1 

UNITED STATES OF AMERICARECEIVED 

DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, DC 

MAR 1 8 2014 

HEARING DOCK T 

IN THE MATTER OF: 

LINCOLN PARK AVIATION 

(Civil Penalty Action) 

FDMS No. 

FAA-2013-0719 

Tuesday, 

February 25, 2014 

The above-entitled matter came on 

for Rule 16 Litigation Scheduling Conference 

via teleconference, pursuant to notice, at 

11:00 p.m. 

BEFORE: THE HONORABLE J.E. SULLIVAN 

Administrative Law Judge 

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APPEARANCES: 

On Behalf of the Respondent: 

FRANK R. GALELLA, III 

Lincoln Park Aviation 

425 Beaverbrook Road 

Lincoln Park, New Jersey 07035 

(973) 633-0450 (tel) 

(973) 872-6256 (fax) 

On Behalf of the Complainant: 

ZACHARY M. BERMAN, ESQ. 

Office of the Regional Counsel 

Eastern Region 

Federal Aviation Administration 

1 Aviation Plaza 

Jamaica, NY 11434 

(718) 553-3258 (tel) 

(718) 995-5699 (fax) 

Also Present 

Cody L. Smith, U.S. Department of 

Transportation 

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

2 11:02 a.m. 

3 JUDGE SULLIVAN: We're on the 

4 record in the matter of Lincoln Park Aviation. 

5 This is Docket No. FAA-2013-0179. Today is 

6 Tuesday, February 25, 2014, and the parties 

7 have convened for a Rule 16 litigation 

8 scheduling conference. 

9 The Federal Aviation 

10 Administration, which I'll hereinafter refer 

11 to by its initials, FAA, is represented by its 

12 attorney of record, Zachary M. Berman, who is 

13 present by telephone. 

14 The Respondent, Lincoln Park 

15 Aviation, is represented by Mr. Frank R. 

16 Galella, III. He is also appearing by 

17 telephone. 

18 In addition to the litigating 

19 parties, we also have an observer present at 

20 the Office of Hearings. That is Mr. Cody L. 

21 Smith, who is an attorney with this office. 

22 Good morning to you all. 

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1 I'll just note that, essentially, 

2 the record is such that January 2, 2014 an 

3 order setting Rule 16 litigation scheduling 

4 process and directing Rule 26 planning and 

5 submission was filed and served upon the 

6 parties. 

7 And, on February 4, 2014, the 

8 Office of Hearings received the joint proposed 

9 procedural schedule from the parties, which I 

10 have in front of me now. 

11 I will note, however, that there 

12 was an error that you both probably saw in the 

13 Rule 16 order that was filed on January 2, 

14 2014. My staff advised me after the matter 

15 was filed that the docket number and case 

16 number were both incorrect. 

17 The docket number, if you look at 

18 that page one of the order, shows an inverted 

19 number at the very last four number sequence. 

20 So, instead of 0719 it says 0179. 

21 In addition, the case number reads 

22 2012-EA-250037, when, in fact, the correct 

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1 case number is 2011-EA-250037. 

2 So, my staff contacted the hearing 

3 docket, and the hearing docket noted that it 

4 had already caught the error, hand corrected 

5 it, and they have filed the Rule 16 order in 

6 the hearing docket database. So, it is 

7 available for public viewing. 

8 If the parties would like, I would 

9 be happy to issue a corrected order, so that 

10 the docket number and case number are correct. 

11 This, clearly, is not an order of substance, 

12 addressing any kind of legal dispute between 

13 the parties, but I always want to make sure I 

14 offer that option to the parties if you would 

15 like it. 

16 Mr. Berman, what's your preference 

17 in terms of your client's case record? 

18 MR. BERMAN: I'd appreciate a 

19 correction. 

20 JUDGE SULLIVAN: Okay. Mr. 

21 Galella, is that acceptable to you? 

22 MR. GALELLA: Sure, I'll take a 

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1 copy. Yes. 

2 JUDGE SULLIVAN: Okay. I will make 

3 sure that the staff sends out a corrected 

4 copy, either today or tomorrow at the latest. 

