# [1 O:tiGINAL ·TRANSCRIPTOFPROCEEDINGS

•.IN THE MATTER OF:

BRENDAN AIRWAYS, LLC FAA-2012-0020

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## AUG-62012 Place: Washington, D.C. 

## HEARING

# DOCKET Date: July 23, 2012 

## HERITAGEREPORTINGCORPORATION OfficialReporters 1220LStreet,N.W.,Suite600 Washington,D.C. 20005-4018 (202)628-4888 contracts@hrccourtreporters.com1 UNITED STATES DEPARTMENT OF TRANSPORTATION IN THE MATTER OF: FAA-2012-0020 BRENDAN AIRWAYS, LLC

1:33 p.m. Suite 600, Conference Room Heritage Reporting Corporation 1220 L Street, N.W. Washington, D.C. Monday, July 23, 2012 The parties met, pursuant to the notice, at

BEFORE: HONORABLE J.E. SULLIVAN Administrative Law Judge APPEARANCES: (Via Telephone) On Behalf of Complainant: ZACHARY M. BERMAN, Esquire Federal AviationAdministration Office of Regional Counsel Eastern Region 1 Aviation Plaza Jamaica, New York 11434 On Behalf of Respondent: JASON DICKSTEIN, Esquire Washington Aviation Group 2233 WisconsinAvenue, N.W., Suite 503 Washington, D.C. 20007 (202) 628-6776

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Heritage Reporting Corporation (202) 628-48881 2 (1:33 p.m.) 3 JUDGE SULLIVAN: We're on the record in the 4 matter of BrendanAirways, LLC. This is Docket No. 5 FAA-2012-0020. Today is Monday, July 23, 2012, and 6 the parties have convened for a 1:30 p.m. litigation 7 scheduling conference. The FAA attorney, ZacharyM. 8 Berman, is present and appearing by telephone. The 9 Respondent's attorney, JasonDickstein, is present and 10 appearingby telephone. Alsopresent, sitting as an 11 observer, is Cody L. Smith, an attorneywho works at 12 the Office of Hearings. Good afternoon, counsel. 13 ALL: Good afternoon. 14 JUDGE SULLIVAN: Mr. Dickstein, I believe 15 congratulations are inorderto you. I believeyou 16 last toldus that today is your wedding anniversary, 17 so we should start out congratulatingyou. 18 MR. DICKSTEIN: Thank you, Your Honor. 19 JUDGE SULLIVAN: Now let's talk about what's 20 going tobe going on today. As I recall, whenwe last 21 convened onWednesday, June 27, 2012, Mr. Dickstein, 22 you were tellingus that your client had discontinued 23 operations inJanuary 2012 and was in the process of 24 surrendering its business certificate. You had also 25 indicated that you didn't think that your client was HeritageReporting Corporation (202) 628-4888 21 going tobe able to pursue this matter through 2 litigation, andyou were going to see if you could 3 work something out withMr. Berman andyour client. 4 Canyou tell me if those discussions were 5 fruitful in any way and, if so, where do you want to 6 go with this conference today? 7 MR. DICKSTEIN: Well, I feel that the 8 conversations have been fruitful in the sense that 9 we're definitelymoving forward. We had shared the 10 business's financials with the administrator, and 11 we've also made an offer of what we canput forward as 12 far as settlement. The administrator is still 13 reviewing our financials. I understand that theyhave 14 their internal processes that theymust go through. 15 And actuallyone of the discussions that we 16 hadhadwas to request an additional month to continue 17 the discussions in the hopes that the discussions can 18 be concluded and we would not have to take up anymore 19 of the Court's valuable time. 20 JUDGE SULLIVAN: Mr. Berman, what's your 21 positionon that? 22 MR. BERMAN: I'mof the same position. We 23 spoke earlier today, andMr. Dicksteinmade some sort 24 of settlement offer, I guess more like a nature of a 25 tentative settlement offer, but we needmore time to Heritage Reporting Corporation (202) 628-4888 31 assess this offer. And I spoke with Mr. Dickstein and 2 we agree that it wouldbe appropriate to ask for 30 3 days' more time to give us some more time to discuss 4 settlement andhopefullyreach a resolution. 5 JUDGE SULLIVAN: Okay. Let's double-check 6 and see how many conferences we've had. So it looks 7 according to my calendar, and, counsel, I'll askyou 8 to correct me if I've miscounted, that this is our 9 only second litigation scheduling conference at this 10 point. Does that soundright to you, Mr. Berman? 11 MR. BERMAN: It sounds right. 12 JUDGE SULLIVAN: And Mr. Dickstein? 13 MR. DICKSTEIN: Yes, ma'am. 14 JUDGE SULLIVAN: Okay. Then I'dbe happy to 15 grant the parties' joint request for a continuance. 16 Why don't we look at our calendars and talk about a 17 time that's convenient to everyone. Mr. Berman, do 18 you have a wedding anniversary comingup that you'd 19 like to schedule this on? 20 MR. BERMAN: Well, no, that's not until 21 September actually, but we actually discussed this 22 also. I discussed this withMr. Dickstein, andwe 23 came up with two dates in lateAugust. 24 JUDGE SULLIVAN: Okay. 25 MR. BERMAN: I think actuallyone in I think Heritage Reporting Corporation (202) 628-4888 41 late August and one early September. 2 JUDGE SULLIVAN: Okay. Why don't you give 3 me bothand I'll check onmy calendar. 4 MR. BERMAN: Yes. 5 MR. DICKSTEIN: I believe we discussed the 6 fact that we're available on the 28thor 29th in 7 August, and we are also available on the 4th of 8 September. 9 MR. BERMAN: Right. That's correct. 10 JUDGE SULLIVAN: I will be inTampa, 11 Florida, the week of August 27 throughAugust 31, 12 2012, so that week is out for me, and then I thought I 13 would take the luxuryof the day off onSeptember 4, 14 which is the day afterLaborDay. Do you want to look 15 at your calendars and see if you can find something a 16 little farther out than September4 for me? 17 MR. DICKSTEIN: I'm available on the 7th, 18 which is the Fridayof that week afterLabor Day. 19 JUDGE SULLIVAN: Okay. And that sounded 20 like Mr. Dickstein to me, so I'm going to turn to you, 21 Mr. Berman. If I recall, you take a flex day on 22 Fridays, is that right? 23 24 Fridays. 25 MR. BERMAN: Actually I don't work on

