UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS

IN THE MATTER OF: FELTS FIELD AVIATION, INC., Respondent

Friday, February 3, 2017 FDMS No. FAA-2015-3307 1

The teleconference convened, pursuant to notice, at 1:00 p.m.
BEFORE:

(202) 234-4433 THE HONORABLE J. E. SULLIVAN, U.S. Administrative Law Judge

NEAL R. GROSS COURT REPORTERSAND TRANSCRIBERS 1323 RHODE ISLANDAVE., N.W. WASHINGTON, D.C. 20005·3701 www.nealrgross.comAPPEARANCES:
On Behalf of the Complainant: FATIMAH STOKELY, ESQ. Federal Aviation Administration Office of the Chief Counsel Enforcement Division

- Western Team P.O. Box 920007 Los Angeles, CA 90009-2007 (310) 725-7112 (Tel) (310) 725-6818 (Fax)
On Behalf of the Respondent: BENJAMIN L. WYBORNEY, ESQ. MARK J. CONLIN, ESQ. of: Conlin, Maloney & Miller 421 

## w. Riverside Avenue Suite 911 Spokane, WA 99210 (509) 624-3020 (Tel) (509) 623-1650 (Fax) blw@cmmlawfirm.net mconlin@aviationlaw.com

ALSO PRESENT:
CODY L. SMITH Attorney Advisor Department of Transportation Office of Hearings

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1 P-R-0-C-E-E-D-I-N-G-S
2 1:01 p.m. 3 JUDGE SULLIVAN: We're on the record
4 in the matter of Felts Field Aviation. This 5 docket number FAA-2015-3307. Today is Friday, 6 February 3, 2017, and the parties have convened
7 for a scheduling conference. The Federal 8 Aviation Administration which I'11 hereinafter 9 refer to by its initials the FAA, is represented 10 by its attorney of record, Ms. Fatimah Stokely. 11 The respondent, Felts Field Aviation, 12 is represented by its co-counsel Mr. Mark J. 13 Conlin and Mr. Benjamin L. Wyborney. Counsel, 14 can you tell me who will be speaking on behalf of 15 your client today? 16 MR. WYBORNEY: Your honor, we, Ben 17 Wyborney. 18 JUDGE SULLIVAN: Okay, thank you very 19 much. Also present at the Office of Hearings, 20 sitting in as an observer only is Mr. Cody L. 21 Smith, an attorney advisor with this office. So, 22 good afternoon to you all.

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1 I'll note, what I'll do is I'll simply 2 note a little bit about why we're here today. 3 Essentially, on December 15, 2016, the parties 4 convened by telephone for a continued motion 5 conference and during that motion conference, the 6 parties' calendars were consulted and the parties 7 were directed to appear for their scheduling 8 conference, today, Friday, February 3, 2017 for 9 continued discussions about the case, including 10 discussions about re-setting some dates that have 11 been cancelled by a court during that December 12 15, 2016 motion conference. 13 Since December 15, 2016, there have 14 been some additional filings which we '11 talk 15 about today. On January 17, 2017, the respondent 16 filed the Respondent Motion to Dismiss. On 17 January 24, 2017, the FAA filed the Complainant's 18 Opposition to Respondent's Motion to Dismiss. 19 Court record shows that on January 26, 20 2017, an order granting in part and denying in 21 part the Respondent's Motion to Compel was filed. 22 And this particular order simply codified and

