UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

IN THE MATTER OF: 

Northeastern Aviation 

Corporation 

Respondent 

Tuesday, 

April 7, 2015 

FDMS No. 

FAA-2014-0812 

1 

The teleconference convened, pursuant 

to notice, at 1:40 p.m. 

BEFORE: 

THE HONORABLE J. E. SULLIVAN, 

Administrative Law Judge 

(202) 234-4433 

RECEIVED 

APR 2 2 2015 

HEARING DOC;i<E:T 

ORIGINAL 

NEAL R. GROSS 

COURT REPORTERS AND TRANSCRIBERS 

1323 RHODE ISLAND AVE., N.W. 

WASHINGTON, D.C. 20005-3701 www.nealrgross.com 
APPEARANCES: 

On Behalf of the Complainant: 

ZACHARY M. BERMAN, ESQ. 

of: Office of Regional Counsel, 

Eastern Region 

Federal Aviation Administration 

1 Aviation Plaza 

Jamaica, New York 11434 

718-553-3258 

718-995-5699 fax 

On Behalf of the Respondent: 

EDWARD J. LONGOSZ II, ESQ. 

2 

of: Eckert Seamans Cherin & Mellott, LLC 

12th Floor 

(202) 234·4433 

1717 Pennsylvania Avenue, N.W. 

Washington, D.C. 20006 

202-659-6619 

NEAL R. GROSS 

COURT REPORTERS AND TRANSCRIBERS 

1323 RHODE ISLAND AVE., N.W. 

WASHINGTON, D.C. 20005-3701 www.nealrgross.com 
3 

1 P-R-0-C-E-E-D-I-N-G-S 

2 1:40 p.m. 

3 ADMIN. JUDGE SULLIVAN: We're on the 

4 record ln the matter of Northeastern Aviation 

5 Corporation. This is Docket Number FAA-2014-

6 0812. 

7 Today is Tuesday, April 7, 2015. And 

8 the parties have convened by telephone for a 

9 litigation scheduling conference. 

10 The FAA is represented by its attorney 

11 of record, Mr. Zachary M. Berman. The 

12 Respondent, Northeastern Aviation Corporation, is 

13 represented by Mr. Edward J. Longosz, II. 

14 He's not present. And there ' s no 

15 explanation for his absence. 

16 I'll note that on January 28, 2015, 

17 there was a corrected Order Continuing Rule 16 

18 Litigation Scheduling Conference and Setting 

19 Motion Deadlines. Among other things, the 

20 Litigation Scheduling Conference, which had been 

21 set for February 10, 2015 at 10:00 a.m., was 

22 continued to today's date, April 7, 2015 at 1:30 

(202) 234·4433 

NEAL R. GROSS 

COURT REPORTERS AND TRANSCRIBERS 

1323 RHODE ISLAND AVE., N.W. 

WASHINGTON, D.C. 20005-3701 www.nealrgross.com 
4 

1 p.m. 

2 So, Mr. Berman, why don't I turn to 

3 you first because there was a Joint Proposed 

4 Scheduling and Discovery Plan filed in this case 

5 by the parties on March 26, 2015, pursuant to 

6 that Court Order, signed by both you and Mr. 

7 Longosz. 

8 Do you have any explanation or 

9 information about why he's not here this 

10 afternoon? 

11 MR. BERMAN: No. No, I don't. We 

12 haven't discussed the -- this in the past. 

13 And we didn't have any conversations 

14 about the conference being on this date. And he 

15 hasn't contacted me about it. 

16 ADMIN. JUDGE SULLIVAN: Okay. I'll 

17 note that the Court has not had any contact from 

18 Mr. Longosz about his inability to appear today. 

19 And the attorney with whom I work, Mr. 

20 Cody Smith, advised me before this conference 

21 started, that he had called Mr. Longosz' office 

22 and left a message reminding him of this 

(202) 234-4433 

NEAL R. GROSS 

COURT REPORTERS AND TRANSCRIBERS 

1323 RHODE ISLAND AVE .. N.W 

WASHINGTON. D.C. 20005-3701 www.nealrgross.com 
5 

1 conference. But was not able to reach anyone in 

2 person. 

