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, 

September 29, 2014 

The teleconference convened, 

pursuant to notice, at 11:00 a.m. 

BEFORE: 

THE HONORABLE J. E. SULLIVAN, 

Administrative Law Judge 

RECE\VED 

OCi 1 4 ?Jl\4 

HEARING DOCKET 

ORIGINAl 

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APPEARANCES: 

On Behalf of the Complainant: 

CHRISTOPHER R. STEVENSON 

of: Office of the Regional Counsel 

Southern Region 

Federal Aviation Administration 

P.O. Box 20636 

Atlanta, GA 30320 

TEL: 404-305-5200 

FAX: 404-305-5223 

On Behalf of the Respondent: 

ROBERT P. SILVERBERG 

of: Silverberg, Goldman & Bikoff, LLP 

Georgetown Place, Suite 120 

1101 30th St N.W. 

Washington DC 20007 

TEL: 202-944-3300 

FAX: 202-944-3306 

Also Present: 

Cody L. Smith, FAA Attorney 

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

2 11:00 a.m. 

3 JUDGE SULLIVAN: We're on the 

4 record in the matter of Airborne Maintenance 

5 and Engineering Services. This is Docket No. 

6 FAA-2013-0291. 

7 Today is Monday, September 

8 29,2014, and the parties have appeared for a 

9 short set motion conference. 

10 The Federal Aviation 

11 Administration, which I'll hereinafter refer 

12 to as the FAA, is represented by its attorney 

13 of record, Mr. Christopher R. Stevenson. The 

14 Respondent, Airborne Maintenance and 

15 Engineering Services, is represented by its 

16 attorney of record, Mr. Robert P. Silverberg. 

17 Both counsel are appearing by telephone today, 

18 as is the Court. 

19 Also appearing as an observer, 

20 sitting in at the Office of Hearings, is Mr. 

21 Cody L. Smith, an Attorney Advisor with the 

22 office. 

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1 Good morning to you all. I will, 

2 basically, highlight where we are from the 

3 last time the Court was involved. 

4 On August 19, 2014, there was an 

5 order denying Respondent's Motion to Compel 

6 discovery of FAA attorneys' work product. 

7 On September 25, 2014, there was 

8 an FAA Motion for Extension of Time for 

9 Discovery filed, and on September 26, 2014, 

10 the Respondent filed its answer to FAA's 

11 Motion for Extension of Time for Discovery. 

12 The parties then have set today 

13 for a short set conference to discuss the 

14 motion, the response, and anything else that 

15 might come up during these proceedings. 

16 Just so you all know, I've had a 

17 chance to read both of your materials, and I'm 

18 going to ask you, Mr. Stevenson, a couple 

19 questions first, just so that I make sure I'm 

20 on board. 

21 MR. STEVENSON: Sure. 

22 JUDGE SULLIVAN: I'm going to 

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1 identify, first and foremost, whose 

2 depositions still need to be taken, because I 

3 understand that from the material before me 

4 your client, the FAA, still needs to take two 

5 depositions. One of Mr. Becker, and two, of 

6 an unknown witness of the Respondent. 

7 Is that correct, or are there more 

8 than two? 

9 MR. STEVENSON: There are not more 

10 than two, and the witness who has been 

11 identified for the corporate deposition is the 

12 same person as the individual-- individually 

13 named deposition. 

14 Opposing counsel and I have not 

15 discussed how we would work the mechanics of 

16 that, if we would just combine those into one 

17 deposition or handle them separately. But, it 

18 may just be one person, as long as he can 

19 answer all of the questions. 

20 JUDGE SULLIVAN: Okay. So, 

21 essentially, Mr. Becker may end up being one 

22 witness on two different matters, or Mr. 

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1 Becker and a second witness may be deposed by 

2 the FAA. Is that it? 

3 MR. STEVENSON: Yes. 

4 JUDGE SULLIVAN: Okay. And then, 

5 same with you, Mr. Stevenson. According to 

6 the materials I've read, it appears that the 

7 Respondent wants to depose Inspector Lipinski, 

8 Inspector D' Arcy, and that's spelled D- '-A-R9 C-Y, as well as, potentially, an inspector 

10 named Steffey, S-T-E-F-F-E-Y. 

