UNITED STATES OF AMERICA:

DEPARTMENT OF TRANSPORTATION

OFFICE OF HEARINGS

IN THE MATTER OF:

MISSISSIPPI AIR EXPRESS, LLC, DOCKET NO.

 FAA-2014-0866

RESPONDENT.

_____________________________________________________

 TELECONFERENCE HEARING BEFORE

 THE HONORABLE J.E. SULLIVAN

 WEDNESDAY, JUNE 17, 2015

 2:08 P.M.

 HISTORIC JORDAN SPRINGS

 1160 JORDAN SPRINGS ROAD

 STEPHENSON, VIRGINIA 22656
Mississippi Air Express, LLC June 17, 2015 VR # 2182-2 Page 2

1 APPEARANCES

2

3 ON BEHALF OF THE COMPLAINANT,

4 FEDERAL AVIATION ADMINISTRATION:

5 DELTRICK JOHNSON, ESQUIRE

6 OFFICE OF THE REGIONAL COUNCIL, ASO-7

7 SOUTHERN REGION

8 1701 COLUMBIA AVENUE

9 COLLEGE PARK, GEORGIA 30337

10 TELEPHONE: 404.305.5200

11 FACSIMILE: 404.305.5223

12 EMAIL: DELTRICK.JOHNSON@FAA.GOV

13

14 ON BEHALF OF THE RESPONDENT,

15 MISSISSIPPI AIR EXPRESS, LLC:

16 WAYNE E. FERRELL, JR., ESQUIRE

17 LAW OFFICES OF WAYNE E. FERRELL, JR.

18 405 TOMBIGBEE STREET

19 PO BOX 24448

20 JACKSON, MISSISSIPPI 39228

21 TELEPHONE: 601.969.4700

22 FACSIMILE: 601.969.7514

23 EMAIL: WFERRELL@AIRLAWONLINE.COM

24

25
Mississippi Air Express, LLC June 17, 2015 VR # 2182-2 Page 3

1 ALSO PRESENT

2

3 CODY SMITH

4 SPENCER WILLIAMS

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25
Mississippi Air Express, LLC June 17, 2015 VR # 2182-2 Page 4

1 INDEX

2 Page

3

4 (NO EXAMINATION)

5

6

7 EXHIBITS

8 Exhibit Page

9

10 (NONE MARKED)

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25
Mississippi Air Express, LLC June 17, 2015 VR # 2182-2 Page 5

1 TELECONFERENCE HEARING

2 WEDNESDAY, JUNE 17, 2015

3 2:08 P.M.

4 THE COURT: Good afternoon, this is

5 Judge Sullivan. Do I have Mr. Johnson on behalf of

6 the FAA?

7 MR. JOHNSON: Yes, Your Honor.

8 THE COURT: Okay. And Mr. Ferrell on

9 behalf of the respondent, Mississippi Air Express?

10 MR. FERRELL: Yes, ma'am.

11 THE COURT: And I should also have and

12 Andrea Mikus from County Court Reporters?

13 COURT REPORTER: Yes, ma'am.

14 THE COURT: Okay. And it's my

15 understanding, counsel, that you've been advised that

16 we have two observers, and I'll be happy to identify

17 them again once we go on the record.

18 Mr. Johnson, is there anyone else

19 appearing with you today?

20 MR. JOHNSON: No, Your Honor.

21 THE COURT: And Mr. Ferrell, same

22 question.

23 MR. FERRELL: No, ma'am.

24 THE COURT: Okay.

25 Madam Court Reporter, are you ready?
Mississippi Air Express, LLC June 17, 2015 VR # 2182-2 Page 6

1 COURT REPORTER: Yes, ma'am.

2 THE COURT: Okay.

3 We're on the record in the matter of

4 Mississippi Air Express, LLC. This is docket number

5 FAA-2014-0866. Today is Wednesday, June 17, 2015, and

6 the parties have appeared for a motion conference by

7 telephone. The FAA is represented by its attorney of

8 record, Mr. Deltrick H. Johnson. The respondent,

9 Mississippi Air Express, LLC, is represented by its

10 attorney of record, Mr. Wayne E. Ferrell, Jr. Also

11 present sitting in as observers at the office of

12 hearing is Mr. Cody Smith, an attorney advisor with

13 this office and Mr. Spencer Williams, a law student

14 and judicial intern. So, welcome to you all.

