U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

LITIGATION SCHEDULING CONFERENCE 

IN THE MATTER OF: 

BRAILLE BATTERY, INC. 

Thursday, 

November 1, 2012 

Via Teleconference 

FDMS No. 

FAA-2012-0781 

The litigation scheduling 

conference commenced at 11:00 a.m. 

BEFORE: THE HONORABLE J.E. SULLIVAN, 

Administrative Law Judge 

RECEIVED 

NOV 1 6 2012 

HEARING DOCKET 

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APPEARANCES: 

On Behalf of the Respondent: 

CHARLES FLETCHER, ESQ. 

of: Gray-Robinson, P.A. 

201 N. Franklin Street 

Suite 2200 

Tampa, FL 33602 

Tel: (813) 273-5000 

Fax: (813) 273-5145 

On Behalf of the Complainant: 

GERALD A. ELLIS, ESQ. 

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 

ALSO PRESENT: 

CODY L. SMITH, Attorney, Department of 

Transportation Office of Hearings 

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

2 (11:01 a.m.) 

3 JUDGE SULLIVAN: We're on the 

4 record in the matter of Braille Battery Inc. 

5 This is Docket Number FAA-2012-0781. 

6 Today is Thursday November 1, 

7 2012, and the parties have convened for a 

8 Rule 16 Litigation Scheduling Conference. 

9 The Federal Aviation 

10 Administration which I will herein after 

11 abbreviate as FFA, is represented by it's 

12 attorney of record, Gerald A. Ellis. 

13 The respondent, Braille Battery 

14 Inc. is represented by it's attorney of record 

15 Charles Fletcher. 

16 Also present at the office of 

17 hearings, sitting in as observer only is 

18 Attorney Cody L. Smith. 

19 Good morning, everybody. Before 

20 we Jump into studying and confirming dates, 

21 let me ask you a couple questions. And I'm 

22 going to direct the first question to you, Mr. 

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1 Ellis. 

2 You have indicated Tampa, Florida 

3 I believe as the venue for this hearing. Have 

4 the parties talked about that, is that an 

5 agreement? 

6 MR. ELLIS: I don't think we've 

7 talked about it yet, but I think that's near 

8 their location. 

9 JUDGE SULLIVAN: Okay. And how 

10 many days do you anticipate your case would 

11 take for hearing, if there were no dispositive 

12 motions granted and no stipulations entered 

13 into by the parties. 

14 I mean assuming that you'd have to 

15 put on the full case, how much time would 

16 you're client need to present at hearing? 

17 MR. ELLIS: I think we can do it 

18 in two days. 

19 JUDGE SULLIVAN: Okay, thanks. 

20 There a Respondent's letter answer that was 

21 filed with the original complaint. The letter 

22 was dated June 29, 2012. Has that been 

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1 accepted by the FFA as the Respondent's answer 

2 to the complaint? 

3 MR. ELLIS: I didn't do anything 

4 officially in response to that, I did receive 

5 it however. 

6 JUDGE SULLIVAN: The response was 

7 fairly detailed. Have you been operating as 

8 if it was an answer? 

9 MR. ELLIS: Yes, Your Honor. 

10 JUDGE SULLIVAN: Okay. Thank you. 

11 Okay, I'm going to ask Mr. Fletcher a couple 

12 questions now. 

13 Mr. Fletcher, what is your 

14 preferred venue site, since you and Mr. Ellis 

15 haven't specifically talked about it yet? 

16 MR. FLETCHER: Tampa, Florida is 

17 acceptable I believe in some of our 

18 correspondence we suggest that as a venue and 

19 that is acceptable to us. I believe there's 

20 a FAA office there. 

21 JUDGE SULLIVAN: Okay, thank you. 

22 Assuming that there are no dispositional 

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1 motions granted and the parties don't 

2 stipulate to any facts, how many days would 

3 your client need to put on it's responsive 

4 case of hearing? 

5 MR. FLETCHER: I believe we would 

6 also neem approximately two days, Your Honor. 

7 JUDGE SULLIVAN: Okay. And then 

8 just so I tie up any loose ends, I do have a 

9 copy of your June 29, 2012 letter. Was that 

10 intended on behalf of your client to be formal 

11 answer? 

12 MR. FLETCHER: Yes, Your Honor, 

13 and then we additionally filed a formal answer 

14 under the rules of procedure I believe within 

15 the last few weeks. I can pull out the date, 

16 for Your Honor, if that would be helpful. 

