UNITED STATES OF AMERICA:

IN THE UNITED STATES DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS

FEDERAL AVIATION ADMINISTRATION, COMPLAINANT, VS. CASE NO. FAA-2015-0203 ROMNEY CYCLE CENTER, INC., RESPONDENT.

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HEARING BEFORE THE HONORABLE J.E. SULLIVAN THURSDAY, JUNE 18, 2015 1:31 P.M. HISTORIC JORDAN SPRINGS 1160 JORDAN SPRINGS ROAD STEPHENSON, VIRGINIA 22656IN THE MATTER OF ROMNEY CYCLE CENTER June 18, 2015 VR # 2407-1 Page 2

1 APPE ARANCES 2 ON B EHALF OF THE COMPLAINANT, 3 FEDE RAL AVIATION ADMINISTRATION: 4 RAS HAWN RICH GEORGE, ESQUIRE 5 OFFI CE OF THE REGIONAL COUNSEL 6 ASO -7, SOUTHERN REGION 7 170 1 COLUMBIA AVENUE 8 COL LEGE PARK, GEORGIA 30337 9 TEL EPHO NE: 404 .305.5200 10 FAC SIMI LE: 404 .305.5223 11 12 ON B EHALF OF THE RESPONDENT, 13 ROMN EY CYCLE CENTER: 14 BRI AN W. STOLARZ, ESQUIRE 15 LECLAIR RYAN 16 231 8 MILL ROAD, SUITE 1100 17 ALE XANDRIA, VIRGINIA 22314 18 TEL EPHO NE: 703 .684.8007 19 FAC SIMILE: 703.684-8075 20 EMA IL: BRIAN.STOLARZ@LECLAIRRYAN.COM 21 22 23 24 25IN THE MATTER OF ROMNEY CYCLE CENTER June 18, 2015 VR # 2407-1 Page 3

1 HEAR ING 2 THUR SDAY, JUNE 18, 2015 3 1: 31 P.M. 4 THE COURT: We're on the record, in the 5 mat ter of Romney Cycle Center. This is Docket number 6 FAA -2015-0203. Today is Thursday, June 18, 2015, and 7 the parties have convened by telephone for a 8 lit igation scheduling conference. The FAA is 9 rep resented by its attorney of record, Ms. Rashawn 10 Ric h George. The respondent, Romney Cycle Center, is 11 rep resented by its attorney of record, Mr. Brian W. 12 Sto larz. Also present at the Office of Hearing 13 loc ation is Mr. Spencer P. Williams, a law student 14 jud icial intern, who is also sitting in as an observer 15 onl y. So good afternoon to you all. Folks, what I'm 16 goi ng to do first and foremost, is just outline why 17 we' re here. Essentially, as you all know, on April 18 15, 2015, an Order setting Rule 16, Litigation 19 Sch eduling Conference and Directing Rule 26, Planning 20 and Submission was filed. On June 8, 2015, the 21 par ties filed a joint proposed Rule 26F Scheduling and 22 Dis covery Plan. And this conference follows, so that 23 we can talk about that joint plan, and set up the 24 lit igation for this particular case. 25 I 've had a chance to review the two-pageIN THE MATTER OF ROMNEY CYCLE CENTER June 18, 2015 VR # 2407-1 Page 4

1 document that you filed on June 8, 2015, and I do have 2 a couple questions. But I think our conference is 3 probably going to go pretty quickly. Just in terms of 4 the initial disclosures and the initial discovery 5 request, I wanted to check in with you. There's a 6 difference between initial disclosures under Rule 26A, 7 and general discovery. And so it looked to me, as 8 though you might have been talking about starting 9 general discovery, on or before July 16, 2015. And I 10 wasn't sure about that. So I'm going to talk to Ms. 11 George first, since she's the prosecuting agency, and 12 then I'll turn to the Respondent's attorney. 13 Ms. George, can you tell me a little bit 14 about the July 16, July 31 dates, that you proposed on 15 page one of your two-page plan? 16 MS. GEORGE: Yes, Your Honor, the initial 17 disclosures as I understood them, would be disclosures 18 by the parties and individuals, who were potential 19 witnesses, documents that we had under Rule 26(a)(1). 20 The discovery ... my understanding would be that that 21 would be our interrogatories, document requests for 22 production, and our ... I'm sorry. It's been a long 23 day. Our submissions ... 24 THE COURT: Okay, a general discovery. 25 MS. GEORGE: Yes.IN THE MATTER OF ROMNEY CYCLE CENTER June 18, 2015 VR # 2407-1 Page 5