5 Thank you. 

6 Let's talk a little bit about the 

7 jointly proposed procedural schedule, and the 

8 parties' plan and action in terms of a 

9 litigation. And, to do that, typically, I 

10 first address questions to the complaining 

11 counsel, and then I address the same questions 

12 to the responding counsel. 

13 I'm going to switch a little bit 

14 today, because I just want to find out a few 

15 things from Mr. Galella first about his 

16 representation and the scope of 

17 representation. 

18 Mr. GALELLA, it was not clear to 

19 me from the materials, and I need to find out, 

20 are you currently an attorney that, basically, 

21 runs this operation? Are you a lay person? 

22 What's your legal background? 

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1 MR. GALELLA: I don't have a legal 

2 background, Your Honor. I'm the owner of 

3 Lincoln Park Aviation. 

4 JUDGE SULLIVAN: Okay. The reason 

5 I ask is because it gives me an idea of what 

6 kinds of questions to ask and what kinds of 

7 things I need to explain. That's why I wanted 

8 to know. 

9 If you are not a lawyer, have you 

10 had experience representing your company, or 

11 someone else, in any kind of legal proceeding 

12 that would involve a discovery process and/ or 

13 a trial process? 

14 MR. GALELLA: Yes, Your Honor, I 

15 have. 

16 JUDGE SULLIVAN: Okay. How recent, 

17 or how distant, was that type of experience? 

18 MR. GALELLA: Two let's see, two 

19 times that I can think of in the last ten 

20 years. 

21 JUDGE SULLIVAN: Okay. And, when 

22 you say you have some experience, was that 

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1 before this particular Office of Hearings, was 

2 it at a district or superior court, was it in 

3 an arbitration? Can you tell me about where 

4 it was? 

5 MR. GALELLA: It was -- I was asked 

6 to be an expert on an aviation case that 

7 involved an accident. And, that was a third 

8 party that had nothing to do with me. I was 

9 simply brought in as an expert. 

10 The other was litigation between 

11 my company and Valley National Bank, back in 

12 2005, that had to do with me directly, that 

13 did go through arbitration, but did not go to 

14 any final court hearing. 

15 JUDGE SULLIVAN: Okay. That's very 

16 helpful. Thank you. 

17 So, essentially, you've served as 

18 an expert witness in someone else's 

19 litigation, and then you spearheaded an 

20 arbitration dispute between yourself and 

21 another private entity. Would that be a fair 

22 summary? 

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1 MR. GALELLA: Correct. The 

2 litigation with Valley National Bank, I was 

3 represented by an attorney. 

4 JUDGE SULLIVAN: Okay. So, you 

5 served as consultant with the attorney on 

6 behalf of your company then. 

7 MR. GALELLA: That's correct. 

8 JUDGE SULLIVAN: Okay. Is it your 

9 intent to act as the company's representative 

10 throughout these proceedings, or are you 

11 planning to hire counsel at a certain point? 

12 Have you made up your mind? 

13 MR. GALELLA: Originally, I had 

14 counsel retained for the embryotic stages of 

15 this particular case. It was decided that 

16 going forward for now counsel was not 

17 necessary, due to the nature of the complaint 

18 filed against us from the FAA. 

19 JUDGE SULLIVAN: Okay. What I'll 

20 do is, I will assume then at this point that 

21 you are going to be representing the company 

22 throughout these proceedings. 

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1 And, I'm going to be asking you 

2 certain questions, and then probably spending 

3 some time explaining some things to you that 

4 I think are important for you to know as a lay 

5 representative. 

6 MR. GALELLA: Okay. 

7 JUDGE SULLIVAN: If you choose at a 

8 later time to hire counsel, that's fine. You 

9 are welcome to do that at any time. 

10 Mr. Berman, why don't I start then 

11 with you, in terms of the joint proposed 

12 procedural schedule. Thank you very much. 

13 Just so you all know, I have a 

14 wonderful draft procedural schedule, and I 

15 took some time to write up yesterday, and we 

16 are having computer problems today and I can't 

17 access it. So, I'm going to be asking you 

18 some questions that I thought I had resolved 

19 yesterday. 

