UNITED STATES OF AMERICA

 DEPARTMENT OF TRANSPORTATION

 OFFICE OF HEARINGS

IN THE MATTER OF:

COMPASS SYSTEMS & SALES, INC.

RESPONDENT. DOCKET NO. FAA-2015-2440

____________________________________________________

 TELECONFERENCE HEARING BEFORE

 THE HONORABLE J.E. SULLIVAN

 WEDENESDAY, NOVEMBER 4, 2015

 1:33 P.M.

 HISTORIC JORDAN SPRINGS

 1160 JORDAN SPRINGS ROAD

 STEPHENSON, VIRGINIA 22656
FAA vs Compass Hearing November 14, 2015 VR # 2956-1 Page 2

1 APPEARANCES

2 ON BEHALF OF THE FEDERAL AVIATION ADMINISTRATION:

3 BRIAN K. KHAN, ESQUIRE

4 OFFICE OF THE REGIONAL COUNSEL, AGL-7

5 2300 EAST DEVON AVENUE

6 DES PLAINES, ILLINOIS 60018

7 TELEPHONE: 847.294.7109

8 FACSIMILE: 847.294.7498

9 E-MAIL: BRIAN.K.KHAN@FAA.GOV

10

11

12

13 ON BEHALF OF THE RESPONDENT,

14 COMPASS SYSTEMS & SALES, INC:

15 LOUIS ALEXANDER, ESQUIRE

16 ROTH BLAIR ROBERTS STRASFELD & LODGE

17 100 EAST FEDERAL STREET, SUITE 600

18 YOUNGSTOWN, OHIO 44503

19 TELEPHONE: 330-744.5211

20 FACSIMILE: 330.744.3184

21 E-MAIL: LALEXANDER@ROTHBLAIR.COM

22

23

24

25
FAA vs Compass Hearing November 14, 2015 VR # 2956-1 Page 3

1 HEARING

2 WEDNESDAY, NOVEMBER 11, 2015

3 1:33 P.M.

4 THE COURT: Okay. We're on the record in the

5 matter of Compass Systems and Sales, Inc. This is

6 docket number FAA-2015-2440. Today is Wednesday,

7 November 4, 2015 and the parties have convened for a

8 Rule-16 litigation scheduling conference. The Federal

9 Aviation Administration which I'll here and after

10 refer to by its initials, the FAA, is represented by

11 its attorney of record, Mr. Brian K. Khan. The

12 respondent, Compass System and Sales, Inc., is

13 represented by its attorney of record, Mr. Stuart A.

14 Strasfeld. He is not present today but sitting in for

15 him is a fellow attorney with that law firm, Mr. Louis

16 Alexander.

17 Welcome to you both. I'm going to briefly

18 just talk about the record so far and then I have some

19 questions that hopefully you'll be able to answer

20 today. I'll note that essentially an August 13, 2015

21 order set in a Rule-16 litigation scheduling

22 conference in directing the parties to confer and file

23 a Rule-26F proposed discovery plan was filed and made

24 part of the record on the date of service, August 13,

25 2015. Subsequently on August 29, 2015, the parties
FAA vs Compass Hearing November 14, 2015 VR # 2956-1 Page 4

1 timely filed a proposed discovery plan, which I have

2 in front of me today. This case, if I recall, let me

3 see, assigned on August 5, 2015 and the parties have

4 asserted among other things in their proposed

5 discovery plan that they would be potentially ready

6 for a hearing after May 20, 2015.

7 So what I'm going to do is I'm going to ask

8 a couple of questions to you both and then we'll talk

9 a little bit about the case itself to give the Court

10 an idea about what the real issues and dispute are.

11 I'll start with you, Mr. Khan. According to the

12 complaint that was filed with the Office of Hearings

13 on July 28, 2015, there's a proposed civil penalty

14 being requested by the FAA of $58,350 and I wanted to

15 make sure that I knew approximately how many

16 violations that you're alleging occurred from this

17 potential hazmat-shipping allegation. Are you

18 alleging seven separate violations or some other type

19 of a combination of violations based on the

20 allegations in the complaint?

21 MR. KHAN: Your Honor, we're actually

22 alleging five. A shipping paper violation, a labeling

23 violation, a marking violation, a training violation

24 and an emergency response violation.

25 THE COURT: Let me take some notes. So
FAA vs Compass Hearing November 14, 2015 VR # 2956-1 Page 5

1 shipping violation, a labeling violation, a training

2 violation and then what were the other two please?

3 MR. KHAN: Marking violation and an emergency

4 response violation.

5 THE COURT: Okay. So of the seven regulation

6 that you have identified in your complaint, which of

7 them are coupled together.

8 MR. KHAN: So 171.2 is kind of a catchall

9 general reg.

10 THE COURT: Okay.

11 MR. KHAN: It doesn't necessarily have a

12 dollar amount attached to it. So that kind of

13 encompasses all of them and the 200 and 204 are both

14 shipping paper related.

15 THE COURT: Okay. So that, those two

16 comprise one violation?

17 MR. KHAN: Correct.

18 THE COURT: Okay. That's helpful. And then

19 in terms of how you're looking at the five violations,

20 just so that I have a general idea, are you assigning

21 different amounts of money to each violation or the

22 same amount of money?

23 MR. KHAN: Your Honor, the same amount,

24 $11,670 per violation.

25 THE COURT: Okay. Thank you. That's very
FAA vs Compass Hearing November 14, 2015 VR # 2956-1 Page 6

1 helpful. Mr. Alexander, let me turn to you next. I

2 was looking at the answers that your client has filed

3 and I wanted to ask you a little bit about what these

4 answers comprise. There appears to be from what I can

5 see, a potential assertion that your client did not

6 knowingly ship hazardous materials and that if it did

7 ship or attempt to ship hazardous materials it took

8 swift and direct action to try and retract that

9 shipment before it ever got on the airplane.

10 MR. ALEXANDER: That's correct, Your Honor.

11 It was an inadvertent act. It was not done knowingly

12 and that as soon as the error was discovered that

13 immediate action was taken. Being that it was

14 difficult to carry out that immediate action because

15 there was no cooperation from UPS personnel to act on

16 the emergency, but I think you summarized it well that

17 there was an inadvertent act followed by a prompt

18 response to correct the error.

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

20 couple of the defenses, just in general, because I

21 want to make sure that we address things as

22 expeditiously and cost efficiently as possible, short

23 of everybody traveling and spending a lot of time in

24 the courtroom. In the affirmative defenses you

25 indicate on page, I've got to paginate your answer for
FAA vs Compass Hearing November 14, 2015 VR # 2956-1 Page 7

1 just a moment. Okay, you have a six-page answer so

2 I'm going to look at page four of the six-page answer

3 starting with the affirmative defenses. And as a

4 first offense, you indicate the catchall failure to

5 state a claim or cause of action and I'll just leave

6 that rest. The second defense indicates affirmative

7 defenses of laches, waiver, ratification and/or

8 estoppel. And I understand people will often make

9 those affirmative defenses immediately to allow for

10 the opportunity for research and review. My question

11 to you is are you and your client still planning to

12 raise laches and/or estoppel as an affirmative offense

13 and if so, wouldn't that be best addressed in a pre14 hearing motion?

15 MR. ALEXANDER: Your Honor, I wouldn't want

16 to waive it at the moment only because I don't have

17 the information before me as far as what their

18 timeframe should have been for raising it. I

19 understand that what you're saying is that you'd like

20 to see this disposed before trial. If it please the

21 Court I can have this addressed in advance one way or

22 the other, if we are going to sit on this defense then

23 we'll prepare a motion to address the issue ahead of

24 time. If not, then I suppose it would be best for us

25 to affirmatively waive it. Is that appropriate?
FAA vs Compass Hearing November 14, 2015 VR # 2956-1 Page 8

1 THE COURT: Well, I think it would be helpful

2 to your clients, quite frankly, because if in fact

3 laches is applicable in this particular case, and I

4 didn't see anything in particular that led me to

5 believe that, but you may know things that I don't.

