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 14?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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### 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 representedby its attorney 13 of record, Mr. ChristopherR. 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 appearingby telephonetoday, 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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### 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 

### identifiedfor the corporatedepositionis 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 

### depositionor 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 

### Respondentwants to depose InspectorLipinski, 8 

### InspectorD'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, turningto you, anythingyou 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

NEAL R. GROSS (202) 234-4433 COURT REPORTERSANDTRANSCRIBERS 1323 RHODE ISLANDAVE., NW. WASHINGTON, D.C. 20005-3701 (202) 234-44337 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 depositionnotice 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, 2014, 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 depositionbe 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 anythingto 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 settingnew 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 settingnew 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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### So, how that got past my 2 signature, I can only claimresponsibilityand 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

NEAL R. GROSS (202) 234-4433 COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., NW. WASHINGTON, D.C. 20005-3701 (202) 234-443311 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 30, 2014, 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 preventedevery day 20 from being availableduring 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 extensionof 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 includingyour own. But, for myself, it seems 22 that I do not have any conflicts that would

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### 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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### As I indicated, and as you saw in 2 the email traffic between Mr. Stevenson and 3 myself, you know, we certainlydid 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 requestedby the Respondent, 18 whichput the burden on the Respondent to take 19 depositions. 20 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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### 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 satisfactorilyprepare 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 pushingout the summaryjudgment oral argument 21 a little bit to allow for some additional 22 time. But, that has to also incorporate the

NEAL R. GROSS (202) 234-4433 COURT REPORTERSANDTRANSCRIBERS 1323 RHODE ISLANDAVE., N.W. WASHINGTON, D.C. 20005-3701 (202) 234-443318 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 schedulingthings 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

NEAL R. GROSS (202) 234-4433 COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISlANDAVE., N.W. WASHINGTON, D.C. 20005-3701 (202) 234-443319 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 couldpotentiallyschedulethe 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 particulardates 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 discussedpossible 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, whetheryou would

NEAL R. GROSS (202) 234-4433 COURT REPORTERSANDTRANSCRIBERS 1323 RHODE ISLANDAVE., N.W. WASHINGTON, D.C. 20005-3701 (202) 234-443322 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 somethingthat would 6 still leave us on a schedule that would let us 7 meet the dispositivemotion 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. Stevensonhas said, but having to be, 22 I guess, confirmed through the formal filing

NEAL R. GROSS (202) 234·4433 COURT REPORTERSANDTRANSCRIBERS 1323 RHODE ISLANDAVE., N.W WASHINGTON, D.C. 20005-3701 (202) 234-443324 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 20 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 certainlytakes into account our concernabout 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 littlebit and say that, instead 14 of having all the fact witness depositions 15 takenby 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 20 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 disclosureswould also be the 20 due date for completingall general discovery. 21 Now, let me talk with Mr. 22 Stevenson, you first.

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### What's your thought about the 2 November 7th date, Novemberthe 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 checkingmy calendar

-- I have 9 a hearing scheduledat 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 completedto prepare a dispositivemotion, 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 resettingthe telephoneconference, 16 and I 

### had originallytalked 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 automaticallybe 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 determiningwhether 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 somethingout 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 othermatters 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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**~** Neal R. Grossand Co., Inc. (202) 234-4433 Washington DC www.nealrgross.com24:2032:5,11,12 32:18 33:4 6 6th22:8 7 7th23:1526:7,12

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(202) 234-4433 Page 43

Neal R. Gross and Co., Inc. Washington DC www.nealrgross.com44 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

NEALR. GROSS COURTREPORTERSANDTRANSCRIBERS 1323RHODE ISLANDAVE.,N.W. WASHINGTON, D,C, 20005-3701 www.nealrgross.com