UNITED STATES DEPARTMENT OF TRANSPORTATION In the Matter of: CLIFFORD PRESS ) ) FDMS No. FAA-20ll-l006 ) Suite 600, Conference Room Heritage Reporting Corporation l220 L Street, N.W. Washington, D.C. Wednesday, February 29, 20l2

The parties met, pursuant to the notice, at lO:Ol a.m. BEFORE: HONORABLE J.E. SULLIVAN Administrative LawJudge APPEARANCES: (Via Telephone) On Behalf of Respondent: KATHLEEN A. YODICE, Esquire Yodice Associates

4ll AviationWay, Suite 245 Frederick, Maryland 2l70l (30l) 695-2300 On Behalf of Complainant: l

JUDITH L. VAUGHAN, Esquire Federal AviationAdministration l Aviation Plaza, Room 56l Jamaica, New York ll434 (7l8) 553-3255 

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Heritage Reporting Corporation (202) 628-48881 2 (10:01 a.m.) 3 JUDGE SULLIVAN: We're onthe record in the 4 matter of Clifford Press. This is DocketNo. FAA5 2011-1006. Today is Wednesday, February 29, 2012, and 6 the parties have convenedby telephone for a 7 litigation scheduling conference. 8 The Federal AviationAdministration is 9 representedby Judith L. Vaughan, the attorney of 10 record. Clifford Press, the Respondent, is 11 representedby KathleenYodice, the attorney of 12 record. 13 Also present with the FAA's counsel is a Mr. 14 Louis Misiano, an aviation safety inspector who is 15 sitting as an:observer only. In addition, present at 16 the Office of Hearings is Priya Krishna, an attorney 17 internwith the office who's also seatedas an 18 observer only. 19 Goodmorning, counsel. 20 MS. VAUGHAN: Good morning, YourHonor. 21 JUDGE SULLIVAN: I receivedyourproposed 22 scheduling and discoveryplan on February 22, 2012. 23 Thankyou verymuch. And I justhave a couple 24 questions to ask you about that. 25 It appears that onpage 1 of the two-page Heritage Reporting Corporation (202) 628-4888 21 discoveryplan there's an agreement by the parties to 2 initiate and serve discovery requests onorbefore 3 March 30, 2012, with responses to discovery requests 4 served 30 days from the receipt of the discovery 5 requests. And with that, it appears tome that you're 6 looking at a due date then of all responses being 7 filed no laterthanApril 30, 2012. Would that be 8 correct? And I'll start withyou, Ms. Vaughan.

9 MS. VAUGHAN: Yes, Your Honor. We would 10 hope to file our initial discovery requests, such as 11 interrogatories, requests for admissions and so forth, 12 byMarch 30, allowing for a 30-calendarday response 13 fromMr. Press. 14 JUDGE SULLIVAN: Right. And I wanted to get 15 a date specific for the end date or the deadline for 16 the responses, and it appears tome that wouldbe 17 April 30, 2012. Is that correct, or am I incorrect in 18 that assumption? 19 MS. VAUGHAN: I believe that's the correct 2

### o date, Your Honor. 21 JUDGE SULLIVAN: Okay. Ms. Yodice, would 22 you agree to that? 23 MS. YODICE: Yes, Your Honor. That's what 24 we anticipate. Now I don't know ifyou're also asking 25 for an explanationof maybe that that date would Heritage Reporting Corporation (202) 628-4888 31 possiblybe fluid because we expect that initial 2 discovery requests may have some back and forth to 3 them so that that initial date of April 30, there 4 wouldbe dates after that inwhich filings wouldbe 5 made. 6 JUDGE SULLIVAN: Right. Butjust in terms 7 of getting the responses to the initial discovery 8 requests, you're putting a due date of 30 days from 9 March 30, 2012. 10 MS. YODICE: Correct. 11 JUDGE SULLIVAN: Thirty days fromMarch 30, 12 2012 wouldbe essentiallyApril 30, 2012. 13 MS. YODICE: Right. 14 JUDGE SULLIVAN: And then fromMay 1, 2012 15 throughNovember 30, 2012, you wouldhave supplemental 16 discovery to exchanges as I understandyourproposed 17 scheduling and discoveryplan. Is that about right? 18 MS. YODICE: Yes, YourHonor, we agree. 19 MS. VAUGHAN: I agree too, Your Honor. 20 JUDGE SULLIVAN: Okay. And thenonpage 2 21 of your two-page discoveryplan, let's talk about the 22 prehearingmotions. And I'm so glad to see this 23 particularparagraph that you've includedbecause I 24 really am a bigproponent of prescheduling dispositive 25 motions as earlyas possible so that youhave them on Heritage Reporting Corporation (202) 628-4888 41 the calendarandyou can anticipate doingyour 2 litigation according to those deadlines. 3 Ifyou have a January 15, 2013 due date for 4 the filing of a dispositivemotion, a motion to 5 dismiss, a motion for summaryjudgment, those kinds of 6 motions, according to this particularparagraph, it 7 looks like we could set that up so that we evenhave 8 the oral argument scheduledas of today. 9 And I was looking at my calendar inJanuary. 10 So, if we set, for example, a Friday, January 18, 2013 11 due date for filing of any dispositivemotions, 12 approximately 15 days after that wouldbe according to 13 my calendar and the way I count February4, 2013. 14 And then I always like to give people who 15 are the movingparty orparties a replydate to these 16 types of motions because they're so critical, and a 17 reply date of about 12 days later wouldbe 18 February 15, 2013. Startingwithyou, Ms. Vaughan, 19 would that work foryou in terms of a motion setup for 20 the prehearingmotions? 21 22 work. 23 24 you? 25 MS. VAUGHAN: Yes, Your Honor ,that would