6 MR. ALEXANDER: Well, Your Honor ...

7 THE COURT: I'm just going to finish. Then

8 it's something that you'd want to raise soon because

9 then if laches does apply and the case has to be

10 kicked out, you haven't spent a lot of money and time

11 addressing other matters.

12 MR. ALEXANDER: Yes, Your Honor.

13 THE COURT: In addition, if estoppel is

14 applicable then sooner rather than later in my opinion

15 for the same reason and I raise that in particular

16 because I think estoppel is a very difficult defense

17 to prove in these particular types of cases because of

18 the burden on the moving party to present such

19 distinguished evidence to show affirmative misconduct

20 by the government. But if you have that kind of

21 information, I think preferable to raise it as soon as

22 possible so that we can all address that and then if

23 it turns out to be a successful defense, your client

24 can go home and look at other things that are on his

25 or her table. So I'm just going to put that in the
FAA vs Compass Hearing November 14, 2015 VR # 2956-1 Page 9

1 back of your hat for the moment, if I may, while we

2 talk about some of these other things.

3 MR. ALEXANDER: Thank you, Your Honor.

4 THE COURT: In terms of the third, fourth,

5 fifth and sixth defense, it appears to me and I could

6 be wrong and you may correct me, but these may in fact

7 be going toward potential mitigation defenses to the

8 proposed penalty as opposed to primary defenses

9 against the possible violation. Is that correct or am

10 I misreading your answers?

11 MR. ALEXANDER: Well, Your Honor, with

12 respect to number four, it speaks directly to the

13 knowledge component in the statute I would think that

14 that one more or less stands out on its own. That

15 addresses the violation itself that Compass did not

16 act knowingly.

17 THE COURT: Okay. So the court defense in

18 particular is raised against the violation itself?

19 MR. ALEXANDER: Yes.

20 THE COURT: Okay.

21 MR. ALEXANDER: Now, and I believe that a

22 violation was brought for failure to take emergency

23 response and I believe that number five regarding

24 immediate action to correct also touches on one of the

25 violations.
FAA vs Compass Hearing November 14, 2015 VR # 2956-1 Page 10

1 THE COURT: Okay. Thank you.

2 MR. KHAN: Your Honor, just to jump in here.

3 I don't believe that we're alleging that they didn't

4 take emergency response. Emergency response part is

5 failing to include an emergency response phone number

6 on the shipping, like out on a shipping paper in case

7 of an emergency during the transit of the shipment.

8 And just for clarification too, when we say knowingly,

9 it's not synonymous with intentionally. It's from 49

10 U.S. C5123A1B, a reasonable person acting in the

11 circumstances and exercising reasonable care would

12 have that knowledge of the shipment.

13 THE COURT: So Mr. Khan, same with you. As

14 you talk about the knowing element, you're saying, as

15 you understand the statute, the regulation, that it

16 doesn't require proof of individual knowledge it

17 simply requires proof that a reasonable person should

18 have known?

19 MR. KHAN: Yes, there's two prongs, a person

20 has actual knowledge of the facts giving rise to the

21 violation or a reasonable person acting in the

22 circumstances and exercising reasonable care would

23 have that knowledge. And that's basically what the

24 knowing aspect is.

25 THE COURT: Okay. Thank you. That's
FAA vs Compass Hearing November 14, 2015 VR # 2956-1 Page 11

1 helpful. Okay, seventh defense. In terms of getting

2 back to the respondent's answer. Respondent reserves

3 the right to raise additional defenses as discovery in

4 this matter proceeds and I agree with respondents

5 regarding that. So let's talk a little bit about the

6 time period that the parties are anticipating and the

7 amount of discovery and I'm going to turn back to Mr.

8 Khan just to get a sense of the actual hearing if it

9 goes to hearing. Mr. Khan, let's assume that you've

10 done all your discovery and despite everyone's best

11 efforts all the issues that are in the complaint are

12 still on the table. If that were the case, how much

13 time do you think it would take for your client to

14 present its prima facie case?

15 MR. KHAN: Are we talking about after the

16 close of discovery?

17 THE COURT: Correct. This is just assuming

18 that you've done all the discovery that you need.

19 You've down all your settlement discussions and for

20 whatever reason the parties have not been able to hold

21 hands across the table on any matter and so everything

22 is still up for litigation.

23 MR. KHAN: Okay. I would say thirty to

24 forty-five days.

25 THE COURT: So you would take a month to try
FAA vs Compass Hearing November 14, 2015 VR # 2956-1 Page 12

1 your case?

2 MR. KHAN: Oh, I'm sorry. I thought you

3 meant when would I ideally feel comfortable having a

4 hearing after discovery.

5 THE COURT: No, let me try and ask you the

6 question again.

7 MR. KHAN: Okay.

8 THE COURT: And I apologize if it wasn't

9 clear. Let's assume that you and your client have

10 done all the discovery that you need. Let's also

11 assume that despite having done all that discovery and

12 despite having engaged in settlement discussions with

13 your friend across the aisle, you have not been able

14 in any way to narrow the issues or to stipulate to any

15 matter. As a result just assume that all the issues

16 on the table presented by your complaint need to be

17 litigated. If you make that assumption that nothing

18 has been resolved and no matters have been stipulated

19 to, how much time would it take your client to present

20 its prima facie case?

21 MR. KHAN: Okay. I understand, Your Honor.

22 One day maximum.

23 THE COURT: Okay. How many fact witnesses,

24 just as a best guess estimate, would you be calling?

25 MR. KHAN: At that time the only person I
FAA vs Compass Hearing November 14, 2015 VR # 2956-1 Page 13

1 think would have information relevant to the proving

2 of the prima facie case would be the inspector, so

3 one.

4 THE COURT: And I presume the inspector has

5 some expert knowledge, some expertise.

6 MR. KHAN: Yes, Your Honor. He's probably

7 been with the FAA for around twenty-plus years.

8 THE COURT: So your fact witness would also

9 be serving as one expert witness?

10 MR. KHAN: Yes, Your Honor.

11 THE COURT: Okay. Based on what you know,

12 assuming, you know you've done all your discovery and

13 it's about the same as what you know today, is there

14 potential for you on behalf of your client to move for

15 any type of partial or full summary judgement prior to

16 a hearing convening?

17 MR. KHAN: I would say so, Your Honor. I

18 think the actual disputes from when before we filed

19 the complaints seems to come down to the penalty. You

20 know I think our facts and evidence can actually show

21 that the violation occurred. I think it mostly just

22 comes down to the actual penalty and whether or not

23 it's fair in their opinion. For the violation.

24 THE COURT: Okay. That's helpful. Thank

25 you. Turning to you, Mr. Alexander. I'm going to ask
FAA vs Compass Hearing November 14, 2015 VR # 2956-1 Page 14

1 you the same kinds of questions starting with the

2 amount of time it would need, your client would need

3 for trial assuming that nothing is settled between now

4 and the trial date.

5 MR. ALEXANDER: I would agree with the one6 day, Your Honor. I don't think it would take any

7 longer than that for us to put on our evidence in our

8 case.

9 THE COURT: Okay. So we're talking about two

10 days total?

11 MR. ALEXANDER: Maximum, yes. One each I

12 would say at most.

13 THE COURT: Okay. Thank you. And then how

14 many fact witnesses would you estimate that you might

15 need to call and also answer that for potential expert

16 witnesses?