(202} 234-4433 NEAL R. GROSS COURT REPORTERSAND TRANSCRIBERS 1323 RHODE ISLANDAVE., N.W. WASHINGTON, D.C. 20005-3701 WNW.nealrgross.com5 1 supplemented the oral rulings contained in the 2 December 15, 2016 motion conference transcript. 3 On that same day, on January 26, 2017,
4 the FAA also filed with this court the 5 Complainant's calculation of the Proposed Civil 6 Penalty. And, then subsequently, on January 31, 7 2017, the respondent filed a Motion to Dismiss 8 comma Supplemental Brief which I'll hereinafter 9 refer to simply as the Supplemental Brief. 10 So, Ms. Stokely, starting with you, is 11 there anything else that's been filed by the FAA 12 since December 15, 2016 that the court has not 13 referenced? 14 MS. STOKELY: No, your honor, but 15 Calculation of the Proposed Civil Penalty was 16 filed on January 17th. 17 JUDGE SULLIVAN: It was not, counsel. 18 And we can talk about that in just a moment. Mr. 19 Wyborney, do you have anything else that the 20 Respondent has filed with the court that the 21 court has not yet referenced? 22

(202) 234-4433 MR. WYBORNEY: No, your honor.

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1 JUDGE SULLIVAN: Okay. Then, let's 2 just talk about the filing date for the 3 Calculation. Counsel, essentially the only thing 4 we received from the FAA was the mailed copy of 5 the Complainant's Calculation of Proposed Civil 6 Penalty and I do note that your certificate of 7 service indicates that it was sent to us by fax, 8 but we did not receive a fax. 9 Do you have in any way a copy of your 10 fax notification that you can provide to us? 11 Because if somehow somebody picked this up from 12 our fax machine and didn't give it to me, I need 13 to know that. 14 MS. STOKELY: I can talk to my 15 paralegal, your honor, and ask her to provide 16 that, but I know that the Respondent has stated 17 that they received the Agency's calculation of 18 the proposed civil penalty on January 17th as 19 well. And so they were -- 20 JUDGE SULLIVAN: Okay, I'm going to 21 interrupt you. What the respondent got versus 22 what was filed with the court are two different

(202) 234-4433 NEAL R. GROSS COURT REPORTERSAND TRANSCRIBERS 1323 RHODE ISLANDAVE., N.W. WASHINGTON, D.C. 20005-3701 www.nealrgross.com7 1 things. So, I'm just telling you that the court 2 filing, the first filing we received from the 3 FAA, at least according to the court's record, 4 was on January 26, 2017 and it was by mail only. 5 So, yes, if you could talk to your 6 assistant, if it's not in your file right now, 7 and see if there is a fax confirmation of sending 8 it to the court on January 17, 2017, that would 9 be very helpful. But, until I receive some 10 notice of that, the record will still basically 11 comport with what the court's current record 12 shows which is a filing on January 26, 2017. 13 And, that's with the court. 14 MS. STOKELY: Ok, your honor. 15 JUDGE SULLIVAN: Okay. So, let's talk 16 a little bit about the respondent's motion that 17 was filed on January 17, 2017 versus the 18 respondent's supplemental brief that was filed on 19 January 31, 2017. And, I think we need to 20 address a distinction between the January 17, 21 2017 motion and the January 31, 2017 supplemental 22 brief.

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1 Essentially the motion that was filed 2 on January 17, 2017, appears to have sought 3 dismissal. And, that was the only requested 4 relief from the respondent at that time. And, 5 then on January 31, 2017, the respondent's 6 supplemental brief amended the January 17, 2017 7 motion by adding an alternative motion to the 8 respondent's request. That being specifically 9 preclusion of evidence if full dismissal was not 10 authorized.
11 Mr. Wyborney, is that generally a 12 correct statement of what the respondent did in 13 those two filings? 14 MR. WYBORNEY: Yes, your honor. 15 JUDGE SULLIVAN: Okay. Then, Ms. 16 Stokely, the question becomes, do you want 17 additional time to respond in writing to the 18 alternate motion that's contained in the January 19 31, 2017 supplemental brief, or do you want to 20 simply respond to it orally today? And, it's up 21 to you. The court takes no position. 22