11 Is there anyone else currently 

12 identified that I haven't named? 

13 MR. STEVENSON: No, Your Honor. 

14 JUDGE SULLIVAN: Okay. Mr. 

15 Silverberg, turning to you, anything you would 

16 like to add or correct, in terms of who still 

17 needs to have their testimony deposed? 

18 MR. SILVERBERG: Your Honor, I 

19 would only mention that with respect to Mr. 

20 Becker, I had indicated to Mr. Stevenson that 

21 he would be the witness that would speak both 

22 to the actual issues and any corporate or 

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1 30 (b) (6) type questions they wanted to pose. 

2 JUDGE SULLIVAN: Okay. 

3 MR. SILVERBERG: And so, he is the 

4 single individual we've designated. 

5 As Your Honor knows from reading 

6 the file, we have, in fact, sent two sets of 

7 deposition notices, with respect to Mr. 

8 Lipinski and Mr. D' Arcy. We did not yet send 

9 a deposition notice to Mr. Steffey. We've not 

10 received any indication when he might be 

11 available. 

12 And, frankly, if it was required 

13 in order to meet the current deadline, we 

14 would forego taking a deposition of Inspector 

15 Steffey. 

16 JUDGE SULLIVAN: Okay. And, when 

17 you talk about the two different deposition 

18 notices, according to my reading of the 

19 material you are talking about the first 

20 deposition notices that noted depositions for 

21 September 2 3 , 2 014, and then the second 

22 notices the deposition for the same two 

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1 inspectors on today's date, September 29, 

2 20147 

3 MR. SILVERBERG: September 30th, 

4 Your Honor. 

5 JUDGE SULLIVAN: Thank you. Okay. 

6 Okay. And then, Mr. Silverberg, 

7 same with you. Essentially, as I read the 

8 material, the depositions of Inspector 

9 Lipinski and Inspector D'Arcy would be taken 

10 in Orlando, Florida. Where would Inspector 

11 Steffey's deposition be taken, if it's taken? 

12 MR. SILVERBERG: I understood from 

13 Mr. Stevenson that his locale is in Michigan, 

14 I guess Detroit, or the suburbs of Detroit, 

15 perhaps. 

16 JUDGE SULLIVAN: And then, Mr. 

17 Becker would be available in Wilmington, Ohio 

18 still? 

19 MR. SILVERBERG: That is correct. 

20 JUDGE SULLIVAN: Okay. All right. 

21 Mr. Stevenson, I'm going to turn 

22 back to you. Do you have any disagreement or 

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1 anything to add to that additional information 

2 that Mr. Silverberg has provided so far? 

3 MR. STEVENSON: No, Your Honor. 

4 JUDGE SULLIVAN: Okay. So, let's 

5 talk a little bit about what needs to be done 

6 and why. 

7 If I understood it from the file, 

8 we had, on June 23, 2014, an order setting new 

9 litigation dates and procedures filed, and 

10 this was after the parties had appeared by 

11 telephone conference that same date to talk 

12 about a new litigation schedule. 

13 And, while you are both on the 

14 line, I should note that the order setting new 

15 litigation dates and procedures has an 

16 incorrect service date on it. Obviously, it 

17 was sent out and mailed to everyone on June 

18 23, 2014, the date that we all appeared and 

19 talked about these matters. 

20 The date that's contained on the 

21 order is, actually, back dated to June 23, 

22 2013. 

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1 So, how that got past my 

2 signature, I can only claim responsibility and 

3 say mea culpa. 

4 If you folks would like me to, I 

5 can certainly send out a corrected order, or 

6 if it's acceptable I can simply note that 

7 correction for us today. 

8 Mr. Stevenson, do you have a 

9 preference? 

10 MR. STEVENSON: Just noting the 

11 correction here is fine. 

12 JUDGE SULLIVAN: Mr. Silverberg, 

13 how about you? 

14 MR. SILVERBERG: Your Honor, the 

15 order that I have very clearly states at the 

16 top, "served June 23." But, there's a stamp 

17 on the side to the left of the caption box, 

18 which indicates the 24th. But, your 

19 explanation certainly is satisfactory and 

20 adequate for our purposes. 