17 MR. ALEXANDER: Well, Your Honor, I don't

18 know how many individuals are involved in the packing

19 procedure or would have been involved that day for my

20 client. I'd have to verify. I would have to think

21 somewhere between, and forgive me, one to four, I

22 would guess.

23 THE COURT: Okay.

24 MR. ALEXANDER: I'm giving a rough estimate.

25 THE COURT: Sure.
FAA vs Compass Hearing November 14, 2015 VR # 2956-1 Page 15

1 MR. ALEXANDER: But I would say between one

2 and four.

3 THE COURT: And then what about any

4 particular experts? Do you anticipate calling any

5 experts?

6 MR. ALEXANDER: At the moment we do not, Your

7 Honor.

8 THE COURT: Okay. And then what about the

9 potential for any kind of motions for summary

10 judgement from your client?

11 MR. ALEXANDER: Well, I think given the

12 interpretation of, I guess that's more of a legal

13 issue, the interpretation of the knowledge qualifier.

14 I don't believe we would be doing a summary judgement

15 at the moment.

16 THE COURT: Okay. And then we still need to

17 talk about the laches and estoppel issue, I think.

18 Okay. All right. That's very helpful. In terms of

19 discovery, Mr. Khan, turning back to you. What kinds

20 of discovery are you anticipating your client might

21 need? Are you looking at a particular set of

22 depositions? Some interrogatories, request for

23 admission, what kinds of discovery packages are you

24 looking to provide to your friend across the aisle?

25 MR. KHAN: I would expect mostly
FAA vs Compass Hearing November 14, 2015 VR # 2956-1 Page 16

1 interrogatories, basic interrogatories, requests to

2 admit maybe, or request to produce some documents.

3 But in terms of, I mean the enforcement investigative

4 report that we have on this case seems to have, I

5 would say, almost all the information we need.

6 THE COURT: Okay.

7 MR. KHAN: So probably fairly limited form

8 our perspective. Maybe just some information to make

9 sure we have all our bases covered.

10 THE COURT: Okay. Mr. Alexander, same

11 question to you, sir.

12 MR. ALEXANDER: I would think similarly.

13 Interrogatories and request for production of

14 documentation.

15 THE COURT: Okay. Mr. Khan, I have a

16 question for you. In terms of the exclamation that

17 you provided regarding the knowledge issue, do you

18 have some particular type of case law that you have

19 been utilizing to lend weight to that explanation or

20 is there a certain passage in the regulations that

21 you're quoting from? Can you give us a little more

22 information about that?

23 MR. KHAN: Sure. I know case law. I don't

24 have any specific citations in front of me but the

25 underlying regulatory code is 49 U.S.C. Section 5123.
FAA vs Compass Hearing November 14, 2015 VR # 2956-1 Page 17

1 That discusses the civil penalty and give us some

2 authority to charge for a civil penalty for these

3 types of violations and it specifically 5123 A1, which

4 I have two components, A and B. I don't want to limit

5 myself to just B, the reasonable person section of it.

6 So I'll just cite 49 5123 A1.

7 THE COURT: Okay but my question to you was

8 simply where do you find that language?

9 MR. KHAN: Oh, it's right in the U.S. Code

10 itself. I can read it to you or ...

11 THE COURT: No, I'm just looking for the

12 citation and so you're telling me that it's in 49

13 U.S.C. Section 5123 A1?

14 MR. KHAN: Correct.

15 THE COURT: Okay. Thank you very much. Now,

16 back up I need to look at my materials. Let's talk

17 about place of trial. I think we have a request from

18 the FAA for Cleveland, Ohio and from the respondent

19 Canton, Ohio and it's my understanding as I've looked

20 at the materials that were before me and some

21 geographic references that we have an international or

22 a fairly large airport in Cleveland and then a

23 regional airport in Canton. Mr. Alexander, why don't

24 I talk to you about that since you are working in

25 Ohio?
FAA vs Compass Hearing November 14, 2015 VR # 2956-1 Page 18

1 MR. ALEXANDER: Yes, Your Honor.

2 THE COURT: So is that correct that there is

3 a regional airport in Canton and a more larger airport

4 in Cleveland?

5 MR. ALEXANDER: Yes, Your Honor. I would

6 think Canton/Akron would be best described as more of

7 a regional hub or regional airport. Cleveland,

8 although it's more limited over the recent years is

9 clearly a larger airport than Canton/Akron.

10 THE COURT: Okay and you're in Youngstown,

11 Ohio?

12 MR. ALEXANDER: Yes, Your Honor. Compass

13 Systems and Sales, Inc. is situated in Barberton,

14 which is, I guess for a lack of a better word,

15 adjacent to or you know nearby Canton, Ohio. Its

16 nearest access to an airport is Canton. That's the

17 nearest big city. It seemed like an appropriate

18 request and would create the least amount of burden on

19 our client. That was why we proposed Canton.

20 THE COURT: And how far is Canton from

21 Cleveland?

22 MR. ALEXANDER: Approximately an hour,

23 perhaps less depending on which part of Cleveland we

24 would be suggesting. If it's the far west side it

25 would probably be more like an hour and fifteen to an
FAA vs Compass Hearing November 14, 2015 VR # 2956-1 Page 19

1 hour and thirty minutes. If it was further southeast

2 closer to Canton, it would be closer to an hour.

3 THE COURT: Okay and how far are you from

4 Canton and/or Cleveland?

5 MR. ALEXANDER: I'll just give you from

6 downtown Cleveland to downtown Youngstown is

7 approximately an hour and fifteen to an hour and

8 thirty minutes. And Canton is a shorter driver,

9 closer to an hour to an hour and fifteen minutes from

10 Youngstown to Canton.

11 THE COURT: Okay. So you're almost

12 equidistance from each place.

13 MR. ALEXANDER: For the sake of counsel, yes,

14 Your Honor. We're not much different.

15 THE COURT: Okay and then Mr. Khan, turning

16 to you. You're in Des Plaines, Illinois?

17 MR. KHAN: Correct, Your Honor.

18 THE COURT: And how far are you from either

19 Cleveland or Canton?

20 MR. KHAN: From Cleveland about an hour

21 flight. I don't know if they have service from here,

22 I assume, to Canton. I don't know what the airport

23 situation is like there. But if that's the case an

24 hour to each.

25 THE COURT: Okay. Thank you.
FAA vs Compass Hearing November 14, 2015 VR # 2956-1 Page 20

1 MR. KHAN: Just for the record too, the

2 inspector that I plan on calling, he's based out of

3 North Olmstead, which is a suburb of Cleveland.

4 THE COURT: Okay. If I understand it from my

5 brief search into U.S. District Court locations that

6 there are U.S. District Courts in both Cleveland and

7 in Canton. Is that correct, Mr. Alexander?

8 MR. ALEXANDER: Yes, Your Honor.

9 THE COURT: Okay. Okay. Well, why don't I

10 do this? Typically, Mr. Alexander, I schedule cases

11 in the location that has the larger airport abilities

12 just because of the difficulties to schedule cases and

13 travel at the same time. But what I will do is I will

14 set the matter in Cleveland with Canton as a backup.

15 MR. ALEXANDER: Okay.

16 THE COURT: Because we have varying degrees

17 of success as visiting judges at the U.S. District

18 Courthouses. So sometimes the more populous areas

19 actually are the more difficult to get courtroom

20 access and so I always have a backup or even two

21 depending on how big the metropolitan area might be.