20 It looks to me, from the materials 

21 that were submitted jointly by the parties, 

22 that you are looking at about September, 2014 

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1 for a hearing in New York City. 

2 Mr. Berman, about how many 

3 witnesses do you think you would be calling 

4 for that two-day hearing? 

5 MR. BERMAN: I don't-- I don't see 

6 any more than two or three, probably the 

7 investigator who processes the case, plus the 

8 pilot of the aircraft, if we can get him to 

9 come here from Switzerland. I'd say two, at 

10 most three witnesses. I'm not sure who else 

11 we might have. But, off the top of my head, 

12 I can think of two witnesses that we would 

13 probably need. 

14 JUDGE SULLIVAN: And, would the 

15 investigator also be testifying about the 

16 proposed civil penalty? 

17 MR. BERMAN: Yes, yes, he would be. 

18 JUDGE SULLIVAN: Okay. And, the 

19 total time of your case in chief will take 

20 about how much time, within that two-day 

21 frame? 

22 MR. BERMAN: I'd say it should 

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1 probably take a half a day. 

2 JUDGE SULLIVAN: Okay. Turning to 

3 you, Mr. Galella, how many witnesses do you 

4 think you would be calling? 

5 MR. GALELLA: I would be probably 

6 calling the same witness that Mr. Berman is, 

7 it's a Mr. John Ho that initiated the case. 

8 JUDGE SULLIVAN: And, when you say 

9 Mr. John Ho, are you talking about an FAA 

10 safety investigator? 

11 MR. GALELLA: Yes, ma'am. 

12 JUDGE SULLIVAN: Okay. Just so 

13 that you know, you cannot subpoena the FAA 

14 employee. You can certainly cross examine 

15 them when they are called by the FAA, but 

16 there's a regulation that does not allow you 

17 to subpoena their employees. 

18 MR. GALELLA: Okay. 

19 JUDGE SULLIVAN: Okay, so that you 

20 know that. 

21 Who else besides Mr. John Ho are 

22 you interested in asking questions of? 

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1 MR. GALELLA: It would be one of my 

2 technicians, Michael Colombo. 

3 JUDGE SULLIVAN: And, anyone else 

4 that you know of? 

5 MR. GALELLA: No. 

6 JUDGE SULLIVAN: Would you be 

7 testifying? 

8 MR. GALELLA: Yes. 

9 JUDGE SULLIVAN: Okay. And, have 

10 you thought about how you are going to testify 

11 and ask yourself questions as the same time? 

12 MR. GALELLA: Urn 

13 JUDGE SULLIVAN: I mean, it's 

14 possible for you to get on the stand and, 

15 basically, do a narrative statement. But, 

16 most people find it a little overwhelming to 

17 try and represent the company and testify at 

18 the same time. 

19 I'm not saying you can't, you 

2 o certainly can, and I've seen people do it. 

21 But, if that's the case, you may want to think 

22 about having someone to assist you at the 

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1 trial, so that they can be present to ask you 

2 questions and to respond to objections while 

3 you are on the stand. 

4 Does that make sense? 

5 MR. GALELLA: Yes, ma'am, it does. 

6 JUDGE SULLIVAN: Okay. Anyone 

7 besides yourself, Mr. Colombo and Mr. Ho? 

8 MR. GALELLA: No, ma'am. 

9 JUDGE SULLIVAN: Okay. Obviously, 

10 this is just a preliminarywitness disclosure, 

11 and I'm sure that both parties will have a 

12 better idea, perhaps, a couple of other 

13 different witnesses by the end of the process. 

14 But, Mr. Galella, how much time do 

15 you think your side of the case would take? 

16 MR. GALELLA: I would say no more 

17 than two hours. 

18 JUDGE SULLIVAN: Okay. I note that 

19 the parties have reserved two days. Mr. 

20 Berman, is that because you want to err on the 

21 side of caution? 

22 MR. BERMAN: Yes, that's correct. 

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1 JUDGE SULLIVAN: Okay. I don't 

2 have any problem with that. 