21 JUDGE SULLIVAN: Okay, thank you. 

22 Then let's talk about what that 

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1 particular order says. In it there was to be 

2 a resumption of fact witness deposition on 

3 August 24, 2014, with a deadline of September 

4 3 0, 2 014, for taking all of those fact witness 

5 depositions. 

6 Mr. Stevenson, were any fact 

7 witness depositions taken between that period 

8 of time, or are they all outstanding at this 

9 point? 

10 MR. STEVENSON: They are all 

11 outstanding at this point, Your Honor. 

12 JUDGE SULLIVAN: Okay. And, that 

13 being Mr. Becker and the potential three 

14 inspectors. 

15 MR. STEVENSON: Yes, Your Honor. 

16 JUDGE SULLIVAN: So, I noted in the 

17 materials that both counsel filed, that there 

18 were problems in alternate commitment that 

19 both of you have had, that prevented every day 

20 from being available during that short window. 

21 According to both of you, it looks 

22 like you hesitate to agree to a brief 

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1 extension of time within the current schedule, 

2 for fear that it will not be enough time for 

3 you to finish before the newest trial dates 

4 that we have set, which are in May. So, let's 

5 talk about that a little bit. 

6 Let's assume, just for the sake of 

7 argument, that we wanted to stay within this 

8 current schedule. According to you, Mr. 

9 Stevenson, you were talking, at least in your 

10 exchange with Mr. Silverberg by email, about 

11 bumping out times for the summary judgment 

12 argument. And, I wanted to ask you a little 

13 bit more about what you were thinking. 

14 Currently, the summary judgment 

15 argument is set for January 13, 2015. What 

16 were you thinking, in terms of bumping that 

17 out a little bit? 

18 MR. STEVENSON: Well, for myself, 

19 Your Honor, and I understand, obviously, a 

20 conference call involves everyone's schedule, 

21 including your own. But, for myself, it seems 

22 that I do not have any conflicts that would 

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1 occur with that if we added two or three weeks 

2 after it's currently scheduled. And, it 

3 seemed like it was possible that if we had the 

4 motion conference in that time frame it would 

5 still be possible to not move the hearing. 

6 So, that's what I had been thinking. 

7 But, that also -- the changes that 

8 would be made with the judgment motion, the 

9 various deadlines, might end up putting 

10 deadlines on, you know, the day after 

11 Christmas, or things like that, that might 

12 cause their own problems. 

13 But, for the motion conference 

14 itself, at the time that I wrote that email I 

15 had been thinking it could be extended two or 

16 three weeks, and, hopefully, not disrupt the 

17 hearing date. 

18 JUDGE SULLIVAN: Okay. Mr. 

19 Silverberg, what's your thought about that? 

20 MR. SILVERBERG: Well, Your Honor, 

21 I would make a preliminary comment, and then 

22 if I can answer your question. 

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1 As I indicated, and as you saw in 

2 the email traffic between Mr. Stevenson and 

3 myself, you know, we certainly did our best to 

4 get the depositions scheduled and completed 

5 prior to the deadline. 

6 We, with two times now, sought to 

7 depose Mr. Lipinski and D'Arcy, we indicated 

8 that Mr. Becker would be available on the last 

9 day, September 30th. We didn't hear back in 

10 time to do anything but to make those final 

11 plans, and to proceed on that basis, only to 

12 be told by Mr. Stevenson that, perhaps, you 

13 know, his he would go ahead with his 

14 deposition of Mr. Becker first, and then 

15 thereby meeting the deadline requirement. 

16 Unlike myself, Mr. Becker has 

17 never been noticed for deposition prior to 

18 this -- well, he was noticed earlier before 

19 the reset of the procedural dates, but not in 

20 the more recent time frame. 

21 So, you know, we think we have 

22 done all we can to get these depositions 

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1 underway, using the dates that Mr. Stevenson 

2 said he had available, but that didn't turn 

3 out to be correct. 

4 So, here we are. If you were to 

5 consider moving the fact witness depositions 

6 deadlines, you know, I would observe that the 

7 need to look at the calendar carefully, and 

8 make sure we don't end up on dates, deadline 

9 dates, that would make it somewhat difficult 

10 for matters to be handled, in case of the 

11 holiday intervening or something like that. 

12 So, I haven't tried to surgically 

13 analyze the procedural schedule from that 

14 standpoint, but it seems to me that we'd have 

15 to be careful to avoid that possibility. 