22 So that if we're having trouble getting into the

23 Courthouse in the major metropolitan area we have a

24 way to default into perhaps a less metropolitan

25 backup. So I'll note that in the procedural order
FAA vs Compass Hearing November 14, 2015 VR # 2956-1 Page 21

1 that we'll start with Canton but then we'll go to, I'm

2 sorry, we'll start with Cleveland but then we'll go to

3 Canton as a potential backup. If Cleveland proves

4 difficult to find a courtroom space. And I'll ask

5 your client to make that trip with you or in separate

6 cars simply because we need to have everybody stretch

7 a little bit in terms of being available for the most

8 central location.

9 Let's talk then about time periods.

10 Currently, as you may or may not know, we are

11 experiencing a bit of a challenge in the office

12 because one of the judge's in our office is gone. So

13 we have a judicial vacancy and that means that I'm

14 covering that calendar while he is gone and while

15 we're waiting to get his replacement. So we may not

16 be looking at as early a trial date as you would like.

17 And I'm going to be looking at my calendar to see what

18 I've got. I need to take a few minutes quietly to

19 look at my calendar if you'd be so kind as to indulge

20 me. And I have to consider your dispositive motions

21 too. Okay. I'm looking through a couple different

22 months to see what might work. So if you'll bear with

23 me.

24 (WHEREUPON, the Judge reviewed the calendar.)

25 THE COURT: What about the week of August 1,
FAA vs Compass Hearing November 14, 2015 VR # 2956-1 Page 22

1 2016? Mr. Khan, do you have the week available on

2 your calendar?

3 MR. KHAN: First week, I should. Yes, Your

4 Honor.

5 THE COURT: Mr. Alexander, how about for you?

6 MR. ALEXANDER: Your Honor, without having

7 the benefit of seeing Mr. Strasfeld's calendar in

8 front of me, I would think that given how far out it's

9 set, it should be fine.

10 THE COURT: Okay. Let's try for that and

11 we'll set the trial for August 2 and August 3, which

12 is a Tuesday and Wednesday, unless either of you would

13 prefer to start on Wednesday and end on Thursday. Mr.

14 Khan, any preference?

15 MR. KHAN: No preference, Your Honor.

16 THE COURT: Mr. Alexander?

17 MR. ALEXANDER: No preference, Your Honor.

18 THE COURT: Then let's try for August 2 and

19 August 3 with August 1 and August 4 being travel days.

20 That being the case, we can then look at dispositive

21 motions and so I'm going to take a look at my calendar

22 real quick about that. And again I'm going to have to

23 think quietly to myself for a minute.

24 (WHEREUPON, the Judge examined the calendar.)

25 THE COURT: Okay, if we did dispositive
FAA vs Compass Hearing November 14, 2015 VR # 2956-1 Page 23

1 motions I could schedule a telephone conference on

2 dispositive motions the week of May 30, which is

3 Memorial Day week, but I could set it out in the

4 latter part of the week, say like the second or the

5 third, which is a Thursday or Friday. I could also

6 set it in the following week, which is the week of

7 June 5. Mr. Khan, do you have a preference?

8 MR. KHAN: Maybe just to be on the safe side

9 the first week in June.

10 THE COURT: Okay.

11 MR. KHAN: The June 5.

12 THE COURT: The week of June 5?

13 MR. KHAN: Correct, Your Honor.

14 THE COURT: Okay. Mr. Alexander, would that

15 work for you as well?

16 MR. ALEXANDER: That's fine, Your Honor.

17 THE COURT: Okay. Do either of you have a

18 preference for a morning telephone conference or an

19 afternoon?

20 MR. KHAN: I have no preference, Your Honor.

21 THE COURT: Mr. Alexander?

22 MR. ALEXANDER: No, Your Honor.

23 THE COURT: Okay. Are you both an hour

24 behind Eastern Time? It's almost ten after two for me

25 right now.
FAA vs Compass Hearing November 14, 2015 VR # 2956-1 Page 24

1 MR. KHAN: I'm in the Central Time zone, Your

2 Honor.

3 THE COURT: Okay. So does that mean that

4 you're one-hour behind?

5 MR. KHAN: Oh, yeah, I'm an hour behind.

6 THE COURT: Okay. And Mr. Alexander, is that

7 true for you too?

8 MR. ALEXANDER: Your Honor, I'm in the

9 Eastern Time zone. Likewise it's almost ten after two

10 here.

11 THE COURT: Okay. Okay. Well, why don't we

12 do this? Why don't we schedule this for June 8, 2016

13 at 10:30 A.M. to run until noon? That's ninety

14 minutes and then Mr. Khan, you would be starting with

15 us at 9:30 your time.

16 MR. KHAN: Okay, Your Honor.

17 THE COURT: Okay and then let's set the

18 dispositive motion schedule like this unless someone

19 has a problem. Motion filed on or before April 22,

20 2016, response filed on or before May 6, 2016, and

21 reply, if any, filed on or before May 20, 2016. If

22 you'd both take a look at your calendars really

23 quickly and let me know if that works or if it

24 doesn't, what would work better, that would be great.

25 And then I'll wait for Mr. Khan to start first.
FAA vs Compass Hearing November 14, 2015 VR # 2956-1 Page 25

1 MR. KHAN: That works for me, Your Honor.

2 THE COURT: Mr. Alexander, how about for you?

3 MR. ALEXANDER: Your Honor, that should be

4 fine.

5 THE COURT: Okay. Then let's plan on that.

6 In terms of your proposed discovery plan, I'm going to

7 go back to that. On page one you've indicated that

8 you plan or would like to exchange initial disclosures

9 on or before November 20, 2015, which is about two

10 weeks from today's date and I'm happy to accept that.

11 When do you want to start general discovery? Do you

12 want to start that immediately? I mean, you can start

13 it earlier but I usually like to have the initial

14 disclosure exchanged first and then start a date for

15 the general discovery to begin and in this particular

16 case it would make sense to have it start on the 23rd

17 of November unless you give me a different date. Mr.

18 Khan?

19 MR. KHAN: The 23rd would be a good start

20 date for me, Your Honor.

21 THE COURT: Okay. Mr. Alexander?

22 MR. ALEXANDER: Yes, Your Honor, that's fine.

23 THE COURT: Okay. Then in terms of

24 exchanging the expert disclosures, Mr. Strasfeld, I'm

25 sorry, not Strasfeld. Mr. Alexander, did you want to
FAA vs Compass Hearing November 14, 2015 VR # 2956-1 Page 26

1 have a contemporaneous exchange of expert disclosures

2 on December 11, 2015 or do you want to have your

3 expert disclosure delayed by a week or so?

4 MR. ALEXANDER: Your Honor, we'll accept the

5 delayed by a week.

6 THE COURT: Okay. Then why don't we have the

7 FAA file its expert disclosure by December 11 and then

8 we'll have the respondent filed by December 18? And

9 then I was going to ask you all, you've indicated that

10 rebuttal disclosures will be by the 30th of December.

11 I'm wondering if you think that it's going to actually

12 work with all the holidays. The reason I say that is

13 because my experience working around the holidays is

14 that everybody wants to take time off. Likely your

15 experts will too. Do you want to push that time

16 period out into early January or do you want to take

17 the chance that December 30 will work? Mr. Khan?

18 MR. KHAN: I see no problem in pushing it

19 into January, Your Honor.

20 THE COURT: Mr. Alexander, how about you?

21 MR. ALEXANDER: I agree, Your Honor.

22 THE COURT: Do you, Mr. Khan, starting with

23 you, do you have a particular date in January you'd

24 like to take a look at?

25 MR. KHAN: Get my calendar, is, let's see.
FAA vs Compass Hearing November 14, 2015 VR # 2956-1 Page 27

1 How about just January 15?

2 THE COURT: Mr. Alexander, is that

3 acceptable?

4 MR. ALEXANDER: It is, Your Honor.

5 THE COURT: Okay. So noted. And then you've

6 indicated all discoveries be completed by February 19

7 and we've got a little bit of time between February

8 and April, do you want to push that out a little bit

9 and it's up to you but it seems to me that you could

10 have the time if you wanted to use it. Mr. Khan?