3 So Mr. Berman, let me offer you some 

4 options. We can go forward today and set matters 

5 with the Court making a finding that Mr. Longosz 

6 has waived participation by his failure to 

7 appear. 

s We could alternatively also reset this 

9 matter and give Mr. Longosz an opportunity to 

10 appear and participate. There is a caveat that 

11 occurs today that is fairly unusual. 

12 This Court is located in Washington, 

13 D.C. and about 20 minutes ago we just lost all 

14 power ln the building. So, we have no 

15 electricity, no computers and actually no phone 

16 lines. 

17 So the Court's currently using its 

18 cell phone to connect to the conference line. 

19 I have reviewed the parties' proposed 

20 Schedule/Discovery Plan. And I have some 

21 alternate dates to offer you on some matters 

22 because the Court's calendar is not quite being 

(202) 234-4433 

NEAL R. GROSS 

COURT REPORTERS AND TRANSCRIBERS 

1323 RHODE ISLAND AVE, N.W. 

WASHINGTON. D.C. 20005-3701 www.nealrgross.com 
6 

1 in sync with the parties' calendar. 

2 If we talk about alternate dates and 

3 there's a date that you, Mr. Berman can't use or 

4 is inconvenient to you, I don't have access to my 

5 calendar to discuss any other dates at this time. 

6 So, it might be helpful for me to talk 

7 about the general time period. See what your 

8 interests are. Or if you prefer, we can just 

9 continue the matter. 

10 What's your preference? 

11 MR. BERMAN: I would prefer it to just 

12 continue the matter. Although I'd like to point 

13 out that according to our Joint Proposed 

14 Schedule, the discovery would start on May 4. 

15 So, I would say the sooner we 

16 reschedule the better as to make it consistent 

17 with the deadlines that we've proposed. 

18 ADMIN. JUDGE SULLIVAN: Sure. Right. 

19 Well, let me suggest something to you. I do not 

20 have access to my calendar at all because we 

21 don't have computer access right now. 

22 And so, I'm just thinking, what's your 

(202) 234-4433 

NEAL R. GROSS 

COURT REPORTERS AND TRANSCRIBERS 

1323 RHODE ISLAND AVE., N.W. 

WASHINGTON, D.C. 20005-3701 www.nealrgross.com 
7 

1 availability like next week for example? Do you 

2 have a preferred date sometime in the later part 

3 of next week? Or dates that would be workable 

4 for you? 

5 Because once we get our computers back 

6 and running, I can have Mr. Smith contact both of 

7 you and Mr. Longosz by email and just notify you 

8 of a new date and time. 

9 MR. BERMAN: Next week, which would be 

10 I would be available at anytime Wednesday, 

11 April 15, Thursday, April 16 or Friday, April 17. 

12 ADMIN. JUDGE SULLIVAN: Okay. Why 

13 don't we do this, and I I usually have a 

14 fairly good memory of my calendar. And 

15 unfortunately that doesn't seem to be working 

16 right now. 

17 Why don't we do this, why don't we 

18 plan on sometime on April 16, 2015. And just to 

19 be -- just to give you a default setting, what 

20 I'll do is I'll tentatively set it for 1:30 p.m. 

21 on April 16, 2015. 

22 

(202) 234-4433 

And if for some reason I have a 

NEAL R. GROSS 

COURT REPORTERS AND TRANSCRIBERS 

1323 RHODE ISLAND AVE., N.W. 

WASHINGTON, D.C. 20005-3701 www.nealrgross.com 
8 

1 conflict on that date, I'll ask Mr. Smith to let 

2 you know. In any event, as soon as our calendars 

3 are back up and we have electricity again, I'll 

4 have him email both you and Mr. Longosz to 

5 confirm the date and time. 

6 Would that work for you? 

7 MR. BERMAN: Yes. 

8 ADMIN. JUDGE SULLIVAN: Okay. Just so 

9 that you know as well, when I was looking at your 

10 materials and looking at my dates, your current 

11 proposed Schedule suggests a January 2016 date. 

12 And I was actually looking at the week of April 

13 25, 2016. 

