•J. Tm 

o::fGj;a[ 'yT-i'-'".i-.'.' 

ift TRANSCRIPT OF PROCEEDINGS 

M^^' - • •• 

I- •^i''-- ' 

Mr.'' •': 

RECEIVED 

DEC 2 0 201) 

HEARJNG DOCKET 

IN THE MATTER OF; ) 

) FDMS NO. FAA-2010-0192 

CLOUD DANCER AVIATION 1 

Pages: 1 through 22 

Place: Washington, D.C. 

Date: December 2, 2011 

HERITAGE REPORTING CORPORATION 

Official Reporters 

1220 L Street, N.W., Suite 600 

Washington, D.C. 20005-4018 

1 ^ (202) 628-4888 

^ contracts@hrccourtreporters.com 
UNITED STATES DEPARTMENT OF JUSTICE 

FEDERAL AVIATION ADMINISTRATION 

Washington, D.C. 

IN THE MATTER OF: ) 

) FDMS NO. FAA-2010-0192 

CLOUD DANCER AVIATION ) 

Friday, 

December 2, 2011 

APPEARANCES: (Via Telephone) 

On Behalf o£ Complainant: 

ANDREA MICHELE HARPER, Esquire 

Federal Aviation Administration 

Office of Regional Counsel - ASCO-7 

Southern Region 

P.O. Box -20636 

Atlanta, Georgia 30320 

(404) 305-5200 

On Behalf of Respondent: 

DENNIS R. HABER, Esquire 

Dennis R. Haber, P.A. 

8925 S.W. 148th Street, Suite 200 

Miami, Florida 33176 

(305) 256-3002 

ff^ECEIVED 

CEC20 20ti 

BEARING Docm r 

Heritage Reporting Corporation 

(202) 628-4888 
2 

1 PEQCEEDING S 

2 (11:02 a.m.} 

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

4 matter of Cloud Dancer Aviation And Flying Club, Inc. 

5 This is Docket No. FAA-2010-0192. Today is Friday, 

6 December 2, 2011, and the parties have convened for a 

7 telephone conference. The FAA is represented by 

8 Andrea Michele Harper, the attorney of record. Cloud 

9 Dancer Aviation is represented by Dennis R. Haber, the 

10 attorney of record. 

11 This conference came on by Court motion 

12 after receipt of the Respondent's motion to strike 

/i^ ^ 1 3 and/or dismiss, which was filed with the Office of 

14 Hearings on November 28. I have an earlier one. 

15 Excuse me, counsel. The first one was filed on 

16 November 18, 2011, by fax. 

17 Mr. Haber, I'm going to start with you. 

IB I've got a couple preliminary things to chat about 

19 before we get to the motion itself. You keep 

20 addressing mail to me with the wrong name. 

21 MR. HABER: I'm sorry. Judge. 

22 JUDGE SULLIVAN: And 1 need to ask you to 

23 correct my name if you would be so kind. 

24 MR. HABER: Sure. 

25 JUDGE SULLIVAN: It's J.E. Sullivan. 

Heritage Reporting Corporation 

(202) 628-4888 

i 
3 

1 • MR. HABER: Okay. My secretary, what is she 

2 addressing it as? 

3 JUDGE SULLIVAN: She's addressing me as 

4 Jesslyn E., Chief Administrative Law Judge. 

5 • MR. HABER: I understand. Okay. 

6 JUDGE SULLIVAN: So it should be the 

7 Honorable J.E. Sullivan, U.S. Administrative Law 

8 Judge. The Chief Judge of our office is Judge Yoder. 

9 MR. HABER: Understood, Judge. 

10 JUDGE SULLIVAN: Okay. Secondly, I have a 

11 motion to dismiss, and I'm a little unclear what you 

12 expect me to do, Mr. Haber, because your motion to 

^fi^ 13 dismiss does not cite any particular specific facts, 

14 nor does it give me any legal authority to act on the 

15 relief that you want, and I'm just going to chat a 

16 little bit with you about that. 