16 And otherwise, if Your Honor is 

17 committed to the May hearing dates, you know, 

18 to observe that deadline as well. 

19 JUDGE SULLIVAN: Okay, thank you. 

20 MR. SILVERBERG: And, I would add 

21 that I would prefer that we do just that. I 

22 don't want the hearing dates to just simply 

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1 keep being pushed out, and out, and out. 

2 JUDGE SULLIVAN: I understand. 

3 Thank you. 

4 I would first start by saying I 

5 appreciate both parties materials, and the 

6 explanation and detail about what was 

7 happening. 

8 I think that there were some -- I 

9 think there were some efforts made to schedule 

10 these depositions within the time period 

11 allotted, and that that didn't work out for 

12 several reasons. 

13 I also think that that parties had 

14 an ambitious schedule, and a very difficult 

15 schedule to meet in a short period of time, 

16 particularly, given the Court's relying 

17 denying access as requested by the Respondent, 

18 which put the burden on the Respondent to take 

19 depositions. 

2 0 So, I am reluctant, at this point, 

21 to assert that either party should be blamed, 

22 or that the FAA, in particular, should be 

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1 sanctioned. And, I will be denying that 

2 request by the Respondent. 

3 Now, what I would like to do is 

4 talk about effective solutions that meet the 

5 needs of both parties. 

6 So, the first solution that has 

7 been proffered is to maintain the current 

8 schedule, and I want to explore that a little 

9 bit with the parties. 

10 I am happy to try and do that, if 

11 that's possible. If it's not possible for 

12 certain reasons, then we can talk about 

13 pushing the trial date out a little bit to 

14 accommodate both parties and their abilities 

15 to adequately and satisfactorily prepare for 

16 trial. 

17 So, when I look at this particular 

18 schedule that we have before us right now, it 

19 does appear that there's a possibility of 

20 pushing out the summary judgment oral argument 

21 a little bit to allow for some additional 

22 time. But, that has to also incorporate the 

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1 likelihood, if it's possible, to take the 

2 depositions that are needed within a fairly 

3 short period of time from today' s date, 

4 because as both counsel have already noted, 

5 there are some holiday times that rise up 

6 right around the time of preparation for 

7 summary judgment. And, I have never been a 

8 fan of scheduling things so that counsel loses 

9 their holiday time. I think that's always 

10 avoidable, unless you have an emergency case. 

11 So, let's talk first about that 

12 possibility, and see if it's workable. If we 

13 move the summary judgment oral argument from 

14 January 13, 2015, to a date some time in 

15 February, for example, the latter part of 

16 February, I have to take a look at my calendar 

17 and see when that could be done. And, I'm 

18 looking at the week of March the 1st for a 

19 summary judgment oral argument. 

20 If I do that, then I would push 

21 out the March 5, 2015 date and the March 26, 

22 2015 date to April, which would precede the 

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1 May 5, 2015 first day of hearing. 

2 So, assuming that we have oral 

3 argument March-- the week of March 1 of 2015, 

4 we could then bump out the deadlines for 

5 filing dispositive motions, answers and 

6 replies accordingly. 

7 And, as I look at my calendar, I'm 

8 going to look carefully at -- take a look --

9 we could potentially schedule the deadline for 

10 filing a dispositive motion on or about 

11 January 15, and answer on or about February 5, 

12 a reply on or about February 19, for example. 

13 If we did that, we could stay with 

14 our current trial date, and then we could push 

15 out these other dates as well. And, I haven't 

16 come up with any particular dates for the push 

17 out for, for example, the close of fact 

18 depositions, the exchange of initial expert 

19 disclosures and so forth. 

20 But, I want to check in with both 

21 of you about whether that's doable for your 

22 current calendars. If it ' s not , then we 

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1 should be talking about moving out the trial 

2 date a little bit, I think. 

3 So, Mr. Stevenson, starting with 

4 you, and just knowing that your calendar is 

5 blank, what are your thoughts about your 

6 availability for taking depositions, and/or 

7 for being available for a potential change in 

8 the current summary judgment schedule? 

