UNITED STATES DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION, COMPLAINANT, VS. FDMS NO. FAA-2014-0119 SPIRIT AVIONICS, LTD. RESPONDENT.

_____________________________________________________

TELECONFERENCE HEARING BEFORE THE HONORABLE J. E. SULLIVAN TUESDAY, AUGUST 27, 2014 10:01 A.M. HISTORIC JORDAN SPRINGS 1160 JORDAN SPRINGS ROAD STEPHENSON, VIRGINIA 22656US DOT v s Spirit Avionics Hearing August 27, 2014 VR # 1382-2 Page 2

1 APPE ARANCES 2 ON B EHALF OF THE FEDERAL AVIATION ADMINISTRATION: 3 MS. KATE BARBER, ESQUIRE 4 FEDE RAL AVIATION ADMINISTRATION, AGL-7 5 230 0 EAST DEVON AVENUE 6 DES PLAINES, ILLINOIS 60018 7 TEL EPHO NE: 847 .294.7862 8 FAC SIMI LE: 847 .294.7498 9 KAT E.BARBER@FAA.GOV 10 11 ON B EHALF OF THE RESPONDENT, 12 SPIR IT AVIONICS, LTD.: 13 JER RY A. EICHENBERGER, ESQUIRE, 14 EICH ENBERGER & ASSOCIATES 15 603 7 FRANTZ ROAD, SUITE 107 16 DUB LIN, OHIO 43017 17 TEL EPHO NE: 614 .798.1600 18 FAC SIMI LE: 614 .798.1620 19 JEI CHENBERGER@EHLAWYERS.COM 20 21 ALSO PRESENT: 22 COD Y L. SMITH 23 24 25US DOT vs Spirit Avionics Hearing August 27, 2014 VR # 1382-2 Page 3

1 TELECONFERENCE HEARING 2 TUESDAY, AUGUST 27, 2014 3 10:01 A.M. 4 THE COURT: Good morning everybody, 5 this is Judge Sullivan. Do I have Ms. Barber on the 6 line? 7 MS. BARBER: Yes, good morning, Your 8 Honor. 9 THE COURT: Good morning. And Mr. 10 Eichenberger? 11 MR. EICHENBERGER: Yes, Your Honor, I'm 12 here. 13 THE COURT: Okay, and I should also 14 have a Suzanne W. Gonzales from County Court 15 Reporters. 16 COURT REPORTER: Yes, ma'am, I'm here. 17 THE COURT: Okay, Ms. Barber anyone 18 appearing with you today as an observer? 19 MS. BARBER: No, Your Honor. 20 THE COURT: And Mr. Eichenberger, same 21 question? 22 MR. EICHENBERGER: No, Your Honor, I'm 23 by myself. 24 THE COURT: Okay. Madame Court 25 Reporter are you ready?US DOT vs Spirit Avionics Hearing August 27, 2014 VR # 1382-2 Page 4

1 COURT REPORTER: Yes, I am. 2 THE COURT: Okay, we're on the record 3 in the matter of Spirit Avionics, Ltd. This is docket 4 number FAA-2014-0119. 5 Today is Wednesday, August 27, 2014, 6 and the parties have reconvened for a Rule 16 7 litigation scheduling conference. 8 The FAA attorney Ms. Kate Barber is 9 present by telephone. The Respondent's attorney Mr. 10 Jerry A. Eichenberger is also present by telephone. 11 Good morning to you both. 12 MR. EICHENBERGER: Good morning, Your 13 Honor. 14 MS. BARBER: Good morning. 15 THE COURT: Good morning. And you 16 folks may have recalled we last met on August 11, 17 2014, for a Rule 16 litigation conference and the 18 matter was set over to today's date and time to allow 19 the Court a little bit of time to look through your CR 20 26(f) submission. 21 And I do have a couple of questions for 22 you. So I have the Rule 26(f) submission before me. 23 You had indicated that all document discovery is to be 24 completed by January 31, 2015. 25 I normally set a due date for initialUS DOT vs Spirit Avionics Hearing August 27, 2014 VR # 1382-2 Page 5

1 disclosures because typically those are done fairly 2 quickly. And so I wanted to check in with you about 3 that. 4 Typically I set a date that's within a 5 week or two of this particular conference since 6 ideally you would have discussed those initial 7 disclosures already. 8 So would the date of September 5th or 9 say September 12th work for you for just the initial 10 disclosures? Ms. Barber? 11 MS. BARBER: Yes, that would work for 12 me. I believe I've already or the FAA has already 13 given the whole file or the releasable portions of the 14 enforcement package to Mr. Eichenberger so that may be 15 covered in the initial disclosures. 16 However if there is any other items I 17 can go through the file and make sure he does get 18 that. 19 THE COURT: Okay, Mr. Eichenberger do 20 you have a preference for September 5th or September 21 12th for the exchange of initial disclosures? 22 MR. EICHENBERGER: Yes, Your Honor. 23 With the holiday weekend I would prefer the 12th if 24 you wouldn't mind. 25 THE COURT: Okay. And I'm having aUS DOT vs Spirit Avionics Hearing August 27, 2014 VR # 1382-2 Page 6

1 little bit of trouble hearing you. 2 MR. EICHENBERGER: Oh, I'm sorry. I 3 need to speak up. I mumble. Everybody tells me that. 4 I'm sorry. 5 THE COURT: Okay. 6 MR. EICHENBERGER: I say with the 7 holiday weekend approaching I would prefer the 12th if 8 it's okay with you. 9 THE COURT: Sure. That's fine. 10 So let's talk about initiating general 11 discovery. I generally also set a due date for just 12 starting initial discovery and I generally set it to 13 the same day that initial disclosures are complete. 14 So that once initial disclosures are 15 done then you're off and running as far as general 16 discovery. And unless you tell me differently then 17 that's what I'll do is I'll set September 12th for the 18 deadline for the initial disclosure exchange and set 19 September 12th, 2014, as the beginning date to start 20 general discovery. 21 Ms. Barber, any comments? 22 MS. BARBER: No, that's fine with me, 23 Your Honor. 24 THE COURT: And Mr. Eichenberger? 25 MR. EICHENBERGER: Likewise, YourUS DOT vs Spirit Avionics Hearing August 27, 2014 VR # 1382-2 Page 7