17 We have requested an extension of 

18 time, and then subsequently filed a formal 

19 answer to the complaint. 

20 JUDGE SULLIVAN: Would you like to 

21 pull that out now and see if you ever served 

22 it upon the Office of Hearings? Because we 

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1 don't have it. 

2 MR. FLETCHER: Okay. We, 

3 according to my docket file, we served on 

4 October 19th. 

5 JUDGE SULLIVAN: With whom? Mr. 

6 Fletcher? 

7 MR. FLETCHER: Yes, I'm looking at 

8 the, the file copy I have simply indicates 

9 that it went to the Office of Administrative 

10 Hearings. It does not indicate any more 

11 detail than that. 

12 JUDGE SULLIVAN: Okay. I can tell 

13 you that we do not have it. Could you do me 

14 the favor of faxing a courtesy copy to this 

15 office today? 

16 MR. FLETCHER : I will do that, 

17 Your Honor. 

18 JUDGE SULLIVAN: Okay, that would 

19 be so helpful. Thank you so much. 

20 Just so that you know, Mr. 

21 Fletcher and Mr. Ellis. Mr. Fletcher's June 

22 29, 2012 letter, which I do have, had various 

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1 attachments referenced in the letter. Both in 

2 the body of the letter and then at the very 

3 end of the letter. 

4 My copy of the June 29, 2012 

5 letter does not contain any of the 

6 attachments. So if you had intended for the 

7 Office of Hearings to get copies of the 

8 attachments, I'm just letting you know that we 

9 didn' t get them. If you had no intent of 

10 providing the attachments then that's exactly 

11 what happened. 

12 So I'll leave it to the two of you 

13 to talk about that, and then, Mr. Fletcher, if 

14 you want the Office of Hearings files to 

15 include those attachments, then again I would 

16 ask you to send me a courtesy copy via fax. 

17 MR. FLETCHER: We will do that, 

18 Your Honor. 

19 JUDGE SULLIVAN: Okay, and again 

20 it's not absolutely necessary for my purposes, 

21 it's only for whether or not you think that's 

22 an important part of your case at the hearing 

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1 level. 

2 MR. FLETCHER : Understood, Your 

3 Honor. 

4 JUDGE SULLIVAN: Okay. Then let's 

5 talk a little bit about the proposals that 

6 you've made, thank you very much for your 

7 blank proposed procedural schedule which was 

8 filed in this office on October 31, 2012. 

9 I'm going to talk a little bit 

10 about some of the deadlines. And I think 

11 probably what we need to talk about first is 

12 the hearing date that you've proposed. You 

13 had identified June 16, 2013 as the hearing 

14 date. Which is lovely, except it's a Sunday. 

15 And it's only one day instead of 

16 four. So I thought maybe we could start with 

17 that and just note that I'm happy to hear 

18 something in June, but it typically preferable 

19 for my calendar to do it during the work week. 

20 MR. ELLIS: I didn't have a 2013 

21 calendar when I worked that out, Your Honor, 

22 I just kind did it by days. 

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1 JUDGE SULLIVAN: Yes. Well I just 

2 wanted to let you know that however much I 

3 like to work, I usually like to take Sunday 

4 off. So I will not be strictly adopting that 

5 particular day for you all. 

6 Let's talk then about a beginning 

7 date, you had indicated November 22, 2012 as 

8 the general discovery exchange deadline. I'm 

9 presuming you're talking about the initiation 

10 of general discovery. Would that be a fair 

11 statement, Mr. Ellis? Mr. Ellis? 

12 MR. ELLIS: I said yes. 

13 JUDGE SULLIVAN: Okay, I did not 

14 hear you, thank you. 

15 Typically what I like to do is 

16 also set a due date for the initial discovery 

17 exchange. Most often attorneys have already 

18 done most, if not all of their initial 

19 discovery by the time the case gets to me for 

20 the Rule 16 conference. 

21 But because you have set November 

22 22, 2012 as your proposal to begin general 

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1 discovery, I thought maybe I could propose 

2 adding a date of November 15, 2012 for the 

3 conclusion of the exchange of initial 

4 discovery requests. Pursuant to CR26 AlA. 

5 And then as you both probably 

6 know, but that's really the very basic broad 

7 discovery about giving information about who 

8 knows things about your case that would be 

9 discoverable. A general description of the 

10 documents that you have that could be 

11 discoverable, and so forth. 