15 What I will do is I'll just briefly

16 identify why we have reconvened, and then we'll go

17 into some oral argument. So, essentially, on April

18 15, 2015, the parties convened by telephone for a

19 scheduled motion conference to present oral argument

20 on the respondent's February 19, 2015 motion to

21 dismiss. During that conference, the parties agreed

22 that supplemental materials might be helpful, and as a

23 result, the conference was continued to today's date

24 and time. After the conference was concluded, an

25 April 17, 2015 order setting second motion conference
Mississippi Air Express, LLC June 17, 2015 VR # 2182-2 Page 7

1 and deadlines for supplemental filings was filed.

2 Pursuant to that order, on May 1, 2015, the FAA filed

3 the administrator's supplemental response to

4 respondent's motion to dismiss. On May 18, 2015, the

5 respondent filed the respondent's rebuttal to that

6 material. And based on the record before me, the FAA

7 chose not to file a reply. Is that correct, Mr.

8 Johnson?

9 MR. JOHNSON: Yes, Your Honor.

10 THE COURT: Okay. So, we have

11 reconvened today for further argument on the

12 respondent's February 19, 2015 motion to dismiss, and

13 I do need to identify one correction before we get

14 into the meat of this motion.

15 Mr. Johnson, I'm sure this was

16 something that a staff member may have done that you

17 did not catch, but in these particular proceedings,

18 the FAA cannot assert that the administrator is the

19 party's litigant, because there is a separation of

20 powers in civil penalties proceedings, as I'm sure you

21 are aware. And so, I would simply note that it

22 appears to be a clerical error, and I would ask you to

23 discuss that with your staff so that the error doesn't

24 get repeated. Do you need my ...

25 MR. JOHNSON: Yes, Your Honor.
Mississippi Air Express, LLC June 17, 2015 VR # 2182-2 Page 8

1 THE COURT: ... do you need, by any

2 chance, the regulation citations as helpful reference,

3 or are you aware of them already?

4 MR. JOHNSON: I am aware of them

5 already, Your Honor. Thank you.

6 THE COURT: Okay. Thank you very much.

7 Let's, then let's start with this. The April 17, 2015

8 order, which set the deadlines for supplemental

9 filing, also talked a little bit about what the issue

10 might be in addition to the general issues that the

11 parties had already briefed. And that was whether or

12 not the FAA had complied with 14 CFR section 13.208

13 subsection D and the initiation and prosecution of

14 this matter. So, because the supplemental material

15 started with the FAA supplemental response, I'm going

16 to turn to the FAA first, and I'm going to ask the FAA

17 to briefly highlight for us what its position is on

18 that matter before I turn to the respondent.

19 Is that acceptable to you, Mr. Ferrell,

20 as the moving party?

21 MR. FERRELL: Yes, ma'am.

22 THE COURT: Okay.

23 Mr. Johnson, then let's turn back to

24 you. Can you identify for us why, whether or not you

25 think that section 14 CFR, I'm sorry, 14 CFR section
Mississippi Air Express, LLC June 17, 2015 VR # 2182-2 Page 9

1 13.208 is applicable and, if so, whether your client

2 complied with it and how?

3 MR. JOHNSON: Yes, Your Honor. 13.208,

4 the Agency argues that 13.208 applies in the sense

5 that, despite having given ...

6 THE COURT: I'm sorry, could you, I'm

7 sorry, could you ...

8 MR. JOHNSON: Sorry.

9 THE COURT: ... stop and speak a little

10 slower for me, please? Go ahead.

11 MR. JOHNSON: Oh, sure, I apologize,

12 Your Honor. The Agency argues that 14 CFR 13.208

13 applies in that proper notice is essentially given,

14 Your Honor. However, following the proper notice

15 being given, a good cause for delay occurred by when

16 respondent's counsel asked for a 45-day extension, and

17 the Agency provided that time in order for the, in

18 order for the respondent to respond. And in doing so,

19 the Agency believes that it burdened, prior to, but

20 also because it permitted the extension, it made

21 corrections based on the argument proffer of the

22 complainant, excuse me, not the, it's by the

23 respondent.