1 Honor. 2 THE COURT: Okay. Typically I also set 3 a due date for the disclosure of retained or hired 4 experts and the reason that I do that is so that you 5 have a chance to do general discovery about getting 6 that person's resume and any and all general 7 information they might in terms of what their expert 8 testimony would be. 9 Happy to play with that date a little 10 bit. I was thinking perhaps November or December 11 since you have a general document cutoff date of 12 January 31, 2015. But I'm happy to take up 13 suggestions from you. 14 Ms. Barber, what's your thought about 15 that? 16 MS. BARBER: I am amenable to November 17 or December. 18 THE COURT: Mr. Eichenberger, how about 19 you? 20 MR. EICHENBERGER: Your Honor, I didn't 21 quite understand the beginning of your comment about, 22 is this an expert disclosure date or reports date? 23 THE COURT: Right. If you're going to 24 retain or hire a witness to provide expert testimony 25 or if the FAA is planning to utilize an employee whoseUS DOT vs Spirit Avionics Hearing August 27, 2014 VR # 1382-2 Page 8

1 duty is regularly involved giving expert testimony, I 2 want you folks to be able to know about that earlier 3 in the discovery period. 4 So the disclosure should ideally 5 include the name of the witness, the resume or 6 qualification, and the witness' written report or 7 statement of opinion. 8 MR. EICHENBERGER: It's going to be 9 difficult to have a report before discovery is 10 complete. I would think. Otherwise it's just a, kind 11 of a shotgun approach. 12 THE COURT: Well, not necessarily. I 13 mean I'm trying to make sure that you both have an 14 equal playing field. So when would you think it would 15 be reasonable for you and Ms. Barber to exchange that 16 information prior to depositions starting? 17 MR. EICHENBERGER: Yeah, I'm a little 18 bit out of water because I don't do these 19 administrative matters that often. I know of course 20 in a regular court litigation what we do is typically 21 the plaintiff which in this case is Ms. Barber would 22 produce their expert and report and then we know what 23 it is we have to face. Then sixty days or so later we 24 would produce ours. 25 Is your suggestion, Judge, that they beUS DOT vs Spirit Avionics Hearing August 27, 2014 VR # 1382-2 Page 9

1 simultaneous? 2 THE COURT: I don't have a firm 3 suggestion. I simply want to set that up so that you 4 have it for yourself. I've had folks in the past want 5 to exchange them simultaneously and that's fine with 6 me. 7 If you have a different approach, 8 that's fine, too. Whatever would work for you to in 9 this particular litigation. 10 MR. EICHENBERGER: Being on the 11 defense, I always like to know what it is I have to 12 defend against before an expert is hired. 13 There may not even be experts in this 14 case. This is mainly a business matter. 15 THE COURT: Okay. 16 MR. EICHENBERGER: Where the Respondent 17 is accused of removing parts and selling them in the 18 marketplace. We have a different approach. So you 19 know it's not a case that has ports type of fault 20 involved. 21 So I don't know what if we will use an 22 expert. 23 THE COURT: I see. 24 MR. EICHENBERGER: But I would like to 25 see what Kate has first and then I can make aUS DOT vs Spirit Avionics Hearing August 27, 2014 VR # 1382-2 Page 10

1 decision. 2 THE COURT: Okay. Ms. Barber do you 3 have any preference? 4 MS. BARBER: I do not have any 5 preference so either way is fine with me. If you 6 wanted to do them simultaneously or staggered. 7 THE COURT: Okay. 8 MS. BARBER: I don't have an issue with 9 either one. 10 THE COURT: Why don't we do this. Why 11 don't I have the FAA disclose their retained or hired 12 expert on or before November 14, 2014, and Mr. 13 Eichenberger, I'll have you disclose any and all of 14 your experts on or before January 15, 2015. 15 MR. EICHENBERGER: Thank you. 16 THE COURT: That puts you folks at a 17 point that's right before your January 31, 2015, 18 deadline for completing document discovery. 19 MR. EICHENBERGER: Thank you, Your 20 Honor. 21 THE COURT: You're welcome. You had 22 also indicated a deadline of March 31, 2015, for 23 deposition completion and I'm happy to adopt that. 24 You did also indicate a June 1, 2015, 25 deadline for filing dispositive motions. And I didUS DOT vs Spirit Avionics Hearing August 27, 2014 VR # 1382-2 Page 11

1 have a question about that. Was that the deadline you 2 wanted for filing the initial motion? Or was it the 3 deadline you wanted for filing the motion, the 4 response, and the reply? 5 Ms. Barber? 6 MS. BARBER: I believe that would be 7 the motion, response, and reply. 8 THE COURT: Okay. 9 MR. EICHENBERGER: I thought 10 differently. 11 THE COURT: Okay. Ms. Barber, do you 12 have a strong position about that? 13 MS. BARBER: I don't. 14 THE COURT: Okay. Then why don't I 15 talk a little bit about the deadline of June 1. I 16 don't have a problem with that. 17 Let's talk about the response and 18 reply. Ms. Barber starting with you, do you have a 19 preference for how much time the response and reply 20 should be allowed? 21 Typically I'll allow between three, 22 about three weeks but I'm happy to hear suggestions. 23 So for example if you file a motion in full or in part 24 for summary judgment on June 1, 2015, typically I 25 would set June 22nd or June 23rd or June 24th, 2015,US DOT vs Spirit Avionics Hearing August 27, 2014 VR # 1382-2 Page 12