11 MR. KHAN: I have no problem with that, Your

12 Honor. Do you want to push it maybe to March 16?

13 THE COURT: Mr. Alexander, would that work

14 for you?

15 MR. ALEXANDER: That's fine, Your Honor.

16 THE COURT: Okay. So we'll have discovery

17 cut-off March 16, 2016 instead of February 19, 2016

18 and we'll basically use the same date, March 16, 2016,

19 for the amendments to the pleadings, if any. And then

20 we've talked about the dispositive motions schedule

21 ending with a telephone motion conference on June 8,

22 2016 at 10:30 A.M. until noon. I'll simply note for

23 you if no dispositive motions are filed, we'll still

24 convene on that date and time. Just for a prehearing

25 status conference. In addition, let's talk about
FAA vs Compass Hearing November 14, 2015 VR # 2956-1 Page 28

1 witness exchange and exhibit lists. Mr. Khan, do you

2 have a preference for how much time you would like to

3 have those filed before the hearing date? Do you like

4 thirty days, forty-five days? What's your preference?

5 MR. KHAN: Thirty days should be sufficient,

6 Your Honor.

7 THE COURT: Mr. Alexander, same question to

8 you.

9 MR. ALEXANDER: Yes, Your Honor, I think

10 thirty days is fine.

11 THE COURT: Okay. So we're talking about

12 July, let's say July 8. A little bit tight but that

13 way you're not running up into the July 4 holiday.

14 Let me get my calendar correctly. We could either do

15 it July 1 or July 8. Is July 8 acceptable, Mr. Khan?

16 MR. KHAN: Yes, Your Honor.

17 THE COURT: Okay and Mr. Alexander?

18 MR. ALEXANDER: Yes, Your Honor.

19 THE COURT: Okay. Let's plan on that and

20 then let's take a look, I need to take a look at one

21 or two other things to make sure I'm not missing

22 anything. You had asked for a final settlement

23 conference. I generally don't participate in

24 settlement discussions, Counsel. If you would like to

25 have another prehearing status conference after June
FAA vs Compass Hearing November 14, 2015 VR # 2956-1 Page 29

1 8, 2016, I can set one up. I'm not sure that you

2 would need to have one but I'm happy to put it on the

3 calendar. Do you have a preference, Mr. Khan?

4 MR. KHAN: No preference, Your Honor.

5 THE COURT: Mr. Alexander?

6 MR. ALEXANDER: No, Your Honor. I guess I

7 would only suggest that since trial is set for early

8 August that it might make sense to set it sometime in

9 mid to late July.

10 THE COURT: Okay. Well, let's look at our

11 July calendars just very quickly. Why don't we try

12 for on or around July 20, 2016? Mr. Khan, looking at

13 your calendar do you have any blackout times during

14 that day?

15 MR. KHAN: I do not, Your Honor.

16 THE COURT: Mr. Alexander?

17 MR. ALEXANDER: No, that's fine for me too,

18 Your Honor.

19 THE COURT: Let's say July 20, 2016. Let's

20 keep with our timeframe of 10:30. This time it will

21 be 10:30 to 11:30 A.M. and it'll simply be a

22 prehearing status conference instead of a final

23 settlement conference because I don't feel comfortable

24 being both a settlement conference judge and a trial

25 judge. I don't want to be in a position where you're
FAA vs Compass Hearing November 14, 2015 VR # 2956-1 Page 30

1 telling me things that I don't need to know. But I'm

2 happy to check in with the parties on that date and

3 just discuss the status of the case.

4 Let's also talk, just very briefly, about

5 some other matters. I'll be sending out a litigation

6 scheduling order that talks about all of these

7 different dates so that you have a handy reference.

8 This particular order will also give you information

9 about how to move to for protection orders, how to

10 move to limit discovery if you need to, how to move to

11 compel discovery if that's a problem and so forth. It

12 will also talk about how to mark and tag your exhibits

13 that you file and bring to the hearing, the

14 examination process of the hearing, as well as how to

15 withdraw from a case if your client no longer wishes

16 to work with you for any reason. In addition on the

17 last page of the order, you'll see name of the

18 attorney who works with me and his phone number. If

19 you have any questions about the procedural order once

20 you get it, you're welcome to give him a call. In

21 addition, he's a good contact person and in the event

22 that you need to schedule a motion or a telephone

23 conference before me and you want my calendar

24 availability and he can help you with that so that you

25 can get in on my calendar very quickly. Having said
FAA vs Compass Hearing November 14, 2015 VR # 2956-1 Page 31

1 all of that in terms of the laches and estoppel issue,

2 Mr. Alexander, I think it's very, it would be very

3 helpful if you had a deadline of some sort to let us

4 know if you're going to pursue a laches motion and/or

5 a motion or release based on equitable estoppel. And

6 when do you think, based on your client's availability

7 and Mr. Strasfeld's availability that you could look

8 into that and either file motions or let us know that

9 those particular issues are no longer on the table?

10 MR. ALEXANDER: Well, Your Honor, I guess to

11 get it disposed of in advance, we have discovery

12 deadlines coming up in December and January, well, how

13 about sixty days, Your Honor?

14 THE COURT: Well, today is November 4, let's

15 say by January 29.

16 MR. ALEXANDER: Okay, Your Honor.

17 THE COURT: File those motions or, you know,

18 waive them. And then I have also, let's see if I can

19 find it. From the material on equitable estoppel. I

20 don't know how often you raise this defense but it's

21 something that I've addressed before in other cases.

22 Let's see if I can find it. And of course right now

23 for some reason I can't find it. If you folks could

24 give me a minute I'm going to see if I can find that

25 for you. I have a feeling as soon as I hang up I'll
FAA vs Compass Hearing November 14, 2015 VR # 2956-1 Page 32

1 find it. Not helpful to you at all. If you folks

2 give me just a quick minute, I think I'll be able to

3 find the reference to it. Do you have a moment to

4 wait?

5 MR. KHAN: Yes, Your Honor.

6 THE COURT: Okay. Okay. I'm going to give

7 you a case citation just so that you have it. This is

8 Federal Motor Carrier Safety Administration case but

9 it is on West Law and Lexus Nexus and it's called in

10 the matter of Northeast Freightways, Inc. The docket

11 number is FMCSA-2011-0204. It was ...

12 MR. ALEXANDER: I'm sorry, Your Honor, could

13 you repeat that?

14 THE COURT: Sure. It's docket number FMCSA15 2011-0204. It was served March 8, 2012 and it is West

16 Law 826474. And the reason I'm providing the

17 reference to you both is because there was an

18 affirmative defense of equitable estoppel raised by

19 the respondent in this case and so this particular

20 order which was an order granting partial summary

21 judgement talked about that particular defense raised

22 in that case and provides some case law citations. So

23 I'm not saying that it's dispositive in this case but

24 it certainly will give you an idea of what I've seen

25 in the past and a ruling that I've made based on that.
FAA vs Compass Hearing November 14, 2015 VR # 2956-1 Page 33

1 And it may be that you both can improve upon this

2 particular body of law substantially and educate me in

3 the process and I would look forward that that and I

4 hope that would be helpful to you. So ...

5 MR. ALEXANDER: Thank you.

6 THE COURT: You're welcome. So with that is

7 there anything else we need to address for your

8 client, Mr. Khan? I think we went through the entire

9 proposed discovery plan and addressed all those dates

10 as well as some others.

11 MR. KHAN: I think we went over everything,

12 Your Honor. Thank you.

13 THE COURT: Okay and Mr. Alexander, on behalf

14 of your client, any other things that we need to

15 address for you right now?

