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1 FEDERAL AVIATION ADMINISTRATION 2 3 4 In the Matter of: 5 6 7 8 9 10 ROMNEY CYCLE CENTER 

### * FDMS No. FAA 2015-0203 

## * * * *

11 The telephonic scheduling conference 12 before HONORABLE J.E. SULLIVAN was taken on 13 Thursday, February 4, 2016, commencing at 10:30 14 a.m., before Deborah Wehr, RPR, Notary Public. 15 16 17 18 19 20 21 22 23 24 25 

## * * 

### * 

### * *



# RECEIVED FEB222016 HEARINGDOCKET2 

### RomneyCycleCenter 2/4/2016
1 AP P EA R A N C E S 2 3 4 ON BEHALF OF THE COMPLAINANT: (Via telephone) 5 6 7 8 9 10 11 12 JEANINE C. GOTIMER, ESQUIRE FederalAviationAdministration Enforcement Division, Northeast Team 1 Aviation Plaza Jamaica, New York 11434 (718) 553-3272

13 ON BEHALF OF THE RESPONDENT: (Via telephone) 14 BRIAN W. STOLARZ, ESQUIRE 15 LeClair Ryan 16 2318 Mill Road 17 Suite 1100 18 19 20 21 22 23 24 Alexandria, Virginia 22314 (703) 684-8007

25 (Appearances continued on next page.)


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1 APPEARANCES: (Continued.) 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 HONORABLE J.E. SULLIVAN (via telephone) U.S. Administrative Law Judge Office of Hearings, M-20 U.S. Department of Transportation 1200 New JerseyAvenue, S.E. (Ell-310) Washington, D.C. 20590 (202) 366-2132



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1 2 3 P R0 CE E D I N G S

HONORABLE SULLIVAN: We are on the 4 record in the matter of Romney Cycle Center. 5 This is docket number FAA-2015-0203. Today is 6 Thursday, February 4, 2016, and the parties have 7 convened for what appears to be a prehearing 8 status conference. 9 The Federal Aviation Administration 10 which I'll herein after refer to by its 11 initials, the FAA, is representedby its 12 attorney of record, Ms. Jeanine C. Gotimer. The 13 respondent, Romney Cycle Center, is represented 14 by its attorney of record, Mr. Brian W. Stolarz. 15 Goodmorning to you both. I'lljust 16 outline what brings us to today's telephone 17 conference. Essentiallyon June 19, 2015, there 18 was an order setting litigation dates and 19 procedures. On page 3 of that five-page 20 document there was a schedule for the parties to 21 file dispositivemotions and to appear by 22 telephone on suchmotion for today's date and 23 time. There was also a directive that if the 24 parties did not file dispositive motions, that 25 the telephone conference would still be heldbut

For

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1 converted to a prehearing status conference. 2 I'll note that the record shows that no 3 dispositive motions were filed. So the parties 4 have convened today, it appears, for a 5 prehearing status conference. 6 Ms. Gotimer, is that your understanding 7 of why you and your client are present today? 8 9 MS. GOTIMER: Yes, Your Honor. HONORABLE SULLIVAN: AndMr. Stolarz, 10 same question for you, sir. 11 MR. STOLARZ: Yes, Your Honor, that 12 accurately reflects the status. 13 HONORABLE SULLIVAN: I'm going to turn 14 first to the FAA, the plaintiff in this matter. 15 Ms. Gotimer, can you tell us the status of the 16 case that's currentlypending for trial in 17 May 2016 in the Washington, D.C. area? 18 MS. GOTIMER: Yes, Your Honor, thank 19 you. So I inherited this case frommy 20 colleague, who is located in our southern 21 region, in November or sometime in October or 22 earlyNovember. And so I have not really had a 23 lot of time to speak with Mr. Stolarz about 24 settlement, but at this point it looks like the 25 parties are pretty far apart, although I would



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1 like the opportunity to speak with him about 2 potentiallyresolving the case if that's at all 3 possible. 4 HONORABLE SULLIVAN: You have the 5 ability to settle the case up until the trial 6 concludes. So you are free to do that at any 7 time. 8 MS. GOTIMER: And absent that, you 9 know, as far as all of the deadlines listed in 10 your June 19th order, the agency has no 11 objections to the deadlines set forth in that 12 order. 13 HONORABLE SULLIVAN: One would hope 14 not, counsel, since your predecessor agreed to 15 them already. Were you aware of that? 16 MS. GOTIMER: Yes, Your Honor. I'm not 17 really sure what you were looking for me to say 18 about the status of the case. That's where we 19 are. 20 21 22 23 24 25 me if When I asking
case. you at HONORABLE SULLIVAN: Feel free to ask you don't know what I'mtalking about.