1 for the Respondent's reply. 2 And of course this is with the 3 understanding that if someone has vacation time or 4 other conflicts on their calendar we work with that. 5 So do you have a preference in terms of 6 the timing of the response and reply? 7 MS. BARBER: No, I think that sounds 8 reasonable. The three weeks. I was thinking thirty 9 days but three weeks with consideration for vacation, 10 that sounds about what I'm thinking. 11 THE COURT: Okay, Mr. Eichenberger, how 12 about you? 13 MR. EICHENBERGER: The response in 14 three weeks and then the reply what two weeks 15 thereafter? Is that your normal ... 16 THE COURT: Generally, yes. Generally. 17 But I'm happy to tweak that depending on what 18 everybody's calendar is. 19 So for example looking at my 2015 20 calendar June 22nd is exactly three weeks past June 21 1st. So we can set the response date for June 22nd, 22 2015, or somewhere around that date. 23 MR. EICHENBERGER: I have nothing that 24 I know of that far out, Your Honor. Thankfully I'm 25 not as busy as you probably are.US DOT vs Spirit Avionics Hearing August 27, 2014 VR # 1382-2 Page 13

1 THE COURT: Okay, well, then let's just 2 default onto a three schedule. So June 22nd, 2015, 3 for the response on a summary or dispositive motion. 4 And then because of that July 4th holiday, let's plan 5 on July 13 for any reply. 6 Ms. Barber, is that acceptable? 7 MS. BARBER: Yes, Your Honor. 8 THE COURT: And Mr. Eichenberger? 9 MR. EICHENBERGER: Yes, Your Honor, 10 thank you. 11 THE COURT: Okay. I always schedule a 12 telephone conference on dispositive motions. So we 13 need to set that up. And if for some reason no one 14 files dispositive motions, keep the conference on your 15 calendar and I will automatically convert it into a 16 pre-hearing status conference. 17 So that if there are any kinds of 18 things that need to be addressed prior to the hearing 19 we have a conference already set on all of our 20 calendars. 21 So let's take a look at the end of July 22 2015 for a time period. 23 MR. EICHENBERGER: Your Honor, that 24 won't be Oshkosh. 25 THE COURT: I'm sorry.US DOT vs Spirit Avionics Hearing August 27, 2014 VR # 1382-2 Page 14

1 MR. EICHENBERGER: That will be the EAA 2 Oshkosh week. 3 THE COURT: And what does that mean Mr. 4 Eichenberger? I don't know. 5 MR. EICHENBERGER: I'm sorry. I'll be 6 in Oshkosh, Wisconsin, at the big air show that the 7 EAA puts on each year. 8 THE COURT: Okay, and when are those 9 dates to that I ... 10 MR. EICHENBERGER: I don't know 11 exactly. Somewhere between the 15th and the of July 12 or first week of August. It is always when it is but 13 I don't at the moment have the exact date. 14 THE COURT: Okay, so we need to set 15 this probably the second week of August then? 16 MR. EICHENBERGER: That would work for 17 me. I know it would work. 18 THE COURT: Okay, Ms. Barber do you 19 have any problem with that? 20 MS. BARBER: No, Your Honor. 21 THE COURT: Okay. Starting with you 22 Ms. Barber is there any particular time the week of 23 August 10, 2015, that you know of that would be a 24 blackout time? 25 MS. BARBER: Just probably thatUS DOT vs Spirit Avionics Hearing August 27, 2014 VR # 1382-2 Page 15

1 Wednesday I would be unavailable. 2 THE COURT: Okay, and Mr. Eichenberger 3 how about you? Any blackout times for the week of 4 August 10th? 5 MR. EICHENBERGER: Nothing I can think 6 of. 7 THE COURT: Okay. Let's try for August 8 11th then which is a Tuesday and Ms. Barber how about 9 if we start at 10:00 a.m. and run to 11:30, would that 10 work on your calendar? 11 MS. BARBER: Yes. 12 THE COURT: And Mr. Eichenberger? 13 MR. EICHENBERGER: Yes, that would be 14 fine, Your Honor. 15 THE COURT: Okay. Obviously if 16 something comes up in terms of a family vacation 17 between now and then which is possible, I'll have some 18 instructions in this litigation schedule that tells 19 you how to go about trying to change it. 20 Essentially you want to get together, 21 talk about your calendars, find a couple of other 22 dates that work mutually well for both of you and then 23 contact the attorney who works on my calendar and 24 caseload and coordinate a change with him. 25 So I'll be scheduling as I'm sure youUS DOT vs Spirit Avionics Hearing August 27, 2014 VR # 1382-2 Page 16

1 both will be a whole bunch of other things in the 2 interim and it may be that this needs to be tweaked 3 and if so we can do that. If not, then we've got it 4 all set and we can work around it. 5 So let's talk about the hearing date 6 and then we can work back to when you file your 7 exhibits and your witnesses and so forth. 8 I'm looking at and I don't want to 9 shock you, the week of October 19th of 2015. So I 10 wanted to check in with you folks and see if you have 11 any time that week to do a hearing and if so we will 12 set it and get it all lined up. 13 Ms. Barber? 14 MS. BARBER: I am available. 15 THE COURT: Okay, Mr. Eichenberger? 16 MR. EICHENBERGER: There's an old 17 saying Tennessee Ernie Ford used to say, Lord willing 18 the creek don't rise, I'll be there. 19 THE COURT: Okay. Ms. Barber starting 20 with you, how many days do you think this hearing 21 might take assuming nothing gets resolved? 22 MS. BARBER: Perhaps one to two. No 23 longer than two. 24 THE COURT: Okay, Mr. Eichenberger 25 what's your assessment?US DOT vs Spirit Avionics Hearing August 27, 2014 VR # 1382-2 Page 17