17 On September 1, 2011, when you made this 

18 oral motion at the conference that we held, you had 

19 indicated at that time that you did have legal 

20 authority for a motion to dismiss and that you would 

21 be providing it. I don't have anything in this motion 

22 that supports the relief that you want, which appears 

23 to be only a dismissal request, and I don't have any 

24 particular facts that you have given me that would 

25 justify this type of extreme relief. 

Heritage Reporting Corporation 

(202) 628-4833 

'^£ 
m 

4 

1 What it appears to me to be is a back-door 

2 complaint about a discovery problem, and yet I have no 

3 motion to compel discovery, no facts to support any 

4 indication that discovery has been delayed other than 

5 your assertion that you haven't deposed witnesses. 

6 There's no record of•consultation with the opposing 

7 party about setting depositions. There's no notice of 

B deposition setting by you on behalf of your client. 

9 There is no attachment indicating any deposition work 

10 by you on behalf of your client since September 1, 

11 2011. 

12 Instead, I have a one-page document saying 

^ii^ 13 you want the case dismissed because you haven' t 

14 deposed four witnesses with no record of why this 

15 matter hasn't been brought to the Court's attention 

16 prior to the end of October when the parties had 

17 agreed at the last conference that depositions could 

18 easily be taken by that time. So I'm a little unclear 

19 as to why I'm getting a motion to dismiss past the 

20 date of the discovery cutoff with no record from your 

21 client of making any attempts to notify the Court 

22 prior to the end of discovery that there were any 

23 problems v/ith discovery. 

24 It appears to me that you have highlighted 

2 5 for me some problem that has occurred in the past and 

Heritage Reporting Corporation 

(202) 628-4888 

^ ^ 
y < ^ w 

9 

10 

11 

12 

13 

I 1 4 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

have not given me any of the tools that typically I 

would be given by counsel to help you. 

MR. HABER: If I may. Your Honor, then I as 

well am unclear as to why the Court's record is not 

complete because a motion to compel was filed over a 

year and a half ago. 

JUDGE SULLIVA-N: That's correct. 

MR. HABER: And the matter was addressed, 

and even more recently the Court reopened the 

discovery and set out certain time limitations when 

the FAA was to make their witnesses available. For 

now going on two years, we've attempted to take the 

deposition of the accusing parties at the FAA, which 

started from a documentary perspective our motion to 

compel which delineates very specific dates and times 

and events that occurred, and if the Court will refer 

back, we cei"tified it on August 25, 2010, it 

delineates the entire time history and events that 

occurred up to that point. 

JUDGE SULLIVAN: I understand that, but on 

September 1, 2011, you and Ms. Harper appeared before 

me for a telephone conference. 

MR. HABER: That's correct. 

JUDGE SULLIVAN: At that time, the motion 

that I heard before with the two of you was your 

Heritage Reporting Corporation 

(202) 628-4888 
€i 1 motion to reopen discovery, which I granted. I 

2 reserved your motion to compel discovery. 

3 MR. HABER: That's correct. 

4 JUDGE SULLIVAN: I reserved your motion to 

5 dismiss subject to renewing either of those motions 

6 with specific fact and law. I also granted you and 

7 Ms. Harper ample opportunity to tell me what would be 

B a comfortable due date for conferring with each other 

9 and/or noting up depositions prior to setting the 

10 discovery cutoff date, which you so kindly provided as 

11 an attachment to your motion to dismiss for my 

12 consideration today. 

13 So the question that is actually relevant in 

14 this Court's opinion is what you have, you done on 

15 behalf of your client since September 1, 2011, to 

16 effectuate getting those depositions taken pursuant to 

17 the Court order? What have you done since 

18 September 1, 2011, to make a record to show me that 

19 you have a basis to move to reopen your motion to 

20 compel? I have nothing before me on this record that 

21 indicates that you and your client have done anything 

22 since September 1, 2011, to assist yourself in getting 

23 this matter addressed. 