12 Starting with you, Mr. Ellis, 

13 would November 15, 2012 be an acceptable date 

14 for the completion of exchanging that general 

15 discovery information? I'm sorry, not 

16 general, initial discovery. 

17 MR. ELLIS: Yes. 

18 JUDGE SULLIVAN: And, Mr. 

19 Fletcher, is that acceptable to you as well? 

20 MR. FLETCHER: Well, Your Honor, 

21 our preference would be to stick with the 

22 November 22, deadline, but if you would like 

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1 to add that additional element, we will not 

2 object to that. 

3 JUDGE SULLIVAN: Okay. Yes, I'm 

4 happy to adopt December 22, 2012 deadline to 

5 begin general discovery. That's what I had in 

6 your materials. General discovery exchange 

7 deadline with a February 7, 2013 deadline for 

8 responses? 

9 Did you intend something other 

10 than general discovery? Were you kind of 

11 factoring in initial discovery into that date 

12 as well? 

13 MR. FLETCHER: Yes, Your Honor. 

14 Yes. 

15 JUDGE SULLIVAN: Well, if you like 

16 I can change it so they're exactly the same, 

17 but it puts a little bit of a burden upon you. 

18 Because then you're looking at 

19 doing your general, your initial discovery 

20 exchange up to the very day where you have to 

21 start general discovery. But if that's your 

22 preference, I'm happy to adopt it. Mr. Ellis? 

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1 MR. ELLIS: I can work that out, 

2 Your Honor. 

3 JUDGE SULLIVAN: Okay. And Mr. 

4 Fletcher? 

5 MR. FLETCHER: Yes, Your Honor. 

6 JUDGE SULLIVAN: Okay. And let's 

7 talk about February 7th. I'm happy to adopt 

8 that as your deadline for responses to general 

9 discovery requests as well as most of your 

10 other materials. 

11 I think however before we start 

12 setting that in stone, maybe we should be 

13 looking at all of our calendars for a week of 

14 hearing dates. 

15 Because if we can't find hearing 

16 dates the week of June 16, 2013, and we end up 

17 for example setting a hearing in August, we 

18 can play a little bit with these other dates, 

19 so that you're not squeezed up so closely into 

20 a June deadline. 

21 So, Mr. Ellis, starting with you, 

22 let's go to your June calendar if that's where 

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1 you want to start for a hearing schedule. 

2 You have a full week, the week of 

3 say June 14th through the 18th, for a hearing 

4 in Tampa, Florida? 

5 MR. ELLIS: Let's see, the 14th is 

6 a Friday. 

7 JUDGE SULLIVAN: I have, oh I'm on 

8 July 2014, so I'm jumping way ahead, excuse 

9 me. 

10 Okay, so the week of June 16, I 

11 can't do the whole week, so let's. I have the 

12 full week, I'm sorry, I'm having a little bit 

13 of trouble with my calendar. 

14 I have the full week of June 23rd 

15 through June 28th. Would that work for you? 

16 MR. ELLIS: It would, Your Honor. 

17 JUDGE SULLIVAN: Okay, and Mr. 

18 Fletcher, how about for you? 

19 MR. FLETCHER: Yes, Your Honor. 

20 JUDGE SULLIVAN: Okay, well then 

21 good, let's just set it for the week of June 

22 24th through the 28th. 

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1 Since we're going to schedule four 

2 days of hearing, I need to know from you 

3 whether you want to start the hearing on 

4 Monday, the 24th, using Sunday the 23rd as the 

5 travel day. Or whether you want to start the 

6 hearing on Tuesday the 25th, using Monday the 

7 24th as the travel day. Mr. Ellis? 

8 MR. ELLIS: Let me correct 

9 something first, Your Honor, I was proposing 

10 that we could get through with the entire 

11 hearing in two days. Not that I would need 

12 two days. 

13 JUDGE SULLIVAN: Okay. Well 

14 that's helpful to know. How much time do you 

15 think you would need for your prima facie 

16 case, Mr. Ellis? 

17 MR. ELLIS: I could definitely get 

18 that done in a day. 

19 JUDGE SULLIVAN: Okay. Turning to 

20 you, Mr. Fletcher, you had indicated that you 

21 would need two days for your responsive case, 

22 did I misunderstand you, or is that still 

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1 true. 