1 THE COURT: The reason I ask is because it 2 appeared to me that there's too short of a time. And 3 I say that because I look at paragraph four, on page 4 one, and it says that you're going to start 5 essentially your general discovery request on or 6 before July 31, 2015, and then have exactly 30 days to 7 respond. And within that period of time, essentially 8 seven days after July 31, 2015, you're going to 9 mutually disclose expert witnesses, and then one week 10 later, have your experts' rebuttal reports exchanged, 11 as well as any follow-up discovery, prior to that 12 time, or in the middle of that time. And it may be 13 that you both are super lawyers and this will be easy 14 for you to do. But if it were me, and I was trying 15 more than one case, I would find this quite daunting. 16 So I wanted to check in with you about that, 17 particularly because I won't be able to accommodate 18 your request for a November 16, 2015, hearing. 19 Currently, I am scheduling hearings in late June and 20 early July of 2016. So the push to get everything 21 done before November, isn't necessary. 22 MS. GEORGE: Okay. 23 THE COURT: So if that's the case, and the 24 parties don't feel the need to do this really fast, 25 I'm going to suggest that we flush out or push outIN THE MATTER OF ROMNEY CYCLE CENTER June 18, 2015 VR # 2407-1 Page 6

1 some of these dates, to give you a little bit more of 2 a comfort zone. Now we don't have to do that. We can 3 talk about getting everything done right away, so it 4 frees you up for other cases. It's up to the two of 5 you. But I'm just telling you that if you do that, 6 then you're going to be hurrying up, only to wait. 7 Because we're not going to be scheduling this before 8 mid-to-late June of 2016. 9 MR.STOLARZ: Thank you, Your Honor, this is 10 Brian Stolarz. I have no problem with spacing out the 11 time. Honestly, as we all have other matters, I will 12 defer to the Court. And because of the scheduling 13 issues that you've noted about the date, makes 14 complete sense to space out the discovery. So I'm 15 fine with that, if that's fine with the government. 16 THE COURT: Ms. George, what's your position 17 on that? 18 MS. GEORGE: No objection to changing the 19 time as well. 20 THE COURT: Then let's talk a little bit, 21 first and foremost, about how much time you're going 22 to need for the hearing. I want to just double-check 23 with you about that. Currently, on page two of your 24 two-page document, you indicate in paragraph nine, 25 that it's going to take approximately two days. AndIN THE MATTER OF ROMNEY CYCLE CENTER June 18, 2015 VR # 2407-1 Page 7

1 I'm happy to just schedule a two-day trial, if you're 2 both comfortable that you have plenty of time within 3 that framework to get all your witnesses, all your 4 arguments, and any motions in limine and so forth, 5 taken care of within that time. So starting with you, 6 Ms. George, is two days plenty of time? 7 MS. GEORGE: I believe so, Your Honor, yes. 8 THE COURT: And Mr. Stolarz? 9 MR.STOLARZ: Yes, I believe two days will be 10 sufficient, Your Honor. Thank you. 11 THE COURT: Then let's look first and 12 foremost at a potential hearing date in Washington, 13 D.C., for a two-day period of time. Then I'm going to 14 backtrack, and I'll make some suggestions to you both, 15 about how to set this up, so that you slowly and 16 comfortably drive into the first day of the hearing. 17 So I'm going to take a look at my 2016 calendar, and 18 I'll ask both of you to do the same. We're going to 19 be looking around May and June. What do I have here? 20 I have the week of May 15th through May 21 open. 21 Would that work for either of you? Ms. George? 22 MS. GEORGE: At this time, I don't have 23 anything scheduled for that time. 24 THE COURT: Okay, and Mr. Stolarz, how about 25 you?IN THE MATTER OF ROMNEY CYCLE CENTER June 18, 2015 VR # 2407-1 Page 8