14 And what I will do is, I will 

15 basically reserve that whole week for this case 

16 until I talk with you and/or Mr. Longosz at the 

17 next conference so that it doesn't get pushed out 

18 any further then that. 

19 MR. BERMAN: Okay. 

20 ADMIN. JUDGE SULLIVAN: And if, you 

21 know, obviously if you have troubles with that 

22 date, that week, we can talk about it at the next 

(202) 234-4433 

NEAL R. GROSS 

COURT REPORTERS AND TRANSCRIBERS 

1323 RHODE ISLAND AVE., N.W. 

WASHINGTON, D.C. 20005·3701 www.nealrgross.com 
9 

1 conference. 

2 MR. BERMAN: Okay. Actually I'm 

3 looking at I'm looking at I just Googled 

4 the Passover Holiday in 2016. 

5 ADMIN. JUDGE SULLIVAN: Is that during 

6 that week? 

7 MR. BERMAN: It comes out unusually 

8 late next year. 

9 ADMIN. JUDGE SULLIVAN: Okay. 

10 MR. BERMAN: So it's -- I'll not be 

11 available that week of April 25. 

12 ADMIN. JUDGE SULLIVAN: Okay So 

13 that's not a good time. 

14 MR. BERMAN: Right. 

15 ADMIN. JUDGE SULLIVAN: Okay. All 

16 right. Then we will be talking about a different 

17 time. 

18 I have a trial currently set in New 

19 York City. It may be one of your cases, April 5 

20 through April 7, 2016. 

21 Actually it's not one of your cases. 

22 It's a different administrativemodality. Excuse 

(202) 234-4433 

NEAL R. GROSS 

COURT REPORTERS AND TRANSCRIBERS 

1323 RHODE ISLAND AVE., N.W. 

WASHINGTON, D.C. 20005-3701 www.nealrgross.com 
10 

1 me. 

2 But, we'll be talking about a date 

3 different from the week of April 25. And I'll 

4 make a note that that's not going to be workable 

5 for you. 

6 MR. BERMAN: Okay. 

7 ADMIN. JUDGE SULLIVAN: Okay. I am so 

8 sorry that this didn't work out. I will look 

9 forward to talking with you and hopefully with 

10 Mr. Longosz as well on April 16, 2015, 

11 tentatively set at this time for 1:30 p.m. 

12 If the time needs to be changed, I'll 

13 be sure to let you know. 

14 MR. BERMAN: Okay, thank you. 

15 ADMIN. JUDGE SULLIVAN: With that, is 

16 there anything else I can take care of for you 

17 and your client today? 

18 MR. BERMAN: No, Judge. 

19 ADMIN. JUDGE SULLIVAN: Okay. Thank 

20 you very much. It appears our business is 

21 complete. 

22 

(202) 234-4433 

we can go off the record. 

NEAL R. GROSS 

COURT REPORTERS AND TRANSCRIBERS 

1323 RHODE ISLAND AVE., N.W 

WASHINGTON, D.C. 20005-3701 

And I'll 

www.nealrgross.com 
11 

1 wish you a good day. 

2 MR. BERMAN: Thank you and take care. 

3 ADMIN. JUDGE SULLIVAN: Thank you. 

4 Bye, bye. 

5 (Whereupon, the above-entitled matter 

6 went off the record at 1:50 p.m.) 

7 

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(202) 234-4433 

NEAL R. GROSS 

COURT REPORTERS AND TRANSCRIBERS 

1323 RHODE ISLAND AVE., NW. 

WASHINGTON, D.C. 20005-3701 www.nealrgross.com 
A 

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(202) 234-4433 

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13 

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Neal R. Gross and Co., Inc. 

(202) 234-4433 Washington DC www.nealrgross.com 
14 

C E R T I F I C A T E 

This is to certify that the foregoing transcript 

In the matter of: Northeastern Aviation Corporation 

Before: us DOT 

Date: 04-·07-2015 

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 

COURT REPORTERS AND TRANSCRIBERS 

1323 RHODE ISLAND AVE .. N.W. 

WASHINGTON, D.C. 20005-3701 www.nealrgross.com