1 MR. EICHENBERGER: No more than three. 2 I think we will probably do it within two days. 3 THE COURT: Okay. Let's err on the 4 side of caution just for now and schedule three days. 5 If closer in time you resolve some matters we can 6 always slice a day off. 7 So let's plan on Tuesday, Wednesday, 8 and Thursday of the week of October 18, 2015. That 9 would be Tuesday October 20, Wednesday October 21, and 10 Thursday October 22 in the year 2015. Leaving Monday 11 the 19th and Friday the 23rd for travel days for those 12 of us who might need to travel in. 13 I won't set a specific place in 14 Columbus, Ohio. We'll schedule the actual courtroom a 15 little closer in time. Since most of the courthouses 16 we go to simply don't have calendars yet for the 2015 17 year. 18 So you will get a notice of the actual 19 court days probably about two months ahead of time, 20 three if you're lucky. But that's about when we 21 actually give you an address but it will be in 22 Columbus, Ohio. 23 That having been said with our first 24 day starting on October 20, 2015, you want to have 25 your witnesses and exhibits exchanged one or twoUS DOT vs Spirit Avionics Hearing August 27, 2014 VR # 1382-2 Page 18

1 months ahead of time? Ms. Barber? 2 MS. BARBER: Yes. 3 THE COURT: What is your preference? 4 MS. BARBER: Oh, one or, okay, two 5 months. 6 THE COURT: Mr. Eichenberger, how about 7 you? 8 MR. EICHENBERGER: So that would in 9 August. Just the list of witnesses; correct? 10 THE COURT: It would be the list of 11 witnesses and your exhibits. 12 MR. EICHENBERGER: Oh, I think we can 13 do that. I don't think that will be difficult. 14 THE COURT: I'm sorry, sir, you're 15 fading ... 16 MR. EICHENBERGER: I'm sorry. That 17 won't be difficult. We can easily accommodate doing 18 that some time in late August. 19 THE COURT: Okay. Why don't we take a 20 look at our calendars and just so you know I need a 21 little bit of time after your dispositive arguments to 22 issue a ruling. 23 And if my issue of ruling that grants 24 in full or in part a dispositive motion, you want to 25 get that before you do the work of putting togetherUS DOT vs Spirit Avionics Hearing August 27, 2014 VR # 1382-2 Page 19

1 all of your exhibits. 2 So let's plan on some time in early 3 September. How about September 15, Ms. Barber? 4 MS. BARBER: That's good for me, Your 5 Honor. 6 THE COURT: And Mr. Eichenberger? 7 MR. EICHENBERGER: That's fine, Your 8 Honor. 9 THE COURT: Okay, we'll put September 10 15, 2015, for the exchange of exhibits and witness 11 list. And I hope to use that same date for the filing 12 of any particular agreed motions in limine or 13 stipulations because if you have other matters that 14 you decided will narrow the issues at hearing, you can 15 file those in writing at the same time. 16 That doesn't preclude you of course 17 from making motions the day of the trial but the more 18 you do ahead of time as you know the easier it is to 19 prepare for what is in dispute. 20 I will have in the order that I send 21 you some information about how to file motions if you 22 have problems with discovery. I'll simply note that 23 you do not have to file any of your exchanged 24 discovery with this office. 25 The only time I need to see anyUS DOT vs Spirit Avionics Hearing August 27, 2014 VR # 1382-2 Page 20

1 discovery is if there is a dispute about it and it 2 serves as a support for whatever motion you're making. 3 Let's see if I have other things. I'll 4 have some material on this litigation order about how 5 to mark your exhibits and also how to schedule other 6 motions or pre-hearing conferences on my calendar if 7 something comes up that we haven't anticipated today. 8 Ms. Barber, anything else that we need 9 to talk about on behalf of your client or any 10 questions you might have? 11 MS. BARBER: I don't have any 12 questions, Your Honor. 13 THE COURT: Okay. Mr. Eichenberger, 14 how about you? 15 MR. EICHENBERGER: No questions at the 16 moment, thank you. 17 THE COURT: Okay, then it appears our 18 business is complete. I'm going to thank you both 19 very much for your assistance today. I'll send out a 20 litigation order either this afternoon or tomorrow at 21 the latest and it will cover all of the dates that 22 we've talked about as well as provide you some other 23 instructions that might help make it easier for you as 24 you go through this process. 25 I wish you both good luck in yourUS DOT vs Spirit Avionics Hearing August 27, 2014 VR # 1382-2 Page 21

1 endeavors on behalf of your clients then. With that 2 it appears our business is complete. 3 If the case goes to trial I will look 4 forward to seeing you in October 2015 in Columbus, 5 Ohio. 6 I should mention that when I am in 7 hearings I usually take a fifteen minute break in the 8 morning, a fifteen minute break in the afternoon, and 9 an hour and fifteen minutes for lunch. 10 This typically gives everybody enough 11 time to make phone calls, have a rest, get a cup of 12 coffee and all of that. 13 We do try and get hearing space in the 14 U.S. District Court first so that there are conference 15 rooms available for your witnesses to sit and wait or 16 for you to confer with someone privately. 17 Sometimes we're not successful in that, 18 but that's our first default to go to. In general the 19 hearings will start at nine and they will stop at 20 five. 21 So that people have space to go back to 22 your hotel or to your home and have dinner and think 23 about things. So that's generally the focus of how I 24 run a trial and that way you can plan on beginning 25 times, ending times, and breaks and let your witnessesUS DOT vs Spirit Avionics Hearing August 27, 2014 VR # 1382-2 Page 22