ask you for the status of the case, I'm you essentiallywhere you are in the Are you ready to proceed with trial? Are the verge of settlement? Is there


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1 something that you need the Court to assist you 2 with? Do you need a secondprehearing status 3 conference tobookend essentially some informal 4 matters that the parties are considering? Are 5 you looking for more conference time on the 6 Court's calendar for motions other than 7 dispositivemotions which ideallywouldhave 8 been addressed today? 9 This particular conference is set up 10 not only for the parties' convenience to have 11 access to the Court but also for court docket 12 management. So it's very helpful for the Court 13 to know if the parties are contemplating 14 settlement or at the verge of settlement because 15 that impacts how I direct my staff andwhat my 16 staff is doing on this case. 17 So it sounds tome like youmay have 18 some additional private conversations with your 19 friend across the aisle, which is perfectly 20 acceptable. The Court would encourage that in 21 any event. The question for me is that there 22 has been no settlement discussions at this point 23 should I be looking for a courtroomin 24 Washington, D.C. and is there any narrowing of 25 the issues so that the parties think that it


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1 would take less than two days? And Ms. Gotimer, 2 I don't know if you know those questions right 3 now-- the answers to the questions. 4 MS. GOTIMER: Well, I mean, I would 5 submit, being that it's only February, I would 6 like to speakwith counsel and see whether we 7 can resolve the case, but I don't think that we 8 shouldput off the processing of the case for 9 that. So I would say that the agency would like 10 to proceed with the hearing on the time frame as 11 indicated. 12 HONORABLE SULLIVAN: That's a given. 13 Let's try this again. My question to you is 14 how do I want to say this? It sounds tome, and 15 you can tellme if I am incorrect, it sounds to 16 me like no matters have been resolved yet and 17 that you still need the full two days of hearing 18 time inWashington, D.C. for the trial dates 19 that are currently set for May 17, 2016, and 20 May 18, 2016. Would that be accurate to say? 21 MS. GOTIMER: Yes, Your Honor. 22 HONORABLE SULLIVAN: Mr. Stolarz, why 23 don't I turn to you next. Can you give me the 24 respondent's prehearing status summary. 25 MR. STOLARZ: Sure. Your Honor, I


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1 reached out to new counsel around the time that 2 she came on board and I encouraged at that point 3 for the two of us to get on the phone and talk 

### 4 about a settlement because 

### I do think this case 5 does not necessarily need to be tried. I do 6 think it couldbe resolved as an entity that has 7 never had this kind of issue before and the 8 amount of fuel at issue was a very small amount. 9 I do think it's the kind of thing that couldbe 10 resolved and I'mhopeful it couldbe resolved. 11 So maybe this call will spur on somemore 12 private conversations. 13 Other than that, we are prepared to 14 proceed to trial. We have about four witnesses. 15 I probably won't take everybit of two days. So 16 really fundamentally, it'sprobably going to 17 come down to more the punishmentbecause 18 obviously the fuel was shipped in that empty 19 fuel tank. Alittlebit of fuel was in there. 20 So the facts are not going to be heavily 21 disputed on our part but it's going to be more 22 the circumstances surrounding the shipment and 23 the lack of anyprior regulatory violations by 24 this entity. 25 So I do think we could streamline the


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1 trial pretty quickly. We couldprobably 2 stipulate to certain things. I'mhopeful that 3 the FAA may take the time to talk to me about 4 why this case couldbe resolved on a more 5 reasonable level than what the predecessor 6 counsel had proposed. 7 HONORABLE SULLIVAN: Let me ask you 8 this, counsel, and this is following up on your 9 statement that there's some factual matters that 10 couldbe stipulated to. Is that based on 11 interrogatories that were exchanged or requests 12 for admissions and the answers to the same? Do 13 you have some discovery grounding for that 14 particular statement? 15 MR. STOLARZ: I would say no, I can't 16 point to a specific interrogatory or admission 17 that we would use. I would only say that the 18 presentation of the evidence will be very 19 straightforward and we will not challenge the 20 fact example that the shipment was made. 21 What I mean by that is not that we have 22 a discoverybasis to saybased on this request 23 for admission and this admission thereto we will 24 stipulate. I'm sure we couldmake a stipulation 25 even as to the discovery grounding to streamline