1 MR.STOLARZ: Both of those weeks are fine, 2 so I defer to the Court's calendar. 3 THE COURT: Why don't we do this? Why don't 4 we plan on the week of May 16th. Do either of you 5 have a preference for starting on either Tuesday or 6 Wednesday? Ms. George? 7 MS. GEORGE: I would prefer a Tuesday, Your 8 Honor. 9 THE COURT: I'm sorry. I didn't hear you. 10 MS. GEORGE: I would prefer Tuesday, May 11 17th. 12 THE COURT: Okay. A Tuesday, Wednesday time 13 period. Ms. George? 14 MS. GEORGE: Yes, Your Honor, I'm sorry. It 15 appears that my phone is acting up. 16 THE COURT: Mr. Stolarz, how about you? 17 Does that work for you as well? 18 MR.STOLARZ: Yes, Your Honor, I defer to Ms. 19 George, since she will be the one traveling to the 20 hearing. So whatever accommodates her schedule is 21 fine by me, because I'm local to D.C. 22 THE COURT: Then what we'll do, is we'll set 23 this matter for Tuesday, May 17, 2016, and Wednesday, 24 May 18, 2016, for a hearing in Washington, D.C. And 25 we'll utilize May 16, which is a Monday, and May 19,IN THE MATTER OF ROMNEY CYCLE CENTER June 18, 2015 VR # 2407-1 Page 9

1 which is a Thursday, as travel days for anyone who 2 needs to come in from out of town. 3 So let's then talk a little bit about how to 4 push your current schedule out, so that it fits more 5 comfortably within that envelope of time. And I'm 6 going to look at my calendar, and as I do, I'm going 7 to suggest some dates to you. If you'd be so kind as 8 to just jot them down. And then we can look at them 9 as a whole. That would be great. With a May 2016 10 hearing date, it would seem to me to have perhaps this 11 type of schedule. We could keep July 16, 2015, as the 12 deadline for initial disclosures, as you have 13 indicated. We could also have July 20th, which is the 14 Monday following, for the beginning of the general 15 discovery, where you initiate on or before July 20th, 16 2015. You could then have August 7th, if you want, 17 for either mutually exchanged expert witness 18 disclosures, or we could set this up, so that the FAA 19 disclosure is first, the Respondent discloses, and 20 then you both have a time to talk to your experts and 21 get expert rebuttals back. If we did that, and I'm 22 just going to suggest a couple dates, you could have 23 the FAA disclose on August 7th, the Respondent 24 disclose on August 21. You could have expert rebuttal 25 disclosed on or before, say September 11th. At thatIN THE MATTER OF ROMNEY CYCLE CENTER June 18, 2015 VR # 2407-1 Page 10

1 point, you're still in your general discovery phase. 2 You could disclose general discovery say 3 around early November. And I'm just going to pick a 4 date out of a hat, say November 13, 2015, which is 5 shortly before Thanksgiving. Dispositive motions 6 could be filed after that, let's say filing a 7 dispositive motion ... all dispositive motions filed 8 no later than December 4, 2015. Answers due probably 9 early January, say January 8th, 2016. That way you 10 can file the motions before all the holidays start, 11 and then respond to the motions after the holidays are 12 over. Let's say a filing of reply is January 22, 13 2016. We'd need to set up a telephone motion 14 conference, and I would suggest ... I'm going to take 15 a look at my February calendar. Say the first week of 16 February. Let's just say February 4, 2016, sometime 17 during that day. And then when I give myself enough 18 time to issue any kind of summary judgment decision, 19 before you have to file any kind of list of witnesses 20 or exchange Exhibits, because as you know, summary 21 judgment motion prevails, even in part can change how 22 the parties try the case. So assuming someone is 23 successful in their summary judgment, not completely, 24 but partially, you want to get that decision before 25 you start creating a book of Exhibits. So how aboutIN THE MATTER OF ROMNEY CYCLE CENTER June 18, 2015 VR # 2407-1 Page 11