1 know accordingly. 2 So with that Ms. Barber I added in a 3 little bit. Anything else we need to cover before we 4 close? 5 MS. BARBER: No, Your Honor. 6 THE COURT: And Mr. Eichenberger? 7 MR. EICHENBERGER: Just one thing, Your 8 Honor, and that is if we do hold a history in the U.S. 9 District Courthouse here in Columbus there really are 10 no restaurants within walking distance at lunchtime 11 except a not very gourmet cafeteria in the police 12 station across the street. 13 THE COURT: Oh, dear. 14 MR. EICHENBERGER: So you may want to 15 make lunch an hour and a half. 16 THE COURT: Okay. 17 MR. EICHENBERGER: It's a pretty good 18 hike. I mean, I shouldn't say they're not within 19 walking distance but they're not just across the 20 street. They're two or three or four blocks away. 21 THE COURT: Okay. That's helpful to 22 know. And Mr. Eichenberger in terms of security, how 23 long does it typically take to get through security, 24 do you have any idea? 25 MR. EICHENBERGER: Not long at allUS DOT vs Spirit Avionics Hearing August 27, 2014 VR # 1382-2 Page 23

1 because obviously I presume you have some sort of 2 credential that can get you right through. 3 THE COURT: Yes. 4 MR. EICHENBERGER: And I don't, but the 5 biggest question is probably how much luggage we're 6 going to have. And I don't think this case is going 7 to have any real demonstrative exhibits like pieces of 8 an airplane or anything like that, do you Kate? I 9 mean you might have one of these brackets. 10 THE COURT: Oh, I would simply say I 11 would caution you not to do that. 12 MR. EICHENBERGER: Yeah. 13 THE COURT: Because if I'm traveling in 14 I would be taking it out and I don't have any way to 15 take bulky exhibits with me. 16 MS. BARBER: I don't believe I have 17 any. 18 THE COURT: So I will ask you to think 19 about that. If you have demonstrative exhibits it 20 should be something small enough where I can pack it 21 in my luggage. 22 MS. BARBER: Okay. 23 MR. EICHENBERGER: What we're talking 24 about Your Honor is a bracket about the size of a deck 25 of playing cards.US DOT vs Spirit Avionics Hearing August 27, 2014 VR # 1382-2 Page 24

1 THE COURT: Okay. Well, that sounds 2 packable if you need to file it. Sometimes a picture 3 is good too but I understand how important it is to 4 get a three-dimensional view at times. 5 So thank you very much for that 6 edification. I will thank you both again for your 7 presence. It appears our business is complete. 8 We can go off the record. 9 (WHEREUPON, the teleconference Hearing concluded at 10 approximately 10:28 a.m.) 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25US DOT vs Spirit Avionics Hearing August 27, 2014 VR # 1382-2 Page 25

1 STIPULATION 2 3 The foregoing matter was taken on the date, and 4 at the time and place set out on the title page 5 hereof. 6 7 It was requested that the matter be taken by the 8 reporter and that the same be reduced to typewritten 9 form. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 251 2 3 4

6 5

7

11 10

13 12 9 8

14 15

19 18 17 16

20 21

25 24 23 22 **CERTIFICATE OF REPORTER AND SECURE ENCRYPTED**

I, **Suzanne W. Gonazales** , Notary Public, 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

This transcript and certificate have been digitally or otherwise interest in the action filed or its outcome. record of same to the best of my knowledge and ability;

or counsel employed by the parties hereto, nor financial that there is no relation nor employment by any attorney

Court Reporter / Notary **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 , .

Notary Registration Number: 7060068 My Commission Expires: **Suzanne W. Gonzales** 8th

02/28/2018 September 2014US DOT vs Spirit Avionics Hearing August 27, 2014 VR # 1382-2 Page 27

1 1 10:24 11:15 11:24 10 14:23 10:00 15:9 10:01 3:3 10:28 24:10 10th 15:4 11 4:16 11:30 15:9 11th 15:8 12th 5:9 5:21 5:23 6:7 6:17 6:19 13 13:5 14 10:12 15 10:14 19:3 19:10 15th 14:11 16 4:6 4:17 18 17:8 19th 16:9 17:11 1st12:21

2 20 17:9 17:24 2014 3:2 4:5 4:17 6:19 10:12 2015 4:24 7:12 10:14 10:17 10:22 10:24 11:24 11:25 12:19 12:22 13:2 13:22 14:23 16:9 17:8 17:10 17:16 17:24 19:10 21:4 21 17:9 22 17:10 22nd11:25 12:20 12:21 13:2 23rd11:25 17:11 24th 11:25 26(f 4:20 4:22 27 3:2 4:5

3 31 4:24 7:12 10:17 10:22

4 4th 13:4

5 5th 5:8 5:20

A a.m 3:3 15:9 24:10 able 8:2 acceptable 13:6 accommodate 18:17 accordingly 22:1 accused9:17 across 22:12 22:19 actual 17:14 17:18 actually 17:21 added 22:2 address 17:21 addressed 13:18 administrativ e 8:19 adopt10:23 afternoon 20:20 21:8 against9:12 agreed 19:12 ahead 17:19 18:1 19:18 air 14:6 airplane 23:8 allow4:18 11:21 allowed11:20 already 5:7 5:12 5:12 13:19 am 4:1 7:16 16:14 21:6 amenable 7:16 anticipated 20:7 anyone 3:17 anything20:8 22:3 23:8 appearing 3:18 appears 20:17 21:2 24:7 approach 8:11 9:7 9:18 approaching 6:7 approximately 24:10 arguments 18:21 assessment 16:25 assistance 20:19 assuming 16:21 attorney 4:8 4:9 15:23 August3:2 4:5 4:16 14:12 14:15 14:23 15:4 15:7 18:9 18:18 automatically 13:15 available 16:14 21:15 Avionics 4:3US DOT vs Spirit Avionics Hearing August 27, 2014 VR # 1382-2 Page 28