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1 the factual presentation that the FAA has to 2 provide. I don't want to waste people's time. 3 I just want to make sure that either if are 4 going to have the hearing, we'll have the 5 hearing. But I really do think for judicial 6 economy and a first-time-offender type of thing, 7 I really do think this matter couldbe resolved 8 short of a hearing. 9 HONORABLE SULLIVAN: Do you have a 10 telephone conference scheduled right now to talk 11 to your friend across the aisle? 12 MR. STOLARZ: I reached out to her as 13 soon as she got appointed and I sort ofmade my 14 similar pitch I made to her predecessor. And I 15 16 haven't heard from her in a while. I think she's busy. I'mbusy. But I do think now that 17 we've had this call, maybe we can schedule 18 something and talk. 19 HONORABLE SULLIVAN: Why don't we do 20 this because I think this might be most 21 efficacious, it's not for the Court to 22 participate in any settlement discussions 23 between the two of you. That's not my intent. 24 My intent is to get the ball rolling because as 25 we all know, with so many different pulls upon


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1 our time, it is very easy to have weeks go by 2 and then suddenlybe confronted with two short 3 of a time to address certainmatters. So I 4 would bemost appreciative if both counsel could 5 look at their calendars right now and agree to a 6 telephone conference call between the two of you 7 to talk about this matter. 8 And then I am going to be setting a 9 second status conference on my calendar after 10 that just to check in about whatever agreements 11 you might have been able to reach either in 12 settlingthe case or in agreeing to nondisputed 13 facts or law so that if the case does go to 14 trial, we will all have a much better idea of 15 where you want to be spending your time and how 16 much time you will be spending in the hearing. 17 So starting with you, Ms. Gotimer

-- 18 and tellme how to pronounce your last name, 19 please. 20 MS. GOTIMER: It's Gotimer. 21 HONORABLE SULLIVAN: Thank you. 22 Ms. Gotimer, startingwith you in terms of, say, 23 the next two weeks, do you have some blocks of 24 time on your calendar where you could have a 25 meaningful conference call with Mr. Stolarz?


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1 MS. GOTIMER: No, Your Honor, I don't. 2 I'm out of town for litigation. But the week 3 after that, the week that begins with 4 February 21st and during that week I would be 5 available to have meaningful discussions about 6 settlement and/or stipulations of fact in law. 7 HONORABLE SULLIVAN: Is there any time 8 during that week that is preferable for you or 9 that is a blackout time for you? 10 MS. GOTIMER: I would prefer to do it 11 sometime from the 24th on. 12 HONORABLE SULLIVAN: Okay, the 24th 13 beingWednesday, the 25th Thursday, the 26th 14 Friday? 15 MS. GOTIMER: Correct. 16 HONORABLE SULLIVAN: Mr. Stolarz, 17 turning to you, do you have time available on 18 any of those stateddays for a meaningful 19 telephone conference with counsel? 20 MR. STOLARZ: I do and I welcome it. 21 HONORABLE SULLIVAN: What would be your 22 preference or blackout times for those three 23 days? 24 MR. STOLARZ: I only have one small 25 matter on the 26th at 3:00. Otherwise I'm open


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1 all dayWednesday andmost of the day that 2 Friday. So whatever is better for the FAA 3 counsel is fine byme. 4 HONORABLE SULLIVAN: Then I'll turn 5 back to you, Ms. Gotimer. What would you 6 prefer? 7 MS. GOTIMER: I would prefer 10:00 a.m. 8 on Wednesday, February 24th. 9 HONORABLE SULLIVAN: Let's plan on 10 that, Mr. Stolarz. 11 MR. STOLARZ: I'mputting it inmy 12 calendar right now. 13 HONORABLE SULLIVAN: AndMs. Gotimer, 14 will you be initiating that phone call? 15 MS. GOTIMER: I will, Your Honor. 16 HONORABLE SULLIVAN: Mr. Stolarz, we 17 have a phone number of record for you that's 18 alreadypart of the court record. Is there any 19 other number that you wouldprefer Ms. Gotimer 20 to use? 21 22 MR. STOLARZ: No, that's fine. HONORABLE SULLIVAN: Let's talk about 23 reconvening with the Court at this point. 24 MR. STOLARZ: My apologies. My phone 25 beeped.



