UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

IN THE MATTER OF: 

AIRBORNE MAINTENANCE AND 

ENGINEERING SERVICES, 

FDMS No. 

FAA-2013-0291 

Respondent 

Monday, 

June 23, 2014 

The teleconference 

pursuant to notice, at 10:00 a.m. 

BEFORE: 

THE HONORABLE J.E. Sullivan, 

Administrative Law Judge 

convened, 

\V D 

HEARING DOCKET 

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: 

CHRISTOPHER R. STEVENSON, ESQ. 

of: Office of the Regional Counsel, 

Southern Region 

Federal Aviation Administration 

P.O. Box 20636 

Atlanta, GA 30320 

(404) 305-5200 

On Behalf of the Respondent: 

ROBERT P. SILVERBERG, ESQ. 

of: Silverberg, Goldman & Bikoff, LLP 

Georgetown Place, Suite 120 

1101 30'h Street, N.W. 

Washington, D.C. 20007 

(202) 944-3300 

Also Present: 

CODY L. SMITH 

NEAL R. GROSS 

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1 P-R-0-C-E-E-D-I-N-G-S 

2 10:00 a.m. 

3 JUDGE SULLIVAN: We're on the 

4 record in the matter of Airborne Maintenance 

5 and Engineering Services. It's Docket No. 

6 FAA-2013-0291. 

7 Today is Monday, July 23, 2014 

8 and the parties have convened for a telephone 

9 conference. 

10 The FAA is represented by its 

11 attorney of record Mr. Christopher R. 

12 Stevenson. The respondent is represented by 

13 its attorney of record Mr. Robert P. 

14 Silverberg. 

15 Also appearing as an observer 

16 at the Office of Hearings is Mr. Cody L. 

17 Smith, an attorney advisor with this office. 

18 Good morning to you all. 

19 MR. SILVERBERG: Good morning. 

20 MR. STEVENSON: Good morning. 

21 JUDGE SULLIVAN: Good morning. 

22 I'll note that on June 18, 2014 an order 

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1 setting telephone conference was filed. This 

2 was subsequent to a June 17, 2014 revised Rule 

3 26 (f) schedule/discoveryplan that the parties 

4 jointly filed. 

5 And I will start with you, Mr. 

6 Stevenson, and then turn next to you, Mr. 

7 Silverberg. It's my understanding that the 

8 parties are seeking essentially to continue 

9 the hearing that's currently set in this case 

10 in October 2014 to approximately April or May 

11 2015. Is that right, Mr. Stevenson? 

12 MR. STEVENSON: Yes, Your 

13 Honor. 

14 JUDGE SULLIVAN: Okay. And, 

15 Mr. Silverberg, that's your understanding as 

16 well? 

17 MR. SILVERBERG: Yes, Your 

18 Honor, that's the schedule that we worked out 

19 with Mr. Stevenson prior to filing. 

20 JUDGE SULLIVAN: Okay. Then 

21 let's talk a little bit about that. 

22 I need to talk to you about the 

NEAL R. GROSS 

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1 January 13, 2015 proposed oral argument date 

2 that you have on page 2 of the June 17, 2014 

3 revised Rule 26(f) plan. 

4 And then also on that same page 

5 the April 2015 hearing dates. 

6 And based on what we come up 

7 with we may tinker a little bit with some of 

8 the other dates as well. 

9 Let's start then with the time 

10 frame of April 21 through the 24th, 2015. 

11 Amazingly enough, I actually 

12 already have something scheduled that week. 

13 So we need to talk a little bit about moving 

14 that just a pinch. 

15 MR. SILVERBERG: Of course, 

16 Your Honor. We obviously were not aware of 

17 your schedule at the time when we came up with 

18 this. 

19 JUDGE SULLIVAN: No, and I 

20 appreciate that. Actually it's much easier 

21 for me if you give me a date certain like 

22 this. And then if I have it available I can 

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1 reserve it immediately upon getting your 

2 material. 

3 If I already have something 

4 scheduled then, like we've done in this case, 

5 we get it on the calendar as fast as possible 

6 to talk about an alternate date. So what you 

7 did here was just perfect. 

8 MR. SILVERBERG: That's good to 

9 hear on a Monday morning. 

