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In Re: Facility Solutions 06-06-2013 JUN 2 B· iOJ~ y~. -1 ,I; .. ,u . 

HEARING~- DOC~~ET 

1 

'J- - c p ! ~: 9 

DEPARTMENT OF TRANSPORTATION , OFFICE OF HEARINGS 

IN RE : 

FDMS NO . FAA- 2013 - 0047 

FACILITY SOLUTIONS , INC 

Washington , 

Thursday , June 6 , 

D. C. 

2013 

QORIGINAL 

The fo llowing pages constitute the proceedings 

held in the above - capt i o n ed matter be f ore the 

HONORABLE J . E . SU LL IVAN , held at the Department of 

Transportation, Office of Hearings , 1200 New Jersey 

Ave SE , Washington , D.C . before Roger Meyers of 

Cap i tal Reporting Company , beginn i ng at approximately 

1 : 30 p . m . 

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In Re: Facility Solutions 06-06-2013 

1 A P P E A R A N C E S 

2 

3 On beha l f of t he Appellan t: 

4 MR . BRIAN K. KHAN, ESQUIRE 

5 Offi ce of the Regiona l Counse l 

6 Federal Aviation Admi nistration 

7 2300 East Devon Avenue , AGL- 7H 

8 Des Planes, I L 60018 

9 Te l: 847 - 29 4- 7652 

1 0 Fax : 847 - 29 4- 7498 

11 

12 On behalf of the Responden t: 

13 MR . ROY J . TRANS IT, ESQUIRE 

1 4 P . 0 . Box 1578 

15 Roya l Oak , MI 4 8068 -1 578 

1 6 Tel : 586 - 491 - 6822 

17 

18 

19 

20 

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

2 THE COURT : We are on the record in the 

3 matter of Fac i lity Solutions, I nc . This is docket 

4 number FAA- 2013 - 0047 . Today i s Thursday , June 6 , 

5 2013 . And the parties have convened for a Rule 16 

6 Litigation Scheduling Conference . 

7 The FAA is represented by its attorney of 

8 record , Bri an K. Khan appearing by telephone . 

9 The Respondent , Faci l ities So l utions , Inc ., 

10 i s r e presen ted by its attorney of record , Roy J . 

11 Transi t , a l so appeari n g by telephone . 

12 In addition , appearing as observers only at 

13 the Off ice of Hea r ing , are Mr . Andy Orr , a law student 

14 i ntern wi th this office , as we l l as Ms . Lisa Harris, a 

1 5 lega l assi stant with this office . 

16 Good afternoon to everyone . 

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18 

19 

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2 1 

22 

MR . KHAN : Good afternoon , Your Honor . 

MR . TRANS I T : Good afternoon , You r Honor . 

THE COURT: Thank you . 

Fo lks , j ust so t h at we ' re a l l on the same 

page , I will n ote tha t on Apr i l 2 , 2013 , an Order 

setti ng a Ru l e 16 Litigation Scheduling Conference and 

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1 Directive Rule 26(f) Planning and Submission was filed . 

2 Shortly thereafter on April 15 , 2013 , the Respondent 

3 filed Respondent ' s Answer to the Complaint . On May 2 8 , 

4 2013 , the parties filed the Parties Proposed Di scovery 

5 Pl an , wh i ch leads us to today ' s con f erence . 

6 I have had a chance to review your Proposed 

7 Di scove r y Pl an and I am go i ng t o ask you a coup le o f 

8 d i fferent questions about it . And I wi l l always 

9 address my questions first to the FAA counse l, who is 

1 0 t he complainant in this matter, and t h e n move to the 

11 Respon dent for additiona l commentary . 

12 So I have no troub l e adopting t he June 20 , 

1 3 2013 , deadline that you have proposed for the l ast date 

14 to serve each other with initial disclosures pursuant 

1 5 to CR 26 (a) ( 1 ) (A) . 

16 I do have a question for you about the 

17 beginni ng of genera l discovery . You had i ndicat ed 1 n 

18 your p r oposed plan tha t al l d i scovery should be 

19 completed by September 20 . And I am presuming that you 

20 

21 

22 

inten d that t o mean a l l gene r al discovery should be 

completed with potentially a l i ttle bit o f a fol l ow up 

for any supp l emental discovery . And I just want to 

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1 check in with you first about that . Mr . Khan , was that 

2 your intention? 

3 MR. KHAN : I don ' t think we discussed that in 

4 depth , but that sounds good to me , Your Honor , if Roy 

5 agrees . 

6 THE COURT: Okay . Mr . Transit? 

7 MR . TRANSIT: Yes , I would agree to that , I 

8 am sure if there is rebuttal or follow up . 

9 THE COURT : Then let me talk about the start 

1 0 of general d i scove r y . Typically, I put in a general 

11 start date in my discovery orders just so that I avoid 

12 problems that I have had in the past with litigants not 

13 starting until it is time to f i nish . So if you have 

14 June 2 0 1 2013 , as the deadline to finish exchanging 

15 your initial discovery , it might be helpful to set , 

16 say , July 1 as a deadline to begin exchanging general 

17 discovery . That doesn ' t mean that you have to wait 

18 until July 1 , but it simply means that you should have 

19 started by July 1 , 

20 2013 . 