3 Looking at my calendar, I'm a 

4 little-- I'm unable to set the matter exactly 

5 on September 9 and 10, 2 014. I can, however, 

6 set it in November, 2014, and I thought what 

7 might work best is if we look at our November 

8 calendars, set the trial, and then I can 

9 backtrack and look at some of these other 

10 dates and maybe give you a little bit more 

11 time. 

12 So, Mr. Berman, starting with you, 

13 and looking at your calendar, do you have time 

14 open the week of November 2ct? 

15 MR. BERMAN: I do. I'm open the 

16 whole week. 

17 JUDGE SULLIVAN: Okay. Mr. 

18 Galella, looking at your calendar, would that 

19 also be available to you? 

20 MR. GALELLA: Yes. 

21 JUDGE SULLIVAN: Okay. Then let's 

22 try for November 4h, 5th or 6th. 

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1 Mr. Berman, do you have a 

2 preference for either starting on Tuesday or 

3 Wednesday? 

4 MR. BERMAN: I have a preference--

5 Tuesday or Wednesday I have no particular 

6 preference. 

7 JUDGE SULLIVAN: Okay. Mr. 

8 Galella, how about you? 

9 MR. GALELLA: I can do any day. 

10 JUDGE SULLIVAN: Okay. Well then, 

11 why don't we-- why don't we plan on starting 

12 on Tuesday, November 4, 2014. We'll reserve 

13 Wednesday, November 5, 2014, and then return 

14 on November for those of us who are 

15 traveling return on November ~. 

16 And, we have, typically, had very 

17 good luck in reserving courtroom space in 

18 Islip, New York. 

19 Mr. Berman, do you have any 

20 objection to trying for Islip first, or do you 

21 have a preference for another location in New 

22 York? 

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1 MR. BERMAN: No, I don't have any2 - I don't have any objection to Islip. 

3 JUDGE SULLIVAN: Okay. Mr. 

4 Galella, would that be acceptable to you as 

5 well? 

6 MR. GALELLA: Yes, Your Honor. 

7 JUDGE SULLIVAN: Okay. We'll start 

8 with Islip, New York, and if that doesn't 

9 work, if we have problems getting courtroom 

10 facilities, then we' 11 move probably into the 

11 Manhattan area. But, our history of looking 

12 for courtroom space usually has found us a 

13 courtroom much more easily in Islip, New York, 

14 because of the new Federal facility there. 

15 Okay. So, with a November, 2014 

16 hearing, that gives us a little bit more time 

17 to work with schedules. So, I'm going to 

18 suggest a couple different things, and I will 

19 just kind of outline what I think might work. 

20 You've indicated a March 1, 2014 

21 general discovery start date. My question to 

22 you, Mr. Berman, is, have you already done 

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1 full initial disclosure under CR26 (a) (1)? 

2 MR. BERMAN: No. No. 

3 Well, I have a question. Is that 

4 required. Unless the Judge orders it, is that 

5 required in these proceedings? I don't know 

6 that it is, unless the Judge requires it. 

7 JUDGE SULLIVAN: I generally 

8 require it, because I think it makes it much 

9 more easier. It's much easier for the parties 

10 to proceed when you have complied with basic 

11 discovery disclosure before you start doing 

12 requests for admission, interrogatories, 

13 and/or deposition. 

14 MR. BERMAN: Right, I agree. I 

15 would -- I'm just noting the reason that we 

16 didn't do it was that it wasn't required yet 

17 by you, Judge. 

18 JUDGE SULLIVAN: Well, just so you 

19 know, it's in all of my litigation orders, and 

20 I usually discuss it with everyone who comes 

21 beforeme. So, it shouldn'tbe somethingnew, 

22 although it might be new to you, Mr. Galella. 

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1 Do you know what I'm talking about 

2 when I talk about initial disclosures? 

3 MR. GALELLA: I have a general 

4 idea, yes. 

5 JUDGE SULLIVAN: Okay. What is 

6 your general idea? 

7 MR. GALELLA: That both parties 

8 would put forth an original statement of 

9 events and why or why not they feel they are 

10 either legitimate or not legitimate, 

11 basically, bringing us to what the merits of 

12 the actual case are. 

13 JUDGE SULLIVAN: Okay. Well, you 

14 certainly could add to your initial 

15 disclosures, but that's not what is generally 

16 anticipated. 