10 JUDGE SULLIVAN: Yes, that's 

11 right. 

12 So, I'm going to suggest some 

13 alternates and then we can look at our 

14 calendars and see what we think. 

15 I have the week prior to that 

16 which is the week of April 13, 2015. I also 

17 have the week of May 4, 2015 and anything 

18 beyond that. I have nothing scheduled after 

19 April 21 through the 24. 

20 So, starting with you, Mr. 

21 Stevenson, do you want to go a little earlier 

22 or a little later in the week that you had 

NEAL R. GROSS 

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1 originally proposed? 

2 MR. STEVENSON: The FAA is 

3 indifferent on that point. I am available 

4 both a little earlier and a little later than 

5 that. 

6 JUDGE SULLIVAN: Okay. Mr. 

7 Silverberg, turning next to you. Same 

8 question. 

9 MR. SILVERBERG: Yes, Your 

10 Honor. And I just want to refer to a holiday 

11 calendar here to make sure that I'm not 

12 putting myself in jeopardy with my family on 

13 those other dates. And it looks like there's 

14 no problem. 

15 JUDGE SULLIVAN: Do you have a 

16 preference? 

17 MR. SILVERBERG: Well, 

18 actually, I see there is a yes. The 

19 preference would probably be -- I guess I'm 

20 indifferent. 

21 JUDGE SULLIVAN: Okay. Can you 

22 tell me based on your calendar when the 

NEAL R. GROSS 

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1 holiday of Easter comes in April? 

2 MR. SILVERBERG: Regrettably I 

3 looked up the Jewish holiday calendar and 

4 Passover is on April 23-24 as I see it now, 

5 something I should have been observant to at 

6 the time. 

7 But I'd be happy to look that 

8 up for you. Hold on just one minute. 

9 JUDGE SULLIVAN: Oh no, that's 

10 okay. They're close enough in time. 

11 So let's do this. Let's avoid 

12 Passover and Easter issues and just set this 

13 for the week of May 4, 2015. 

14 MR. SILVERBERG: Very well. 

15 JUDGE SULLIVAN: And my 

16 recollection of this, and I'm going to take a 

17 look at my calendar really quickly, is that 

18 this is one of those cases that was going to 

19 involve several days of testimony. 

2 0 Right, there was four days that 

21 we had reserved with a hearing date starting 

22 on Tuesday ending at 5 p.m. on Friday. Do you 

NEAL R. GROSS 

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1 folks want to do the same kind of schedule for 

2 the May 2015 trial? Mr. Stevenson? 

3 MR. STEVENSON: I believe that 

4 would be a good idea, Your Honor. 

5 JUDGE SULLIVAN: Okay. And Mr. 

6 Silverberg? 

7 MR. SILVERBERG: Yes. I don't 

8 see any reason to change that at this point. 

9 Hopefully discovery and motions might limit 

10 the need for all four days. But that's 

11 something that's yet to be determined. 

12 JUDGE SULLIVAN: Okay. So 

13 we'll set this for May 5, 2015, May 6, 2015, 

14 May 7, 2015 and May 8, 2015 with travel dates 

15 on May 4, 2015 and Saturday, May 9, 2015. 

16 With that do you want to tweak 

17 a little bit the February and March 2015 dates 

18 that are on your proposed Rule 26 (f) plan? Or 

19 are those still acceptable to you? Mr. 

20 Stevenson. 

21 MR. STEVENSON: Generally 

22 they're still acceptable so I don't think it's 

NEAL R. GROSS 

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1 necessary to tweak them. But I think it would 

2 be I guess easier and more in the normal flow 

3 of litigation if those were a little closer to 

4 the hearing dates we've decided on. 

5 JUDGE SULLIVAN: Do you have 

6 any proposal or do you want to keep them as is 

7 for now? 

8 MR. STEVENSON: Well, if I 

9 could hear whether or not Mr. Silverberg has 

10 any opinion on the matter. 

11 JUDGE SULLIVAN: Sure. Mr. 

12 Silverberg? 

13 MR. SILVERBERG: I suppose we 

14 could 1 i ve with them the way they are now, or 

15 having pushed everything by, what, 20 -- a 

16 week. Well, it's a little more than a week, 

17 isn't it? I mean, they could be moved 

18 slightly. I don't have a 2015 calendar in 

19 front of me. They could be moved, but if they 

20 remained the same we can live with that. 