21 

22 

Mr. Khan , would that be acceptable to you? 

MR . KHAN : Yes , Your Honor . 

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1 THE COURT : Mr . Transit? 

2 MR . TRANSIT : Yes . 

3 THE COURT : And I am happy to adopt your 

4 proposed dates of July 22 , 2013 , for initial expert 

5 disclosures as well as August 6, 2013 , for expert 

6 rebuttal disclosures . I will adopt your September 20 , 

7 2013 , date for the deadline for completing general 

8 discovery . Given the dispositive motion proposal I 

9 thought mayb e it might be helpful to have September 20 

10 as your deadline for -- I 'm sorry , I also would be 

11 happy to adopt your Septembe r 20 , 2013 , deadline for 

1 2 filing any amendments to pleadings . And given that , 

13 how about if we set September 27 , 201} , for the 

14 deadline , the last date to exchange supplemental 

15 discovery requests . And then set October 11 , 20 1 3 , for 

16 the deadline for completing supplemental discovery . 

17 Starting with you, Mr. Khan , does that work 

18 for you? 

19 

20 

21 

22 

MR . KHAN : Yes , Your Honor . 

THE COURT : And Mr. Transit? 

MR . TRANSIT: Good . 

THE COURT: Then let ' s talk about dispositive 

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In Re: Facility Solutions 06-06-2013 

1 motions. You have indicated here that all dispositive 

2 motions should be filed and heard by November 20 , and I 

3 need to tweak that a little bit because I can certainly 

4 set dates for you to file the motion , the answer and 

5 the reply before November 20 , 2013 , but because of my 

6 trail schedul e , I would not be able to set oral 

7 argume n t unt i l December . And I just want to check i n 

8 with you about that . It seems like that would work , 

9 since you have set a January 13 , 2014 , date for a final 

10 settl ement conference. But I want to chat with you 

11 about it just in case . 

12 Mr . Kahn , wou l d it be acceptable to have your 

13 oral argument on the summary judgment in December? 

14 MR . KAHN : Yes , Your Honor . 

15 THE COURT: Okay . 

16 Mr. Transit , lS that acceptable as well? 

17 MR . TRANSIT : No , I am afraid not . I have a 

18 trip p l anned from November 27 through December 30 . 

19 

20 

21 

22 

THE COURT : Okay . 

MR . TRANSIT : I' l l be out of the country . 

THE COURT : Well , we need to then chat about 

that because I have several trials right before 

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1 Thanksgiving through most of December . 

2 MR . TRANSIT : Could we move the ora l argument 

3 date out to about the January 13 date , or somewhere in 

4 that r ange? 

5 THE COURT : Yes , we could do that . We cou l d 

6 do that . So let ' s talk first about the deadlines for 

7 f iling t h e bri efs . An d I thi nk we can get al l of those 

8 i n before November 20 . How about October 25 , 2013 , for 

9 filing the dispositive motions , Novembe r 8 , 20 1 3 , for 

1 0 fili ng a n y r esponse or a nswe r to s u ch mo ti ons a nd 

11 November 15 , 2013 , for f i ling the reply i f any . 

12 Starting with you , Mr . Khan , wou l d t h at wo r k 

13 f o r you i n terms of your schedule? 

14 MR . KHAN : Yes , Your Honor . 

15 THE COURT : Mr . Transit? 

16 MR . TRANS I T : Yes , Your Honor . 

17 THE COURT : So Mr . Transit, you are l ooking 

18 at bei n g gone from what date to wha t da t e aga in , s i r? 

19 MR . TRANSIT : November 27 is my departure 

20 dat e ; my re turn da t e is December 30 . 

21 THE COURT : Let ' s go to January , the n , for 

22 the oral argument . And the reason I say that is 

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1 because of my trial schedule after November 15 . I ' m in 

2 trial the full week of November 18 , and then I have 

3 Thanksgiving week scheduled . And then I am in trial 

4 again essent i ally through Mid December . I have two 

5 trials in January so let me see a concern I have then 

6 is I want to make sure that I can hear oral argument on 

7 the summary j udgment motions o r dispositive motions and 

8 issue rulings on them preferably before your f inal 

9 settlement conference although that is up to the two of 

10 you . I t would seem to me that it wou ld be most 

11 efficacious for you to have rulings on those motions 

12 befo re you meet a final time for your private 

13 settlement conference . 

14 But I would like to kn ow what your 

15 preferences are , starting with you , Mr . Khan . 

16 MR . KHAN : I think that makes perfect sense , 

17 Your Honor . 

18 THE COURT: And Mr . Transit? 

19 MR . TRANSIT : I would agree , would it move 

20 the f o l low up settl ement conference out to February or 

21 

22 THE COURT : Okay . 

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1 MR . TRANSIT : following your 

2 THE COURT: Okay . Let's do that then . How 

3 about the week of -- let me make sure that I am not 

4 stepping on holidays . I know there is a Martin Luther 

5 King holiday in January . Does anybody know about when 

6 that is? 

7 MR . KHAN : I don't. 

8 MR . TRANSIT : I show it as January 20. 

9 THE COURT : So how about later that week of 

10 January 20 , say the 22nd or the 23rd ; would either of 

11 those dates work for you , Mr. Khan? 