24 I don't even have pursuant to my own order 

25 an affidavit or a declaration from you stating that 

Heritage Reporting Corporation 

(202) 628-4888 
1 you contacted counsel and conferred about this prior 

2 to bringing this motion. I iriean, you're leaving me 

3 with absolutely no tools in the toolbox to assist you, 

4 and you certainly have not given me any basis upon 

5 which to even consider a motion to dismiss, which 

6 clearly in this Court's opinion is premature. 

7 MR. HABER: Well, if I may, Your Honor? 

8 JUDGE SULLIVAN: You may. 

9 MR. HABER: I'm not sure that we at least in 

10 my understanding have the burdens in the right place. 

11 I don't think there's any question amongst anyone on 

12 the phone that the FAA is pursuing the Defendant. I 

13 don't think there's any question that the Defendant 

14 has the right and responsibility to taKe the 

15 depositions of the parties who are making these 

16 accusations, and I don't think there's any question 

17 that the FAA counsel is aware of our desire to take 

18 these parties' depositions, as is documented by.the 

19 motion to compel, the motion to reopen. 

20 And the last conversation we had on that 

21 September 1 date when the Court provided a cutoff date 

22 . essentially said get with it and take these 

23 depositions. The FAA has the burden once we made that 

24 request of them to proffer and provide these witnesses 

25 and available dates. The original --

Heritage Reporting Corporation 

(202) 628-4888 
1 JUDGE SULLIVAN: And what legal authority do 

2 you have for that because in the way that I read the 

3 regulations, sir, any party may initiate discovery 

4 rec^uests, and you would be the person who has the 

5 burden to note those depositions if you're not getting 

6 a £jtipulated agreement from the other side. It's also 

7 your burden in this Court's opinion to notify the 

8 Court within a timely manner to allow the Court to 

9 assist you before the discovery cutoff occurs. 

10 MR. HABER: And we have. 

11 JUDGE SULLIVAN: I have seen nothing of 

12 that. 

/•.•,^'*ft 13 MR. HABER: Does not the motion to compel 

14 put all parties on notice? 

15 JUDGE SULLIVAN: The motion to compel was 

16 reserved as of September 1, 2011, subject to the 

17 parties pursuing the discovery process and plan that 

18 the Court put together with the parties' 

19 participation. It doesn't simply reraise itself on 

20 old facts because you wait until the end of the 

21 discovery cutoff date that was given to you on 

22 September 1, 2011, and then tell me that you are in a 

23 position now to move to dismiss. Sir, with all 

24 respect, you have not done the work that you need to 

25 do t;o let this Court help you. 

Heritage Reporting Corporation 

(202) 628-4888 
(sBt 

® 

1 MR. HABER: Your Honor, I cannot force the 

2 FAA to return phone calls and proffer their witnesses 

3 for available time. 

4 JUDGE SULLIVAN: And at that point, sir, you 

5 certainly can raise.a motion before this Court in a 

6 timely manner. You can attach a record of all the 

7 communications that you have made towards the FAA if 

8 in fact they have failed to'respond to you. You can 

9 show that you've noted the matter up for depositions, 

10 that the FAA has failed to respond to that. There are 

11 so many options available to you under the 

12 regulations, and you've done nothing to show this 

13 Court that you've'pursued them. It's not that I don't 

14 want to help you. You haven't given me the tools in 

15 which to help you, and I'm frustrated by that. 

16 MR. HABER: I understand, Your Honor. I'm 

17 happy to provide the Court' with an affidavit of the 

18 times we've attempted phone calls, and again, I 

19 believe there's a reciprocal obligation once we posed 

20 the proposition of hey, we'd like to take these folks' 

21 depositions that I can't force them to be polite and 

22 to provide us with that which has been requested. 