1 the last week of March, or perhaps the first week of 2 April for the exchange of Exhibits and list of 3 witnesses, for any kind of motions in limine, and that 4 puts you right into a mid-May 2016 trial. 5 I know I went through that fairly quickly, 6 but Ms. George, what are your thoughts about that? 7 Did anything strike you as being a little too short, 8 or a little too long in nature? 9 MS. GEORGE: Your Honor, I don't have any 10 objections to any of the proposed dates. I did have a 11 question about the date for the exchange of witnesses 12 and Exhibits. 13 THE COURT: Please feel free to ask it now. 14 MS. GEORGE: My question is ... I think when 15 you were speaking, you said it could be in early April 16 or in ... excuse me, in late April or early May, but 17 we didn't have a definitive date, so we would just 18 decide what date? 19 THE COURT: We would talk about it now. I'm 20 just kind of giving you an idea of what I think might 21 work, that would be comfortable for you. 22 MS. GEORGE: I like the framework. I do. 23 THE COURT: The date could be either late 24 March 2016 or early April 2016. And just so that we 25 have a date and time, let's just April 8th for aIN THE MATTER OF ROMNEY CYCLE CENTER June 18, 2015 VR # 2407-1 Page 12

1 working date for the time being. Mr. Stolarz, what's 2 your perception of this? Any comment, any concern, 3 any suggested changes? 4 MR.STOLARZ: Your Honor, I have no questions 5 or concerns about this. It looks like you have done a 6 great job in mapping out the calendar. I have jotted 7 down the dates as you were going, and they look like 8 they make intuitive sense and calendar sense, so I'm 9 fine to proceed with how you've laid it out. 10 THE COURT: Okay. Well then let's just 11 double-check and make sure that we have firm dates 12 before we close. As I understand it from the parties, 13 it would be July 16, 2015, for a deadline for 14 exchanging initial voluntary disclosures. You would 15 start general discovery shortly thereafter, on or 16 before July 20, 2015. General discovery would 17 continue until approximately November 13, 2015. 18 Within that general discovery time on August 7, 2015, 19 the FAA would disclose its experts. On August 21, 20 2015, the Respondent would disclose its experts. And 21 on September 11, 2015, the parties would exchange 22 expert rebuttal reports. And you can do it ahead of 23 time. These are simply the deadlines for the 24 discovery process. 25 I've jotted down December 4, 2015, for theIN THE MATTER OF ROMNEY CYCLE CENTER June 18, 2015 VR # 2407-1 Page 13

1 deadline for filing dispositive motions. Answer date 2 for response to such motions would be January 8, 2016, 3 with reply due on or before January 22, 2016. 4 Let's talk about scheduling a motion 5 conference. I'm looking at my first week of February, 6 which is the week starting with Monday, February 1, 7 running to Friday, February 5. Ms. George, I don't 8 know if we talked about this. We may have. But do 9 you have any preferred date or time within that 10 particular week that works well for you? 11 MS. GEORGE: I only have two conflicts that 12 week. On February 2nd, at 10 o'clock, from 10 to 11, 13 I have a conflict. And on February 3rd, from 1 to 2 14 p.m., I have a conflict. Other than that, I am open. 15 THE COURT: Okay, Mr. Stolarz, same question 16 to you. 17 MR.STOLARZ: Yes, Your Honor, I've just 18 reviewed my calendar, as you were mentioning those 19 dates. I am free for those dates at this time. 20 THE COURT: Would Thursday, February 4, 21 work? And Ms. George, I apologize if I'm dovetailing 22 into one of your conflicts. If so, stop me right now. 23 MS. GEORGE: No, the conflict was on 24 Wednesday the 3rd. 25 THE COURT: Okay.IN THE MATTER OF ROMNEY CYCLE CENTER June 18, 2015 VR # 2407-1 Page 14

