UNITED STATES DEPARTMENT OF TRANSPORTATION

 OFFICE OF HEARINGS

IN RE: GLOBAL AIRCRAFT INTERIORS, INC.

CASE NO. FAA-2014-0324

_____________________________________________________

 HEARING BEFORE

 THE HONORABLE J.E. SULLIVAN

 TUESDAY, JUNE 30, 2015

 1:34 P.M.

 HISTORIC JORDAN SPRINGS

 1160 JORDAN SPRINGS ROAD

 STEPHENSON, VIRGINIA 22656
IN RE: GLOBAL AIRCRAFT INTERIORS June 30, 2015 VR # 1679-4 Page 2

1 APPEARANCES

2 ON BEHALF OF THE PLAINTIFF,

3 FEDERAL AVIATION ADMINISTRATION:

4 ZACHARY M. BERMAN, ESQUIRE

5 FEDERAL AVIATION ADMINISTRATION

6 OFFICE OF THE REGIONAL COUNSEL 1 AVIATION PLAZA

7 JAMAICA, NEW YORK 11434

8 TELEPHONE: 718.553.3258

9 FACSIMILE: 718.995.5699

10 EMAIL: ZACHARY.BERMAN@FAA.GOV

11

12 ON BEHALF OF THE DEFENDANT,

13 GLOBAL AIRCRAFT INTERIORS, INC.

14 ROBERT ROTH

15 PRO SE

16 GLOBAL AIRCRAFT INTERIORS, INC.

17 2075 SMITHTOWN AVENUE

18 RONKONKOMA, NEW YORK 11779

19 TELEPHONE: 631.981.8470

20 EMAIL: ROBERT@GLOBALAIRCRAFTINTERIORS.COM

21

22

23

24

25
IN RE: GLOBAL AIRCRAFT INTERIORS June 30, 2015 VR # 1679-4 Page 3

1 HEARING

2 TUESDAY, JUNE 30, 2015

3 1:34 P.M.

4 THE COURT: Good afternoon, this is Judge

5 Sullivan. Do I have Mr. Berman on the line?

6 MR. BERMAN: This is, this is Zach Berman.

7 THE COURT: Okay. And Mr. Robert Roth on

8 behalf of Global Aircraft Interiors.

9 MR. ROTH: Yes, I'm here, Judge.

10 THE COURT: Okay. And I should also have

11 Andrea Mikus from County Court Reporters?

12 COURT REPORTER: Yes, ma'am.

13 THE COURT: And, Ms. Mikus, are you ready?

14 COURT REPORTER: Yes, ma'am.

15 THE COURT: We're on the record ...

16 (WHEREUPON, an electrical issue affected the audio.)

17 THE COURT: ... 14-0324. Today is Tuesday,

18 June 30, 2015, and the parties have convened for a new

19 status conference on, in this action. Mr. Zachary M.

20 Berman is appearing on behalf of the complainant, the

21 Federal Aviation Administration, which I'll

22 hereinafter refer to as the FAA. The respondent,

23 Global Aircraft Interiors, Inc., is represented by its

24 lay representative, Mr. Robert Roth. Good afternoon to

25 you both.
IN RE: GLOBAL AIRCRAFT INTERIORS June 30, 2015 VR # 1679-4 Page 4

1 MR. BERMAN: Good afternoon, Judge.

2 THE COURT: I will simply note that we last

3 convened on Wednesday, May 20, 2015 for a telephone

4 conference. At that time, the parties agreed they

5 needed some additional time to discuss the status of

6 the case as well as settlement options. As a result,

7 on that same day, May 20, 2015, an order setting

8 deadlines and new status conference was filed. In

9 lieu of that May 20, 2015 order, the respondent was

10 directed to notify the FAA no later than May 22nd,

11 2015 by 5:00 p.m. regarding the status of its request

12 for additional materials from its accounting firm, and

13 then there were some other matters that were addressed

14 by that May 20, 2015 order as well. To utilize our

15 time as best we can, why don't we start with the May

16 22nd, 2015 deadline. Mr. Roth, were you able to

17 provide that status report to the FAA by that

18 deadline?

19 MR. ROTH: I was able to give information to

20 Mr. Berman by the time of, via email.

21 THE COURT: I'm sorry, by the what?

22 MR. ROTH: Via email. I apologize. I've

23 worked so much, I've lost my voice, so I have to

24 apologize.

25 THE COURT: Okay, so ...
IN RE: GLOBAL AIRCRAFT INTERIORS June 30, 2015 VR # 1679-4 Page 5

1 MR. ROTH: It was just starting to come back

2 today.