9 MR. STEVENSON: I'm sorry, I'm not 

10 getting -- I mean, -- let me start again --

11 I'm sorry, I'm a bit confused at what you are 

12 asking. You discussed possible changes in the 

13 dispositive motion deadline, but you were 

14 asking about when I'm available for the 

15 depositions? 

16 JUDGE SULLIVAN: Correct. They are 

17 both tied together. So --

18 MR. STEVENSON: Okay, I 

19 JUDGE SULLIVAN: -- let me finish. 

20 Essentially, as I mentioned earlier, part of 

21 this involves taking depositions within the 

22 short period of time from today's date. 

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1 So, for example, if you have the 

2 ability, with Mr. Silverberg, to take your 

3 fact depositions within the next two or three 

4 weeks, you, potentially, have the ability to 

5 stay within the schedule with a little bit of 

6 tweaking. And, the tweaking would be, 

7 ultimately, moving out your summary judgment 

8 schedule, as I've mentioned, so that we could 

9 push out all the other dates prior to that, 

10 and yet, still maintain a May, 2015 hearing 

11 schedule. 

12 If, however, you don't have the 

13 ability to schedule and take these fact 

14 depositions within a short turnaround time 

15 from today, Mr. Silverberg has indicated in 

16 his responsive materials that that creates a 

17 problem, ultimately, and this Court agrees. 

18 So, my question to you is, what is 

19 your sense of, number one, whether you can 

20 have the ability to be available to take 

21 depositions with a two or three week period 

22 from today, and, number two, whether you would 

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1 have the ability, given your own holiday 

2 schedule, to push out and meet deadlines such 

3 as I've recommended for your summary judgment 

4 schedule? 

5 MR. STEVENSON: I would not be able 

6 to complete depositions within two or three 

7 weeks of today, both next week and -- I'm 

8 sorry, both next week, the week of the 6th, 

9 and the week after that, the week of the 13th, 

10 I have matters scheduled that would preclude 

11 that. 

12 I am available, and to the best of 

13 my knowledge right now the three potential FAA 

14 deponents are available on the weeks of 

15 October 20th and October 27th. The only 

16 currently scheduled conflict I would have 

17 during those entire two weeks is the second 

18 session of the Rule 16 conference that I have 

19 in front of Your Honor involving the Puerto 

20 Rico Police Department. 

21 With that said, I also would not -

22 - I would not have any difficulty with the 

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1 motion deadlines that Your Honor proposed. 

2 That would not interfere with my holiday 

3 schedule, and I believe that if we did need 

4 until the end of October to complete the 

5 depositions, then that is something that would 

6 still leave us on a schedule that would let us 

7 meet the dispositive motion deadlines that you 

8 proposed. 

9 JUDGE SULLIVAN: Okay. Mr. 

10 Silverberg, what's your response to this 

11 particular possibility? 

12 MR. SILVERBERG: Well, Your Honor, 

13 as I indicated in our answer to the FAA's 

14 motion, Mr. Becker will again be available if 

15 his deposition is not taken by October 7th, 

16 the next available date would start with the 

17 week of October 20th. 

18 And, I suppose, you know, if you 

19 were amenable to moving the deposition 

20 deadline out that far, it appears, based on 

21 what Mr. Stevenson has said, but having to be, 

22 I guess, confirmed through the formal filing 

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1 of notices of deposition, is that we could 

2 accomplish the two or three depositions we 

3 choose to take, and he could accomplish the 

4 one that he chooses to take. 

5 And, if the motion dispositive 

6 motion deadline is moved, as Your Honor 

7 indicated, and, Your Honor, I wonder if I 

8 could ask you to repeat those three dates you 

9 were throwing out as possibilities. 

10 JUDGE SULLIVAN: Well, I can give 

11 you the general. 

12 I was saying that, perhaps, we 

13 could have the dispositive motion filed on or 

14 before January 15th. 

15 MR. SILVERBERG: Right. 

16 JUDGE SULLIVAN: The 15th. 

17 And, looking at my calendar, I 

18 would suggest February 12, 2015, for the 

19 answer. We could shorten that up to February 

2 0 5, for example, and would have either February 

21 19th or the 26th available for a reply. 

22 MR. SILVERBERG: I mean, that 

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1 certainly takes into account our concern about 

2 shortening the deadline between the end of 

3 fact depositions and the time it takes to get, 

4 hopefully, a non-expedited, thereby cheaper, 

5 transcript. 