23 Certainly we can ask the Court, and certainly we can 

24 provide the Court with an affidavit, but I'd like to 

25 think in a world of reasonable people that they have 

Heritage Reporting Corporation 

(202) 628-4888. 
10 ^m 

1 an obligation to respond and in this case have not 

2 responded, and to the extent that the Court wishes an 

3 affidavit, we're happy to provide it. If I may --

4 MS. HARPER: May I be heard on this, Your 

5 Honor. 

6 JUDGE SULLIVAN: Not yet. Thank you. Go 

7 ahead, Mr. Haber. 

8 MS. HARPER: Your Honor, after our 

9 conference - -

10 JUDGE SULLIVAN: Ms. Harper, not yet. 

11 MS. HARPER: I'm sorry. 

12 JUDGE SULLIVAN: Mr. Haber, please continue. 

13 MR. HABER: Well, that's the essence of it. 

14 We received one phone call offering at some stage one 

15 Defendant with nothing past that. 

16 JUDGE SULLIVAN: Okay. This is what I'm 

17 going to do, and, Ms. Harper, I'm going to ask you to 

18 respond very briefly, but right now I don't think it's 

19 ripe for a lot of discussion about the motion to 

20 compel because I don't have a motion to compel before 

21 me, but, Ms. Harper, what is it that you would like to 

22 say very briefly? 

23 MS. HARPER: After our conference. Your 

24 Honor, I was under the assumption that Mr. Haber would 

25 provide me with dates and would renotice depositions 

Heritage Reporting Corporation 

(202) 628-4888 
/liHt 

k^A^J 

.11 

1 and would include several dates so I could make sure 

2 the witnesses were available. I never heard from him, 

3 so in early November I called him and said I can make 

4 my witnesses available on November 9 or November 10, 

5 let me know what day would work for you. He called me 

6 back on November 7 and left me a message at 3:56, told 

7 me he would be attending the NTSB Bar Association 

8 meeting, so that date wouldn't work for him, but he 

9 would get back with me to confirm or to work out 

10 additional dates before discovery ended. He never 

11 called me back. The next thing I got was his motion, 

12 which made it sound like the FAA and I in particular 

13 was being obstinate and was not trying to cooperate, 

14 . and he left out important details. I made the first 

15 call. I chose dates when he didn't. He said he would 

16 call me back. He didn't. 

17 JUDGE SULLIVAN: I'm going to stop you at 

18 this point because there's no motion to compel before 

19 me. The only motion that's before me is a motion to 

20 dismiss, but, Mr. Haber, you're right. I can exercise 

21 some discretion in this matter and I am going to do 

22 that. Number 1, today is Friday, December 2, 2011. I 

23 am going to direct you, Mr. Haber, and you, Ms. 

24 Harper, to contact each other by telephone prior to 

25 Friday, December 9, 2011. I want the two of you to 

Heritage Reporting Corporation 

(202) 628-4888 
12 

1 contact each other by phone immediately after this 

2 conference to set up an appointment with each other 

3 for next v;eek. I'm not going to do it with you at 

4 this conference because I think that both of you are 

5 fully capable of making a phone call after this 

6 conference is over and at least looking at your 

7 calendars to set up a mutually agreeable time next 

8 week to talk to each other at length about this 

9 matter. 

10 Number 2, on or before Friday, December 9, 

11 2011, if in fact, Mr. Haber, you have not reached an 

12 agreement with Ms. Harper about depositions, you can 

13 if you'd like move to compel discovery, and I'm going 

14 to tell you what you need to put in your motion 

15 specifically. You have to address and identify what 

16 attempts you've made with Ms. Harper to seek a mutual 

17 agreement, and this is specifically identified in the 

18 Court's litigation order setting litigation dates and 

19 procedures if you look at page 2, paragraph B. 