12 MR . KHAN : Either of those work for me , Your 

13 Honor. 

14 THE COURT : Mr . Transit , how about for you? 

15 MR. TRANSIT: Yes ; it actually would be 

16 better on the 23rd , if I had a choice . I can mo ve 

17 stuff around . I do have stuff on the 22nd but 

18 THE COURT : You do have a choice and I 'm 

19 happy to work with your calendar . Do you have a 

20 preference on the 23rd for mo rning or the afternoon? 

21 MR. TRANSIT: Where will these take place? 

22 Will they take place in Washington or --

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1 THE COURT: This is a telephone oral 

2 a r gument , so you can sit in your office . 

3 MR . TRANS IT: Anyt i me whatever is convenient 

4 for Mr . Khan . I do like t h e afternoon because I 

5 usually schedule thi ngs i n the morn i ng in Court . 

6 THE COURT: Okay . 

7 Mr . Khan , do you have preference for any time 

8 in the afternoon? 

9 MR . KHAN : No preference , if 2 : 00 Eastern 

10 works or 1 : 00 East e rn . 

11 THE COURT: How about 1 : 30 ; let ' s do a 

12 Solomon cut on that , 1: 30 i n the afternoon . 

13 MR . KHAN : Sure . 

14 THE COURT : Okay . That wi l l be January 23 , 

15 2014 , 1 : 30 p .m. to 2 : 30 p .m. Eastern time . I will ask 

16 you both i f you wi ll keep the half hour immediately 

17 fo l lowi ng 2 : 30 ope n . I say t hat because 9 t i mes o u t of 

18 10 , I have summa r y j udgmen t ora l argumen t f i nish withi n 

19 that one hour peri od of time ; but every tenth time , I 

20 h ave i t r u n over t e n o r 15 minu tes . And I don ' t want 

2 1 to inconven ience anybody . 

22 MR . KHAN: Okay . 

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In Re: Facility Solutions 06-06-2013 

1 THE COURT : Let ' s talk then about the hearing 

2 date itself . Then we can move back and talk about the 

3 exchange o f witness lists and exhibits, the 

4 stipulations and the final settlement conference . 

5 How much time, Mr . Khan , do you think it will 

6 take you to present a prima facie case , if you assume 

7 that a ll issues go to trial? 

8 MR . KHAN : Including exami nation of witnesses 

9 and experts? 

10 THE COURT : Yes ; for your own prima facie 

11 case , how much time do you think it would take? 

12 MR. KHAN : I wouldn 't ant i cipate more than 

13 two to three hours, Your Honor . 

14 THE COURT : So a half day for the whole prima 

15 facie case? 

1 6 MR . KHAN : I am guesstimating ; I would assume 

17 so. But I don ' t want to be held to it, obviously . 

18 THE COURT : Well , I'm trying to schedule on 

19 my calendar, so how many witnesses do you anticipate 

20 cal ling, assuming all issues in dispute are tried? 

21 

22 

MR . KHAN : I would call the Jeffrey DeBeyer , 

(ph) the person who traveled , the inspector that 

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1 initiated the case and investigated the case , and at 

2 this point , that ' s probably i t on my end. 

3 THE COURT: And then Mr . Transit , how much 

4 time do you think it would take for you to put on a 

5 responsive case? 

6 MR . TRANSIT : I probably would have at least 

7 three witnesses ; I have the owner of the company , the 

8 human resources person with regards to policy , and an 

9 expert witness potentially on the issue of what is 

10 carryable or not carryable or the emp l oyees 

11 responsibility for that . So I am thinking a half a 

12 day . Actually , I think two days for trial purposes with 

13 argument and everything else . 

14 THE COURT : I think that ' s probably a good 

15 comfortable margin at this point because you both will 

16 be given an opportunity to make opening , to also make 

17 c l osings and then cross exami nation for both sides 

18 usually takes a little l onger than you originally 

19 anticipate . At least that has been my experience in 

20 tri a l s . So let ' s plan on a two - day trial and i f we 

21 don ' t take all that time , then that ' s fine . But I 

22 don ' t want to come to the hearing site and then find 

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1 out we need another half day and nobody can stay or we 

2 don ' t have access to the courtroom for more than we 

3 have reserved . 

4 So l et ' s talk then about venue. I k n ow that 

5 you have a private settlement confe r ence in the Chicago 

6 area but there was also a request by one of the parties 

7 for Detroit , Mich i gan . And so I ' m wonderi n g if you 

8 have talked about and agreed to a venue site yet ; 

9 starting with you , Mr . Khan? 

10 MR . KHAN: I think we briefly d i scussed i t , 

11 Your Honor . I would have no problem with either 

12 Detroit or Chicago . I reali ze that most of the 

13 witnesses are in the Detroit area. And my inspector is 

14 actually in Bost on , so she would have to trave l 

15 somep l ace anyway . So I am open to venue . 

16 THE COURT : Mr . Transit , do you have a 

17 preference? 

18 MR . TRANSIT : I wou l d have a preference for 

19 Detroit . I don ' t know what your arrangements are? Do 

20 you come to the Federal Court here in Detroit , or do 

2 1 you do it at the airport? 