(202) 234-4433 MS. STOKELY: No, I'll respond in

NEAL R. GROSS COURT REPORTERSAND TRANSCRIBERS 1323 RHODE ISLANDAVE., N.W. WASHINGTON, D.C. 20005-3701 www.nealrgross.com9 1 writing. 2 JUDGE SULLIVAN: Okay. Well, the last 3 day for you to file something with this court 4 would be, according to my calculations, next 5 Friday, February 10, 2017. Is that correct 6 according to your calculations?
7 MS. STOKELY: Yes, your honor.
8 JUDGE SULLIVAN: Okay. Then, let's 9 plan on hearing from the FAA in writing on or 10 before February 10, 2017 to the alternative 11 motion that was included in the respondent's 12 January 31, 2017 supplemental brief. 13 And, Ms. Stokely, since you're going 14 to be submitting something in writing to the 15 court and to the other side next Friday, let's 16 use that as the same date for you to provide any 17 proof of fax confirmation of your calculation of 18 the proposed civil penalty which the court 19 received by mail on January 26, 2017. 20 MS. STOKELY: Okay, your honor. 21 JUDGE SULLIVAN: Okay. So, with that, 22 Mr. Wyborney, we may be able to at least address

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1 the motion to dismiss today. And I 'm going to 2 give you, since the FAA has already responded to 3 that, so I would like Mr. Wyborney, if you would 4 be so kind as to just take a few minutes to 5 highlight anything you would like to say about 6 that motion to dismiss before I turn to the FAA 7 for its response. 8 MR. WYBORNEY: Your honor, we look at 9 the information provided by the FAA. We found it 10 substantively non-production, even if they did 11 produce a document with the correct title, we 12 feel that document is unresponsive and is 13 equivalent, is tantamount to a failure to 14 produce. 15 JUDGE SULLIVAN: Anything else you'd 16 like to say? 17 MR. WYBORNEY: No, not at this time, 18 your honor. Thank you. 19 JUDGE SULLIVAN: Well, let me ask you 20 a question, then. You're moving for dismissal, 21 and we're only going to talk about the dismissal 22 portion of this motion, you're moving for

(202) 234-4433 NEAL R. GROSS COURT REPORTERS ANDTRANSCRIBERS 1323 RHODE ISLANDAVE., N.W. WASHINGTON, D.C. 20005-3701 www.nealrgross.com11 1 dismissal and the motion appears to be based on 2 not only discovery failures, but failures in 3 general.
4 And, I'm looking specifically at the 5 January 17, 2017 motion on page seven of the
6 seven-page document. And you identify at the 7 last full paragraph quote, the FAA' s repeated 8 failures to meet deadlines and to comply with 9 this court's orders, end quote and so forth, and 10 you talk about how these violated your rights to 11 due process in discovery, violated your client's 12 rights to speedy litigation essentially and 13 caused unnecessary attorney's fees. 14 Where in the rules of practice are you 15 focusing on reading or directing the court for 16 granting your motion for dismissal because it 17 appears to me that you're asking the court to do 18 something that it may not be able to do based on 19 what's been presented. 20 MR. WYBORNEY: Your honor, I think you 21 should have the authority to dismiss the case at 22 14 C.F.R. Section 13.218(f) (2).

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1 JUDGE SULLIVAN: Okay, so under the 2 general motion for dismissal regulation? 3 MR. WYBORNEY: Yes, your honor. And, 4 then also, I don't have the exact reference 5 pulled up in front I can get it for you, just a 6 second, one of your authorities as the 7 Administrative Law Judge overseeing the case is 8 you have the authority to grant motions.
9 JUDGE SULLIVAN: That's absolutely 10 true. Anything else that you would like to say 11 in support of the request for a full dismissal of 12 the case? 13 MR. WYBORNEY: Oh, your honor, one of 14 the things I would like to observe is there is 15 nearly a nine-month delay for interrogatories. 16 That delayed the case. We've been arguing about 17 this discovery issue now for basically six 18 months. 19 This is delaying the case. My client 20 is absolutely being denied due process in that 21 there's been months, nearly a year of delays, 22 that is not his fault.

