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 Law Judge 

APPEARANCES: (Via Telephone) 

On Behalf of Respondent: 

KATHLEEN A. YODICE, Esquire 

Yodice Associates 

4ll Aviation Way, Suite 245 

Frederick, Maryland 2l70l 

(30l) 695-2300 

On Behalf of Complainant: 

l 

JUDITH L. VAUGHAN, Esquire 

Federal Aviation Administration 

l Aviation Plaza, Room 56l 

Jamaica, New York ll434 

(7l8) 553-3255 RECEIVED 

MAR I 6 2012 

HEARING DOCKET 

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2 (10: 01 a.m.) 

3 JUDGE SULLIVAN: We're on the record in the 

4 matter of Clifford Press. This is Docket No. FAA5 2011-1006. Today is Wednesday, February 29, 2012, and 

6 the parties have convened by telephone for a 

7 litigation scheduling conference. 

8 The Federal Aviation Administration is 

9 represented by Judith L. Vaughan, the attorney of 

10 record. Clifford Press, the Respondent, is 

11 represented by Kathleen Yodice, 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 intern with the office who's also seated as an 

18 observer only. 

19 Good morning, counsel. 

20 MS. VAUGHAN: Good morning, Your Honor. 

21 JUDGE SULLIVAN: I received your proposed 

22 scheduling and discovery plan on February 22, 2012. 

23 Thank you very much. And I just have a couple 

24 questions to ask you about that. 

25 It appears that on page 1 of the two-page 

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1 discovery plan there's an agreement by the parties to 

2 initiate and serve discovery requests on or before 

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 to me that you're 

6 looking at a due date then of all responses being 

7 filed no later than April 30, 2012. Would that be 

8 correct? And I'll start with you, 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 by March 30, allowing for a 30-calendar day response 

13 from Mr. 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 to me that would be 

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 if you're also asking 

25 for an explanation of maybe that that date would 

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1 possibly be 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 would be dates after that in which filings would be 

5 made. 

6 JUDGE SULLIVAN: Right. But just 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 from March 30, 

12 2012 would be essentially April 30, 2012. 

13 MS. YODICE: Right. 

14 JUDGE SULLIVAN: And then from May 1, 2012 

15 through November 30, 2012, you would have supplemental 

16 discovery to exchanges as I understand your proposed 

17 scheduling and discovery plan. Is that about right? 

18 MS. YODICE: Yes, Your Honor, we agree. 

19 MS. VAUGHAN: I agree too, Your Honor. 

20 JUDGE SULLIVAN: Okay. And then on page 2 

21 of your two-page discovery plan, let's talk about the 

22 prehearing motions. And I'm so glad to see this 

23 particular paragraph that you've included because I 

24 really am a big proponent of prescheduling dispositive 

25 motions as early as possible so that you have them on 

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1 the calendar and you can anticipate doing your 

2 litigation according to those deadlines. 

3 If you have a January 15, 2013 due date for 

4 the filing of a dispositive motion, a motion to 

5 dismiss, a motion for summary judgment, those kinds of 

6 motions, according to this particular paragraph, it 

7 looks like we could set that up so that we even have 

8 the oral argument scheduled as of today. 

9 And I was looking at my calendar in January. 

10 So, if we set, for example, a Friday, January 18, 2013 

11 due date for filing of any dispositive motions, 

12 approximately 15 days after that would be according to 

13 my calendar and the way I count February 4, 2013. 

14 And then I always like to give people who 

15 are the moving party or parties a reply date to these 

16 types of motions because they're so critical, and a 

17 reply date of about 12 days later would be 

18 February 15, 2013. Starting with you, Ms. Vaughan, 

19 would that work for you in terms of a motion setup for 

20 the prehearing motions? 

21 

22 work. 

23 

24 you? 

25 

MS. VAUGHAN: Yes, Your Honor ,that would 

JUDGE SULLIVAN: And, Ms. Yodice, how about 

MS. YODICE: That would be fine with us, 

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1 Your Honor. 

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. That means 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 you may 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 you have time those days or 

12 within that period of time? 