away 22:20

B Barber 3:5 3:7 3:17 3:19 4:8 4:14 5:10 5:11 6:21 6:22 7:14 7:16 8:15 8:21 10:2 10:4 10:8 11:5 11:6 11:11 11:13 11:18 12:7 13:6 13:7 14:18 14:20 14:22 14:25 15:8 15:11 16:13 16:14 16:19 16:22 18:1 18:2 18:4 19:3 19:4 20:8 20:11 22:2 22:5 23:16 23:22 beginning 6:19 7:21 21:24 behalf 20:9 21:1 believe 5:12 11:6 23:16 biggest23:5 bit4:19 6:1 7:10 8:18 11:15 18:21 22:3 blackout 14:24 15:3 blocks 22:20 bracket23:24 brackets 23:9 break 21:7 21:8 breaks 21:25 bulky23:15 bunch16:1 business 9:14 20:18 21:2 24:7 busy 12:25

C cafeteria 22:11 calendar 12:4 12:18 12:20 13:15 15:10 15:23 20:6 calendars 13:20 15:21 17:16 18:20 cards 23:25 case 8:21 9:14 9:19 21:3 23:6 caseload 15:24 caution 17:4 23:11 chance 7:5

change 15:19 15:24 check 5:2 16:10 client20:9 clients 21:1 close 22:4 closer 17:5 17:15 coffee 21:12 Columbus 17:14 17:22 21:4 22:9 comes 15:16 20:7 comment7:21 comments 6:21 complete 6:13 8:10 20:18 21:2 24:7 completed 4:24 completing 10:18 completion 10:23 concluded 24:9 confer 21:16 conference 4:7 4:17 5:5 13:12 13:14 13:16 13:19 21:14 conferences 20:6 conflicts 12:4 consideration 12:9 contact15:23 convert13:15 coordinate 15:24 correct18:9 County3:14 couple 4:21 15:21 course 8:19 12:2 19:16 court3:4 3:9 3:13 3:14 3:16 3:17 3:20 3:24 3:24 4:1 4:2 4:15 4:19 5:19 5:25 6:5 6:9 6:24 7:2 7:18 7:23 8:12 8:20 9:2 9:15 9:23 10:2 10:7 10:10 10:16 10:21 11:8 11:11 11:14 12:11 12:16 13:1 13:8 13:11 13:25 14:3 14:8 14:14 14:18US DOT vs Spirit Avionics Hearing August 27, 2014 VR # 1382-2 Page 29

14:21 15:2 15:7 15:12 15:15 16:15 16:19 16:24 17:3 17:19 18:3 18:6 18:10 18:14 18:19 19:6 19:9 20:13 20:17 21:14 22:6 22:13 22:16 22:21 23:3 23:10 23:13 23:18 24:1 Courthouse 22:9 courthouses 17:15 courtroom 17:14 cover 20:21 22:3 covered5:15 CR 4:19 credential 23:2 creek 16:18 cup 21:11 cutoff 7:11

D date 4:18 4:25 5:4 5:8 6:11 6:19 7:3 7:9 7:11 7:22 7:22 12:21 12:22 14:13 16:5 19:11 dates 14:9 15:22 20:21 day 6:13 17:6 17:24 19:17 days 8:23 12:9 16:20 17:2 17:4 17:11 17:19 deadline 6:18 10:18 10:22 10:25 11:1 11:3 11:15 dear 22:13 December 7:10 7:17 decided19:14 decision 10:1 deck 23:24 default 13:2 21:18 defend 9:12 defense 9:11 demonstrative 23:7 23:19 depending 12:17 deposition 10:23 depositions 8:16 different9:7 9:18 differently 6:16 11:10 difficult8:9 18:13 18:17 dinner 21:22 disclose 10:11 10:13 disclosure 6:18 7:3 7:22 8:4 disclosures 5:1 5:7 5:10 5:15 5:21 6:13 6:14 discovery 4:23 6:11 6:12 6:16 6:20 7:5 8:3 8:9 10:18 19:22 19:24 20:1 discussed

5:6 dispositive 10:25 13:3 13:12 13:14 18:21 18:24 dispute 19:19 20:1 distance 22:10 22:19 District 21:14 22:9 docket4:3

document 4:23 7:11 10:18 done 5:1 6:15 due 4:25 6:11 7:3 duty 8:1

E EAA 14:1 14:7 earlier 8:2 early19:2 easier 19:18 20:23 easily18:17 edification 24:6 Eichenberger 3:10 3:11 3:20 3:22 4:10 4:12 5:14 5:19 5:22 6:2 6:6 6:24 6:25 7:18 7:20 8:8 8:17 9:10 9:16 9:24 10:13 10:15 10:19 11:9 12:11 12:13 12:23 13:8 13:9 13:23 14:1 14:4 14:5 14:10 14:16US DOT vs Spirit Avionics Hearing August 27, 2014 VR # 1382-2 Page 30

15:2 15:5 15:12 15:13 16:15 16:16 16:24 17:1 18:6 18:8 18:12 18:16 19:6 19:7 20:13 20:15 22:6 22:7 22:14 22:17 22:22 22:25 23:4 23:12 23:23 either 10:5 10:9 20:20 else 20:8 22:3 employee 7:25 endeavors 21:1 enforcement 5:14 equal 8:14 Ernie 16:17 err 17:3 Essentially 15:20 everybody3:4 6:3 21:10 everybody's 12:18 exact14:13 exactly 12:20 14:11 example 11:23 12:19 except22:11

exchange 5:21 6:18 8:15 9:5 19:10 exchanged 17:25 19:23 exhibits 16:7 17:25 18:11 19:1 19:10 20:5 23:7 23:15 23:19 expert7:7 7:22 7:24 8:1 8:22 9:12 9:22 10:12 experts 7:4 9:13 10:14