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1 JUDGE SULLIVAN: Anything else? 2 MR. WYBORNEY: No, your honor. 3 JUDGE SULLIVAN: Okay. Ms. Stokely, 4 let's turn to you. What response do you have to 5 the motion for dismissal as a solution to what 6 the respondent says is the FAA's failure to 7 properly litigate this case?
8 MS. STOKELY: Your honor, on January 9 17, 2017 the Agency provided the respondent with 10 its calculation of the proposed civil penalties 11 pursuant to your verbal order that you gave us on 12 December 15, 2016. The agency provided the 13 respondent with the facts, data, and opinions 14 utilized by the FAA to support its sanction 15 against the respondent. 16 And, so it is the agency's position 17 that the respondent's motion should be denied. 18 JUDGE SULLIVAN: You've heard Mr. 19 Wyborney talk about, both orally and in his 20 material, about the delays that have occurred 21 throughout this process and you've seen him 22 assert that the respondent has had to pay money

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1 for pleadings and litigation costs that should 2 not have happened. What is your response to 3 that?
4 MS. STOKELY: Your honor, the 5 respondent has not been prejudiced by these 6 delays. Since I've taken over this case in July, 7 I don't believe there's been unnecessary delays. 8 Each delay has been as a result of 9 motions filed by the respondent and it just takes 10 time to litigate a case and every time they file
11 a motion, we have to reply. That's how things 12 work procedurally. 13 JUDGE SULLIVAN: Well, I do and I 14 think we all do and ideally when a litigant 15 receives requests for discovery, the litigant 16 responds within the 30 days it's provided by the 17 FAA's rules of practice. If the litigant needs a 18 protective order of some kind, the litigant files 19 one in a timely manner. If there are disputes 20 between the parties, presumably the party who is 21 being asked for a response, responds in a timely 22 fashion.

(202) 234-4433 The party appears for court when it's

NEAL R. GROSS COURT REPORTERSANDTRANSCRIBERS 1323 RHODE ISLANDAVE., N.W. WASHINGTON, D.C. 20005-3701 WW"W.nealrgross.com15 1 directed to and so forth. 2 And, I think one of the things that 3 the respondent is highlighting in his motion is
4 that there appears to be based on the record 5 before the court a problem evinced former counsel 6 certainly in the FAA's proceedings in this 7 particular case and a resistance by current 8 counsel to provide information willingly. And,
9 so do you have any response to those concerns at 10 least that have been raised by this current 11 motion for dismissal? 12 MS. STOKELY: Yes, your honor. I, 13 once again the Agency apologizes for any delays 14 that occurred because of previous counsel. But, 15 moving forward, I definitely intend on being 16 cooperative and meeting all deadlines and I, the 17 Agency's counsel right now, me speaking, I'm not 18 resisting respondent's request for information. 19 A lot of times they have very 20 convoluted requests and so it's very hard for me 21 to understand exactly what they're seeking and I 22 know we had a discussion regarding privileged

(202) 234-4433 NEAL R. GROSS COURT REPORTERSANDTRANSCRIBERS 1323 RHODE ISLANDAVE., N.W. WASHINGTON, D.C. 20005-3701 www.nealrgross.com16 1 information, but once that was fleshed out, the 2 Agency has been more than willing to be 3 responsive to any requests from respondent. 4 JUDGE SULLIVAN: Okay, thank you. Mr. 5 Wyborney, this is your motion. In terms of the 6 motion for dismissal as a remedy, is there 7 anything else that you would like to add?
8 MR. WYBORNEY: Yes, your honor. My
9 client has basically been paying attorney's fees, 10 for what, 15 extra months, certainly for the last 11 six months, over something that the FAA should 12 have produced. 13 We asked very clearly and very 14 concisely for that information. I don't believe 15 there's any convolution in the request. I just, 16 I patently reject that. That the FAA is 17 forthcoming with the information, I patently 18 reject that in my supplemental brief to this 19 motion to dismiss. Even in our conversation on 20 January 25 when we discussed with the FAA counsel 21 that we didn't find their production 22 satisfactory, they're like nope, we don't give

