UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS In The Matter Of: GLOBAL AIRCRAFT CASE NO: FAA-2014-0324 INTERIORS INCORPORATED Respondent

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

1 APPE ARANCES 2 ON B EHALF OF THE PLAINTIFF, 3 FEDE RAL AVIATION ADMINISTRATION: 4 ZAC HARY M. BERMAN, ESQUIRE 5 OFF ICE OF THE REGIONAL COUNSEL 6 FEDE RAL AVIATION ADMINISTRATION 7 1 AV IATION PLAZA 8 JAM AICA, NEW YORK 11434 9 TEL EPHO NE: 718 .553.3258 10 FAC SIMI LE: 718 .995.5699 11 12 13 ON B EHALF OF THE DEFENDANT, 14 GLOBAL AIRCRAFT INTERIORS, INCORPORATED: 15 MR. SANDE E. LICHTENSTEIN, ESQUIRE 16 LICH TENSTEIN & SCHINDEL 17 158 WEST BOSTON POST ROAD 18 MAM ORONECK, NEW YORK 10543 19 TEL EPHO NE: 914 .698.3313 20 FAC SIMI LE: 914 .698.3478 21 22 23 24 25FAA - RE: Global Aircraft Interiors November 24, 2014 VR # 1679-1 Page 3

1 INDEX 2 3 4 (NO EXAMINATION) 5 6 7 EXHIBITS 8 Exhibit Page 9 10 11 (NONE MARKED) 12 13 14 15 16 17 18 19 20 21 22 23 24 25FAA - 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 forFAA - 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 theirFAA - 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 forFAA - 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 deadlineFAA - 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 thoseFAA - 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 youFAA - 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. SoFAA - 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 willFAA - 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 happyFAA - 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.) 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25FAA - 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. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 251 2 3 4

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25 24 23 22 **CERTIFICATE OF REPORTER AND SECURE ENCRYPTED**

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