JUDGE SULLIVAN: And, Ms. Yodice, how about

MS. YODICE: That wouldbe fine withus,

Heritage Reporting Corporation (202) 628-4888 51 YourHonor. 2 JUDGE SULLIVAN: Okay. Then let's talk 3 about when we could set oral argument up for any 4 dispositive motions that are filed. Thatmeans we're 5 looking at a dispositive motion after February 15, 6 2013. And I'd like to have a couple of days to read 7 everybody's material and to look up any and all legal 8 authority that youmay have cited to me. So how about 9 either February 21, 2013 or February 28, 2013 for a 10 one-hour telephone oral argument? And I'll start with 11 you, Ms. Vaughan. Do youhave time those days or 12 within that periodof time? 13 MS. VAUGHAN: YourHonor, both of those days 14 are open forme right now, so those wouldwork. 15 JUDGE SULLIVAN: Okay. And, Ms. Yodice, how 16 about you? 17 MS. YODICE: They're wide open for me at 18 this time, Your Honor, so I canput it on the calendar 19 onmy end. 20 JUDGE SULLIVAN: Do you have anypreference? 21 MS. YODICE: None from me, YourHonor. 22 JUDGE SULLIVAN: And, Ms. Vaughan, any 23 preference? 24 25 MS. VAUGHAN: No, YourHonor. JUDGE SULLIVAN: Okay. Why don't we planon Heritage Reporting Corporation (202) 628-4888 61 a one-hour telephone conference for oral argument on 2 any dispositive motions onThursday, February 21, 3 2013. And, Ms. Vaughan, do youhave a preference for 4 the morning or the afternoon?