13 MS. VAUGHAN: Your Honor, both of those days 

14 are open for me right now, so those would work. 

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 can put it on the calendar 

19 on my end. 

20 JUDGE SULLIVAN: Do you have any preference? 

21 MS. YODICE: None from me, Your Honor. 

22 JUDGE SULLIVAN: And, Ms. Vaughan, any 

23 preference? 

24 

25 

MS. VAUGHAN: No, Your Honor. 

JUDGE SULLIVAN: Okay. Why don't we plan on 

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1 a one-hour telephone conference for oral argument on 

2 any dispositive motions on Thursday, February 21, 

3 2013. And, Ms. Vaughan, do you have a preference for 

4 the morning or the afternoon? 

5 MS. VAUGHAN: I would actually prefer 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 turn back to you. I don't know where you're located 

12 in the country. Are you on Eastern Standard Time or 

13 some other time zone? 

14 MS. VAUGHAN: Your Honor, I'm here in 

15 Jamaica, New York, so Eastern Standard Time. 

16 JUDGE SULLIVAN: Okay. And about what time 

17 in the morning do you like to provide oral argument? 

18 Do you have a preference? 

19 MS. VAUGHAN: This time would work very well 

20 for me, Your Honor, if that's okay with Ms. Yodice and 

21 yourself. 

22 JUDGE SULLIVAN: Ms. Yodice, are you on 

23 Eastern Standard Time as well? 

24 MS. YODICE: Yes, Your Honor, and 10:00 is 

25 fine with me. 

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1 JUDGE SULLIVAN: Okay. We'll set this for 

2 10:00 on Thursday, February 13, 2013 for a one-hour 

3 oral argument on summary judgment motions 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 28th just 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 or March 8 for the exchange of 

14 exhibits and the list of witnesses. Would that work 

15 for both of you, starting with Ms. Vaughan? 

16 MS. VAUGHAN: It would, Your Honor. 

17 JUDGE SULLIVAN: And, Ms. Yodice? 

18 MS. YODICE: I'm sorry, Your Honor. Which 

19 date in March? 

20 JUDGE SULLIVAN: March 8, 2013. 

21 MS. YODICE: March 8 would be fine, Your 

22 Honor. 

23 JUDGE SULLIVAN: Okay. And then since 

24 you've indicated in your discovery materials that you 

25 want to have that exchanged 30 days prior to a 

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1 scheduled hearing date, let's take a look in April for 

2 a potential hearing date. Ms. Vaughan, starting with 

3 you, do you have any blackout times during April 2013 

4 that we should be aware of? 

5 MS. VAUGHAN: The only time I'm unavailable, 

6 Your Honor, is that first week in April. 

7 JUDGE SULLIVAN: Okay. And, Ms. Yodice, how 

8 about you? Any blackout times in April 2013? 

9 MS. YODICE: I'm just 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 would be 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 in April and that there 

19 are people who want to take time off around that 

20 period of time. Do either of you know about the 

21 Easter holiday or some other holiday that would be 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 

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1 locate it myself too. I think I have it here. Easter 

2 in 2013 would be March 31. 

3 MS. YODICE: Yes, it's early next 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, it would, 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 litigation procedure, but 

13 do you have any sense of how much time you would like 

14 to reserve for trial at this point? 

• 15 MS. VAUGHAN: Your Honor, I believe we would 

16 need no 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 you would need? 

20 MS. YODICE: Well, Your Honor, I think I 

21 would expect this to be the two days. I would hope 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-day hearing, and then we can 

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1 touch base about that when we have our summary 

2 judgment motion on 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, Your Honor. 

9 JUDGE SULLIVAN: Okay. Then let's plan on 

10 Monday, the 22nd to be a travel day for anybody who 

11 needs to travel. Tuesday, the 23rd, the beginning of a 

12 three-day trial that will run from Tuesday, the 23rd 

13 through Thursday, the 25th. 

14 I usually like to start the trials at 9 or 

15 9:3 0 and then go un'til 4:3 0. And then on the first 

16 day, we can talk about a lunch period and then the 

17 breaks since the court reporter and everyone needs 

18 breaks both in the morning and afternoon. 