24 THE COURT: Okay. Well, let's talk a

25 little bit about that. What proper notice, in your
Mississippi Air Express, LLC June 17, 2015 VR # 2182-2 Page 10

1 opinion, was given within the year period of time, and

2 why is that particular notice sufficient given the

3 kinds of errors that have already been discussed by

4 the parties in their materials argument in this case?

5 MR. JOHNSON: Yes, Your Honor. The

6 Agency, it is my client's argument that the notice

7 provided as outlined in the supplemental material, the

8 respondent's name, the airfare certificate number, the

9 regulations that the respondent was required to

10 follow, the aircraft authorized for use by the

11 respondent, the respondent's owner and pilot, the FAR,

12 excuse me, Federal Aviation Regulations sections where

13 he's violated, and the respondent's civil penalty.

14 THE COURT: Okay.

15 MR. JOHNSON: Whether it, whether we

16 argue that the, and provided 14 CFR 120.19, those, and

17 14 CFR 122.23 and 14 CFR 121.15 each outlined what is

18 required what is required of the respondent and what

19 is alleged against them.

20 THE COURT: So, is it your position

21 that you don't really need to tell the respondent,

22 either in this case or in other cases, what the actual

23 facts are that you're alleging are problematic? You

24 simply need to notify the respondent that they have

25 come under the umbrella watch, if you will, or the
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1 microscope of the FAA's purview and that there's

2 something wrong and that you'll get back to them later

3 about what it is?

4 MR. JOHNSON: In this particular case,

5 there are enough facts sufficiently in the notice

6 provided that, however the, I do not argue that as a

7 broad application that should be applied in all cases.

8 THE COURT: Well, then, how do you

9 think this Court should be looking at this case?

10 Because I'm concerned, given what I've read in the

11 original notice, the proposed civil penalty, that

12 there was insufficient fact to put the respondent on

13 reasonable notice within the two year period of time.

14 And I'm a little unclear as to why I should adopt your

15 argument that there was, in fact, sufficient fact.

16 What, exactly, in that notice of proposed civil

17 penalty really triggered in your mind the respondent

18 to know exactly or with certainty, sufficient

19 certainty, what was going on and what it should

20 preserve and investigate and talk about with you?

21 MR. JOHNSON: Your Honor, it's the, the

22 notice, when it goes to the administrator, the

23 allegations alleged against them, I think the specific

24 violations as stated in 14 CFR 120 as previously

25 stated, those specifically outline the concerns of, as
Mississippi Air Express, LLC June 17, 2015 VR # 2182-2 Page 12

1 far as a list of violations, and again,

2 notwithstanding this, the Agency still argues that

3 there is good cause for the amended notice which

4 clarifies these concerns.

5 THE COURT: Well, what exactly, let's

6 assume just for the sake of argument that the actual

7 facts were not provided to the respondent in a timely

8 fashion and that you are at the point where you are

9 asking for a good cause finding. What is the good

10 cause that you're asserting that gives you excuse for

11 not providing the material within the two-year period?

12 What exactly are you arguing on good cause?

13 MR. JOHNSON: The Agency argues that

14 respondent's counsel requested a 45-day extension from

15 the date and after the original notice was issued, and

16 in doing so, the Agency did not do anything for 45

17 days in order to permit the respondent to research

18 and, as their letter outlines, to come up with his

19 response. And once he responded, Your Honor, the two20 year deadline has lapsed and immediately following, a

21 few days following, the Agency issued its amended

22 notice.

23 THE COURT: And just so ...

24 MR. JOHNSON: Had not, had it not been,

25 I'm sorry?
Mississippi Air Express, LLC June 17, 2015 VR # 2182-2 Page 13

1 THE COURT: Go ahead, sir.

2 MR. JOHNSON: The Agency argues that

3 had it not been for the 45-day lapse that counsel

4 asked for, then an amended notice could have been

5 issued, and it just seemed slightly inequitable for

6 counsel to ask for a 45-day extension and then argue

7 now that notice was not sufficient.