22 THE COURT : I haven ' t had it at the airport , 

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1 thank you for offering . No , we usuall y contact the 

2 U. S . District Court in the city where we are going to 

3 hold the heari ng . I f a U. S . District Court is not 

4 available and the r e is a U.S . Court of Appeals , we go 

5 to the U. S . Court of Appeals next . If that forum is 

6 not available , then we try with the Court of General 

7 Jurisdi c ti on fo r that state in that county . We also 

8 have occasi ona l ly contacted the Immi gration Court , but 

9 they usua l ly are j ust over- burdened with their own 

1 0 cases . So we r ea ll y start wi th the U. S . Distr ict 

11 Courthouse . We usua l ly have been qu i te successful . On 

12 rare occasions, we go elsewhere , but it ' s usually 

13 a l ways held in a cour thouse in a courtroom . Does that 

14 help? 

15 MR . TRANSI T: Yes . That wou l d be downtown 

16 Detroi t, then . So it is an acceptable venue . 

17 THE COU RT: It sounds l ike it is a n 

18 acceptab l e venue t o Mr. Khan and it is certainly 

19 acceptab l e to this Court . So we will set the matter 

20 for Detroi t , Mi ch igan . And then closer in the t i me to 

21 the hearing , I will send out a no t ice of specific 

22 l ocation t o you both . We normally don ' t sta r t the 

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1 search for the location until about three months prior 

2 to the hearing in part because we have over 50 percent 

3 of the cases here settle . So we wait a little while 

4 befor e we start looking around for l ocations a n d 

5 contacting court clerks . But the hearing will be set 

6 in Detroit , Michigan , by agreement of the parties . 

7 So for a t wo - day hearing , l et ' s t a lk abou t 

8 time period . Mr . Khan , just so that I know , how much 

9 time prior to the hearing do you usually l ike to get or 

1 0 exchange witnesses and exhibi ts ; is it two wee k s , three 

11 weeks , four weeks , one week? How much t i me do you 

1 2 usua ll y like to have? 

13 MR . KHAN : I would say , Your Honor , maybe 30 

14 to 45 days in advance would be nice , just because we 

15 have so many cases and I am sure Mr . Tran s it also has a 

16 lot of cases, too . So just so we have enough t ime to 

1 7 thoroughly go over it . 

1 8 THE COURT : Mr . Transit , do you have a 

19 preference? 

20 

21 

22 

MR. TRANSIT : I don ' t , Your Ho n or . Thirt y 

days would be wonderfu l i f I had tha t much time to 

prep . 

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1 THE COURT : Okay . 

2 MR . TRANSIT : Not that I would use it all . I 

3 get their disclosures and I send mine and then I ' m 

4 prepping two days before trial , usually . 

5 THE COURT : I understand . Let's do this : 

6 we ' re going to have the Summary Judgment Oral Argument 

7 on January 23 , 2014 . I usually like to g i ve myself 

8 about two weeks especially when I have a trial the 

9 following week which I do in this case to issue a 

10 ruling. So assuming that my ruling is issued on or 

11 before February 6 , 2014 , then we need to g i ve you just 

12 a little bit of time to get that ruling and then make 

13 some decisions about what exhibits and/or witnesses you 

14 are going to call . 

15 MR . TRANSIT : And the answer right there with 

16 final settlement conference after that , that brings up 

17 

18 THE COURT : Yes , thank you . Do you want to 

19 have the final settlement conference prior to any 

20 exchange of witnesses or exhibits or does i t matter to 

21 you , starting with you , Mr. Khan? 

22 MR. KHAN : I don ' t think i t would matter at 

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1 that point just because I think by then , we probably 

2 wi ll have most of our witnesses set and at least for 

3 me , there are not too many exhibits that we have . So I 

4 don ' t need much time . 

5 THE COURT : Mr . Transit , do you have a 

6 preference? 

7 MR . TRANSIT : I don ' t know ; I always prefer a 

8 settlement conference before the work of getting ready 

9 for trial. I have been --

10 THE COURT : Sure . Well , let ' s talk about the 

11 week of February 17 , 2014 , or the week of February 24 , 

12 2014 , for your settlement conference . Do you want to 

13 set a specific date right now or do you just want to 

14 agree to a certain week and then make that arrangement 

15 privately from there because I will include whatever 

16 time period you give me within this Litigation Order . 

17 MR. TRANSIT: That week of the 1 7th to the 

18 21st , any day in there wou l d be fine with me . The 

19 venue of Chicago if you want to just pick that Thursday 

20 which lS a low court business day for me , which is the 

21 20th to meet , that would work for me . 

22 THE COURT : Mr . Khan . 

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1 MR . TRANSIT : I can arrange that . So the 

2 20th for the scheduling conference or I mean , final 

3 settlement conference . 

4 THE COURT : Okay. Thank you , Counsel . I 

5 will note that Feb r uary 20 , 2014 , is the final 

6 settlement conference where the parties will meet at 

7 the FAA offices i n Chi cago . 

8 So then let ' s talk about --

9 MR . TRANSIT : Exhibit and witness list? 

10 THE COURT : It ' s he l pful for me to actua l ly 

11 schedule the heari ng at this point because then I can 

12 back track with the witness l ist . So with Feb r uary 20 

13 being your date , if the witness list, just for example 

14 was fi l ed the first week of March 2014 , that would put 

15 us at either the l ast week of March or early April for 

16 the two day trial . So looking at your calendars for 

17 the week of say March 31 , 2014 , or the week of April 7 , 

18 2014 ; starti ng with you , Mr. Khan , do you have a 

19 preference? 