16 MR. ALEXANDER: No, Your Honor. I guess one

17 point of clarification, I know we mentioned during

18 types of discovery that I mentioned request, I'm

19 sorry, request for production and interrogatories. I

20 assume that does not bar my client from taking

21 depositions if they feel necessary?

22 THE COURT: No, not at all and in fact I

23 should mention that you do not need to file any of

24 your discovery requests with this Court. The only

25 time I need to see a discovery request is if it is a
FAA vs Compass Hearing November 14, 2015 VR # 2956-1 Page 34

1 subject of a motion. So you're welcome to play in the

2 field of discovery as much as you wish and engage in

3 what discovery you think is necessary for your

4 client's best interest.

5 MR. ALEXANDER: Thank you, Your Honor.

6 THE COURT: You're welcome. With that it

7 appears our business is complete. I'm going to thank

8 you both very much for your presence today and for

9 your good work in preparing the discovery plan. I

10 found it very helpful. I look forward to talking to

11 you in the early new year. If there is any kind of

12 stipulation or settlement between now and our next

13 conference please let me know and we'll take care of

14 you accordingly. With that we can go off the record

15 and I wish you all a good day. Thank you.

16 MR. KHAN: Thank you, Your Honor.

17 MR. ALEXANDER: Thank you, Your Honor. Thank

18 you.

19 (WHEREUPON, the Hearing was concluded at 2:27 P.M.)

20

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FAA vs Compass Hearing November 14, 2015 VR # 2956-1 Page 35

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.

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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

6th NOVEMBER 2015
FAA vs Compass Hearing November 14, 2015 VR # 2956-1 Page 37

$

$11,670 5:24

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FAA vs Compass Hearing November 14, 2015 VR # 2956-1 Page 39