JUDGE SULLIVAN: Okay. Then let's stick Heritage Reporting Corporation (202) 628-4888 51 with you, Mr. Berman. In terms of your scheduling and 2 your time availability, canyou give us a couple 3 different days in Septemberwhere you have some 4 flexibility for a followup litigation scheduling 5 conference? 6 MR. BERMAN: Okay. I'd sayanytime between 7 September 10 through the 13th, the 20th, the 24th or 8 the 27th. 9 JUDGE SULLIVAN: Okay. Mr. Dickstein, 10 startingwithyou, I will be out of the office through 11 September 12, so I have September 13 available. I 12 also have most of September 20 and thenmost of 13 September 27 open. Do any of those dates work for you 14 onyour calendar? 15 MR. DICKSTEIN: The 27thwouldbe great with 16 me. 17 JUDGE SULLIVAN: Okay. Mr. Berman, on the 18 27th, do youhave anyblackout times, or canwe set 19 this at our leisure? 20 MR. BERMAN: I just want to check one thing 21 here. Actually I'mnot available. That's a holiday, 22 a religious holiday, Thursday, September 27. 23 JUDGE SULLIVAN: Okay. So, Mr. Dickstein, 24 let me turnback to you. Do you have anything openon 25 Thursday, the 20th? Heritage-Reporting Corporation (202) 628-4888 6i

1 MR. BERMAN: Actually I misspoke. I will be 2 available on the 27th. The holiday is on the 26th. 3 JUDGE SULLIVAN: Okay. So, Mr. Berman, it 4 sounds like the 27th suddenlyreappeared onyour 5 calendar as a possibility? 6 MR. BERMAN: Yes, that's correct. 7 JUDGE SULLIVAN: Okay. Then, turning to 8 you, Mr. Dickstein, do you have a preference in terms 9 of time on the 27th? 10 MR. DICKSTEIN: On my calendar, I'm entirely 11 open, and I have to apologize, I don't have the 12 holidays onmy calendar, so my wife might have yelled 13 at me if I had scheduled something for the holidays. 14 JUDGE SULLIVAN: Okay. Mr. Berman, just so 15 that we know, what holiday are you talking about for 16 September 26, 2012? 17 MR. BERMAN: Yom Kippur, which starts on the 18 evening of the 25th of September and ends on the 19 evening of the 26th, so we're okay for the 27th. 20 JUDGE SULLIVAN: Okay. Mr. Berman, is there 21 any time on the 27th that's betteror worse for you? 22 MR. BERMAN: I'm flexible for that day. 23 JUDGE SULLIVAN: Okay. How about if we set 24 this for 10 a.m. Eastern time on September 27? 25 MR. BERMAN: Okay. Heritage Reporting Corporation (202) 628-4888 71 JUDGE SULLIVAN: And then1 counsel/ if you 2 do reach a settlement/ please letme know so that I 3 have plenty of time to cancel the court reporter 4 without incurring late penalty fees 1 which theydo 5 have a right to assess against us if we don1t let them 6 know ahead of time. So I will send out a notice to 7 both of you regarding the new date and time 1 which is 8 Thursday1 September 27 1 2012 1 at 10 a.m. Eastern time. 9 And in the meantime 1 I wishyou good luck in 10 your private negotiations. With that 1 onbehalf of 11 the FAA1 Mr. Berman1 is there anything else you 1d like 12 to add or correct the record onbehalf of your client? 13 MR. BERMAN: N0 1 Judge. 14 JUDGE SULLIVAN: And1 Mr. Dickstein1 15 anything you would like to add or correct onbehalf of 16 your client? 17 MR. DICKSTEIN: No 1 Your Honor. Thank you 18 verymuch. 19 JUDGE SULLIVAN: Okay. Thank you both very 20 much for your appearance today. It appears our 21 business is complete. We can go off the record1 and I 22 wishyou all a good day. 23 (Whereupon1 at 1:42p.m. 1 the litigation 24 scheduling conference in the above-entitledmatter was 25 concluded.) Heritage Reporting Corporation (202) 628-4888 8REPORTER'S CERTIFICATE

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I herebycertifythat the proceedings and evidence are containedfullyandaccuratelyon the tapes andnotes reportedbyme at the hearing in the above case before

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Date:

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OfficialReporter HeritageReporting Corporation Suite 600 1220 LStreet, N.W. Washington, D.C. 

### 20005-4018

Heritage ReportingCorporation (202) 628-4888