2 MR. FLETCHER: Your Honor, I 

3 believe we will need at least one full day. 

4 Being conservative I've indicated two days, I 

5 think a day and a morning would be sufficient 

6 in our case. 

7 JUDGE SULLIVAN: Let's err on the 

8 side of caution and just say keep the two day 

9 time period just in case. If we don't use it, 

10 that's great. But if we find out that we need 

11 it, then we have it set. 

12 MR. FLETCHER: Okay. 

13 JUDGE SULLIVAN: So if we have a 

14 three day hearing, Mr. Ellis, would it be 

15 acceptable to have Monday June 24, 2 013 as the 

16 travel day, setting the case for Tuesday, 

17 Wednesday, Thursday, with Friday as a travel 

18 back day for you? 

19 MR. ELLIS: Yes, that would be 

20 fine. 

21 JUDGE SULLIVAN: Okay, and Mr. 

22 Fletcher, is that acceptable for you too? 

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1 MR. FLETCHER: Yes, Your Honor. 

2 JUDGE SULLIVAN: Okay. Let me go 

3 back. Then we use most of these days I 

4 think. 

5 Okay, so we stopped with the 

6 November 22, 2012 deadline to begin general 

7 discovery exchange, I'm happy to adopt the 

8 February 27, 2013 deadline for responses to 

9 general discovery. 

10 I'm happy to adopt the February 

11 21, 2013 supplemental discovery request 

12 deadline where you exchange your requests. As 

13 well as the March 5, 2013 for the deadline to 

14 finish taking all supplemental deposition and 

15 responding and serving answers to all 

16 supplemental discovery requests. 

17 In terms of the March 26, 2013 

18 deadline for dispositive motion, I presume 

19 that that was the date that you wanted all 

20 initial motions on dispositive issues to be 

21 filed. Since I also need to setup a deadline 

22 for filing an answer to such motions as well 

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1 as a deadline for filing a reply if any. 

2 Mr. Ellis, was the March 26, 2013 

3 deadline for the initial motion, was that your 

4 intent? 

5 MR. ELLIS: Yes, and I believe the 

6 times for responses are already in the rules, 

7 Your Honor. 

8 JUDGE SULLIVAN: Well, that may 

9 be, I typically will do two to three weeks for 

10 an answer. And then two weeks for a reply, 

11 unless you tell me differently. Mr. Ellis? 

12 MR. ELLIS: Yes, I was just 

13 thinking about what I said earlier. I don't 

14 want to contradict what the rules require. 

15 JUDGE SULLIVAN: Well, I have the 

16 rules right in front of me, are you talking 

17 about the Civil Rules? 

18 MR. ELLIS: No, the regulatory 

19 rules. DOT rules for civil. 

20 JUDGE SULLIVAN: Okay, I have the 

21 regulatory rules in front of me as well. So 

22 do you want to route me to the specific rule 

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1 you want me to utilize? 

2 MR. ELLIS: I have to look it up, 

3 if you want to give me a minute I can do that. 

4 JUDGE SULLIVAN: Please do. 

5 MR. ELLIS: Okay, under 13.218 (d), 

6 that's a motion for decision. However I don't 

7 see a rule for responding to the motion for 

8 decision. 

9 JUDGE SULLIVAN: And when you say 

10 a motion for decision, okay, I see what you're 

11 talking about. 

12 In essence essentially under many 

13 state rules, and I believe the Federal rule, 

14 you usually have approximately two to three 

15 weeks after the initial motion for summary 

16 judgement, for example, it's filed to file an 

17 answer. 

18 MR. ELLIS: Well I, the rules is 

19 under, what I was thinking about, was 

20 13.218(d) which gives you ten days in general 

21 to answer motions. 

22 JUDGE SULLIVAN: Yes, but that is 

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1 usually for motions that are different than 

2 dispositive motions as I understand 

3 litigation. 

4 So I'm happy within this 

5 litigation order to provide a ten day turn 

6 around time for motions to compel any other 

7 types of motions that are a little less 

8 serious than a dispositive motion. 

9 But when you talk about 

10 dispositive motions, which require the 

11 presentation and the rebuttal of allegations 

12 with evidentiary material. 

13 I think I'm suppose to err on the 

14 side of caution and allow both the movement 

15 and the responding party enough time to 

16 perfect those motions. If they're granted, 

17 they dispose of part or all of the trial for 

18 the non moving party. 