8 THE COURT: Well, let me ask you a

9 question about that. Assuming, as you have asserted

10 in your materials that all the information that you

11 had that you needed to have occurred at the time it

12 was obtained during the investigation, on or about

13 January 30, two thousand, I can't remember the year.

14 Let me just double check my materials. On or about

15 January 30, 2013. If you had that information in hand

16 since that time period, what difference does it make

17 to you whether or not the respondent needed time to

18 investigate? Couldn't you have filed an amended

19 notice at any time?

20 MR. JOHNSON: That is correct, Your

21 Honor. However, the Agency still believed that it, in

22 good faith, it permitted a 45-day extension based on

23 what was asked of by respondent's counsel.

24 THE COURT: Okay. And if you could

25 have provided an amended notice at any time, how is
Mississippi Air Express, LLC June 17, 2015 VR # 2182-2 Page 14

1 that, then, a deterrent to your client to provide

2 amended notice while they respond and it's

3 investigating? Wouldn't it have been even better to

4 have notified the respondent of that as soon as

5 possible so that it could have redirected its efforts

6 to a more relevant area of inquiry?

7 MR. JOHNSON: Yes, Your Honor.

8 THE COURT: Do you have other good

9 cause factors that you would like the Court to be

10 aware of, just so that I'm fully apprised?

11 MR. JOHNSON: No, Your Honor.

12 THE COURT: Thank you. What else would

13 you like to say in terms of this particular portion of

14 the argument, if any? Anything?

15 MR. JOHNSON: I have nothing further,

16 Your Honor.

17 THE COURT: Okay.

18 Mr. Ferrell, let me turn to you. I

19 have reviewed, as I reviewed the FAA's material, your

20 May 18, 2015 rebuttal. What is your position

21 regarding the two year period of statute of limitation

22 time?

23 MR. FERRELL: Well, our position is,

24 Your Honor, that they didn't meet that two year

25 statute of limitations and not that, and from I
Mississippi Air Express, LLC June 17, 2015 VR # 2182-2 Page 15

1 remember, they didn't just make, not make that date,

2 they didn't make it in 14 months. So, counsel's

3 argument that they just went over the two years is

4 really not much of an argument at all, and it

5 certainly does, as you've expressed, it doesn't,

6 their, from what I understand, we had recessed our

7 last conference to give the FAA time to come up with a

8 good cause exception for the rule, and they presented

9 very little information that, none of which would

10 cause a, would justify a good cause exception to the

11 rule.

12 THE COURT: Let me ask you this,

13 because Mr. Johnson has asserted that there has been

14 notice enough, and the material that your client did

15 receive within the two year period of time to put you

16 in a position to be able to respond adequately to

17 subsequent allegations that were added by the amended

18 notice of appearance, or amended notice of proposed

19 civil penalty. What is your position about that?

20 MR. FERRELL: Well, Your Honor, even

21 the amended notice still has much of the, many of the

22 allegations involve Dante Abruzzi, who has never been

23 an employee of Mississippi Air Express. They claim

24 that Mr. Couch didn't submit to an alcohol and drug

25 test. Well, he's the only, he's the only person, he
Mississippi Air Express, LLC June 17, 2015 VR # 2182-2 Page 16

1 is Mississippi Air Express. There are no other

2 employees. And, you know, the allegations in the

3 complaint are, they're not enough to give us cause,

4 you know, notice of any complaint to justify a $2,000

5 civil penalty. It's, in my opinion, it's very

6 ludicrous that these allegations ...

7 THE COURT: Well, Mr. Ferrell, let me,

8 I'm going to interrupt you. There are a couple

9 different things that we need to talk about, and I

10 think you're moving into a different portion of your

11 motion.

12 MR. FERRELL: Yes, I am. I am, but you

13 asked me about, they put us on notice of how to defend

14 this case, and that's the reason I made that argument.

15 It's, no, ma'am, it didn't.

16 THE COURT: Okay. So, let's talk

17 specifically about the time period from June 20, 2012

18 to March 26, 2014.

19 MR. FERRELL: Yes, ma'am.

20 THE COURT: June 20, 2012 is the date

21 of the alleged instance, or date of the alleged

22 violation, at least according to the amended notice of

23 proposed civil penalty that was filed on July 7, 2014.