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MR . KHAN : No , Your Honor , I don ' t . 

THE COURT : Mr . Transit , how about you? 

MR . TRANSIT : Either or those -- both of 

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1 those dates work for me , both for the exhibit and 

2 witness list and the hearing date . 

3 THE COURT : Okay . We ' re going to talk 

4 about the hearing date first and then we wi ll back 

5 track for the witness list and the motions ln l imine so 

6 that those particular things will be after the 

7 settlement conference , but with room to breathe before 

8 the hearing . So if we set the hearing , for example , the 

9 week of April 7 , 2014 , what we can do is then we can 

10 have witness lists exchanged on or before March 10 , 

11 2014 , and have written motions and stipul ations fi l ed 

1 2 say on or before March 28 , 

13 2014 . 

14 Starting with you , Mr . Khan , would that work? 

15 MR . KHAN : Yes , You r Honor . 

16 THE COURT : And Mr. Transit? 

17 MR . TRANSIT : With regards to the mo tions ln 

18 l imine , would that be don e by phone also , Your Honor? 

19 THE COURT : I ' m trying to set a date to file 

20 written stipulati ons a n d/or motion s in limine and then 

2 1 and I should have c l arified thi s be f ore , you are 

22 welcome to also come to the hearing and ma ke o r al 

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1 motions ln limine . But idea l ly , if you could do as 

2 much as possible in writing before hand , that is 

3 helpful to me . And it 

4 MR . TRANSIT : The motions in l imine would be 

5 heard at the hea ring? 

6 THE COURT : I have actually had peopl e do 

7 written motions in limine p r i o r to the hearing and also 

8 do ora l motions in l i mine . I thi nk it dep ends on wh ere 

9 you live in the country and how you practice . So if 

10 there are written stipulati ons a n d/or writte n motions 

11 in limine that you want to f il e i n wr iting p r i or to the 

12 heari ng , I want to set a due date for that. That 

13 doesn ' t p r ec l ude you from ma k ing ora l motions i n limi ne 

14 o r from presenting ora l sti pulations b y ag r eement on 

1 5 t he day of the hearing . Does that ma ke sen se? 

16 MR . TRANSIT : I t does , and those dates wi l l 

17 work fine with me . 

18 THE COURT : Okay . Grea t. Then i n terms o f 

19 the actual hearing date in the first fu l l week of 

20 Ap r i l , starting wi t h you , Mr. Kh an , s i nce y o u' re 

21 travel i ng from Ill inois, do you prefer trave l ing on a 

22 Monday o r a Tuesday? 

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1 MR . KHAN : Then we wou l d actually be having 

2 the hearing on a Tuesday and Wednesday or Wednesday and 

3 Thursday? 

4 THE COURT : Correct . 

5 MR . KHAN : I think I would prefer travel i ng 

6 on a Monday would be good . 

7 THE COURT: That wou l d mean holding a heari ng 

8 on April 8 , 2014 , and April 9 , 2014 . An d Mr. Tr ansi t, 

9 would that work for your schedule? 

10 MR . TRANSIT : Yes . 

11 THE COURT : And Mr . Khan , I was somewhat 

12 presumpt i ve , but did that work for your schedule as 

13 well? 

14 MR . KHAN : Yes , Your Honor . 

15 THE COURT : Then let ' s plan on the hearing 

16 for Tuesday , Apri l 8 , 2014 , and Wednesday , April 9 , 

17 2014 ; and I usual l y set t he time t o start a t 9 : 00 a .m. 

18 e n ding a t 5 : 00 p . m. Just so you know ahead of t ime , I 

19 always take an hour to and hour and 15 minutes for 

20 lunc h on every h eari ng date . And I do do recesses te n 

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22 

to 15 minutes once in the morning and once i n the 

a f ternoon so that our court reporte r has a b r eak a n d so 

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Capital Reporting Company 

In Re: Facility Solutions 06-06-2013 

1 that we al l have a break as well . 

2 As I mentioned before the specific locati on 

3 of the hearing wi ll be provided ln writing to you both 

4 in a comfortable time prior to the hearing . 

5 I will send you out a written procedural 

6 order that gives you all the dates that we have ta l ked 

7 about and agreed t o as wel l as some additional 

8 information about how to file, if you have problems 

9 wi th discovery, how to set up oral argument on my 

10 calendar if you need to have something more than what 

11 we have discussed today, how to mark your exhibits . I 

12 do ask everybody t o have an index cover sheet with your 

13 exhibits in large part because it just makes it so much 

14 easier for all of us at trial and it also is something 

15 that the hearing docket has been asking us to fi l e as 

16 we ll. So information like that will be included in 

17 this procedural order . 

1 8 I will also include in the order the a ttorne y 

19 advisor who is wo rki ng on the case with me . Hi s name 

20 is Cody L. Smith. And I will include his phone number 

2 1 as wel l so that you can always call him and ask him 

22 questions if you have any questions about the orde r or 

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Capital Reporting Company 

In Re: Facility Solutions 06-06-2013 

1 how to address procedura l matters b e tween now and the 

2 next time we talk . 

