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 22656
US DOT vs Spirit Avionics Hearing August 27, 2014 VR # 1382-2 Page 2

1 APPEARANCES

2 ON BEHALF OF THE FEDERAL AVIATION ADMINISTRATION:

3 MS. KATE BARBER, ESQUIRE

4 FEDERAL AVIATION ADMINISTRATION, AGL-7

5 2300 EAST DEVON AVENUE

6 DES PLAINES, ILLINOIS 60018

7 TELEPHONE: 847.294.7862

8 FACSIMILE: 847.294.7498

9 KATE.BARBER@FAA.GOV

10

11 ON BEHALF OF THE RESPONDENT,

12 SPIRIT AVIONICS, LTD.:

13 JERRY A. EICHENBERGER, ESQUIRE,

14 EICHENBERGER & ASSOCIATES

15 6037 FRANTZ ROAD, SUITE 107

16 DUBLIN, OHIO 43017

17 TELEPHONE: 614.798.1600

18 FACSIMILE: 614.798.1620

19 JEICHENBERGER@EHLAWYERS.COM

20

21 ALSO PRESENT:

22 CODY L. SMITH

23

24

25
US 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 initial
US 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 a
US 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, Your
US 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 whose
US 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 be
US 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 a
US 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 did
US 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 that
US 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 you
US 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 two
US 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 together
US 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 any
US 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 your
US 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 witnesses
US 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 all
US 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.)

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1 STIPULATION

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3 The foregoing matter was taken on the date, and

4 at the time and place set out on the title page

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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

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IN WITNESS HEREOF, I have here unto set my hand 

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My Commission Expires: 

Suzanne W. Gonzales

8th

02/28/2018

September 2014
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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

22nd 11:25

12:20 12:21

13:2

23rd 11:25

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

accused 9:17

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

adopt 10:23

afternoon

20:20 21:8

against 9:12

agreed 19:12

ahead 17:19

18:1 19:18

air 14:6

airplane 23:8

allow 4:18

11:21

allowed 11:20

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

anything 20:8

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

August 3:2

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 4:3
US 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

biggest 23:5

bit 4:19

6:1 7:10

8:18

11:15 18:21

22:3

blackout

14:24 15:3

blocks 22:20

bracket 23:24

brackets 23:9

break 21:7

21:8

breaks 21:25

bulky 23:15

bunch 16:1

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

client 20:9

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

comment 7:21

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

contact 15:23

convert 13:15

coordinate

15:24

correct 18:9

County 3:14

couple 4:21

15:21

course 8:19

12:2 19:16

court 3:4 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 14:18
US 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

covered 5:15

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

decided 19:14

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

different 9:7

9:18

differently

6:16 11:10

difficult 8:9

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

docket 4:3

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

early 19:2

easier

19:18 20:23

easily 18:17

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 14:16
US 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

everybody 3:4

6:3 21:10

everybody's

12:18

exact 14:13

exactly 12:20

14:11

example 11:23

12:19

except 22:11

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

expert 7:7

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

fading 18:15

fairly 5:1

family 15:16

fault 9:19

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

first 9:25

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

Ford 16:17

forth 16:7

forward 21:4

Friday 17:11

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

getting 7:5

given 5:13

gives 21:10

giving 8:1

Gonzales 3:14

gourmet 22:11

grants 18:23

H

half 22:15

happy 7:9

7:12

10:23 11:22

12:17

haven't 20:7

having 5:25

17:23

hear 11:22

hearing 3:1

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 10:11
US DOT vs Spirit Avionics Hearing August 27, 2014 VR # 1382-2 Page 31

history 22:8

hold 22:8

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

Jerry 4:10

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

latest 20:21

Leaving 17:10

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

list 18:9

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

long 22:23

22:25

longer 16:23

Lord 16:17

Ltd 4:3

luck 20:25

lucky 17:20

luggage

23:5 23:21

lunch 21:9

22:15

lunchtime

22:10

M

ma'am 3:16

Madame 3:24

mainly 9:14
US DOT vs Spirit Avionics Hearing August 27, 2014 VR # 1382-2 Page 32

March 10:22

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

met 4:16

mind 5:24

minute 21:7

21:8

minutes 21:9

moment

14:13 20:16

Monday 17:10

months

17:19

18:1 18:5

morning 3:4

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

narrow 19:14

necessarily

8:12

nine 21:19

normal 12:15

normally 4:25

note 19:22

nothing 12:23

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

Oh 6:2 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

old 16:16

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

past 9:4

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

planning 7:25

play 7:9

playing

8:14 23:25

point 10:17

police 22:11

portions 5:13

ports 9:19

position

11:12

possible
US 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

present 4:9

4:10

presume 23:1

pretty 22:17

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

putting 18:25

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

ready 3:25

real 23:7

really 22:9

reason 7:4

13:13

reasonable

8:15 12:8

recalled 4:16

reconvened

4:6

record 4:2

24:8

regular 8:20

regularly 8:1

releasable

5:13

removing 9:17

reply 11:4

11:7

11:18 11:19

12:1 12:6

12:14 13:5

report 8:6

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

running 6:15

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

seeing 21:4

selling 9:17

send 19:20

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

simply 9:3

17:16 19:22

23:10

simultaneous

9:1

simultaneousl

y 9:5 10:6

sir 18:14

sit 21:15
US DOT vs Spirit Avionics Hearing August 27, 2014 VR # 1382-2 Page 34

sixty 8:23

size 23:24

slice 17:6

small 23:20

someone

12:3 21:16

somewhere

12:22 14:11

sorry 6:2 6:4

13:25

14:5

18:14 18:16

sort 23:1

sounds 12:7

12:10 24:1

space 21:13

21:21

speak 6:3

specific

17:13

Spirit 4:3

staggered

10:6

start 6:19

15:9 21:19

starting 6:12

8:16

11:18 14:21

16:19 17:24

statement 8:7

station 22:12

status 13:16

stipulations

19:13

stop 21:19

street

22:12 22:20

strong 11:12

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

support 20:2

sure 5:17 6:9

8:13 15:25

Suzanne 3:14

T

taking 23:14

talk 6:10

11:15 11:17

15:21

16:5 20:9

talked 20:22

talking 23:23

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

testimony 7:8

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

thirty 12:8

threedimensional

24:4

Thursday 17:8

17:10

today 3:18

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

trying 8:13

15:19

Tuesday 3:2

15:8 17:7

17:9

tweak 12:17

tweaked 16:2

type 9:19

typically 5:1

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

view 24:4

W

wait 21:15

walking 22:10

22:19

water 8:18

Wednesday 4:5

15:1 17:7
US 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

willing 16:17

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

writing 19:15

written 8:6

Y

yet 17:16

yourself 9:4