24 March 26, 2014 is the notice of proposed civil

25 penalty, which talked about Spirit Airlines and Dante
Mississippi Air Express, LLC June 17, 2015 VR # 2182-2 Page 17

1 Abruzzi, if I understand his name based on how it's

2 spelled.

3 The question is, do you agree or

4 disagree with the FAA's argument that the March 26,

5 2014 notice of proposed civil penalty gave you enough

6 information, put you on notice as to what the

7 allegations were that you subsequently saw in the July

8 7, 2014 amended notice of proposed civil penalty, the

9 November 18, two thousand, well, I'll start, I'll stop

10 there, which is to make it ...

11 MR. FERRELL: Your Honor, it's just,

12 it's our position that the amended, the original

13 notice did not give us adequate notice to be able to

14 defend this case. The dates are not correct, the

15 parties are not correct, there was no way that we

16 could prepare a defense in response to the original

17 motion, the original complaint.

18 THE COURT: You've heard the FAA

19 attorney talk about the possibility that if the notice

20 of proposed civil penalty, which was issued on March

21 26, 2014, was insufficient, that there is a good cause

22 excuse on the untimeliness of the notice that was

23 corrected and provided to you outside the two year

24 period of time. And, in essence, the attorney has

25 asserted that your request and your extension of the
Mississippi Air Express, LLC June 17, 2015 VR # 2182-2 Page 18

1 time should serve as a good cause excuse. What is

2 your position about that?

3 MR. FERRELL: Well, our position is

4 that it does not, our request for additional time does

5 not excuse their properly complying with the rules and

6 give us a proper notice of proposed civil penalty.

7 THE COURT: Is there anything else that

8 you would like to add to that argument? I know I've

9 read your materials, but I just want to make sure that

10 you have your chance.

11 MR. FERRELL: Yes, ma'am. No, nothing.

12 THE COURT: Okay. Then let's go to

13 some other matters, now, if we may. There's an

14 alternate defense of laches. And so, we should spend

15 a little time on that. Mr. Ferrell, this is your

16 motion, and so I'm going to ask you to next address

17 your alternate motion for dismissal on the grounds of

18 laches. Would you be so kind as to just briefly

19 highlight for the Court any salient points you would

20 like?

21 MR. FERRELL: Well, it's just there's

22 the typical argument that over a period of time that

23 passed that witnesses get away, the documents are not

24 preserved, and it makes it, and it's the whole reason

25 that you have laches is that you cannot properly
Mississippi Air Express, LLC June 17, 2015 VR # 2182-2 Page 19

1 prepare for trial because documents get away and

2 witnesses are moved around and they're not reasonably,

3 it's not easily, easy to reach them and to interview

4 them and prepare a defense in a case. And then, of

5 course, documents get away, and it just, the, you

6 know, the reason that the defense was invented is that

7 there isn't any reason this couldn't have been

8 prosecuted, you know, within several months as opposed

9 to two years.

10 THE COURT: Well, that may be, but

11 there is a two year statute of limitations. So, let's

12 assume that there's a two-year window that the FAA

13 normally has. If you are claiming laches as a defense

14 within the two-year window, which you do have a right

15 to do, what are the circumstances that support your

16 assertion that there should be a finding of prejudice

17 that has occurred to your client's case for that

18 particular time period?

19 MR. FERRELL: Yes, ma'am. I'll, as to,

20 I guess I'm not prepared today to give you the names

21 of witnesses or documents that are not available

22 because of the delay and to show the prejudice. I

23 really wasn't prepared for that today. I was under

24 the impression that today we were just going to, that

25 we had recessed our original hearing to give the FAA
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1 additional time to show that they should be granted

2 additional time.

3 THE COURT: Okay. I ...

4 MR. FERRELL: And that's what I thought

5 ...

6 THE COURT: Okay, thank you. Let me

7 ask this. You had also presented in your original

8 materials an assertion that the complaint, which was

9 obviously filed on December 5, 2014, failed to state a

10 claim upon which relief can be granted. I've read

11 your materials about that. Did you want to add to any

12 of your written arguments regarding that portion of

13 your motion?