19 Ms. Vaughan, do you have 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, Your Honor. 

JUDGE SULLIVAN: Okay. Why don't we plan to 

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1 start at 9 a.m. on Tuesday, April 23, 2013. We'll go 

2 until 4:30 that day, and we'll do the same time period 

3 for Wednesday, April 24 and Thursday, April 25, 2013, 

4 9 to 4:30 p.m. 

5 In terms of other calendaring or other due 

6 dates that you are interested in, do you have a 

7 preference for any other dates that you may have 

8 talked about since you filed this document, starting 

9 with you, Ms. Vaughan? 

10 MS. VAUGHAN: I have nothing else, Your 

11 Honor. 

12 JUDGE SULLIVAN: Okay. And, Ms. Yodice? 

13 MS. YODICE: No, Your Honor. At this time, 

14 I wouldn't have any other suggestions. However, I 

15 have spoken with 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, would need 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 then be ready for trial before you as appropriate. 

22 JUDGE SULLIVAN: Okay. That's fine. I'm 

23 always available to the parties if you have a dispute 

24 and you need a ruling. And I'm going to be sending 

25 out to both of you a litigation scheduling order that 

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1 talks about what to do if you have a problem with, for 

2 example, discovery disputes. 

3 And I would respectfully ask both of you to 

4 be sure and consult with each other about any 

5 discovery dispute before you bring the matter up to my 

6 attention. And when you do file, if you must file a 

7 motion to compel discovery, that informal discussion, 

8 trying to resolve it informally should be noted 

9 specifically by day. 

10 So, for example, and I don't mean to offend 

11 you if you've done this 1,000 times, so for example, 

12 you would say in your motion to compel discovery, "I 

13 have consulted with opposing counsel, Ms. Vaughan, on 

14 February 15, 2012 by telephone. We discussed the 

15 matter for approximately 20 minutes, could not reach a 

16 resolution and have agreed that the matter needs to be 

17 addressed by the Court." 

18 You know, something like that so that I know 

19 that you've complied with the Court's rules on that 

20 matter. And if at any time that you do need my 

21 assistance, it's always the fastest, easiest way to 

22 get on my calendar if you talk informally first, get 

23 three working dates that work for both of you on your 

24 calendars and then call my legal assistant, Diane 

25 Mays, and ask if you can get on my calendar with one 

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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 and present something to 

4 her. So you can get on my calendar and then file 

5 motions concurrently so that you can get the matter 

6 resolved as quickly as possible. 

7 With that, Ms. Vaughan, do you have 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 on behalf of your client? 

13 MS. YODICE: No, Your Honor. We appreciate 

14 your consideration. 

15 JUDGE SULLIVAN: Thank you both very much 

16 for your presence today. I'll be sending out a 

17 written order codifying the dates that we talked about 

18 that dovetail with the discovery plan that the two of 

19 you have already filed. I want to thank you for your 

20 good efforts in that regard and I look forward to 

21 seeing you perhaps in 2013. With that, we can go off 

22 the record, and I wish you all a good day. 

23 (Whereupon, at 10:18 a.m., the telephone 

24 conference in the above-entitled matter was 

25 concluded.) 

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REPORTER'S CERTIFICATE 

DOCKET NO. : FD/(l$ t-JO. FI\-A- 2.01 l - !OOCo 

cAsE TITLE, C I 1 tfc.vcl Yr e:c.s 

HEARING DATE: TOCJNCM'j 2-~, 2012.-

LOCATION: ~AJcc9,~i'j1"vn 1D C. 

I hereby. certify that the proceedings and 

evidence are contained fully and accurately on the 

tapes and notes reported by me at the hearing in the 

Date: 

a 0 ,utVAI?-> - ~~ """"~ 1"1. Yt.:rrE.f'...._ 

Official Reporter 

Heritage Reporting Corporation 

Suite 600 

l220 L Street, N.W. 

Washington, D.C. 20005-40l8 

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