F FAA 4:8 5:12 7:25 10:11 FAA-2014-0119 4:4 face 8:23 fading18:15 fairly5:1 family15:16 fault9:19 field 8:14 fifteen 21:7 21:8 21:9 file 5:13 5:17 11:23 16:6 19:15 19:21 19:23 24:2 files 13:14 filing 10:25 11:2 11:3 19:11 fine 6:9 6:22 9:5 9:8 10:5 15:14 19:7 firm 9:2 first9:25 14:12 17:23 21:14 21:18 five 21:20 focus 21:23 folks 4:16 8:2 9:4 10:16 16:10 Ford16:17 forth16:7 forward21:4 Friday17:11 full 11:23 18:24

G general 6:10 6:15 6:20 7:5 7:6 7:11 21:18 generally 6:11 6:12 12:16 12:16 21:23 gets 16:21 getting7:5 given 5:13 gives 21:10 giving8:1 Gonzales 3:14 gourmet22:11 grants 18:23

H half 22:15 happy7:9 7:12 10:23 11:22 12:17 haven't20:7 having5:25 17:23 hear 11:22 hearing3:1 6:1 13:18 16:5 16:11 16:20 19:14 21:13 24:9 hearings 21:7 21:19 help 20:23 helpful 22:21 hike 22:18 hire 7:24 hired 7:3 9:12 10:11US DOT vs Spirit Avionics Hearing August 27, 2014 VR # 1382-2 Page 31

history 22:8 hold22:8 holiday 5:23 6:7 13:4 home 21:22 Honor 3:8 3:11 3:19 3:22 4:13 5:22 6:23 7:1 7:20 10:20 12:24 13:7 13:9 13:23 14:20 15:14 19:5 19:8 20:12 22:5 22:8 23:24 hope 19:11 hotel 21:22 hour 21:9 22:15

I idea 22:24 ideally 5:6 8:4 I'll 6:17 6:17 10:13 11:21 14:5 15:17 15:25 16:18 19:22 20:3 20:19 I'm 3:11 3:16 3:22 5:25 6:2 6:4 7:12 8:13 8:17 10:23 11:22 12:10 12:17 12:24 13:25 14:5 15:25 16:8 18:14 18:16 20:18 23:13 important 24:3 include 8:5 indicate 10:24 indicated 4:23 10:22 information 7:7 8:16 19:21 initial 4:25 5:6 5:9 5:15 5:21 6:12 6:13 6:14 6:18 11:2 initiating 6:10 instructions 15:18 20:23 interim

16:2 involved 8:1 9:20 issue 10:8 18:22 18:23 issues 19:14 items 5:16 I've 5:12 9:4

J January 4:24 7:12 10:14 10:17 Jerry4:10 Judge 3:5 8:25 judgment 11:24 July 13:4 13:5 13:21 14:11 June 10:24 11:15 11:24 11:25 11:25 11:25 12:20 12:20 12:21 13:2

K Kate 4:8 9:25 23:8 kinds 13:17

L last 4:16 late 18:18 later 8:23 latest20:21 Leaving17:10 let's 6:10 11:17 13:1 13:4 13:21 15:7 16:5 17:3 17:7 19:2 20:3

Likewise 6:25 limine 19:12 line 3:6 lined 16:12 list18:9 18:10 19:11 litigation 4:7 4:17 8:20 9:9 15:18 20:4 20:20 little 4:19 6:1 7:9 8:17 11:15 17:15 18:21 22:3 long22:23 22:25 longer 16:23 Lord16:17 Ltd4:3 luck 20:25 lucky17:20 luggage 23:5 23:21 lunch21:9 22:15 lunchtime 22:10

M ma'am 3:16 Madame 3:24 mainly9:14US DOT vs Spirit Avionics Hearing August 27, 2014 VR # 1382-2 Page 32

March10:22 mark 20:5 marketplace 9:18 material 20:4 matter 4:3 4:18 9:14 matters 8:19 17:5 19:13 may 4:16 5:14 9:13 16:2 22:14 mean 8:13 14:3 22:18 23:9 mention 21:6 met4:16 mind5:24 minute 21:7 21:8 minutes 21:9 moment 14:13 20:16 Monday17:10 months 17:19 18:1 18:5 morning3:4 3:7 3:9 4:11 4:12 4:14 4:15 21:8 motion 11:2 11:3 11:7 11:23 13:3 18:24 20:2 motions 10:25 13:12 13:14 19:12 19:17 19:21 20:6 mumble 6:3 mutually 15:22 myself 3:23

N narrow19:14 necessarily 8:12 nine 21:19 normal 12:15 normally 4:25 note 19:22 nothing12:23 15:5 16:21 notice 17:18 November 7:10 7:16 10:12

O observer 3:18 obviously 15:15 23:1 October 16:9 17:8 17:9 17:9 17:10 17:24 21:4 office 19:24 Oh6:2 18:4 18:12 22:13 23:10 Ohio 17:14 17:22 21:5 okay 3:13 3:17 3:24 4:2 5:19 5:25 6:5 6:8 7:2 9:15 10:2 10:7 11:8 11:11 11:14 12:11 13:1 13:11 14:8 14:14 14:18 14:21 15:2 15:7 15:15 16:15 16:19 16:24 17:3 18:4 18:19 19:9 20:13 20:17 22:16 22:21 23:22 24:1 old16:16 onto 13:2 opinion 8:7 order 19:20 20:4 20:20 Oshkosh 13:24 14:2 14:6 Otherwise 8:10 ours 8:24