(202) 234-4433 NEALR. GROSS COURT REPORTERS ANDTRANSCRIBERS 1323 RHODE ISLANDAVE., N.W. WASHINGTON, D.C. 20005-3701 www.nealrgross.com17 1 that information out. 2 Your honor, I just cannot agree that 3 the FAA has been cooperative at all. They don't 4 produce what should have been disclosed items. 5 JUDGE SULLIVAN: Okay, thank you very 6 much. What I'm going to do is this. I am going 7 to find that the motion to dismiss must be denied 8 because there has been rulings by the FAA 9 administrator as recently as 2012 in which the 10 FAA administrator has noted that in cases like 11 this one, particularly when discovery is at 12 issue, the rules of practice do not specify that 13 the court may issue an order of dismissal of the 14 entire case. 15 Rather, the rules specify that the 16 court should be utilizing sanctions that are 17 specifically found, and I'm going to pull this 18 section up, 14 C.F.R. Section 13.217 subsection F 19 as in Frank. This is also provided for, again, 20 in 14 C.F.R. Section 13.221, subsection N as in 21 Nancy and we haven't addressed those at all in 22 this particular case, particularly regarding the

(202) 234-4433 NEALR. GROSS COURT REPORTERSAND TRANSCRIBERS 1323 RHODE ISLANDAVE., N.W. WASHINGTON, D.C. 20005-3701 www.nealrgross.com18 1 response of the FAA, the FAA had to the court's 2 order to compel. 3 And, I think the court must, as the 4 parties must, be looking at those remedies, which 5 are far more proportional in this court's
6 opinion, to whatever allegation that the 7 respondent is now making about that material 8 rather than entering a full dismissal of the 9 entire case. 10 So, the portion of the amended motion 11 that the respondent filed on January 31, 2017 in 12 its supplemental brief renewing its request for 13 dismissal of the entire case is respectfully 14 denied. The portion of the supplemental brief 15 that seeks an alternate remedy, specifically 16 preclusion is reserved since the FAA has not had 17 a chance to respond specifically to that and has 18 until February 10, 2017 to do so. 19 So, let's talk then, about what we had 20 hoped to accomplish at this particular 21 conference. We had talked on December 15, 2016, 22 about

(202) 234-4433utilizing this conference

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1 deadlines for exchanging witness lists, 2 determining whether or not depositions needed to 3 be done, talking about setting up a dispositive 4 motion schedule and also taking a second look at 5 our June 2017 reserved date for hearing to see if 6 those would still work.
7 And, we can either do that today, if 8 both parties are comfortable, or, and I hesitate 9 to make this suggestion, but I will, we can put 10 that and re-schedule a conference shortly after 11 February 10, 2017, for any oral argument on the 12 alternate motion and for a continuation to try 13 and address these issues about how close the 14 parties are to have a hearing or not. 15 Mr. Wyborney, I'm going to turn to you 16 first about your preferences. What would you 17 like to do today? 18 JUDGE SULLIVAN: Your honor, right 19 now, we would like to have a second hearing as 20 you suggest before we try to schedule anything. 21 For instance, the example of scheduling 22 depositions, really without the information we've

(202) 234-4433 NEALR. GROSS COURT REPORTERSAND TRANSCRIBERS 1323 RHODE ISLANDAVE., N.W. WASHINGTON, D.C. 20005-3701 www.nealrgross.com20 1 requested, I'm not sure if we need a deposition 2 and if we did schedule one, I'm not sure I could 3 ask an informed question without the discovery 4 items that have been denied to me. 5 JUDGE SULLIVAN: Ms. Stokely, any 6 disagreement with putting the rest of the 7 discussion matters until after February 10, 2017?
8 MS. STOKELY: Yes, your honor. The 9 Agency is ready to schedule things today if 10 possible and the respondent complains about this 11 case being delayed, but it seems like they're 12 dragging their feet as well. 13 JUDGE SULLIVAN: Well, let me ask you 14 this, if counsel tell, explain to me anyway, how 15 the respondent could make decisions about who and 16 what, who to depose and what questions to ask if 17 there is still a dispute between the parties 18 about the evidence supporting the proposed 19 sanctions? 20 MS. STOKELY: Your honor, the Agency 21 has clearly laid out who they anticipate on 22 calling as witnesses and who and people who have,