17 Initial disclosures usually 

18 involve identifying who you think has 

19 information that's relevant to the case. You 

20 want to identify who you think your witnesses 

21 might be, and what, generally, they might have 

22 to say about the case. 

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1 If you have documentation that is 

2 in your custody that is relevant to the issues 

3 in dispute, if you want to identify what those 

4 are. You, basically, are affirmatively 

5 sharing with the other party some very basic 

6 information that starts the ball rolling. 

7 General discovery, on the other 

8 hand, is where you start the process of 

9 submitting formal requests to the other side 

10 to obtain additional information. 

11 And, the whole process of 

12 discovery is, in fact, correctly called. So, 

13 what each party is doing is, they are trying 

14 to discover as much as possible from the other 

15 side about the strengths and weaknesses of the 

16 other side's case. 

17 And, one does that through a 

18 variety of different tools. The easiest tool, 

19 of course, is to call someone up, or to email 

20 them, and ask them informally for things. 

21 But, informal requests, generally, 

22 cannot serve as grounds to ask the court to 

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1 help you. So, when you do general discovery, 

2 often times the parties engage in very formal 

3 requests, which are often called requests for 

4 production, where you ask in writing for the 

5 other party to produce certain documents in 

6 their possession, or requests for admission, 

7 where you ask the other party in writing to 

8 admit or to deny certain facts, material, that 

9 are relevant to the case. 

10 There are written interrogatories 

11 that may be submitted, which are written 

12 questions to the other side to answer about 

13 various parts of the case. 

14 You can serve the other party with 

15 a deposition notice, saying that you, 

16 actually, want to depose one of their 

17 witnesses prior to the actual hearing. And, 

18 when you do that, you, basically, hire a court 

19 reporter, you work with the other side on an 

20 agreed date, and time, and place, to have 

21 their witness show up. And then, you ask 

22 them, formally on the record various questions 

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1 that you think will be helpful in learning 

2 more about why that witness is so important. 

3 So, those are some of the things 

4 that people do in the discovery period, or 

5 general discovery. 

6 In this particular procedural 

7 schedule, it looks like you were giving 

8 yourselves about seven weeks, from March 1, 

.9 2014 through April 21, 2014, to complete all 

10 general discovery. And, I think it might be 

11 helpful to add a little bit more time to that 

12 process, in part because in most discovery 

13 circumstances once you serve discovery 

14 requests upon the other side, they, typically, 

15 will have 30 days to respond. 

16 If a party takes 30 days to 

17 respond, and you get those responses and don't 

18 like them, and think that for some reason they 

19 are not sufficient, then you have to have 

20 enough time within the discovery period to 

21 seek relief from the court in a motion to 

22 compel discovery. 

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1 So, I always like to pad the 

2 discovery process time a little bit, to allow 

3 for that contingency In the majority of 

4 cases that I hear, people exchange discovery 

5 without any problem at all, but sometimes 

6 there are problems, and when there are I want 

7 to make sure the parties have enough time to 

8 come to me and get some help. 

9 So, let's do this. Let's -- I'm 

10 going to suggest that we have an initial 

11 disclosure period from now until March 11, 

12 2014, with a start date of general discovery 

13 either starting on March 11, 2014, or, say, a 

14 week after, March 18, 2014. 

15 If we do that, we could run 

16 general discovery for about about three 

17 months through June 6, 2014, and then have 

18 dispositive motions filed no later than June 

19 27, 2014. 

20 I need to also add into your 

21 proposal a summary judgment motion conference 

22 call. So, if we set June 27, 2014 as the 

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1 deadline for filing a summary judgment motion, 

2 we could set July 15, 2014 for filing an 

3 answer, July 29, 2014 for filing any reply, 

4 and then we can look at our August calendars 

5 to see when the parties may have a little time 

6 available for a 90-minute motion conference. 

7 Mr. Berman, does that sound 

8 workable to you so far? 

9 MR. BERMAN: Yes, it does. 

10 JUDGE SULLIVAN: Okay. Mr. 

11 Galella, how about you? Does that sound 

12 workable? 