20 In addition, I want you to specifically 

21 state in this motion to compel any and all specific 

22 oral and written requests that you've made to schedule 

23 depositions with Ms. Harper between September 1, 2011, 

24 and the date that you file this motion and what's 

25 happened with every single one of those oral and 

Heritage Reporting Corporation 

(202) 628-4888 
^^ii^ 1 written requests. 

2 In addition, if you have in fact noted 

3 depositions to be taken pursuant to the regulations 

4 that allow you to do that, you should in fact provide 

5 written copies of those notices of deposition pursuant 

6 to this Court's litigation scheduling order, and it 

7 talks about that under --

8 MR. HABER: I'm sorry, we just lost you for 

9 a second, Your Honor. 

10 JUDGE SULLIVAN: Paragraph D as in David of 

11 page 2 of the order setting litigation dates and 

12 procedures indicate that discovery requests need not 

/.^J(N 13 be filed in this case with the Office of Hearings 

14 except as part of a motion to compel discovery. 

15 So part of your motion to compel discovery 

16 should include any and all records that you have 

17 showing that you have made good-faith attempts to set 

18 the depositions since September 1, 2011, and you have 

19 been obstructed from doing that by the FAA attorney, 

20 because that's what I'm hearing from you. 

21 In addition, you need to identify 

22 specifically in writing who needs to be deposed and 

23 why their testimony is relevant, and lastly, you need 

24 to explain why this motion was not raised prior to 

25 . November 18, 2011, which the order that was given to 

t^j Heritage Reporting Corporation 

'^'^^ (202) 628-4888 
( 1 

14 

1 you specifically required. 

2 In response, Ms. Harper, you will need to 

3 file a response to such motion if it's filed, and I'm 

4 going to direct you to file that response no later 

5 than December 16, 2011, and you may then put in 

6 whatever response you wish, and it appears you've 

7 given this Court an oral summary of what your response 

8 might be. I am now then going to set a motion on oral 

9 argument on this, and we're going to set it for the 

10 week of December 19, so looking at your calendars, and 

11 I'm going to start with you first, Ms. Harper, is 

12 there any day on December 19 that doesn't work for 

13 you? 

14 MS. HARPER: I am not in the office on 

15 Mondays, Your Honor. 

16 JUDGE SULLIVAN: So Monday is not good. 

17 MS. HARPER: Yes. 

18 JUDGE SULLIVAN: Okay. Mr. Haber, looking 

19 at your calendar, is there any day the week of 

20 December 19 that does not work for you? 

21 MR. HABER: I have no firm commitments the 

22 week of the 19th other than on the 23rd in the 

2 3 morning. 

24 JUDGE SULLIVAN: Okay. Let's set this then 

25 for 11:00 on Tuesday, December 20, 2011. Now, if the 

Heritage Reporting Corporation 

(202) 623-4888 
15 

1 two of you in the mutual conversation that you have 

2 either immediately after this telephone conference or 

3 next week, if the two of you reach an agreement 

4 regarding scheduling the depositions and you have 

5 specific dates and times agreed to, then I'm going to 

6 direct you to file a notice to me that you have 

7 resolved this issue and that you would like the matter 

8 struck that has been set for December 20, 2011, and 

9 I'll consider the matter finished. 

10 MR. HABER: Was that directed to myself or 

11 Ms. Harper? 

12 JUDGE SULLIVAN: It's directed to both of 

13 you. So part of your agreement when you sit down and 

14 talk to each other either immediately after this phone 

15 call and/or next week at a time of your choosing is 

16 who would like to file that and what you're going to 

17 say. This Court is not going to direct one party or 

18 the other. It's going to be part of the task that you 

19 need to talk about with each other, so I don't care 

20 who files it, but if you do reach an agreement about 

21 taking these depositions, then part of the agreement 

22 should be who will notify the Court of that and by 

23 what date. 

24 If there has been no agreement and no 

25 depositions set, I will be looking forward to Mr. 