19 Do you have an objection in some 

20 way shape or form, for following that type of 

21 system? 

22 MR. ELLIS: Not specifically, Your 

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1 Honor. It's just that, you know, typically in 

2 the cases that I've done, we followed the 

3 rules in the Administrative proceedings. 

4 JUDGE SULLIVAN: Well, I don't 

5 have any objections to following the rules in 

6 the Administrative proceedings. But I don't 

7 think that with dispositive motions the 

8 parties are limited to ten day turn around 

9 time for a response. And in fact I think --

10 MR. ELLIS: Maybe that was in the 

11 past it's just that the party needed more 

12 time, we're very liberal with allowing that. 

13 JUDGE SULLIVAN: That's great, and 

14 this way I can avoid all those kinds of 

15 motions being presented to me up front. 

16 So what I'm going to do is I'm 

17 going to set for an answer date, if we agree 

18 that March 26, 2013 is the deadline for filing 

19 a dispositive motion, all or in part. 

20 I'm going to set, let me take a 

21 look at my calendar. I'll set April 16, 2013 

22 for the deadline for filing an answer. That 

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1 means obviously if you both do motions for 

2 summary judgement, you both have three weeks 

3 to respond in those cross motions. 

4 And then I will set April 30th as 

5 the deadline for filing a reply. That means 

6 we need to set up in May, a one hour time for 

7 oral argument. 

8 Because I like to hear oral 

9 argument and I usually have a lot of questions 

10 to ask the parties about their motions. 

11 I've got my calendar, do either of 

12 you have time the week of May 19 through May 

13 24, for one hour argument? And I' 11 start 

14 with you, Mr. Ellis. 

15 MR. ELLIS: I do. 

16 JUDGE SULLIVAN: Okay, do you have 

17 any black out date within that week? 

18 MR. ELLIS: No, Your Honor. 

19 JUDGE SULLIVAN: Okay. Mr. 

20 Fletcher, how about you? 

21 MR. FLETCHER: I'm available 

22 except for the 24th. 

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1 JUDGE SULLIVAN: Okay. Why don't 

2 we plan on Tuesday, May 21 and since we met at 

3 11:00 today let's keep 11:00 a.m. time for the 

4 oral argument too, May 21 too. 

5 And then let's talk about the list 

6 of witness exchange. Typically what I've 

7 heard from other parties is they like to have 

8 that, about two to three weeks prior to the 

9 hearing date. 

10 And I wanted to check in with you 

11 and see if that's about where you want to land 

12 on the deadline date for the exchange of 

13 witness lists and exhibits. Mr. Ellis, what's 

14 your preference? 

15 MR. ELLIS: What is the option, 

16 Your Honor? Is it something different than 

17 what we've written? 

18 JUDGE SULLIVAN: Well, typically 

19 if you have a summary judgement motion, and 

20 all or part of it is granted, you probably 

21 want to have a deadline for the exchange of 

22 witness lists and exhibits after the summary 

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1 judgement motion, so that you can eliminate 

2 some work for yourself. If in fact if you 

3 find that you don't have to go to trial on all 

4 or part of the issue. 

5 So what I'm suggesting to you, and 

6 it's up to you of course, is that if you have 

7 a summary judgement oral argument on May 21, 

8 2013, it might be helpful to wait until after 

9 that date, to have your list of witnesses and 

10 exhibits exchanged. 

11 MR. ELLIS: To me the only that 

12 matters is that we have a reasonable amount of 

13 time for the actually hearing. As long as I 

14 have three weeks or so before the hearing, 

15 that's fine with me. 

16 JUDGE SULLIVAN: Okay. Mr. 

17 Fletcher, do you have a preference? 

18 MR. FLETCHER: Your Honor, I 

19 generally agree with Mr. Ellis, as long as 

20 we've got three weeks between the date of the 

21 exchange and the hearing, that's fine. 

22 And with pushing out the hearing 

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1 dates slightly, I think that would put us in 

2 the last week of May. Which would give us 

3 some time after the motion hearing as you 

4 described to revise our list. So perhaps we 

5 could do it that last week of May. 

6 JUDGE SULLIVAN: Okay, why don't 

7 we say May 31, for the list of witness 

8 exchange and exhibits. And then I have often 

9 had people ask me for a due date for filing 

10 written motions and in limine and or party 

11 stipulations prior to the trial. 