14 MR. FERRELL: No, ma'am.

15 THE COURT: Okay. Anything else that

16 you would like to say on your client's behalf

17 regarding the motion to dismiss?

18 MR. FERRELL: No, ma'am, not, other

19 than what we've already pointed out for the Court that

20 many of the allegations were due to somebody that's

21 never been employed by Mississippi Air Express and the

22 fact that there's just one person with Mississippi Air

23 Express, and he couldn't give himself a drug test.

24 And if he did ...

25 THE COURT: Well, I can ...
Mississippi Air Express, LLC June 17, 2015 VR # 2182-2 Page 21

1 MR. FERRELL: ... he did undergo a drug

2 test ...

3 THE COURT: I'm going to stop you at

4 that point, because I think you're going beyond ...

5 MR. FERRELL: Yes, ma'am, okay. You

6 asked if there was anything else. I'm sorry.

7 THE COURT: Yes, I understand that in

8 your motion, there was some inferred motion for

9 summary judgment, but that's really not the motion

10 that's before the Court.

11 MR. FERRELL: Okay.

12 THE COURT: So, Mr. Johnson, let me

13 turn to you for your response, if any, to this

14 additional argument by the respondent regarding the

15 defense of laches in support of a motion to dismiss.

16 This is the alternate defense that was raised. Do you

17 have anything that you would like to add to your

18 materials regarding that?

19 MR. JOHNSON: Yes, Your Honor. The

20 only thing I would like to point out is Your Honor

21 kind of pointed out in your questions. Delay is not

22 enough. Counsel must show actual prejudice, and at

23 this point, that has not been shown.

24 THE COURT: Okay.

25 Mr. Ferrell, this is your motion,
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1 essentially, the motion to dismiss. What I'm going

2 ...

3 MR. FERRELL: Yes, ma'am.

4 THE COURT: ... to do is I'm going to

5 give you a right of final reply.

6 MR. FERRELL: Okay.

7 THE COURT: Do you have anything else

8 that you would like to add to your motion before we

9 conclude the argument today?

10 MR. FERRELL: No, ma'am.

11 THE COURT: Okay. Counsel, I'm going

12 to thank you both very much for all of your materials

13 and for the work that you've done in doing all of the

14 written supplemental and submissions that have been

15 done. I need to read a few more things before I make

16 a final decision, so I'm not prepared to give you an

17 oral ruling this afternoon. But I will be issuing a

18 written decision in the near future. If the motion to

19 dismiss is granted, there will be information about

20 how to appeal that. If the motion to dismiss is not

21 granted, there will be an inclusion of a new

22 conference date for setting litigation, and I will be

23 talking to you both again.

24 So, with that, on behalf of the FAA,

25 Mr. Johnson, is there anything else that you would
Mississippi Air Express, LLC June 17, 2015 VR # 2182-2 Page 23

1 like to add to the record or any question you would

2 need to ask?

3 MR. JOHNSON: No, Your Honor. I would

4 like to have or state for the record, you should be

5 receiving a substitution of counsel pretty soon. I

6 thought that our manager had already sent one. I'm

7 actually leaving the Agency, and this is my last week

8 with the Agency.

9 THE COURT: Oh.

10 MR. JOHNSON: So, yes, I'm switching

11 jobs. So, I'm assuming the substitution of counsel

12 should be sent to your office very soon.

13 THE COURT: One would hope that you're

14 signing off on it.

15 MR. JOHNSON: Yes, well, I signed a

16 couple of them, and I thought that one was, I thought

17 it was already sent to your office, so I'm going to

18 check with our admin.

19 THE COURT: Yes, I think you should,

20 because we have not received anything. And let me ask

21 you this, Mr. Johnson, if you would be willing, what

22 are you planning to do?

23 MR. JOHNSON: Oh, sure. I'm going, I'm

24 moving to DC, and I'm going to be working for the

25 Department of Commerce, assistant general counsel of
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1 economic affairs.

2 THE COURT: Oh, my heavens. This is a

3 very big move for you.

4 MR. JOHNSON: Yes, I'm actually very

5 excited. Long story short, I moved from DC to Atlanta

6 to work with the FAA, and it just so happened that

7 this opportunity presented itself, and I think it's a

8 great opportunity, so I decided I had to take it.