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1 HONORABLE SULLIVAN: I'm going to be in 2 trial myself the week of February 29th. Why 3 don't we set a telephone conference, second 4 telephone conference for March 17th if the 5 parties have that date available, starting with 6 you, Ms. Gotimer. 7 MS. GOTIMER: Yes, Your Honor, I'm 8 available on March 17thbefore 1:00 p.m. 9 HONORABLE SULLIVAN: AndMr. Stolarz, 10 same question to you, sir. 11 MR. STOLARZ: I currentlyhave a trial 12 set for that day at the FCC, but if I can step 13 aside from that trial and tell the judge I have 14 a quick call, I'll have to make sure it's a 15 reasonably quick call. 16 HONORABLE SULLIVAN: We can try another 17 day. Would Friday the 18thwork for you, 18 Ms. Gotimer? 19 MS. GOTIMER: I'm sorry, Your Honor, I 20 have something that day. 21 HONORABLE SULLIVAN: How about 22 March 22nd, which is a Tuesday the following 23 week, Ms. Gotimer? 24 MS. GOTIMER: Yes, Your Honor, 25 preferably in the a.m.


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1 

### HONORABLE SULLIVAN: Okay. 2 Mr. Stolarz? 3 

### MR. STOLARZ: That shouldbe fine. I'm 4 on springbreakwith the kids, so as long as my 5 kids canparticipate in the conference call, 6 Your Honor. 7 

### HONORABLE SULLIVAN: Actually, we 8 welcome that. Why don't we try for, and I don't 9 want to

-- Mr. Stolarz, if you are doing 10 childcare of any kind, what time in the morning 11 wouldworkbest for you? 12 MR. STOLARZ: If there is a preference 13 for themorning, I can take care of whatever 14 needs tobe done for that week. Any time that's 15 good for the Court and FAA counsel is fine. 16 HONORABLE SULLIVAN: Let's try for 9:30 17 in the morning. Everybody is on the east coast, 18 so March 22, 2016, 9:30a.m., and I'll basically 19 plan on about 45 minutes just to err on the side 20 of caution. 21 If you do end up settling or -- if you 22 find that after the 24th of Februarythat you 23 are passing settlement papers back and forth, 24 you are welcome to try and get those settlement 25 papers completely filed with this officeprior


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1 to March 22nd. And when I receive something 2 like that, my staff knows to act on it really 3 quickly. So if we get it ahead of time, I'll 4 act on it and then I'll cancel the March 22, 5 2016, conference in the order I issue. 6 If you don't settle, that's fine, but 7 then at least hopefully you'll have some factual 8 and legal stipulations we can either put on the 9 record on that date or you can file by that date 10 and we can review. In the meantime, I will be 11 asking my staff to look for a courtroom space in 12 Washington, D.C. just to err on the side of 13 caution. And that way we can have that all set 14 up in the event that settlement doesn't occur. 15 So with that, Ms. Gotimer, is there 16 anything else that we need to address for your 17 client today before we close? 18 MS. GOTIMER: No, thank you. 19 HONORABLE SULLIVAN: Mr. Stolarz, same 20 question to you, sir. 21 MR. STOLARZ: No, thank you, Your 22 Honor. 23 HONORABLE SULLIVAN: Thank you both 24 verymuch. I look forward to talking with you 25 on March 22, 2016, at 9:30 a.m. eastern time.



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1 Good luck with your private negotiations. With 2 that, we can go off the record. 3 (Whereupon, the proceedings at 10:55 4 a.m., were concluded.) 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25



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### RomneyCycleCenter 2/4/2016 1 CERTIFICATE OF REPORTER 2 I, DeborahWehr, do hereby certify that 3 the foregoing proceedings were takenbyme in 4 stenotype and thereafter reduced to typewriting 5 under my supervision; that I am neither counsel 6 for, related to, nor employedby any of the 7 parties to the action inwhich these proceedings 8 were taken; and further, that I am not a 9 relative or employee of any attorney or counsel 10 employedbythe parties hereto, nor financially 11 or otherwise interested in the outcome of the 12 action. 13 14 15 16 17 18 

### 19 20 

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### DeborahWehr Notary Public



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