6 JUDGE SULLIVAN: Right. 

7 MR. SILVERBERG: And, the necessity 

8 to meet the deadline for the filing of a 

9 dispositive motion. 

10 JUDGE SULLIVAN: So, why don't we 

11 do this. Why don't we take a look, I'm 

12 looking at the June 23, 2014 order, we could 

13 change that a little bit and say that, instead 

14 of having all the fact witness depositions 

15 taken by tomorrow, which is 9/30/2015 -- 2014, 

16 excuse me, we could push that date out, say, 

17 to, perhaps, November 4, 2014, and then we 

18 could have initial expert disclosures and 

19 expert rebuttal reports, I'm looking at -- I 

2 0 have to go back to my November calendar -- I'm 

21 going to give you some suggestions in just a 

22 minute. 

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1 Okay. I think that might work out 

2 really well. Let's see, how about this, we 

3 push out the September 30, 2014 deadline for 

4 fact witness depositions to November 4, 2014. 

5 Hopefully, that would take into account Mr. 

6 Becker's availability on or before October 

7 7th, and then unavailability until October 

8 20th. It should also take into account the 

9 availability of the inspectors in the week of 

10 October 27th. We could even, potentially, 

11 push out the deposition deadline to November 

12 7th, essentially. 

13 If we did that, then the initial 

14 expert disclosures could be provided by, say, 

15 November 19th, with expert rebuttal 

16 disclosures due by December 12th, or, say, 

17 December 17th, at which point the January 15, 

18 2015 becomes the due date for dispositive 

19 motions. Expert disclosures would also be the 

2 0 due date for completing all general discovery. 

21 Now, let me talk with Mr. 

22 Stevenson, you first. 

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1 What's your thought about the 

2 November 7th date, November the 19th, December 

3 12th or 17th dates in general, are those good 

4 for you, or do you want to make some 

5 modifications? Do you want me to go through 

6 them again? 

7 MR. STEVENSON: No. I have a -- I 

8 was just double checking my calendar -- I have 

9 a hearing scheduled at the time of the initial 

10 expert disclosure due date, but that does not 

11 present a problem for me. I just have to make 

12 sure to get it out the week before that, but 

13 that shouldn't be an issue. 

14 So, those dates should not present 

15 a problem for my schedule. 

16 JUDGE SULLIVAN: Do you prefer 

17 expert rebuttal disclosures to be December 

18 12th or the 17th? Do you have a preference? 

19 MR. STEVENSON: December 12th. 

20 JUDGE SULLIVAN: Okay. That would 

21 also be the deadline for completing all 

22 general discovery. Is that still acceptable 

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1 for you? 

2 MR. STEVENSON: Yes, Your Honor. 

3 JUDGE SULLIVAN: Okay. Mr. 

4 Silverberg turning to you, what are your 

5 thoughts about these particular proposed 

6 dates? Do you have any modifications or 

7 comments? 

8 MR. SILVERBERG: They -- well, I 

9 guess I find that, you know, it would have 

10 been unnecessary to have to go through this, 

11 it just delays what we have to do and 

12 complete, but I understand Your Honor has 

13 indicated otherwise. 

14 So, with respect to fact 

15 witnesses, I know of no reason why Mr. Becker 

16 would not be possible to be made available 

17 some time after -- or the week of October 

18 20th, so that seems to -- that piece of the 

19 puzzle fits. 

20 Expert disclosures, that date you 

21 are suggesting, the 19th of November, is fine. 

22 Rebuttals, as I understand it, 

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1 would now be December 12th. That's okay as 

2 well. 

3 General discovery deadline would 

4 also be December 12th, is that what Your Honor 

5 is indicating? 

6 JUDGE SULLIVAN: That's what I'm 

7 suggesting to you, unless you tell me 

8 differently. 

9 MR. SILVERBERG: No, that would 

10 give us a month after general discovery is 

11 completed to prepare a dispositive motion, and 

12 that's satisfactory. 

13 JUDGE SULLIVAN: Okay. And, does 

14 that interfere, remarkably, with any holiday 

15 plans you might have had, because that's part 

16 of the equation here. 