13 MR. GALELLA: Yes, ma'am, that's 

14 fine. 

15 JUDGE SULLIVAN: Okay. So, let's 

16 do that, and let's start with-- excuse me, 

17 I've got -- I have a little frog in my throat 

18 --okay, let's start with initial disclosures, 

19 and have those due on or before March 11, 

20 2014. And, I will sending out a litigation 

21 procedural schedule that identifies all of 

22 these dates. It also gives you citations to 

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1 various rules and regulations that I'm 

2 referencing, so that you can use them as 

3 guidelines. 

4 Mr. Berman, starting with you, do 

5 you want to have general discovery start on 

6 March 11, 2014, or on March 18, 2014? 

7 MR. BERMAN: It doesn't matter to 

8 me, either date is fine. 

9 JUDGE SULLIVAN: Okay. Mr. 

10 Galella, how about you? 

11 MR. GALELLA: March 11th is fine 

12 with me. 

13 JUDGE SULLIVAN: Okay. We'll have 

14 general discovery then start on March 11, 

15 2014. In the litigation procedural order, 

16 you'll see some information that I'm not going 

17 to cover today, but it will be about how to 

18 file objections or motions regarding deficit 

19 discovery. And, I would simply note that if 

20 you get some material that you don't like, 

21 your first action is to always call or contact 

22 the opposing side to talk about it, and see if 

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1 you can't resolve your disagreement 

2 informally. 

3 And, when that happens, you want 

4 to make a note of it, because if you cannot 

5 resolve your disagreements, then you add that 

6 information into your motion when you contact 

7 this court. And, the discussion to try and 

8 resolve the disagreement is, typically, called 

9 a Rule 37 conference, and you'll see reference 

10 to that in the litigation procedural order. 

11 So anyway, so March 11, 2014 is 

12 the general discovery start time. Let's have 

13 general discovery completed by June 6, 2014. 

14 Now, we haven't talked about this 

15 yet, but I think it's important to identify 

16 your expert witnesses, if you have them, to 

17 submit resumes and a statement of what the 

18 expert is going to testify to. 

19 Mr. Berman, do you, typically, do 

20 that during your initial disclosures, or do 

21 you have a preferred time during general 

22 discovery that you do that? 

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1 MR. BERMAN: Well, I could do it 

2 either way. I know who, I do contemplate 

3 calling John Ho, who was mentioned before, as 

4 an expert witness. So-- and I have a pretty 

5 good idea of what I would expect him to 

6 testify to. So, I think I could have him 

7 I could do an expert witness report relatively 

8 early in the process. 

9 JUDGE SULLIVAN: Okay. Mr. 

10 Galella, do you have any particular expert, 

11 other than Mr. Ho, that you are thinking about 

12 calling? 

13 MR. GALELLA: No, ma'am. 

14 JUDGE SULLIVAN: Okay. You had 

15 mentioned Michael Colombo, is he some type of 

16 expert? 

17 MR. GALELLA: No, Your Honor. He 

18 is the -- one of the technicians that was 

19 involved in the reason for this case, and his 

20 last name is Colombo. 

21 JUDGE SULLIVAN: Okay, thank you. 

22 Is he someone who is going to 

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1 testify based on specialized skills? He may, 

2 in fact, be an expert in his field. If that's 

3 so, and you want him to provide testimony 

4 about an opinion, based on his expertise, then 

5 you might want to have him give you a resume 

6 and provide that to Mr. Berman. 

7 But, that's up to you, in terms of 

8 the scope of the testimony that you want to 

9 elicit from him. 

10 What I'm going to do then is, I'm 

11 going to look at the calendar, and glve you 

12 folks the time frame. Why don't we have 

13 expert disclosure on or before May 2, 2014, 

14 and then that would give you both a chance to 

15 request depositions if you need them. 

16 So, if we have general discovery 

17 closed by June 5, 2014, we can schedule June 

18 2 7' 2014 as the deadline for filing 

19 dispositive motions. 

20 Mr. Berman, would July -- let me 

21 just take a look would July 16th be 

22 sufficient for answering the dispositive 

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1 motion? 