5 MS. VAUGHAN: I would actuallyprefer the 6 mornings, Your Honor. 7 JUDGE SULLIVAN: Okay. And, Ms. Yodice, how 8 about you? 9 MS. YODICE: No preference, Your Honor. 10 JUDGE SULLIVAN: Okay. Ms. Vaughan, let's 11 turnback toyou. I don't knowwhere you're located 12 in the country. Are you on Eastern StandardTime or 13 some other time zone? 14 MS. VAUGHAN: Your Honor, I'mhere in 15 Jamaica, New York, so Eastern StandardTime. 16 JUDGE SULLIVAN: Okay. And about what time 17 in themorning do you like toprovide oral argument? 18 Do youhave a preference? 19 MS. VAUGHAN: This time would work verywell 20 for me, YourHonor, if that's okaywithMs. Yodice and 21 yourself. 22 JUDGE SULLIVAN: Ms. Yodice, are you on 23 Eastern StandardTime as well? 24 MS. YODICE: Yes, YourHonor, and 10:00 is 25 fine withme. Heritage Reporting Corporation (202) 628-4888 71 JUDGE SULLIVAN: Okay. We'll set this for 2 10:00 on Thursday, February 13, 2013 for a one-hour 3 oral argument on summaryjudgmentmotions or any other 4 dispositive motion. 5 Typically I like to give oral rulings on 6 those kinds of motions, but sometimes I am unable to 7 do that, so I'm going to give myself until about the 8 28thjust to be on the safe side for issuing a written 9 decision. 10 And then we're talking then about an 11 exchange of exhibits to be introduced at the hearing 12 after those set of events have occurred. Let's talk 13 about maybe March 7 orMarch 8 for the exchange of 14 exhibits and the list of witnesses. Would that work 15 for both of you, starting withMs. Vaughan? 16 MS. VAUGHAN: It would, YourHonor. 17 JUDGE SULLIVAN: And, Ms. Yodice? 18 MS. YODICE: I'm sorry, Your Honor. Which 19 date inMarch? 20 JUDGE SULLIVAN: March 8, 2013. 21 MS. YODICE: March 8 wouldbe fine, Your 22 Honor. 23 JUDGE SULLIVAN: Okay. And then since 24 you've indicated inyour discoverymaterials that you 25 want to have that exchanged 30 days prior to a Heritage Reporting Corporation (202) 628-4888 81 scheduledhearing date, let's take a look inApril for 2 a potential hearing date. Ms. Vaughan, startingwith 3 you, do you have anyblackout times duringApril 2013 4 that we shouldbe aware of? 5 MS. VAUGHAN: The only time I'munavailable, 6 Your Honor, is that first week inApril. 7 JUDGE SULLIVAN: Okay. And, Ms. Yodice, how 8 about you? Anyblackout times inApril 2013? 9 MS. YODICE: I'mjust looking at some 10 conferences that generally occur around then, trying 11 to get those dates. 2013? 12 JUDGE SULLIVAN: Correct. 13 MS. YODICE: It looks like April 9-14 I 14 wouldbe unavailable. 15 JUDGE SULLIVAN: Okay. Well, then let's 16 talk about the week of April 22, 2013. And for those 17 of you who are more cognizant of religious holidays, I 18 know that Easter is sometime inApril and that there 19 arepeople who want to take time off around that 20 period of time. Do eitherof youknow about the 21 Easterholiday or some other holiday that wouldbe a 22 problem? 23 MS. YODICE: Your Honor, I'm looking for 24 Easter 2013. 25 MS. VAUGHAN: I'm trying to see if I can Heritage Reporting Corporation (202) 628-4888 910 1 locate it myself too. I think I have it here. Easter 2 in 2013 wouldbe March 31. 3 MS. YODICE: Yes, it's earlynext year. 4 JUDGE SULLIVAN: So looking at your 5 calendars for the week of April 22, 2013, would that 6 work for your calendar, Ms. Vaughan? 7 MS. VAUGHAN: Yes, itwould, Your Honor. 8 JUDGE SULLIVAN: And, Ms. Yodice? 9 MS. YODICE: As far as I can tell right now, 10 Your Honor, yes. 11 JUDGE SULLIVAN: Okay. Ms. Vaughan, I know 12 this is fairly early in the litigationprocedure, but 13 do youhave any sense of howmuch time you would like 14 to reserve for trial at this point? • 15 MS. VAUGHAN: Your Honor, I believe we would 16 needno longer than two days, maybe even one day. 17 JUDGE SULLIVAN: Okay. And then for the 18 Respondent, Ms. Yodice, do you have any sense of how 19 much time youwould need? 20 MS. YODICE: Well, Your Honor, I think I 21 would expect this to be the two days. I wouldhope it 22 would not go to three. 23 JUDGE SULLIVAN: Okay. Why don't we do 24 this. I prefer to err on the side of caution. Why 25 don't we schedule a three-dayhearing, and thenwe can Heritage Reporting Corporation (202) 628-488811 1 touchbase about that when we have our summary 2 judgmentmotionon February 13, 2013. And if the time 3 period looks like it's shrinking, we can adjust our 4 calendars accordingly. Would that work for you, Ms. 5 Vaughan? 6 MS. VAUGHAN: Yes, Your Honor. 7 JUDGE SULLIVAN: And, Ms. Yodice? 8 MS. YODICE: Yes, YourHonor. 9 JUDGE SULLIVAN: Okay. Then let's plan on 10 Monday, the 22ndto be a travel day for anybodywho 11 needs to travel. Tuesday, the 23rd, the beginning of a 12 three-day trial that will run from Tuesday, the 23rd 13 throughThursday, the 25th. 14 I usuallylike to start the trials at 9 or 15 9:30 and thengoun'til 4:30. And thenon the first 16 day, we can talk about a lunchperiod and then the 17 breaks since the court reporter and everyone needs 18 breaks both in the morning and afternoon. 19 Ms. Vaughan, do youhave a preference in 20 terms of starting at 9 or 9:30? 21 22 Honor. 23 24 25 MS. VAUGHAN: Either one is fine, Your