21 JUDGE SULLIVAN: Okay. Why 

22 don't I do this? Why don' t I change the 

NEAL R. GROSS 

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1 February 19 date and push it out to March 5, 

2 2015. And then the March 12, 2015 date we'll 

3 move to March 26, 2015. And then we can keep 

4 everything else about the same. 

5 With the January 2015 oral 

6 argument we just need to talk about a time. 

7 MR. SILVERBERG: I'm sorry, did 

8 you say 15, Your Honor? Or 13? 

9 JUDGE SULLIVAN: I said January 

10 13, 2015. I'm sorry, my voice is a little 

11 scratchy because I have a cold. 

12 On the January oral argument 

13 date that you have proposed for January 13, 

14 2015, Mr. Stevenson, starting with you, do you 

15 have any particular time during that day that 

16 you would prefer? 

17 MR. STEVENSON: Yes, Your 

18 Honor. I prefer that it be in the afternoon. 

19 I usually have a weekly meeting at 10 in the 

20 morning on Tuesday. If I could all other 

21 things being equal I'd prefer to avoid a 

22 conflict. 

NEAL R. GROSS 

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1 JUDGE SULLIVAN: Okay. Mr. 

2 Silverberg, any problem with that? 

3 MR. SILVERBERG: Well, I'mhere 

4 in Washington. I' 11 be available at any time 

5 on January 15. The 13th or the 15th? I'm 

6 sorry. 

7 JUDGE SULLIVAN: It's the year 

8 2015 and --

9 MR. SILVERBERG: And it's 

10 Tuesday the 13th. 

11 JUDGE SULLIVAN: That's 

12 correct. 

13 MR. SILVERBERG: Okay. 

14 JUDGE SULLIVAN: So it's 

15 January 13, 2015. 

16 MR. SILVERBERG: I'm at your 

17 disposal, Your Honor. 

18 JUDGE SULLIVAN: Okay. Let's 

19 plan on 1:30 p.m. on January 13, 2015. And if 

20 you would be so kind, please schedule 90 

21 minutes. So that would be from 1:30 to 3 p.m. 

22 Typically these last no more 

NEAL R. GROSS 

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1 than one hour but on occasion the Court has 

2 many questions. And if that happens I want to 

3 make sure that the parties have the time 

4 scheduled. 

5 And then with the rest of the 

6 proposed schedule I'm happy to adopt it as is. 

7 And I recognize that I still 

8 need to issue the ruling on the in camera 

9 request that's on my desk. And I just have 

10 been trying to get to that and about 12 other 

11 cases simultaneously. 

12 So, I'm well aware that that 

13 needs to be addressed. And I'm trying to get 

14 it out as soon as I can. 

15 Mr. Stevenson, starting with 

16 you, is there anything else that we need to 

17 address for you and your client today? 

18 MR. STEVENSON: No, Your Honor. 

19 JUDGE SULLIVAN: Okay. And Mr. 

20 Silverberg, anything we need to address for 

21 you and your client? 

22 MR. SILVERBERG: No, Your 

NEAL R. GROSS 

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1 Honor. 

2 JUDGE SULLIVAN: Then I'll 

3 thank you both very much for your presence 

4 today and for your work in putting this 

5 together. It makes the Court's job so much 

6 easier and I appreciate it. 

7 With that we can I wish you 

8 both a good day. I'll issue an order 

9 codifying all of these dates in a new revised 

10 schedule so that you have it. And that should 

11 get out to you no later than tomorrow. 

12 With that I thank you very 

13 much. We can go off the record and I wish you 

14 all a good day. Thank you. 

15 (Whereupon, the above-entitled 

16 matter went off the record at 10:13 a.m.) 

17 

18 

19 

20 

21 

22 

NEAL R. GROSS 

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getting 6:1 

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minute 8:8 

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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: Airborne Maintenance 

Before: US DOT 

Date: 06-23-14 

Place: teleconference 

was duly recorded and accurately transcribed under 

my direction; further, that said transcript is a 

true and accurate record of the proceedings. 

Court Reporter 

(202) 234-4433 

NEAL R. GROSS 

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