9 THE COURT: Yes. Well, are you coming

10 back into the bosom of an extended family so that you

11 have a place to stay and friends to take up where you

12 left off, or is this going to be a very new experience

13 for you?

14 MR. JOHNSON: I have, I'm picking, kind

15 of picking back up where I left off. I actually still

16 have my condo where, because I'm, I've only been in

17 Atlanta for two years. I still have my condo there,

18 and actually I went to law school in Virginia. I went

19 to Washington and Lee, so a lot of my friends and

20 cohort members are in the DC area.

21 THE COURT: Well, I wish you all the

22 very best, and perhaps I will see you sometime at a

23 Bar Association function.

24 MR. JOHNSON: Thank you, Your Honor.

25 THE COURT: You're welcome.
Mississippi Air Express, LLC June 17, 2015 VR # 2182-2 Page 25

1 Mr. Ferrell, on behalf of your client,

2 is there anything else you would like to add or

3 correct or any comment you would like to make before

4 we close today?

5 MR. FERRELL: No, ma'am, I just wish

6 Mr. Johnson good luck.

7 THE COURT: That's ...

8 MR. FERRELL: Sounds like a great

9 opportunity.

10 THE COURT: Yes, it's very ...

11 MR. JOHNSON: Thank you.

12 THE COURT: ... expensive, expensive,

13 Mr. Johnson, it's an expensive area to live in. You

14 know that already.

15 MR. FERRELL: My son just, my son is an

16 attorney with the Department of Navy, and he just

17 bought a house in DC, and he went for months trying to

18 buy a house, and he'd put in an offer, and over and

19 above what people asked for it, and on one occasion he

20 put in an offer $15,000 over the asking price, and the

21 house sold for $80,000 over the asking price. So, he

22 has been, his eyes have really been opened out there,

23 the cost of living there, so.

24 THE COURT: It is an amazing experience

25 to look for housing in this area, so I, has he found a
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1 place, Mr. Ferrell?

2 MR. FERRELL: He did finally, he found

3 a house that was built in 1920 in the northwest

4 section, so he's, and it's been reworked, so he's

5 excited and moving in next week, and I asked him if I

6 could come help, and he said he was just getting

7 movers to do it. So, he's looking forward to doing

8 all that and getting reestablished. But it isn't

9 cheap, I know that.

10 THE COURT: No. Well, Mr. Ferrell, if

11 you come up to visit sometime, maybe I will see you as

12 well at some type of Bar Association function.

13 MR. FERRELL: Well, I'm sure we will.

14 I'm vice-president of the International, National,

15 what is it, it's the International Safety Board Bar

16 Association, so I'm often up there, and I'm sure you

17 make some of those meetings. But I'm sure we'll get a

18 chance to meet and look forward to it.

19 THE COURT: Okay. Well, then, thank

20 you both very much for your presence today. I will be

21 issuing this order as soon as possible. With that, we

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

23 Thank you.

24 MR. FERRELL: You, too.

25 MR. JOHNSON: Thank you.
Mississippi Air Express, LLC June 17, 2015 VR # 2182-2 Page 27

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Mississippi Air Express, LLC June 17, 2015 VR # 2182-2 Page 28

1 STIPULATION

2

3 The foregoing matter was taken on the date, and at

4 the time and place set out on the title page hereof.

5

6 It was requested that the matter be taken by the

7 reporter and that the same be reduced to typewritten

8 form.

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CERTIFICATE OF REPORTER AND SECURE ENCRYPTED

 I, Andrea F. Mikus, do hereby certify that the

 foregoing matter was reported by stenographic and/or 

 mechanical means, that same was reduced to written form,

 that the transcript prepared by me or under my direction, 

 is a true and accurate record of same to the best of my 

 This transcript and certificate have been digitally

 the action filed or its outcome.

 knowledge and ability; that there is no relation nor 

 parties hereto, nor financial or otherwise interest in

 employment by any attorney or counsel employed by the

Court Reporter

SIGNATURE AND DELIVERY OF CERTIFIED TRANSCRIPT

 signed and securely delivered through our encryption

 server.

 IN WITNESS HEREOF, I have here unto set my hand 

 this day of , .