Heritage Reporting Corporation 

(202) 628-4888 
^m 

16 

1 Haber's renewal of his motion to compel with new and 

2 relevant evidence attached to it to be filed on or 

3 before next Friday, December 9, 2011. I'll look 

4 forward to Ms. Harper's response, which will be due on 

5 or before December 16, 2011, and I'll look forward to 

6 hearing from you both on the telephone in a motion 

7 conference that will be initiated by this Court on • 

8 Tuesday, December 20, 2011, at 11 a.m. 

9 I am going to ask both of you to review 

10 carefully the regulations that govern the discovery 

11 process, 14 C.F.R. § 13.220 I believe is the 

12 correct -- yes. There are specific regulations that 

f'^S 1^ y^^ ^^^ take a look at, but I suspect that if the two 

14 of you talk to each other, hopefully this matter can 

15 be resolved quite easily. 

16 Because the depositions have not yet been 

17 taken, I will also allow the two of you to request 

18 modification of the discovery cutoff date pursuant to 

19 the paragraph that's identified as B as in Boy that is 

20 on page 2 of the order setting litigation dates and 

21 procedures, which says essentially if you look at it, 

22 "The parties may file a written motion to modify the 

23 litigation dates by mutual agreement" naturally 

24 hopefully, and if not by mutual agreement, then 

25 certainly by a motion with a statement saying that 

Heritage Reporting Corporation 

(202) 628-4888 
m 

17 

1 there's been at least an attempt to talk to each other 

2 about it. 

3 So (1) I want the two of you to talk to each 

4 other immediately after this conference; (2) I also 

5 want you as part of that phone conference after I get 

6 off the phone to set a date next week prior to 

7 December 9, 2011, where you can talk again at greater 

8 length if needed about these depositions and what you 

9 can do to resolve this matter in an expedited, 

10 efficient, less costly method than raising this matter 

11 by motion. You can do the motion. I have no 

12 obj ection to that and I would look forward to it, but 

®

13 you may find that if you talk to each other and look 

14 at your calendars you can get this done. 

15 We have plenty of time before the 

16 January 13", 2012, exchange date for those depositions 

17 to be taken if the parties are willing to work with 

18 each other. If the parties are not willing to work 

19 • with each other, if there is in fact an obstruction 

20 that's going on by one or both parties, then I would 

21 be happy to deal with it on December 20, 2011. With 

22 that, on behalf of your client, Ms. Harper, is there 

23 anything else that I need to address with you today? 

24 MS. HARPER: No, Your Honor. 

25 JUDGE SULLIVAN: And, Mr. Haber, on behalf 

^^^ Heritage Reporting Corporation 

'"^^ (202) 628-4888 
18 

^ii ^ 1 of your client? 

2 MR. HABER: My only concern, Your Honor, is 

3 that once we've established a date between us, and I'm 

4 sure we can, that that date occur within a certain 

5 period of time. Does the Court wish to establish a 

6 cutoff date that that has to happen by? 

7 • • JUDGE SULLIVAN: And which date are you 

8 talking about? 

9 MR. HABER: For the deposition of the four 

10 parties who are involved that were originally 

11 requested in this. 

12 JUDGE SULLIVAN: I would suggest, Mr. Haber, 

/lS?N •'•-* that the sooner you get those people deposed the 

14 better, and of course it surely needs to be taken 

15 before January 13, 2012, which is the date that you're 

16 exchanging all of your last materials prior to your 

17 trial date. 

18 MR. HABER: Certainly, Your honor. 

19 JUDGE SULLIVAN: Okay. Does that help you 

20 at all? 