2 MR. BERMAN: Yes. 

3 JUDGE SULLIVAN: Okay. Mr. 

4 Galella, does that work for you? 

5 MR. GALELLA: Yes. 

6 JUDGE SULLIVAN: Okay. Then what 

7 we'll do is, we'll set July 30 then for filing 

8 any reply. 

9 Let's take a look then that our 

10 August calendars for a time for summary 

11 judgment, oral argument. Starting with you, 

12 Mr. Berman, is there any particular time in 

13 August that works better for you, or that's a 

14 blackout date? 

15 MR. BERMAN: I, generally, go on 

16 vacation around the last week or two of 

17 August. I'm not sure of that, we haven't 

18 planned it yet. 

19 JUDGE SULLIVAN: Okay. So, 

20 probably the week of the 4th or the 11'h would 

21 be best? 

22 MR. BERMAN: Yes. 

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1 JUDGE SULLIVAN: Mr. Galella, would 

2 you be available either the week of August 4th 

3 or August 11th? 

4 MR. GALELLA: Yes, ma'am, any time. 

5 JUDGE SULLIVAN: Okay. Why don't we 

6 do this, the week of August 11th. That would 

7 give the court a chance to read all of your 

8 materials that you file. How about August 

9 12ch, which is a Tuesday. 

10 Mr. Berman, do you have a 

11 preference for morning or afternoon? 

12 MR. BERMAN: No, I have no 

13 preference. 

14 JUDGE SULLIVAN: Mr. Galella? 

15 MR. GALELLA: No, ma'am. 

16 JUDGE SULLIVAN: Okay. Why don't 

17 we say 1:30 to 3:00 on August 12, 2014, for 

18 the summary judgment motion. 

19 We've already scheduled the 

20 November 4 and November 5 for the hearing. 

21 So, let's see. Let's talk about a September 

22 date for filing witness lists. 

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1 Mr. Berman, do you have a 

2 preference for a date in September? 

3 MR. BERMAN: No, I have no 

4 particular preference. 

5 JUDGE SULLIVAN: Okay. Why don't 

6 we set this at a time when you can be back 

7 from vacation for a few days. How about 

8 September 19, 2014, for an exchange of witness 

9 lists? 

10 MR. BERMAN: That would be fine. 

11 JUDGE SULLIVAN: And, Mr. Galella, 

12 would that work for you? 

13 MR. GALELLA: Yes, ma'am. 

14 JUDGE SULLIVAN: Okay. We'll do 

15 that. 

16 And then, I'm golng to set a time 

17 in October for submitting any kind of written 

18 stipulation. 

19 Mr. Berman, why don't we set 

20 October 10, 2014, for submission of any kind 

21 of written stipulations. Does that work for 

22 you? 

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1 MR. BERMAN: Yes. 

2 JUDGE SULLIVAN: Okay. Mr. Galella, 

3 does that also work for you? 

4 MR. GALELLA: Yes, Your Honor. 

5 JUDGE SULLIVAN: And, if you like I 

6 can schedule a last prehearing conference 

7 shortly before the trial, if you want. If you 

8 don't want me to do that, that's fine, too. 

9 Mr. Berman, do you have a 

10 preference? 

11 MR. BERMAN: No, I have no 

12 preference, just if you deem it's useful then 

13 -- I have no preference. 

14 JUDGE SULLIVAN: Mr Galella, how 

15 about you? 

16 MR. GALELLA: I would invite the 

17 opportunity to settle without coming to the 

18 courtroom. So, if we want to put it on the 

19 schedule, and then cancel it if there's no way 

20 to resolve it beforehand, that would be fine 

21 with me. 

22 JUDGE SULLIVAN: Okay. Well, I, 

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33 

1 typically, do not participate in settlement 

2 discussions, because I'm your hearing Judge. 

3 So, if you like I could schedule a telephone 

4 conference for a final settlement conference, 

5 but I'm not sure that I need to do that if you 

6 are engaged in active discovery process, 

7 because, typically, part of every litigator's 

8 work process is to always be engaged in 

9 settlement discussion while you are engaged in 

10 preparing for hearing. 

