEIN: Sure. 914-698-3478.

19 THE COURT: Okay. We'll have our

20 service list updated. And I'll just repeat that so

21 that I have it correctly. 914-698-3478.

22 MR. LICHTENSTEIN: Correct.

23 THE COURT: Okay. Then this should go

24 out either today or tomorrow at the very latest. In

25 the meantime, I want to wish you both a very happy
FAA - RE: Global Aircraft Interiors November 24, 2014 VR # 1679-1 Page 14

1 Thanksgiving and good luck with your --

2 MR. LICHTENSTEIN: You, too.

3 THE COURT: -- discussion.

4 MR. LICHTENSTEIN: Thank you.

5 THE COURT: Thank you. We can go off

6 the record.

7 (WHEREUPON, the teleconference was concluded at 10:49

8 a.m.)

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FAA - RE: Global Aircraft Interiors November 24, 2014 VR # 1679-1 Page 15

1 STIPULATION

2

3 The foregoing matter was taken on the date, and at

4 the time and place set out on the title page hereof.

5

6 It was requested that the matter be taken by the

7 reporter and that the same be reduced to typewritten

8 form.

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CERTIFICATE OF REPORTER AND SECURE ENCRYPTED

I, Suzanne W. Gonazales, Notary Public, do hereby

 certify that the foregoing matter was reported by 

 stenographic and/or mechanical means, that same was 

 reduced to written form, that the transcript prepared 

 by me or under my direction, is a true and accurate 

This transcript and certificate have been digitally

 or otherwise interest in the action filed or its outcome.

 record of same to the best of my knowledge and ability; 

 or counsel employed by the parties hereto, nor financial

 that there is no relation nor employment by any attorney 

Court Reporter / Notary

SIGNATURE AND DELIVERY OF CERTIFIED TRANSCRIPT

 signed and securely delivered through our encryption

 server.

IN WITNESS HEREOF, I have here unto set my hand 

 this day of , .

Notary Registration Number: 7060068

My Commission Expires: 

Suzanne W. Gonzales

5th

02/28/2018

December 2014
FAA - RE: Global Aircraft Interiors November 24, 2014 VR # 1679-1 Page 17

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proposed 4:23

5:16 6:13

9:12 9:16

proposing

6:12 9:17

provided

13:12

push 8:9 8:16

8:21 10:22

pushing 8:24

puts 6:1

Q

question 7:15

questions

4:25 5:14

quickly 5:15

R

rather 8:16

10:7

reasonable

7:17

receive 12:20

record 4:4

4:11 14:6

redirecting

4:19

refer 4:9

repeat 13:20

repeating

9:15

reply 9:5

represented

4:10 4:12

reserve 11:13

respondent

4:11 4:19

5:19 6:6

6:19 6:24

7:13 8:6

responding

5:6

review 4:24

Rule 4:18

4:19 4:20
FAA - RE: Global Aircraft Interiors November 24, 2014 VR # 1679-1 Page 21

S

Sande 4:13

schedule 12:3

scheduling

4:8 4:21

5:16

scheduling/

discovery

4:23

send 10:19

10:24 12:12

12:13

service 13:20

serving 5:6

setting 9:5

shape 12:16

simply 4:16

simultaneousl

y 7:1

sir 13:16

Smith 12:24

sorry 5:9

12:12

space 11:17

11:21

start 4:17

status 10:15

stick 7:10

sticking 8:12

successful

11:3

suggest

9:10 10:22

suggested

11:13

suggestion

8:7

suggestions

12:24

sure 6:11 7:2

9:17

12:24 13:18

surprisingly

11:11

T

tax 9:21

teleconferenc

e 4:1 14:7

telephone 4:7

terms 9:5

12:3

thank 12:4

12:11

13:4 13:8

14:4 14:5

Thanksgiving

14:1

That'll 11:21

Thereafter

4:22

there'll

12:13

they're 7:9

Thursday

10:10

today 4:6

12:2 13:3

13:24

today's 4:21

tomorrow

13:24

town 11:16

travel 11:15

traveling

11:15

trouble 11:22

11:25

try 10:9

Tuesday 9:9

Typically

5:17 6:18

typographical

5:7

U

understand

6:12 7:2

unless 11:25

updated 13:20

W

week 8:9 8:16

8:24 9:8

9:9 9:9

weeks 7:16

7:22

we'll 7:8

7:23

11:23 13:19

we're 4:4

5:14

11:22 12:10

13:6

we've 12:7

whatever 8:17

WHEREUPON

14:7

whether 6:20

wide 9:10

wish 13:25

withdraw

12:18

witness

5:17 5:25

6:24

witnesses 6:5

7:13 10:23

work 7:14

11:1

works 7:25

Y

York 11:18

11:25 11:25

You'll 12:11

Z

Zachary 4:11