21 MR. HABER: Well, it helps me. Again, my 

22 anxiety is since it's the Petitioner's position and 

23 they are the one asserting the position, to the extent 

24 that these parties are not available or cannot be 

25 had --

Heritage Reporting Corporation 

(202) 628-4888 
m 

A ^ ^ 

19 

1 JUDGE SULLIVAN: I haven't heard any of that 

•2 at this point in time because I don' t have a motion to 

3 compel before me. I presume however that given the 

4 short period of time between now and the first- trial 

5 date, which is January 31, 2012, that all parties 

6 would work together for the expedited depositions of 

7 any witnesses that are outstanding. We have plenty of 

8 time to do that, especially if you and Ms. Harper are 

9 talking immediately after this telephone conference on 

10 a private phone call. 

11 But obviously the very last date would be 

12 January 13, 2012, because that's the day that you have 

13 to exchange your final documents regarding the list of 

14 witnesses each party needs to call and so forth. And 

15 in the interim, if there's any problems at all, there 

16 is an automatic setup with this Court's assistance 

17 today for a motion to compel, a response to the motion 

18 to compel and for an oral argument on the motion to 

19 compel. As of December 20, 2011, if the motion to 

20 compel is filed and it's ruled upon, potentially let's 

21 say it involves a deposition of four witnesses and I 

22 grant that, then there would still be time between 

23 December 20, 2011, and January 13, 2012, for taking 

24 those depositions, but let's hope that we don't have 

25 to go down that particular route. 

Heritage Reporting Corporation 

(202) 623-4888 
20 

1 In terms of your motion to dismiss, I'll 

2 find that it's premature and I'll respectfully deny it 

3 not only on the grounds that it's premature, but there 

4 is no legal authority that is included in this that 

5 would allow the Court to act and the facts are too 

6 vague and unspecific that would also allow the Court 

7 to act to grant that type of motion. I'll also note 

8 that though the motion is entitled a motion to strike 

9 and/or dismiss, the only relief requested in the body 

10 of the motion is a dismissal, and so it appears that 

11 there is no motion to strike in fact. With that, Mr. 

12 Haber, do you have any other questions on behalf of 

13 your client for this call? 

14 MR. HABER: No, Your Honor. 

15 JUDGE SULLIVAN: Thank you both very much 

16 for your presence today. Good luck in your 

17 communications by telephone immediately after this 

13 conference call is concluded. Good luck with your 

19 communications early next week on a private conference 

20 call, and I will look forward to any materials the 

21 parties file between now and the 20th. With that, we 

22 can go off the record and I wish you all a good day. 

23 MS. HARPER: Thank you. Your Honor. 

24 MR. HABER: Thanks, Judge. 

25 JUDGE SULLIVAN: You're welcome. 

Heritage Reporting Corporation 

(202) 628-4888 
21 

m 

1 

2 

3 

4 

5 

6 

7 

3 

9 

10 

11 

12 

13 

14 

15 

16 

17 

13 

19 

20 

21 

22 

23 

24 

25 

MR. HABER: Bye. 

(Whereupon, at 11:30 a.m., the telephone 

conference in the above-entitled matter was 

concluded.) 

// 

// 

// 

// 

// 

// 

// 

// 

// 

// 

// 

// 

// 

// 

// 

/ / • 

// " ' 

// 

// 

// 

// 

Heritage Reporting Corporation 

(202) 628-4883 
^ ^ ^ 

REPORTER'S CERTIFICATE 

DOCKET NO.: CPll&SOQ)©(^l 

CASE TITLE: CLOOt) OfV^C^fi A,-J\ ATO O 

HEARING DATE: ^^^^l^^'^<i - 2 , QCb\7. 

LOCATION: U3^S>V^^Aj6TO'0 , ^ C 

I hereby certify that the proceedings and 

evidence are contained fully and accurately on the 

tapes and notes reported by me at the hearing in the 

above case before Oc'pCvfY^e^-vi- of i *^i/1^[Y/-\rvt\>-\ 

Date : \0.\%\\\ 

Official Reporter 

Heritage Reporting Corporation 

Suite 600 

1220 L Street, N.W, 

Washington, D.C. 200 05-4018 

Heritage Reporting Corporation 

(202) 628-4888