11 So, the two, actually, go hand in 

12 hand, and I always suggest to the parties that 

13 you want to look at discovery as a process, 

14 not only to find out about each other's cases, 

15 but also to see how close you can come to 

16 holding hands across the table. 

17 Sometimes you can't do it, 

18 sometimes you can. 

19 And, what I will do is, I will 

20 maintain the August 12, 2014 motion conference 

21 on my calendar. If neither you, Mr. Galella, 

22 or you, Mr. Berman, file a motion for 

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34 

1 disposition, or motions for summary judgment, 

2 I'll simply convert that phone conference into 

3 a prehearing status conference, and I'll ask 

4 you to convene at that time and just tell me 

5 where you are at, in terms of the litigation 

6 process. 

7 And, at that point, I think if you 

8 are talking about settlement, or you want to 

9 have another conference or two between August 

10 12, 2014 and the hearing date, we can set 

11 those up closer ln time. So, the option 

12 remains available to you. 

13 Mr. Galella, would that work for 

14 you? 

15 MR. GALELLA: Yes, Your Honor. 

16 JUDGE SULLIVAN: Okay. Mr. Berman, 

17 is that acceptable? 

18 MR. BERMAN: Yes. 

19 JUDGE SULLIVAN: Okay. Then Mr. 

20 Berman, starting with you, is there anything 

21 else that I can address for your client today 

22 before we close? 

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1 MR. BERMAN: No. 

2 JUDGE SULLIVAN: Okay. 

3 MR. BERMAN: No, Your Honor. 

4 JUDGE SULLIVAN: And then, Mr. 

5 Galella, my question to you is, is there 

6 anything I can talk about with you while we 

7 are on the phone today about the discovery 

8 process, your active role in it, or any other 

9 matters that you might be curious about, or 

10 need to know about, before we close today? 

11 MR. GAL ELLA: I don' t think so. 

12 No, Your Honor. 

13 JUDGE SULLIVAN: Okay. You will 

14 get in the mail fairly soon a litigation 

15 procedural order that identifies all the dates 

16 that we've talked about this morning. It will 

17 also give you some information about how to 

18 file for motions, or how to get a conference 

19 call set up on my calendar if you need it for 

20 any reason during the pendency of your 

21 litigation process, between now and the 

22 hearing date. 

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1 I, typically, will not send you 

2 out a notice of specific hearing location 

3 until about two months prior to the hearing, 

4 ln part because we do have cases settle, and 

5 we try to wait a little bit to allow the 

6 parties to see if that's possible before we 

7 start calling Federal courthouses and asking 

8 them to reserve space for us. 

9 In addition, there is, in the 

10 procedural order, some information about how 

11 to mark exhibits when you bring them to court. 

12 And, there's information about who to call in 

13 the office if you have questions. 

14 You heard me say when we began the 

15 conference that Mr. Cody Smith was sitting in 

16 as an observer today. He's, actually, your 

17 contact person at this office if you need help 

18 procedurally with anything. He can't give 

19 anybody advice on how to present your case, or 

20 how to litigate, but he can, certainly, help 

21 you with trying to get cases set before me, a 

22 case set before me on my calendar for a motion 

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1 conference, or explain things in an order. 

2 And, his name and phone number 

3 will be on the very last page of the order, so 

4 that you have it handy. 

5 With that then, it appears that 

6 our business is complete. I'm going to thank 

7 you both very much for your work today, and in 

8 presenting the proposed procedural schedule. 

9 We can go off the record. I wish 

10 you all a good day. Thank you so much. 

11 MR. GALELLA: Thank you. 

12 MR. BERMAN : Thank you, Your Honor . 

13 JUDGE SULLIVAN: Thank you. 

14 (Whereupon, the above-entitled 

15 matter was concluded at 11:42 a.m.) 

16 

17 

18 

19 

20 

21 

22 

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44 

C E R T I F I C A T E 

This is to certify that the foregoing transcript 

In the matter of: Lincoln Park Aviation 

Before: DOT 

Date: 02-25-2014 

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) 234-4433 

Court Reporter 

NEAL R. GROSS 

COURT REPORTERS AND TRANSCRIBERS 

1323 RHODE ISLAND AVE., NW 

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