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1 individuals who have relevant information 2 regarding this case. 3 Additionally, the Agency has clearly
4 laid out its sanction calculations. If the 5 respondent would prefer for the Agency to 6 reorganize this calculation so that it puts 7 provisions under headings, then we can do that as 8 well so they can better understand the sanction
9 calculation, but I'm unclear exactly what the 10 respondent seeking at this point.
11 JUDGE SULLIVAN: Did you read the 12 respondent's supplemental brief? 13 MS. STOKELY: Yes, your honor. I did 14 their supplemental brief and I was confused as to 15 what they were seeking. 16 JUDGE SULLIVAN: Okay. Well, let's 17 make sure that everybody's on the same page about 18 what the FAA's going to file for a response. The 19 FAA has until February 10, 2017 to file a written 20 response to the respondent's motion for 21 preclusion of evidence. 22 So, essentially the FAA is going to

(202) 234-4433 NEAL R. GROSS COURT REPORTERSANDTRANSCRIBERS 1323 RHODE ISLANDAVE., N.W. WASHINGTON, D.C. 20005-3701 www.nealrgross.com22 1 advise me and the respondent what caselaw or 2 other legal authority it wants to cite that would 3 support opposition to the motion for preclusion. 4 This presumably is not a time for the FAA to file 5 a second calculation. It's a time for the FAA to 6 defend the calculation it did provide in response 7 to the court's order compelling the FAA to 8 provide the information.
9 Number two, I would agree with the 10 respondent that there has to be a decision about 11 the scope of the FAA's evidence in support of its 12 case-in-chief before the respondent can 13 reasonably make determinations about who to 14 depose and the scope of the deposition testimony. 15 Those two things do go together. 16 The fact that the parties are in 17 dispute about that particular portion of the 18 FAA's case-in-chief is not insignificant and it 19 is not a problem to lay on the respondent's 20 doorstep simply because the respondent is taking 21 its full use of its right to complain about 22 something it believes was incomplete.

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1 The respondent is utilizing the rules 2 of practice as the FAA has encouraged all 3 litigants to do and neither this court nor the 4 FAA should call foul against the respondent for 5 doing so. 6 I think we can however, get together 7 very shortly after February 10, 2017 so that we 8 can finalize some decisions on that point and try 9 and get the parties back into a litigation 10 schedule that efficiently uses everybody's time 11 with limited resources expended from there going 12 forward. Because I don't want either the 13 respondent or the FAA to be looking at greater 14 expense when lesser expenses are possible. 15 So, let's take a look at our calendar 16 and let's assume that the FAA will be filing by 17 fax and perhaps by e-mail to the respondent, that 18 was lovely to see. It's material that has a 19 February 10, 2017 due date. 20 That puts us into the week of February 21 13th, and I'm wondering, starting with you Mr. 22 Wyborney, if