3 With that , Mr . Kh an , is there anyt h i n g we 

4 need to address for your client in addition to what we 

5 have already covered t his a fte r noon ? 

6 MR . KHAN : I be lieve that covers it, Your 

7 Honor . 

8 THE COURT : Okay . Mr . Transit , o n b eha l f o f 

9 your c l ient , anything else t h at we need to address? 

1 0 MR . TRANSI T: No , Yo u r Honor . 

11 THE COURT : Okay . Thank you both Counse l 

12 very much for you r presence today and for your work 1 n 

1 3 sch eduling this matter . It appears o u r b u s iness is 

14 complete . 

15 d ay . 

16 

17 

18 

19 

20 

2 1 

22 

With that , I wi l l wi sh you a l l a very good 

We can go off the record . 

Thank you very much . 

MR . KHAN : Th ank you . 

(Where upon , a t 2 : 01p . m., t he scheduling 

con fere n ce in t h e matter o f FAC ILIT Y 

SOLUTIONS , I NC . was adjou r n ed . ) 

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Capital Reporting Company 

1 CERTIFICATE OF COURT REPORTER 

2 I, Roger Meyers , the Court Reporter before 

3 whom the foregoing proceeding was taken, do hereby 

4 certify that the proceeding was recorded by me ; that 

5 the proceeding was thereafter reduced to typewriting 

6 under my direction; that said transcript is a true and 

7 accurate re cord of the proceeding ; that I am neither 

8 related to nor employed by any of the parties to this 

9 proceeding; and , further, that I have no financial 

10 interest in this proceeding. 

11 

12 

1 3 

14 

15 

16 

1 7 

18 

19 

20 

21 

22 

~~(\) --')~ 4==- 0 Roger Mey s 

Digital Court epo rter 

(866) 448 - DEPO 

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Capital Reporting Company 

In Re: Facility Solutions 06-06-2013 

1 CERTIFI CATE OF TRANSCRIPTION 

2 I , CHERYL LASELLE, hereby certify that I am 

3 not the Court Reporter wh o reported the following 

4 proceeding and that I have typed the transcript of this 

5 proceeding using the Court Reporter 's notes and 

6 re cordings . The foregoing/attached transcript is a 

7 true, correct and complete transcription of said 

8 proceeding. 

9 

10 

11 

1 2 

1 3 

14 

15 

16 

17 

18 

19 

20 

21 

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__ C I_LK~l Z - Oat~ c~~ Transcriptionist 

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15:16,18,19 

1:00 1 1:10 

1:301 :13 

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1200 1: I 0 

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1578 2:14 

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2013 1:6 3:5,21 

4:2,4,13 5:14,20 

6:4,5,7,11 ,13,15 

7:5 8:8,9,1 I 

2013-0047 3:4 

2014 7: 9 11:15 

17:7,11 18:11 ,12 

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20 :9,11 ,13 

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20th 18:21 19:2 

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Capital Reporting Company 

In Re: Facility Solutions 06-06-2013 

Page 1 

21st 18:18 847-294-7652 2:9 

22 6:4 

22nd 10: 10,17 9 

911:17 22:8,16 

2311 :141 7:7 

9:00 22:17 

2300 2:7 

23rd 10:10,16,20 A 

24 18:11 a.m 22:1 7 

25 8:8 able 7:6 

26(a)(1)(A 4:15 above-captioned 

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acceptable 5 :21 27 6:13 7:18 8:19 7:12,16 

284:320:12 15:16,18,19 

access 14:2 

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30 7:18 8:2016:13 accurate 26:7 

31 19: 17 actual 21 : 1 9 

actually 10:15 

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48068-1578 2: 15 addition 3:12 24:4 

additional4:1 1 

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5:00 22: 18 address 4:9 

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586-491-6822 2:16 adjourned 24:21 

Administration 

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60018 2:8 adopting 4: 12 

advance 16:14 

7 advisor 23: 1 9 

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afraid 7:17 

8 afternoon 

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agreed 14:8 23:7 

agreement 16:6 

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airport 14:21 ,22 

already 24:5 

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and/or 17:13 

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anticipate 

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anybody 10:5 

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anything 24:3,9 

Anytime 11 :3 

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appearing 

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appears 24:13 

Appellant 2:3 

approximately 

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21 :20 22:8,16 

area 14:6,13 

an?:ument 7:7,13 
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a rrange 1 9: 1 

a n angement 

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arrangements 

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attorney 3:7,10 

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August 6:5 

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begin 5:16 

beginning 1:12 

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behalf 2:3,12 24:8 

believe 24:6 

better 1 0:1 6 

bit 4:217:317:12 

Boston 14: 14 

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break 22:22 23: I 

breathe 20:7 

Brian 2:4 3:8 

briefly 14:1 0 

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Capital Reporting Company 

In Re: Facility Solutions 06-06-2013 

Page 2 

briefs 8:7 Cody 23:20 

brings 17:16 comfortable 13:15 

burdened 15:9 23:4 

business 18:20 commentary 4:11 

24:13 company 1: 12 

13 :7 

c complainant 4: 10 

calendar 1 0:19 

12:19 23:10 

Complaint 4:3 

complete 24: 14 

calendars 19:16 27:7 

Capital 1: 12 completed 4:19,21 

carryable 13 :1 0 completing 6:7,16 

case 7:11 concern 9:5 

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13:1 ,5 17:9 conference 3:6,22 