JUDGE SULLIVAN: And, Ms. Yodice? MS. YODICE: Either one is fine, YourHonor. JUDGE SULLIVAN: Okay. Why don't we plan to Heritage Reporting Corporation (202) 628-488812 1 start at 9 a.m. onTuesday, April 23, 2013. We'll go 2 until 4:30 that day, andwe'll do the same time period 3 for Wednesday, April 24 andThursday, April 25, 2013, 4 9 to 4:30 p.m. 5 In terms of other calendaring or otherdue 6 dates that you are interested in, do youhave a 7 preference for any other dates that youmay have 8 talked about sinceyou filed this document, starting 9 withyou, Ms. Vaughan? 10 MS. VAUGHAN: I have nothing else, Your 11 Honor. 12 JUDGE SULLIVAN: Okay. And, Ms. Yodice? 13 MS. YODICE: No, YourHonor. At this time, 14 I wouldn't have any other suggestions. However, I 15 have spokenwith FAA counsel about this that we may as 16 the discovery goes forth identify additional 17 scheduling needs, and at that time, I would anticipate 18 that we, if necessary, wouldneed to contact you and 19 put something for you to consider. But of course Ms. 20 Vaughan and I will try to work things out ourselves 21 and thenbe ready for trial before you as appropriate. 22 JUDGE SULLIVAN: Okay. That's fine. I'm 23 always available to the parties ifyouhave a dispute 24 andyou need a ruling. And I'mgoing to be sending 25 out to both of you a litigation scheduling order that Heritage Reporting Corporation (202) 628-488813 1 talks about what to do if youhave a problemwith, for 2 example, discovery disputes. 3 And I would respectfully askbothof you to 4 be sure and consult with each other about any 5 discovery dispute before youbring the matter up tomy 6 attention. And whenyou do file, if youmust file a 7 motion to compel discovery, that informal discussion, 8 trying to resolve it informally shouldbe noted 9 specificallyby day. 10 So, for example, and I don't mean to offend 11 you ifyou've done this 1,000 times, so for example, 12 you would say inyourmotion to compel discovery, "I 13 have consultedwithopposing counsel, Ms. Vaughan, on 14 February 15, 2012 by telephone. We discussed the 15 matter for approximately 20 minutes, couldnot reach a 16 resolution andhave agreed that the matter needs tobe 17 addressedby the Court." 18 You know, something like that so that I know 19 that you've compliedwith the Court's rules on that 20 matter. And if at any time that you do needmy 21 assistance, it's always the fastest, easiest way to 22 get onmy calendar if you talk informally first, get 23 three working dates that work for both of you onyour 24 calendars and then callmy legal assistant, Diane 25 Mays, and ask ifyou can get onmy calendarwithone Heritage Reporting Corporation (202) 628-488814 1 of those three dates. She has access to my calendar 2 at all times and she has the ability to schedule when 3 the parties agree to a date andpresent something to 4 her. So you can get onmy calendar and then file 5 motions concurrently so that you canget thematter 6 resolved as quickly as possible. 7 With that, Ms. Vaughan, do youhave anything 8 else that you would like to address for your client 9 today? 10 MS. VAUGHAN: Not at this time, Your Honor. 11 JUDGE SULLIVAN: Okay. And, Ms. Yodice, 12 anything onbehalf of your client? 13 MS. YODICE: No, YourHonor. We appreciate 14 your consideration. 15 JUDGE SULLIVAN: Thankyoubothverymuch 16 for yourpresence today. I'llbe sending out a 17 written order codifying the dates that we talkedabout 18 that dovetail with the discoveryplan that the two of 19 youhave already filed. I want to thankyou for your 20 goodefforts in that regard and I look forward to 21 seeing youperhaps in 2013. With that, we can go off 22 the record, and I wishyou all a good day. 23 (Whereupon, at 10:18 a.m., the telephone 24 conference in the above-entitledmatterwas 25 concluded.) Heritage Reporting Corporation (202) 628-4888REPORTER'S CERTIFICATE

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I hereby.certify that the proceedings and evidence are contained fully and accurately on the tapes and notes reported byme at the hearing in the

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Heritage Reporting Corporation (202) 628-4888