12 That doesn't preclude you of 

13 course from making some oral motions in 

14 limine or presenting oral stipulations at the 

15 trail. 

16 But for many people it's helpful 

17 to have a deadline to do it ahead of time. Do 

18 either of you have a preference regarding 

19 that? Starting with you. Mr. Ellis. 

20 MR. ELLIS: No, Your Honor. 

21 JUDGE SULLIVAN: And, Mr. 

22 Fletcher? 

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1 MR. FLETCHER: No, Your Honor. 

2 JUDGE SULLIVAN: Okay. I'm going 

3 to go ahead and give you a due date for that, 

4 just to be on the safe side. So why don't we 

5 say June 11th for that date. 

6 And then I have some other 

7 suggestions for you that other parties have 

8 done. You can do this or not do this as you 

9 see fit. 

10 I've often had parties ask for a 

11 date, between, excuse me, before the deadline 

12 for responses to general discovery. Which in 

13 your case is February 7, 2013. To add in some 

14 deadlines for exchanging factual witness 

15 lists, exchanging expert witness disclosure 

16 and reports. 

17 First by the claimant to the 

18 respondent, and then second for the respondent 

19 back to the claimant. 

20 Do you want me to add in those 

21 types of deadlines for you in this litigation? 

22 Or are you comfortable just figuring that out 

NEAL R. GROSS 

(202) 234-4433 

COURT REPORTERS AND TRANSCRIBERS 

1323 RHODE ISLAND AVE .• N.W. 

WASHINGTON. D.C. 20005-3701 www.nealrgross.com 
27 

1 for yourself? Mr. Ellis? 

2 MR. ELLIS: I usually ask for that 

3 kind of stuff in discovery, so, no. 

4 JUDGE SULLIVAN: Okay. Mr. 

5 Fletcher? 

6 MR. FLETCHER: I don' t think we 

7 need to add any additional deadlines, Your 

8 Honor. 

9 JUDGE SULLIVAN: Okay. So noted. 

10 Starting with you, Mr. Ellis, is 

11 there anything else that we need to address 

12 for you in this proceeding this morning? 

13 MR. ELLIS: No, Your Honor. 

14 JUDGE SULLIVAN: And, Mr. Fletcher? 

15 MR. FLETCHER: No, Your Honor. 

16 JUDGE SULLIVAN: Okay. I' 11 be 

17 sending out a litigation procedural order for 

18 you that identifies and lists all these 

19 different dates that we've talked about. 

20 I'll also note that it'll provide 

21 for you some information about how to mark 

22 your exhibits for hearing. 

NEAL R. GROSS 

(202) 234-4433 

COURT REPORTERS AND TRANSCRIBERS 

1323 RHODE ISLAND AVE., N.W. 

WASHINGTON, D.C. 20005-3701 www.nealrgross.com 
28 

1 It also provides the tenth 

2 calendar date time frame for filing motions 

3 like a motion to compel discovery for example, 

4 or a motion for relief if you have a deficit 

5 response in an interrogatory, those kinds of 

6 things. 

7 It also notes, and this may sound 

8 familiar to you, that if you do have any type 

9 of motion to compel, I do want you to adhere 

10 to the practice under the CR 37 about 

11 contacting the other party, trying to resolve 

12 it informally. And then including that CR 37 

13 negotiation in whatever motion you file. 

14 In order to get on my calendar as 

15 fast as possible, during that CR 37 

16 discussion, please talk to the opposing side 

17 and get three mutually agreeable calendar 

18 dates that you can call my office with, for 

19 putting that motion on my calendar. So I have 

20 it all set up and we don't have lots of 

21 delays. 

22 And then you can file with your 

NEAL R. GROSS 

(202) 234-4433 

COURT REPORTERS AND TRANSCRIBERS 

1323 RHODE ISLAND AVE., N.W. 

WASHINGTON, D.C. 20005-3701 WWN.nealrgross.com 
29 

1 motion, for the purposes of that calendar 

2 date. Whatever the disputed discovery is that 

3 needs to be addressed by me. 

4 But that way you don't have long 

5 periods of time waiting to get on my calendar, 

6 so that we don't get derailed with the 

7 schedule we have right now. 

8 And then in addition I have in the 

9 order, Mr. Smith's name and phone number in 

10 case you have any questions you need to ask 

11 about the procedures or how to get up on my 

12 calendar, that kind of thing. 