Andrea F. Mikus

24th June 2015
Mississippi Air Express, LLC June 17, 2015 VR # 2182-2 Page 30

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$15,000 25:20

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Mississippi Air Express, LLC June 17, 2015 VR # 2182-2 Page 31

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Mississippi Air Express, LLC June 17, 2015 VR # 2182-2 Page 32

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Mississippi Air Express, LLC June 17, 2015 VR # 2182-2 Page 33

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15:20 16:7
Mississippi Air Express, LLC June 17, 2015 VR # 2182-2 Page 34

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Mississippi Air Express, LLC June 17, 2015 VR # 2182-2 Page 36

Mikus 5:12

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5:9 6:4 6:9

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22:6

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people 25:19

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period 10:1

11:13 12:11
Mississippi Air Express, LLC June 17, 2015 VR # 2182-2 Page 37

13:16 14:21

15:15 16:17

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19:18

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position 8:17

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previously

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proceedings

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proffer 9:21

proper 9:13

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11:11 11:16

15:18 16:23

16:24

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reason

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receive 15:15

received

23:20

receiving

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record 5:17

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14:5

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reference 8:2

regarding

14:21 20:12

20:17 21:14

21:18

regulation

8:2

regulations

10:9 10:12

relevant 14:6

relief 20:10

remember

13:13 15:1

repeated 7:24
Mississippi Air Express, LLC June 17, 2015 VR # 2182-2 Page 38

reply 7:7

22:5

Reporter 5:13

5:25 6:1

Reporters

5:12

represented

6:7 6:9

request 17:25

18:4

requested

12:14

required 10:9

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research

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respond

9:18 14:2

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responded

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respondent

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9:23 10:9

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12:7

12:17 13:17

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respondent's

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10:11 10:13

12:14 13:23

response

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21:13

result 6:23

reviewed

14:19 14:19

reworked 26:4

rule 15:8

15:11

rules 18:5

ruling 22:17

S

Safety 26:15

sake 12:6

salient 18:19

saw 17:7

scheduled

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school 24:18

second 6:25

section

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8:25 26:4

sections

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seemed 13:5

sense 9:4

sent 23:6

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separation

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serve 18:1

setting

6:25 22:22

several 19:8

short 24:5

shown 21:23

signed 23:15

signing 23:14

simply 7:21

10:24

sir 13:1

sitting 6:11

slightly 13:5

slower 9:10

Smith 6:12

sold 25:21

somebody

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sometime

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son 25:15

25:15

sorry 8:25

9:6 9:7 9:8

12:25 21:6

Sounds 25:8

speak 9:9

specific

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specifically

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spelled 17:2

Spencer 6:13

spend 18:14

Spirit 16:25

staff 7:16

7:23

start 8:7

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started 8:15

state 20:9

23:4

stated

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statute 14:21

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stay 24:11

stop 9:9 17:9

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story 24:5

student 6:13

submissions

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submit 15:24

subsection

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subsequent

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subsequently

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substitution

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sufficient

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13:7

sufficiently

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Sullivan 5:5

summary 21:9

supplemental
Mississippi Air Express, LLC June 17, 2015 VR # 2182-2 Page 39

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support 19:15

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switching

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talk 9:24

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talked 8:9

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talking 22:23

Teleconferenc

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telephone 6:7

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thank 8:5 8:6

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there's

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they're

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thousand

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timely 12:7

today 5:19

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today's 6:23

trial 19:1

triggered

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trying 25:17

turn 8:16

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two-year

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type 26:12

typical 18:22

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umbrella

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unclear 11:14

undergo 21:1

understand

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understanding

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untimeliness

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upon 20:10

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vicepresident

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violated

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violation

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violations

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Virginia

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visit 26:11

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Washington

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wasn't 19:23

watch 10:25

Wayne 6:10

Wednesday 5:2

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week 23:7

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welcome

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we'll 6:16

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We're 6:3

we've 20:19

WHEREUPON

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whether

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whole 18:24

Williams 6:13

willing 23:21

window

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wish 24:21

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witnesses

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work 22:13

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working 23:24

written 20:12

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wrong 11:2

Y

you'll 11:2

you've 5:15

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