23:19 4:5 7:10 

9:9,13,20 12:4 

cases 15: 10 14:5 17:16,19 

16:3,15,16 18:8,12 19:2,3,6 

certain 18: 14 20:7 24:20 

certa inly 7:3 15:18 constitute 1 :7 

CERTIFICATE contact 15:1 

26:1 27:1 contacted 15:8 

certify 26:4 27 :2 contacting 16:5 

chance 4:6 convened 3:5 

chat 7:10,21 convenient 11 :3 

check 5:1 7:7 correct 22:4 27:7 

CHERYL 27:2,13 counsel 2:5 4:9 

Chicago 14:5,12 19:424:11 

18:19 19:7 country 7:20 21:9 

choice 10: 16,18 county 15 :7 

city 15:2 couple 4:7 

clarified 20:21 court 3:2,19 5:6,9 

clerks 16:5 6: I ,3,20,22 

client 24:4,9 7:15,19,21 

closer 15 :20 

8:5,15,17,21 

9:18,22 

closings 13 :17 10:2,9,14,18 

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11 :1 ,5,6,1 1,14 

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courthouse 

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courtroom 14:2 

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cover 23:12 

covered 24:5 

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cross 13:17 

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D.C 1:5,11 

date 4:13 5: 11 

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20:2,4,19 

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day 12:14 13:12 

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departure 8: 19 

depends 21:8 

depth 5:4 

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different 4:8 

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2 5:10,11 ,15,17 

6:8,15,16 23 :9 

discussed 5:3 

14:10 23:11 

dispositive 6:8,22 

7:1 8:9 9:7 

dispute 12:20 

District 15:2,3,1 0 

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Capital Reporting Company 

In Re: Facility Solutions 06-06-2013 

Page 3 

docket 3:3 23 :15 18:3 23:11 ,13 

done 20:18 experience 13 : 19 

downtown 15:15 expert 6:4,5 13:9 

due21:12 experts 12:9 

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efficacious 9:11 

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either 10:10,12 

Facility 1:3 3:3 14:11 19:15,22 

24:20 

else 13:13 24:9 

Fax 2:10 

elsewhere 15:12 

FDMS 1:3 

employed 26:8 

February 9:20 

employees 13 :10 17:11 18:11 

especially 17:8 19:5,12 

ESQUIRE 2:4,13 Federal2:6 14:20 

essentially 9:4 file 7:4 20:19 

everybody 23:12 21 :1123 :8,15 

everyone 3:16 filed 4:1 ,3,4 7:2 

19:14 20:11 

everything 13:13 filing6:12 

examination 12:8 8:7,9,10,11 

13 :17 final 7:9 9:8,12 

example 19:13 12:4 17:16,19 

20:8 19:2,5 

exchange 6: 14 financial 26:9 

12:3 16:10 17:20 fine 13 :21 18:18 

exchanged 20:10 21:17 

exchanging finish 5:13,14 

5:14,16 11:18 

exhibit 19:9 20:1 first 4:9 5:1 8:6 

exhibits 12:3 19:14 20:4 21:19 

16:10 17:13,20 Folks 3:20 

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foregoing 26:3 

foregoing/ 

attached 27 :6 

forum 15 :5 

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general4:17,20 

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help 15:14 

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8:14,16 9:17 

10:13 12:13 

14:1 1 16:13,20 

19:20 20:15,18 

22:14 24:7,10 

HONORABLE 

1:9 

hour 11:16,19 • 22:19 

hours 12:13 

human 13:8 

I 

ideally 21 :1 

IL 2:8 

I'll 7:20 

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I'm 6:10 9:1 10:18 

12:18 14:7 17:3 

20:19 

immediately 11:16 

Immigration 15:8 

Inc l :3 3:3,9 24:21 

include 18: 15 

23:18,20 

included 23:16 

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Capital Reporting Company 

In Re: Facility Solutions 06-06-2013 

Page 4 

Including 12:8 J urisdiction 15:7 

inconvenience 

11:21 K 

index23:12 Kahn 7: 12,14 

indicated 4:17 7:1 K han 2:4 3:8,17 

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14:9,10 15:18 

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14:13 18:22 19:18,20 

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24:3,6,18 

inter est 26:10 King 10:5 

intern 3:14 

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issue 9:8 13:9 17:9 la rge 23 :13 

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issues 12:7,20 

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it's 15:12 19: 10 

last 4:13 6:14 

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judgment 7:13 9:7 17:5 18:10 19:8 

11 :18 17:6 22:15 

July 5:16,18,19 limine 20:5,18,20 

6:4 21 :1 ,4, 7,8,11 ,13 

June 1:6 3:4 4:12 Lisa 3:14 

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20:2,5 

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litigants 5: 12 

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loca tion 15:22 

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loca tions 16:4 

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lunch 22:20 

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March 

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ma rgin 13 :15 

ma r k 23:11 

Martin 10:4 

ma tter 1:8 3:3 

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17:20,22 

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matters 24:1 

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maybe 6:9 16:13 

mean 4:20 5:17 

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Meyers 1:11 

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MI 2:15 

Michigan 14:7 

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mine 17:3 

minutes 11 :20 

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Monday 21:22 

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months 16:1 

morning 10:20 

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motion 6:8 7:4 

motions 7:1,2 

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20:5,11 ,17,20 • 21 :1 ,4,7,8,10,13 