P pack 23:20

packable 24:2 package 5:14 particular 5:5 9:9 14:22 19:12 parties 4:6 past9:4 12:20 people 21:21 perhaps 7:10 16:22 period 8:3 13:22 person's 7:6 phone 21:11 picture 24:2 pieces 23:7 plaintiff 8:21 plan 13:4 17:7 19:2 21:24 planning7:25 play 7:9 playing 8:14 23:25 point10:17 police 22:11 portions 5:13 ports 9:19 position 11:12 possibleUS DOT vs Spirit Avionics Hearing August 27, 2014 VR # 1382-2 Page 33

15:17 preclude 19:16 prefer 5:23 6:7 preference 5:20 10:3 10:5 11:19 12:5 18:3 pre-hearing 13:16 20:6 prepare 19:19 presence 24:7 present4:9 4:10 presume 23:1 pretty22:17 prior 8:16 13:18 privately 21:16 probably 12:25 14:15 14:25 17:2 17:19 23:5 problem

11:16 14:19 problems 19:22 process 20:24 produce 8:22 8:24 provide 7:24 20:22 puts 10:16 14:7 putting18:25 Q qualification 8:6 question 3:21 11:1 23:5 questions 4:21 20:10 20:12 20:15 quickly 5:2 quite 7:21

R ready3:25 real 23:7 really22:9 reason 7:4 13:13 reasonable 8:15 12:8 recalled4:16 reconvened 4:6 record 4:2 24:8 regular 8:20 regularly8:1 releasable 5:13 removing9:17 reply11:4 11:7 11:18 11:19 12:1 12:6 12:14 13:5 report8:6 8:9 8:22 Reporter 3:16 3:25 4:1 Reporters 3:15 reports 7:22 resolve 17:5 resolved 16:21 Respondent 9:16 Respondent's 4:9 12:1 response 11:4 11:7 11:17 11:19 12:6 12:13 12:21 13:3 rest 21:11 restaurants 22:10 resume 7:6 8:5 retain 7:24 retained 7:3 10:11 rise 16:18 rooms 21:15 Rule 4:6 4:17 4:22 ruling 18:22 18:23 run 15:9 21:24 running6:15

S schedule 13:2 13:11 15:18 17:4 17:14 20:5 scheduling 4:7 15:25 second 14:15 security 22:22 22:23 seeing21:4 selling9:17 send19:20 20:19 September 5:8 5:9 5:20 5:20 6:17 6:19 19:3 19:3 19:9 serves 20:2 shock 16:9 shotgun 8:11 simply9:3 17:16 19:22 23:10 simultaneous 9:1 simultaneousl y9:5 10:6 sir 18:14 sit21:15US DOT vs Spirit Avionics Hearing August 27, 2014 VR # 1382-2 Page 34

sixty8:23 size 23:24 slice 17:6 small 23:20 someone 12:3 21:16 somewhere 12:22 14:11 sorry6:2 6:4 13:25 14:5 18:14 18:16 sort23:1 sounds 12:7 12:10 24:1 space 21:13 21:21 speak 6:3 specific 17:13 Spirit4:3 staggered 10:6 start6:19 15:9 21:19 starting6:12 8:16 11:18 14:21 16:19 17:24 statement8:7 station 22:12 status 13:16 stipulations 19:13 stop 21:19 street 22:12 22:20 strong11:12 submission 4:20 4:22 successful 21:17 suggestion 8:25 9:3 suggestions 7:13 11:22 Sullivan 3:5 summary 11:24 13:3 support20:2 sure 5:17 6:9 8:13 15:25 Suzanne 3:14

T taking23:14 talk 6:10 11:15 11:17 15:21 16:5 20:9 talked 20:22 talking23:23 teleconferenc e 3:1 24:9 telephone 4:9 4:10 13:12 Tennessee 16:17 terms 7:7 12:5 15:16 22:22 testimony7:8 7:24 8:1 thank 10:15 10:19 13:10 20:16 20:18 24:5 24:6 Thankfully 12:24 thereafter 12:15 There's 16:16 they're 22:18 22:19 22:20 thirty12:8threedimensional 24:4 Thursday 17:8 17:10 today3:18 4:5 20:7 20:19 today's 4:18 tomorrow 20:20 travel 17:11 17:12 traveling 23:13 trial 19:17 21:3 21:24 trouble 6:1 try 15:7 21:13 trying8:13 15:19 Tuesday 3:2 15:8 17:7 17:9 tweak 12:17 tweaked16:2 type 9:19 typically5:1 5:4 7:2 8:20 11:21 11:24 21:10 22:23

U U.S 21:14 22:8 unavailable 15:1 understand 7:21 24:3 understanding 12:3 unless 6:16 usually 21:7 utilize 7:25

V vacation 12:3 12:9 15:16 view24:4

W wait21:15 walking22:10 22:19 water 8:18 Wednesday4:5 15:1 17:7US DOT vs Spirit Avionics Hearing August 27, 2014 VR # 1382-2 Page 35

17:9 week 5:5 14:2 14:12 14:15 14:22 15:3 16:9 16:11 17:8 weekend 5:23 6:7 weeks 11:22 12:8 12:9 12:14 12:14 12:20 welcome 10:21 we'll 17:14 19:9 we're 4:2 21:17 23:5 23:23 we've 16:3 20:22 whatever 9:8 20:2 WHEREUPON 24:9 whole 5:13 16:1 whose 7:25 willing16:17 Wisconsin 14:6 wish 20:25 witness 7:24 8:5 8:6 19:10 witnesses 16:7 17:25 18:9 18:11 21:15 21:25 work 5:9 5:11 9:8 12:4 14:16 14:17 15:10 15:22 16:4 16:6 18:25 works 15:23 writing19:15 written 8:6

Y yet17:16 yourself 9:4