17 MR. SILVERBERG: Right. No, we've 

18 managed to sidestep, I think, our holiday 

19 period. So 

20 JUDGE SULLIVAN: Okay. Then, let 

21 me ask you about this. We have I had 

22 suggested a January 15, 2015 due date for 

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1 filing of dispositive motions, with answers 

2 being filed I've got to go back to my 

3 calendar 

4 MR. SILVERBERG: I think you said 

5 February 12th, Your Honor. 

6 JUDGE SULLIVAN: -- February 12th, 

7 thank you. And then, with a reply no later 

8 than February 26, 2015. 

9 Do those dates work for your 

10 client? 

11 MR. SILVERBERG: Well, they will 

12 work for me, and I will see to it that they 

13 work for the client as well. 

14 JUDGE SULLIVAN: Okay. Then, let's 

15 talk about resetting the telephone conference, 

16 and I had originally talked to you folks about 

17 setting that in the week of March 1st. 

18 So, starting with you, Mr. 

19 Stevenson, do you have any blackout times 

20 during the week of March 1, 2015 for a 

21 reschedule telephone conference? 

22 MR. STEVENSON: No, Your Honor. 

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1 JUDGE SULLIVAN: And, Mr. 

2 Silverberg? 

3 MR. STEVENSON: March 15th, is that 

4 what you indicated? 

5 JUDGE SULLIVAN: No, I'm saying the 

6 week of March 1, 2015, is the week I think we 

7 should have a telephone conference for the 

8 summary judgment. 

9 MR. STEVENSON: Oh, yes . Well, the 

10 reply will the week of -- we should have 

11 about a week, I think, after the reply, but 

12 the March 1st is fine. 

13 JUDGE SULLIVAN: Okay. During the 

14 week of March 1, 2015, do you have any 

15 blackout times during that week, that prevent 

16 you from appearing for a 90-minute telephone 

17 conference? 

18 MR. STEVENSON: Not -- not based on 

19 my calendar now, no, Your Honor. 

20 JUDGE SULLIVAN: Okay. Then why 

21 don't we plan on 

22 MR. STEVENSON: March 1st, the week 

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1 of March 1st, that's a Sunday, so the first 

2 working day would be March 2. 

3 JUDGE SULLIVAN: That's correct. 

4 JUDGE SULLIVAN: Well, why don't we 

5 plan on February 5, 2015, at 1:30. 

6 MR. STEVENSON: I'm sorry, did you 

7 say February or March? 

8 JUDGE SULLIVAN: March, excuse me. 

9 MR. STEVENSON: March. 

10 JUDGE SULLIVAN: Thank you so much. 

11 March 5, 2015, from 1:30 to 3:00 

12 p.m., March 5, 2015 is a Thursday. 

13 And, in the event that no summary 

14 judgment motion or dispositive motions are 

15 filed, that conference will automatically be 

16 converted and held as a pre-hearing status 

17 conference. 

18 That means that the March 5, 2015 

19 due date for exchanging a list of witnesses 

20 and exhibits is pushed out as well. And, 

21 let's say that should be done by April 9, 

22 2015. 

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1 And then, how about April 23, 

2 2015, for any written stipulations, and/or 

3 motions in limine, that leaves us to retain 

4 the May 5 through May 8, 2015 hearing dates. 

5 Mr. Stevenson, starting with you, 

6 any problems or concerns about that revised 

7 schedule? 

8 MR. STEVENSON: No, Your Honor. 

9 JUDGE SULLIVAN: Okay. Mr. 

10 Silverberg, turning back to you, same 

11 question. 

12 MR. SILVERBERG: Yes, Your Honor. 

13 Well, there's only one thing that right now is 

14 compelling as a result of the Court set 

15 deadline for me, and, unfortunately, it's not 

16 yet set but it's a possibility. 

17 There would be an oral argument 

18 held at the 4th Circuit in connection with 

19 that litigation. As you may recall, I 

20 mentioned to you and it was the reason for the 

21 first resetting of the procedural dates. So, 

22 I'm pleased to report that the case was won by 

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1 our client, but, unfortunately, the plaintiff 

2 has appealed. 

3 So, we are at the mercy of the 4th 

4 Circuit as to first determining whether or not 

5 it chooses to hear our oral argument, and 

6 second, when it does. So, that's the only 

7 unknown I have right now on my calendar. 