1 MS. GEORGE: February 4th is clear, thank 2 you. 3 THE COURT: How about February 4, 2016 from 4 10:30 to noon, eastern time? 5 MS. GEORGE: And I am clear. 6 THE COURT: I'm going to ask the parties to 7 make sure that you get that calendar now. If you 8 don't file dispositive motions, we'll still hold that 9 conference, but it will be automatically converted to 10 a prehearing status conference, so that we can get 11 together at least once before the hearing, and check 12 in and find out what the status of the case is, and if 13 there are any matters or concerns that need to be 14 addressed. I have April 8, 2016, as the exchange of 15 Exhibits and witness lists. That's the same date, 16 April 8, 2016, for filing any written stipulations or 17 agreed motions in limine, and then that takes us right 18 into the week of May 16, 2016, with a hearing date 19 beginning on Tuesday, May 17, 2016, and concluding at 20 the end of the day on Wednesday, May 18, 2016. 21 And just so that you know, in case you 22 don't, I usually start the hearing at 9, to conclude 23 by 5. I take a lunch break, typically as close as I 24 can to a break in a witness' testimony, somewhere 25 between 11:30 and noon, and the break is usually anIN THE MATTER OF ROMNEY CYCLE CENTER June 18, 2015 VR # 2407-1 Page 15

1 hour and 15 minutes, so that people can actually leave 2 the courthouse and go somewhere to grab some 3 sustenance. We'll also take a very brief break in the 4 morning, and then again, another break in the 5 afternoon, just so that everybody can stretch and make 6 a phone call, or do whatever else they need to do. 7 I should also mention, and you probably know 8 this already, I will send out an order setting 9 litigation dates and procedures that codify in 10 writing, all of these dates that we've talked about 11 briefly. This particular order will also talk about 12 how to mark Exhibits, how to withdraw, if Mr. Stolarz, 13 for some unknown reason in the future, you need to 14 leave the case, there will be instructions on how to 15 do it, and do it well. There will be information 16 about filing Exhibits with the hearing docket, and 17 also, I think most importantly, how to schedule any 18 other motions or conferences on my calendar, between 19 now and the trial date, if you need to. So this would 20 be on page four, paragraph D. Essentially, what you 21 want to do, is contact your friend across the aisle, 22 get some mutually agreed dates that you can propose to 23 the Court, and then call my office and talk to the 24 attorney advisor, who is assigned to this case. His 25 name is Mr. Smith. You may have talked to himIN THE MATTER OF ROMNEY CYCLE CENTER June 18, 2015 VR # 2407-1 Page 16

1 briefly, earlier today, when you called into the 2 conference. He has access to my calendar. He can 3 give you information immediately about which of your 4 dates would work. He can reserve that time on my 5 calendar, and that way you get that scheduled on my 6 calendar, and you can file the motions or request for 7 relief immediately thereafter, knowing that you've got 8 that time slot reserved. So with that, Ms. George, is 9 there anything else that we can address on behalf of 10 your client today, or any matters that need to be 11 raised? 12 MS. GEORGE: No, Your Honor. 13 THE COURT: Okay, Mr. Stolarz, same question 14 to you, sir. 15 MR.STOLARZ: No, Your Honor, very thorough. 16 Thank you. 17 THE COURT: Then I'm going to thank you both 18 very much for your help in this matter today. I wish 19 you good luck in your discovery exchanges. I'll be 20 sending out this litigation order probably tomorrow 21 morning at the latest. With that, we can go off the 22 record. 23 (WHEREUPON, the hearing was concluded at 1:55 p.m.) 24 25IN THE MATTER OF ROMNEY CYCLE CENTER June 18, 2015 VR # 2407-1 Page 17

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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**Andrea F. Mikus** 25th June 2015IN THE MATTER OF ROMNEY CYCLE CENTER June 18, 2015 VR # 2407-1 Page 19

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