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15:19 15:20

15:23 25:6

25:11 25:15

27:16 30:10

30:11 31:11

33:9 33:18

33:24 33:25

34:2 34:3

34:9

discuss 30:3

discusses

17:1

discussions

11:19 12:12

28:24

disposed 7:20

31:11

dispositive

21:20 22:20

22:25 23:2

24:18 27:20

27:23 32:23

dispute 4:10

disputes

13:18

distinguished

8:19

District 20:5

20:6 20:17

docket 3:6

32:10 32:14

documentation

16:14

documents

16:2

dollar 5:12

done 6:11

11:10 11:18

12:10 12:11

13:12

downtown 19:6

19:6

driver 19:8

during 10:7

29:13 33:17

E

earlier 25:13

early 21:16

26:16 29:7

34:11

Eastern 23:24

24:9

educate 33:2

efficiently

6:22

efforts 11:11

either 19:18

22:12 23:17

28:14 31:8

element 10:14

else 33:7

emergency

4:24 5:3

6:16 9:22

10:4 10:4

10:5 10:7

encompasses

5:13

enforcement

16:3

engage 34:2

engaged 12:12

entire 33:8

equidistance

19:12

equitable

31:5 31:19

32:18

error 6:12

6:18

essentially

3:20

estimate

12:24 14:14

14:24

estoppel 7:8

7:12 8:13

8:16 15:17

31:1 31:5

31:19 32:18

event 30:21

everybody

6:23 21:6

26:14

everyone's

11:10

everything

11:21 33:11

evidence 8:19

13:20 14:7

examination

30:14

examined

22:24

exchange 25:8

26:1 28:1

exchanged
FAA vs Compass Hearing November 14, 2015 VR # 2956-1 Page 42

25:14

exchanging

25:24

exclamation

16:16

exercising

10:11 10:22

exhibit 28:1

exhibits

30:12

expect 15:25

expeditiously

6:22

experience

26:13

experiencing

21:11

expert 13:5

13:9 14:15

25:24 26:1

26:3 26:7

expertise

13:5

experts 15:4

15:5 26:15

explanation

16:19

F

FAA 3:10 4:14

13:7 17:18

26:7

FAA-2015-2440

3:6

facie 11:14

12:20 13:2

fact 8:2 9:6

12:23 13:8

14:14 33:22

facts 10:20

13:20

failing 10:5

failure 7:4

9:22

fair 13:23

fairly 16:7

17:22

February 27:6

27:7 27:17

Federal 3:8

32:8

feel 12:3

29:23 33:21

feeling 31:25

fellow 3:15

field 34:2

fifteen 18:25

19:7 19:9

fifth 9:5

file 3:22

26:7 30:13

31:8 31:17

33:23

filed 3:23

4:1 4:12

6:2 13:18

24:19 24:20

24:21 26:8

27:23 28:3

final 28:22

29:22

fine 22:9

23:16 25:4

25:22 27:15

28:10 29:17

finish 8:7

firm 3:15

first 7:4

22:3 23:9

24:25 25:14

five 4:22

5:19 9:23

flight 19:21

FMCSA 32:14

FMCSA-2011-02

04 32:11

folks 31:23

32:1

forgive 14:21

form 16:7

forth 30:11

forty-five

11:24 28:4

forward 33:3

34:10

fourth 9:4

frankly 8:2

Freightways

32:10

Friday 23:5

friend 12:13

15:24

front 4:2

16:24 22:8

full 13:15

G

general 5:9

5:20 6:20

25:11 25:15

generally

28:23

geographic

17:21

getting 11:1

20:22

given 15:11

22:8

giving 10:20

14:24

gone 21:12

21:14

government

8:20

granting

32:20

great 24:24

guess 12:24

14:22 15:12

18:14 29:6

31:10 33:16

H

hands 11:21

handy 30:7

hang 31:25

happy 25:10

29:2 30:2

hat 9:1

haven't 8:10

having 12:3

12:11 12:12

20:22 22:6
FAA vs Compass Hearing November 14, 2015 VR # 2956-1 Page 43

30:25

hazardous 6:6

6:7

hazmatshipping

4:17

hearing 3:1

4:6 7:14

11:8 11:9

12:4 13:16

28:3 30:13

30:14 34:19

Hearings 4:12

help 30:24

helpful 5:18

6:1 8:1

11:1 13:24

15:18 31:3

32:1 33:4

34:10

he's 13:6

20:2 30:21

hold 11:20

holiday 28:13

holidays

26:12 26:13

home 8:24

Honor 4:21

5:23 6:10

7:15 8:6

8:12 9:3

9:11 10:2

12:21 13:6

13:10 13:17

14:6 14:17

15:7 18:1

18:5 18:12

19:14 19:17

20:8 22:4

22:6 22:15

22:17 23:13

23:16 23:20

23:22 24:2

24:8 24:16

25:1 25:3

25:20 25:22

26:4 26:19

26:21 27:4

27:12 27:15

28:6 28:9

28:16 28:18

29:4 29:6

29:15 29:18

31:10 31:13

31:16 32:5

32:12 33:12

33:16 34:5

34:16 34:17

hope 33:4

hopefully

3:19

hour 18:22

18:25 19:1

19:2 19:7

19:7 19:9

19:9 19:20

19:24 23:23

24:5

hub 18:7

I

I'd 14:20

idea 4:10

5:20 32:24

ideally 12:3

identified

5:6

I'll 3:9 3:20

4:11 7:5

17:6 19:5

20:25 21:4

24:25 27:22

30:5 31:25

32:2

Illinois

19:16

I'm 3:17 4:7

4:7 7:2 8:7

8:25 11:7

12:2 13:25

14:24 17:11

21:1 21:13

21:17 21:21

22:21 22:22

24:1 24:5

24:8 25:6

25:10 25:24

26:11 28:21

29:1 29:2

30:1 31:24

32:6 32:12

32:16 32:23

33:18 34:7

immediate

6:13 6:14

9:24

immediately

7:9 25:12

improve 33:1

inadvertent

6:11 6:17

Inc 3:5 3:12

18:13 32:10

include 10:5

indicate 6:25

7:4

indicated

25:7 26:9

27:6

indicates 7:6

individual

10:16

individuals

14:18

indulge 21:19

information

7:17 8:21

13:1 16:5

16:8 16:22

30:8

initial 25:8

25:13

initials 3:10

inspector

13:2 13:4

20:2

instead 27:17

29:22

intentionally

10:9

interest 34:4

international

17:21

interpretatio

n 15:12

15:13

interrogatori

es 15:22

16:1 16:1

16:13 33:19

investigative

16:3
FAA vs Compass Hearing November 14, 2015 VR # 2956-1 Page 44

involved

14:18 14:19

issue 7:23

15:13 15:17

16:17 31:1

issues 4:10

11:11 12:14

12:15 31:9

it'll 29:21

I've 6:25

17:19 21:18

31:21 32:24

32:25

J

January 26:16

26:19 26:23

27:1 31:12

31:15

judge 21:24

22:24 29:24

29:25

judgement

13:15 15:10

15:14 32:21

judges 20:17

judge's 21:12

judicial

21:13

July 4:13

28:12 28:12

28:13 28:15

28:15 28:15

29:9 29:11

29:12 29:19

jump 10:2

June 23:7

23:9 23:11

23:12 24:12

27:21 28:25

K

Khan 3:11

4:11 4:21

5:3 5:8

5:11 5:17

5:23 10:2

10:13 10:19

11:8 11:9

11:15 11:23

12:2 12:7

12:21 12:25

13:6 13:10

13:17 15:19

15:25 16:7

16:15 16:23

17:9 17:14

19:15 19:17

19:20 20:1

22:1 22:3

22:14 22:15

23:7 23:8

23:11 23:13

23:20 24:1

24:5 24:14

24:16 24:25

25:1 25:18

25:19 26:17

26:18 26:22

26:25 27:10

27:11 28:1

28:5 28:15

28:16 29:3

29:4 29:12

29:15 32:5

33:8 33:11

34:16

kicked 8:10

kinds 14:1

15:19 15:23

knew 4:15

knowingly 6:6

6:11 9:16

10:8

knowledge

9:13 10:12

10:16 10:20

10:23 13:5

15:13 16:17

known 10:18

L

labeling 4:22

5:1

laches 7:7

7:12 8:3

8:9 15:17

31:1 31:4

lack 18:14

language 17:8

large 17:22

larger 18:3

18:9 20:11

last 30:17

late 29:9

later 8:14

latter 23:4

law 3:15

16:18 16:23

32:9 32:16

32:22 33:2

least 18:18

leave 7:5

led 8:4

legal 15:12

lend 16:19

less 9:14

18:23 20:24

let's 6:19

11:5 11:9

12:9 12:10

17:16 21:9

22:10 22:18

24:17 25:5

26:25 27:25

28:12 28:19

28:20 29:10

29:19 29:19

30:4 31:14

31:18 31:22

Lexus 32:9

Likely 26:14

Likewise 24:9

limit 17:4

30:10

limited 16:7

18:8

lists 28:1

litigated

12:17

litigation

3:8 3:21

11:22 30:5

little 4:9

6:3 11:5

16:21 21:7

27:7 27:8

28:12

location

20:11 21:8

locations
FAA vs Compass Hearing November 14, 2015 VR # 2956-1 Page 45

20:5

longer 14:7

30:15 31:9

lot 6:23 8:10

Louis 3:15

M

major 20:23

March 27:12

27:17 27:18

32:15

mark 30:12

marking 4:23

5:3

material

31:19

materials 6:6

6:7 17:16

17:20

matter 3:5

11:4 11:21

12:15 20:14

32:10

matters 8:11

12:18 30:5

maximum 12:22

14:11

may 4:6 8:5

9:1 9:6 9:6

21:10 21:10

21:15 23:2

24:20 24:21

33:1

maybe 16:2

16:8 23:8

27:12

mean 16:3

24:3 25:12

means 21:13

meant 12:3

Memorial 23:3

mention 33:23

mentioned

33:17 33:18

metropolitan

20:21 20:23

20:24

mid 29:9

minute 22:23

31:24 32:2

minutes 19:1

19:8 19:9

21:18 24:14

misconduct

8:19

misreading

9:10

missing 28:21

mitigation

9:7

moment 7:1

7:16 9:1

15:6 15:15

32:3

money 5:21

5:22 8:10

month 11:25

months 21:22

morning 23:18

mostly 13:21

15:25

motion 7:14

7:23 24:18

24:19 27:21

30:22 31:4

31:5 34:1

motions 15:9

21:20 22:21

23:1 23:2

27:20 27:23

31:8 31:17

Motor 32:8

move 13:14

30:9 30:10

30:10

moving 8:18

myself 17:5

22:23

N

narrow 12:14

nearby 18:15

nearest 18:16

18:17

necessarily

5:11

necessary

33:21 34:3

Nexus 32:9

ninety 24:13

noon 24:13

27:22

North 20:3

Northeast

32:10

note 3:20

20:25 27:22

noted 27:5

notes 4:25

nothing 12:17

14:3

November 3:2

3:7 25:9

25:17 31:14

O

occurred 4:16

13:21

offense 7:4

7:12

office 4:12

21:11 21:12

Oh 12:2 17:9

24:5

Ohio 17:18

17:19 17:25

18:11 18:15

Okay 3:4 5:5

5:10 5:15

5:18 5:25

6:19 7:1

9:17 9:20

10:1 10:25

11:1 11:23

12:7 12:21

12:23 13:11

13:24 14:9

14:13 14:23

15:8 15:16

15:18 16:6

16:10 16:15

17:7 17:15

18:10 19:3

19:11 19:15

19:25 20:4

20:9 20:9