13 So, Mr. Ellis, with that, is there 

14 anything else that we can address for you and 

15 your client today? 

16 MR. ELLIS: I guess, just let me 

17 clarify what you just said about getting on 

18 your calendar. I haven't had to do that with 

19 any other judges, I typically would just file 

2 0 something. So help me understand what you're 

21 trying to accomplish with that? 

22 JUDGE SULLIVAN: Well, when I say 

NEAL R. GROSS 

(202) 234-4433 

COURT REPORTERS AND TRANSCRIBERS 

1323 RHOOE ISLAND AVE., N.W. 

WASHINGTON, D.C. 20005·3701 www.nealrgross.com 
30 

1 that I want you to contact the other side and 

2 engage in a CR 3 7 conference, if you have 

3 problems with discovery, do you know what I'm 

4 talking about? 

5 MR. ELLIS: Yes, I understand that 

6 part. 

7 JUDGE SULLIVAN: While you're in 

8 your CR 37 discussion, I want you to talk to 

9 the other side about your calendar 

10 availability. 

11 The easiest way to get on a 

12 calendar is to find out what your opposing 

13 counsel's calendar availability is, compare it 

14 with your own. 

15 And then contact my legal 

16 secretary, who's name is Diane Mays, and say, 

17 we need to get in front of Judge Sullivan as 

18 soon as possible. We've already talked about 

19 our calendar availability. These are three 

20 dates where we both are available. Could you 

21 look at her calendar and see if she has any of 

22 these date available. 

NEAL R. GROSS 

(202) 234-4433 

COURT REPORTERS AND TRANSCRIBERS 

1323 RHODE ISLAND AVE., N.W. 

WASHINGTON, D.C. 20005-3701 www.nealrgross.com 
31 

1 MR. ELLIS: We'd be hearing this 

2 orally, is what you're saying? 

3 JUDGE SULLIVAN: That's right. 

4 MR. ELLIS: Without any disputes 

5 about discovery? 

6 JUDGE SULLIVAN: I'm going to be 

7 asking you to set up a matter on my calendar, 

8 so that once I get your motion, if I need to 

9 talk to you, if I have questions. I already 

10 have a telephone conference set up. 

11 MR. ELLIS: Okay. 

12 JUDGE SULLIVAN: So it is a 

13 combination of both having motions with 

14 written material filed which also have 

15 attached discovery issues. 

16 So if you have, for example, a 

17 deficit interrogatory and you're claiming that 

18 you have a right to a bigger response to that 

19 interrogatory than you received, then I will 

20 have that written material in front of me. 

21 I will also have ideally the 

22 answer to the motion in front of me. And I 

NEAL R. GROSS 

(202) 234-4433 

COURT REPORTERS AND TRANSCRIBERS 

1323 RHODE ISLAND AVE .. N.W. 

WASHINGTON, D.C. 20005-3701 www.nealrgross.com 
32 

1 will have you both on the phone at a mutually 

2 agreeable time so that if I have questions to 

3 ask either of you, you're both going to be 

4 available for argument. Does that make sense? 

5 MR. ELLIS: Yes, Your Honor. 

6 JUDGE SULLIVAN: Okay. Is there 

7 another question that you have about that 

8 particular procedure? 

9 MR. ELLIS: No, Your Honor. 

10 JUDGE SULLIVAN: Okay. Mr. 

11 Fletcher on behalf of your client, is there 

12 anything you would like to add, or any 

13 questions you have? 

14 MR. FLETCHER : No, Your Honor. 

15 Thank you. 

16 JUDGE SULLIVAN: Okay, thank you 

17 both very much for your presence today. It 

18 appears our business is complete. 

19 We can go off the record and I 

20 wish you a good day. 

21 (Whereupon, the hearing was 

22 concluded at 11:33 p.m.) 

NEAL R. GROSS 

(202) 234-4433 

COURT REPORTERS AND TRANSCRIBERS 

1323 RHODE ISLAND AVE., N.W. 

WASHINGTON, D.C. 20005-3701 www.nealrgross.com 
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Neal R. Gross & Co., Inc. 

202-234-4433 

Page 36 

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Neal R. Gross & Co., Inc. 

202-234-4433 

Page 37 
38 

C E R T I F I C A T E 

This is to certify that the foregoing transcript 

In the matter of: Braille Battery, Inc. 

Before: us DOT 

Date: 11-01-12 

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., N.W. 

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