8 JUDGE SULLIVAN: Okay. 

9 MR. SILVERBERG: But, having said 

10 that, these dates, based on my current 

11 calendar, would appear to work as well. 

12 JUDGE SULLIVAN: Okay, very good. 

13 Please let us know if you hear 

14 from the 4th Circuit and there's a conflict. 

15 I'm happy to defer to the 4th Circuit's 

16 calendar. 

17 MR. SILVERBERG: Very well, Your 

18 Honor. Thank you. 

19 JUDGE SULLIVAN: Your welcome. 

20 And, what I will do is, I will 

21 send out an order today or no later than 

22 tomorrow codifying this change in the 

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1 litigation schedule. 

2 Mr. Stevenson, turning back to 

3 you, I will wish you a very happy anniversary 

4 postdated, obviously. Is there any other 

5 question or comment that you would like to 

6 make on behalf of your client before we close? 

7 MR. STEVENSON: Thank you for your 

8 well wishes, Your Honor, and I do not have any 

9 additional matters to raise. 

10 JUDGE SULLIVAN: Mr. Silverberg, 

11 turning to you, I will extend my 

12 congratulations to you on your anniversary 

13 earlier this month. 

14 MR. SILVERBERG: Thank you, and I 

15 will extend those good wishes to my wife. 

16 JUDGE SULLIVAN: Good. 

17 Is there anything you would like 

18 to comment, or add, or modify before we close 

19 today? 

20 MR. SILVERBERG: I would only say 

21 that in light of the change in the procedural 

22 dates that you've just indicated, and in 

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1 effect ruled, we will suspend the deposition 

2 scheduled for tomorrow in Orlando for the 

3 D'Arcy and Lipinski depositions, and reset 

4 those, well, maybe, Chris, you can help me 

5 here, some time the week of October 20th, I 

6 guess. 

7 JUDGE SULLIVAN: Do you folks 

8 would you folks like to schedule that 

9 reschedule those now while the Court is still 

10 on the phone? 

11 Mr. Silverberg? 

12 MR. SILVERBERG: No, but I just 

13 wanted to make sure it was clear that we will 

14 not go forward with the depositions tomorrow. 

15 JUDGE SULLIVAN: Mr. Stevenson, is 

16 that acceptable to you? Are you able to go to 

17 Orlando tomorrow for those? 

18 MR. STEVENSON: At this point, I 

19 would not be able to go to Orlando for a 

20 deposition tomorrow morning anyway. 

21 JUDGE SULLIVAN: Okay. 

2 2 MR. STEVENSON: But, thank you, Mr. 

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1 -- I would thank Mr. Silverberg for making 

2 that explicit, and I would-- if he and I can 

3 work something out for the various depositions 

4 at the various locations, hopefully, those two 

5 weeks in October. 

6 JUDGE SULLIVAN: Okay. Then I will 

7 thank you both very much. Good luck in this 

8 last part of the case. 

9 I'll look forward to talking to 

10 you in March, 2015. And, if there are any 

11 other matters that need the Court's attention, 

12 you know how to reach me through Mr. Smith. 

13 With that, we can go off the 

14 record, and I wish you all a good day. 

15 Thank you. 

16 MR. SILVERBERG: Thank you very 

17 much, Your Honor. 

18 MR. STEVENSON: Thank you. 

19 JUDGE SULLIVAN: All right, bye20 bye. 

21 (Whereupon, the above-entitled 

22 matter was concluded at 11:40 a.m.) 

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(202) 234-4433 Washington DC www.nealrgross.com 
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(202) 234-4433 Washington DC www.nealrgross.com 
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(202) 234-4433 Washington DC www.nealrgross.com 
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Neal R. Gross and Co., Inc. 

Washington DC www.nealrgross.com 
44 

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 and Engineering 

Services 

Before: us DOT 

Date: 09-29-2014 

Place: Teleconference 

was duly recorded and accurately transcribed under 

my direction; further, that said transcript is a 

true and accurate record of the proceedings. 

(202) 2344433 

Court Reporter 

NEAL R. GROSS 

COURT REPORTERS AND TRANSCRIBERS 

1323 RHODE ISLAND AVE., N.W. 

WASHINGTON, D,C, 20005-3701 www .nealrgross.com