(202) 234-4433 there's a particular day on

NEAL R. GROSS COURT REPORTERSAND TRANSCRIBERS 1323 RHODE ISLANDAVE., N.W. WASHINGTON, D.C. 20005-3701 wwvv.nea!rgross.com24 1 February, in the week of February 13, 2017 that 2 might work for your client to return for a one3 hour conference.
4 MR. WYBORNEY: Your honor, I have an 5 appointment on February 14th, however the rest of 6 the week is available.
7 JUDGE SULLIVAN: Ms. Stokely, turning 8 to you, same question.
9 MS. STOKELY: I'm available February 10 13th and 15th.
11 JUDGE SULLIVAN: Okay. And my 12 recollection of you both is that you're on the 13 west coast so does the time period of between one 14 and two o'clock eastern time still work for you, 15 Mr. Wyborney? 16 MR. WYBORNEY: Yes, your honor. 17 JUDGE SULLIVAN: And, Ms. Stokely? 18 MS. STOKELY: Yes, your honor. 19 JUDGE SULLIVAN: Let's try for 1:30 on 20 Wednesday, February 15, 2017 for a motion and 21 scheduling conference on this case and what we'll 22 do is we'll start off with any oral argument, if

(202) 234-4433 NEAL R. GROSS COURTREPORTERS AND TRANSCRIBERS 1323 RHODE ISLANDAVE., N.W. WASHINGTON, D.C. 20005-3701 www.nealrgross.com25 1 there is any, on the reserved portion of the 2 respondent's July 30, I'm sorry, January 31, 2017 3 supplemental brief which requests an alternate 4 remedy of preclusion of evidence.
5 And, then after we take care of that 6 particular issue, then we'll go back into looking 7 at the June 2017 reserve date that are on 8 everybody's calendar for the hearing and just to 9 remind you, that is the week of June 19, 2017, 10 specifically. 11 We'll talk about whether or not that 12 time period is still available and in the mean 13 time, I will see if we can get a courtroom if 14 possible for that time period so that when we 15 reconvene on February 15, 2017, I can then assure 16 you that that's a possibility to consider. 17 And, then we can also talk about 18 whether or not there is a possibility prior to 19 that for filing summary judgment motion, doing 20 depositions, or any of the other pre-litigation 21 work that parties like to do, sometimes feel is 22 necessary to do, prior to convening for an actual

(202) 234·4433 NEAL R. GROSS COURT REPORTERS ANDTRANSCRIBERS 1323 RHODE ISLANDAVE., N.W. WASHINGTON, D.C. 20005·3701 www.nealrgross.com26 1 hearing.
2 With that, Ms. Stokely, on behalf of 3 the FAA, is there anything else we need to 4 address for your client today? 5 MS. STOKELY: No, your honor.
6 JUDGE SULLIVAN: Okay, Mr. Wyborney, 7 same question to you, sir.
8 MR. WYBORNEY: No, your honor.
9 JUDGE SULLIVAN: Okay, then I will 10 look forward to speaking with you all on 11 Wednesday February 15, 2017 at 1:30 p.m. Eastern 12 time which according to my calculations is 10:30 13 a.m. Pacific time. 14 With that, I'm going to wish you all 15 a good weekend and we can go off the record at 16 this time. Thank you. 17 (Whereupon, the above-entitled matter 18 went off the record at 1:34 p.m.) 19 20 21 22

(202) 234-4433 NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLANDAVE., N.W. WASHINGTON, D.C. 20005-3701 www.nealrgross.com27 A argument19:11**~ "~"-"'** ______ 6:3,5,17 9:17 complains20:10 a.m26:13 24:22 13:10 21:6,9 22:5 comply11:8 able9:22 11:18 asked 14:21 16:13 22:6 comport7:11 above-entitled asking 11:17 calculations9:4,6 concerns15:9

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Neal R. Grossand Co., Inc. Washington DC 32

www.nealrgross.com33
C E R T I F I C A T E

This is to certify that the foregoing transcript

In the matter of: Felts Field Aviation, Inc.

Before: U.S. Dept of Transportation Office of Hearings

Date: 02-03-17

Place: Teleconference

was duly recorded and accurately transcribed under my direction; further, that said transcript is a true and accurate record of the proceedings.

(202)234·4433 Court Reporter

NEAL R. GROSS COURTREPORTERSANDTRANSCRIBERS 1323RHODE ISLANDAVE,N.W. WASHINGTON, D.C. 20005·3701 www.nealrgross.com