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10:16 12:2 

myself 17:7 

N 

neither 26:7 

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normally 15 :22 

note 3:21 19:5 

notes 27:5 

notice 15:21 

November 

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Capital Reporting Company 

In Re: Facility Solutions 06-06-2013 

Page 5 

percent 16:2 

0 perfect 9:16 

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period 11 :1916:8 

obviously 12:1 7 18:16 

occasionally 15:8 person 12:22 13 :8 

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parties 3:5 4:4 prepping 17:4 

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past 5:12 presenting 21:14 

people 21 :6 presuming 4:19 

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prima 12:6,10,14 

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questions 4:8,9 

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rebuttal 5:8 6:6 

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24:16 26:7 

recorded 26:4 

recordings 27:6 

reduced 26:5 

regards 13:8 20:17 

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related 26:8 

reply 7:5 8:11 

reported 27:3 

reporter 22:22 

26:1 ,2,15 27:3 

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request 14:6 

requests 6:15 

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resources 13 :8 

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response 8: 1 0 

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return 8:20 

review 4:6 

Roger 1:11 

26:2,15 

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In Re: Facility Solutions 06-06-2013 

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room 20:7 simply 5:18 

Roy 2: 1 3 3: 1 0 5 :4 sir 8:18 

Royal 2: 15 sit 11 :2 

Rule 3:5,22 4:1 site 13:22 14:8 

ruling 17:1 0,12 Smith 23 :20 

rulings 9:8, 11 Solomon 11 :12 

run 11:20 Solutions I :3 3:3,9 

24 :21 

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schedule 7:6 8:13 somewhat 22:11 

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scheduled 9:3 sorry 6:10 

scheduling 3:6,22 sounds 5:4 15 :17 

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send 15:21 17:3 starting 5:13 6:1 7 

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sense 9: 16 21 : 15 17:21 19:18 

September 4: 19 20:14 21 :20 

6:6,9,11 ,13 state 15:7 

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settle 16:3 stipulations 12:4 

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9:9,13,20 12:4 21:10,14 

14:5 17:16,19 student 3:13 

18:8,12 19:3,6 stuff 10:17 

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Submission 4:1 

several 7:22 

successful 15:11 

sheet 23 :12 

SULLIVAN 1:9 

Shortly 4:2 

sides 13:17 summary 7:13 9:7 

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supplemental 4:22 

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today 3:4 23:11 

24 :1 2 

today's 4:5 

track 19:12 20:5 

trail 7:6 

transcript 26 :6 

27:4,6 

transcription 
• 27:1 ,7 

Transcriptionist 

27:13 

Transit 2:13 

3:11 ,18 5:6,7 

6: I ,2,20,21 

7:16,17,20 

8:2,15,16,17,19 

9:18,19 

10:1,8,14,15,21 

11:3 13:3,6 

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16:15,18,20 

17:2,15 

18:5,7,17 

19:1,9,21 ,22 

20:16,17 21:4,16 

22:8,10 24:8,10 

Transportation 

1: 1,10 

travel 14:14 • traveled 12:22 

traveling 21:21 

22:5 

trial 9:1 ,2,3 12:7 

13 :12,20 17:4,8 

18:9 19:16 23: 14 

trials 7:22 9:5 

13 :20 

tried 12:20 

trip7:18 

trouble 4:12 

true 26:6 27:7 

tryl5:6 

trying 12:18 20:19 

Tuesday 21 :22 

22 :2,16 

tweak 7:3 

• two-day 13 :20 

Capital Reporting Company 

In Re: Facility Solutions 06-06-2013 

Page 7 

16:7 wish 24:14 

typed 27:4 witness 12:3 13:9 

typewriting 26:5 19:9,12,13 

Typically 5:10 

20:2,5, I 0 

witnesses 12:8,19 

u 13:7 14:13 16:10 

u.s 15:2,3,4,5,10 

17:13,20 18:2 

wonderful 16:21 

understand 17:5 

usually 11:5 13:18 wondering 14:7 

15 :1,9,11 ,12 work 6:17 7:8 8:12 

16:9,12 17:4,7 10:11 ,12,19 

22:17 18:8,21 20:1 ,14 

21:17 22:9,12 

v 

24:12 

venue 14:4,8,15 working 23:19 

15: 1 6, 18 18: 19 works 11 :10 

writing 21 :2,11 

w 23:3 

wait 5:17 16:3 written 20:1 1,20 

Washington 21:7,10 23 :5 

1:5,11 10:22 

Wednesday y 

22:2,16 yet 14:8 

week 9:2,3 10:3,9 

16:11 17:9 

18 :11 ,14,17 

19:14,15,17 20:9 

21:19 

weeks 16:10,11 

17:8 

welcome 20:22 

we're 3:20 17:6 

20 :3 

whatever 11:3 

18:15 

Whereupon 24:19 

whole 12:14 

whom 26:3 

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