20:15 21:21
FAA vs Compass Hearing November 14, 2015 VR # 2956-1 Page 46

22:10 22:25

23:10 23:14

23:17 23:23

24:3 24:6

24:11 24:11

24:16 24:17

25:5 25:21

25:23 26:6

27:5 27:16

28:11 28:17

28:19 29:10

31:16 32:6

32:6 33:13

Olmstead 20:3

one-hour 24:4

opinion 8:14

13:23

opportunity

7:10

opposed 9:8

order 3:21

20:25 30:6

30:8 30:17

30:19 32:20

32:20

orders 30:9

others 33:10

P

P.M 3:3 34:19

packages

15:23

packing 14:18

page 6:25 7:2

25:7 30:17

paginate 6:25

paper 4:22

5:14 10:6

partial 13:15

32:20

participate

28:23

particular

8:3 8:4

8:15 8:17

9:18 15:4

15:21 16:18

25:15 26:23

30:8 31:9

32:19 32:21

33:2

parties 3:7

3:22 3:25

4:3 11:6

11:20 30:2

party 8:18

passage 16:20

past 32:25

penalty 4:13

9:8 13:19

13:22 17:1

17:2

people 7:8

per 5:24

perhaps 18:23

20:24

period 11:6

26:16

periods 21:9

person 10:10

10:17 10:19

10:21 12:25

17:5 30:21

personnel

6:15

perspective

16:8

phone 10:5

30:18

Plaines 19:16

plan 3:23 4:1

4:5 20:2

25:5 25:6

25:8 28:19

33:9 34:9

planning 7:11

play 34:1

pleadings

27:19

please 5:2

7:20 34:13

point 33:17

populous

20:18

position

29:25

possible 6:22

8:22 9:9

potential

4:17 6:5

9:7 13:14

14:15 15:9

21:3

potentially

4:5

pre 7:13

prefer 22:13

preferable

8:21

preference

22:14 22:15

22:17 23:7

23:18 23:20

28:2 28:4

29:3 29:4

prehearing

27:24 28:25

29:22

prepare 7:23

preparing

34:9

presence 34:8

present 3:14

8:18 11:14

12:19

presented

12:16

presume 13:4

prima 11:14

12:20 13:2

primary 9:8

prior 13:15

probably 13:6

16:7 18:25

problem 24:19

26:18 27:11

30:11

procedural

20:25 30:19

procedure

14:19

proceeds 11:4

process 30:14

33:3

produce 16:2

production
FAA vs Compass Hearing November 14, 2015 VR # 2956-1 Page 47

16:13 33:19

prompt 6:17

prongs 10:19

proof 10:16

10:17

proposed 3:23

4:1 4:4

4:13 9:8

18:19 25:6

33:9

protection

30:9

prove 8:17

proves 21:3

provide 15:24

provided

16:17

provides

32:22

providing

32:16

proving 13:1

pursue 31:4

push 26:15

27:8 27:12

pushing 26:18

Q

qualifier

15:13

question 7:10

12:6 16:11

16:16 17:7

28:7

questions

3:19 4:8

14:1 30:19

quick 22:22

32:2

quickly 24:23

29:11 30:25

quietly 21:18

22:23

quite 8:2

quoting 16:21

R

raise 7:12

8:8 8:15

8:21 11:3

31:20

raised 9:18

32:18 32:21

raising 7:18

rather 8:14

ratification

7:7

ready 4:5

real 4:10

22:22

really 24:22

reason 8:15

11:20 26:12

30:16 31:23

32:16

reasonable

10:10 10:11

10:17 10:21

10:22 17:5

rebuttal

26:10

recall 4:2

recent 18:8

record 3:4

3:11 3:13

3:18 3:24

20:1 34:14

refer 3:10

reference

30:7 32:3

32:17

references

17:21

reg 5:9

regarding

9:23 11:5

16:17

regional

17:23 18:3

18:7 18:7

regulation

5:5 10:15

regulations

16:20

regulatory

16:25

related 5:14

release 31:5

relevant 13:1

repeat 32:13

replacement

21:15

reply 24:21

report 16:4

represented

3:10 3:13

request 15:22

16:2 16:13

17:17 18:18

33:18 33:19

33:25

requested

4:14

requests 16:1

33:24

require 10:16

requires

10:17

research 7:10

reserves 11:2

resolved

12:18

respect 9:12

respondent

3:12 11:2

17:18 26:8

32:19

respondents

11:4

respondent's

11:2

response 4:24

5:4 6:18

9:23 10:4

10:4 10:5

24:20

rest 7:6

result 12:15

retract 6:8

review 7:10

reviewed

21:24

rise 10:20
FAA vs Compass Hearing November 14, 2015 VR # 2956-1 Page 48

rough 14:24

Rule-16 3:8

3:21

Rule-26F 3:23

ruling 32:25

run 24:13

running 28:13

S

safe 23:8

Safety 32:8

sake 19:13

Sales 3:5

3:12 18:13

schedule

20:10 20:12

23:1 24:12

24:18 27:20

30:22

scheduling

3:8 3:21

30:6

search 20:5

second 7:6

23:4

section 16:25

17:5 17:13

seeing 22:7

seemed 18:17

seems 13:19

16:4 27:9

seen 32:24

sending 30:5

sense 11:8

25:16 29:8

separate 4:18

21:5

served 32:15

service 3:24

19:21

serving 13:9

settled 14:3

settlement

11:19 12:12

28:22 28:24

29:23 29:24

34:12

seven 4:18

5:5

seventh 11:1

ship 6:6 6:7

6:7

shipment 6:9

10:7 10:12

shipping 4:22

5:1 5:14

10:6 10:6

short 6:22

shorter 19:8

similarly

16:12

simply 10:17

17:8 21:6

27:22 29:21

sir 16:11

sit 7:22

sitting 3:14

situated

18:13

situation

19:23

six-page 7:1

7:2

sixth 9:5

sixty 31:13

someone 24:18

sometime 29:8

somewhere

14:21

sooner 8:14

sorry 12:2

21:2 25:25

32:12 33:19

sort 31:3

southeast

19:1

space 21:4

speaks 9:12

specific

16:24

specifically

17:3

spending 6:23

spent 8:10

stands 9:14

start 4:11

21:1 21:2

22:13 24:25

25:11 25:12

25:12 25:14

25:16 25:19

starting 7:3

14:1 24:14

26:22

state 7:5

status 27:25

28:25 29:22

30:3

statute 9:13

10:15

stipulate

12:14

stipulated

12:18

stipulation

34:12

Strasfeld

3:14 25:24

25:25

Strasfeld's

22:7 31:7

stretch 21:6

Stuart 3:13

subject 34:1

Subsequently

3:25

substantially

33:2

suburb 20:3

success 20:17

successful

8:23

sufficient

28:5

suggest 29:7

suggesting

18:24

summarized

6:16

summary 13:15
FAA vs Compass Hearing November 14, 2015 VR # 2956-1 Page 49

15:9 15:14

32:20

suppose 7:24

sure 4:15

6:21 14:25

16:9 16:23

28:21 29:1

32:14

swift 6:8

synonymous

10:9

System 3:12

Systems 3:5

18:13

T

table 8:25

11:12 11:21

12:16 31:9

tag 30:12

taking 33:20

talk 3:18 4:8

6:19 9:2

10:14 11:5

15:17 17:16

17:24 21:9

27:25 30:4

30:12

talked 27:20

32:21

talking 11:15

14:9 28:11

34:10

talks 30:6

telephone

23:1 23:18

27:21 30:22

ten 23:24

24:9

terms 5:19

9:4 11:1

15:18 16:3

16:16 21:7

25:6 25:23

31:1

thank 5:25

9:3 10:1

10:25 13:24

14:13 17:15

19:25 33:5

33:12 34:5

34:7 34:15

34:16 34:17

34:17

there's 4:13

10:19

third 9:4

23:5

thirty 11:23

19:1 19:8

28:4 28:5

28:10

Thursday

22:13 23:5

tight 28:12

timeframe

7:18 29:20

timely 4:1

today 3:6

3:14 3:20

4:2 13:13

31:14 34:8

today's 25:10

total 14:10

touches 9:24

toward 9:7

training 4:23

5:1

transit 10:7

travel 20:13

22:19

traveling

6:23

trial 7:20

14:3 14:4

17:17 21:16

22:11 29:7

29:24

trip 21:5

trouble 20:22

true 24:7

try 6:8 11:25

12:5 22:10

22:18 29:11

Tuesday 22:12

turn 6:1 11:7

turning 13:25

15:19 19:15

turns 8:23

twenty-plus

13:7

type 4:18

13:15 16:18

types 8:17

17:3 33:18

Typically

20:10

U

U.S 10:10

17:9 20:5

20:6 20:17

U.S.C 16:25

17:13

underlying

16:25

understand

7:8 7:19

10:15 12:21

20:4

understanding

17:19

unless 22:12

24:18 25:17

upon 33:1

UPS 6:15

usually 25:13

utilizing

16:19

V

vacancy 21:13

varying 20:16

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violation

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violations

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FAA vs Compass Hearing November 14, 2015 VR # 2956-1 Page 50

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visiting

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W

wait 24:25

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waiting 21:15

waive 7:16

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week 21:25

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weeks 25:10

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welcome 3:17

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whatever

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WHEREUPON

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whether 13:22

wish 34:2

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withdraw

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witness 13:8

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witnesses

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wondering

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work 21:22

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working 17:24

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works 24:23

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you'll 3:19

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Youngstown

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you've 11:9

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Z

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