3 THE COURT: What's, so, you, you basically

4 complied with the May 22nd, 2015 deadline. Let's ...

5 MR. ROTH: That's correct.

6 THE COURT: ... talk about the June 5, 2015

7 deadline that's also contained in the May 20, 2015

8 order. Essentially, that June 5, 2015 deadline was

9 given to the client to provide any and all additional

10 materials it wished the FAA to consider in settlement

11 negotiations. Were you able to comply with that

12 deadline?

13 MR. ROTH: By June 5th, no, Judge. I went

14 in and spoke to Mr. Berman personally. I met with him

15 in his office. I don't recollect the actual date,

16 that conference that we had in person.

17 THE COURT: Okay. Well, why don't I turn to

18 Mr. Berman, then, and ask him to give me an idea what

19 the status of the case is. Mr. Berman?

20 MR. BERMAN: Yes, well, there was certain,

21 certain information that we, that we wanted to

22 evaluate the financial ability that Mr. Roth said he

23 could not provide, specifically tax returns. He said

24 there was a problem in obtaining copies of his most,

25 of his tax returns over the last couple of years. And
IN RE: GLOBAL AIRCRAFT INTERIORS June 30, 2015 VR # 1679-4 Page 6

1 I guess he could speak to this himself, because the

2 accountant has them, and he hasn't paid the

3 accountant, so he can't get them. And we also had the

4 discussion, and so, the way it is now, based on

5 financial information, I can't reduce our settlement.

6 I can't make our offer more favorable to Global

7 Aircraft than it was before, but we also discussed the

8 merits of the case, and he said, and Mr. Roth said

9 that, you know, even though the paperwork reflected

10 the training done, was done, he could perhaps produce

11 affidavits that the training was done. And he did

12 produce, over the last couple of days, I received an

13 affidavit, I think, there's one that I couldn't read,

14 but there's another one that, reflecting that one out

15 of the multiple employees cited in the complaint that

16 attested that, I forgot if it was a he or she,

17 received the training. But I'm not sure if that's

18 enough to satisfy us that training was done for, you

19 know, all these employees. So ...

20 THE COURT: So, essentially, if I look at

21 the complaint that was filed by the FAA on or about,

22 or issued, excuse me, by the FAA on or about June 13,

23 2014, on page 2 of that four-page complaint, it

24 indicates that there were seven employees that did not

25 receive training during the year of 2010. And those
IN RE: GLOBAL AIRCRAFT INTERIORS June 30, 2015 VR # 1679-4 Page 7

1 seven employees were named in paragraph 6 of, on page

2 2 of the four-page complaint. So, of those seven

3 employees, Mr. Berman, who have you received

4 affidavits from?

5 MR. BERMAN: Well, there was one named

6 Lorena Sakwakawa (phonetic). I'm not sure if I'm

7 pronouncing it correctly, but she writes a statement,

8 "In regard to the case listed above," referring to

9 this case, "to the best of my recollection, Mr. Robert

10 Roth provided the required repair station training in

11 the year 2010."

12 THE COURT: Okay, so you have one affidavit

13 from Ms. Sakwakawa, and then no affidavits from the

14 other six people who are identified by name on page 2

15 of the four-page complaint?

16 MR. BERMAN: I'd, except there was one that

17 he provided that he couldn't provide me with a legible

18 copy of. The person took a photograph and scanned it

19 to him, and it's just, I mean, he said he could not

20 send me a more legible copy.

21 THE COURT: Okay, well, then, that's no copy

22 at all if you can't read it. Mr. Roth?

23 MR. ROTH: Yes, may I jump in, Judge, and

24 say something at this time ...

25 THE COURT: Yes, please.
IN RE: GLOBAL AIRCRAFT INTERIORS June 30, 2015 VR # 1679-4 Page 8

1 MR. ROTH: ... if that's possible?

2 THE COURT: Yes.

3 MR. ROTH: There's also, they sent me

4 another letter on the people listed, a Murray Roth

5 (phonetic). I have a letter from him also stating,

6 and then also I have a letter from myself, which was

7 notarized as one of the people. I also have a letter

8 saying the information in regards to the merits of the

9 case, in regard to training. So, the only people I

10 was unable to get at this particular time, detours at

11 the time, was Jose Calle and Maria Ospina. I was able

12 to get from Loretta Segrilla (phonetic), Anthony

13 DiOrio (phonetic), Murray Roth, and Robert Roth.

14 THE COURT: Well, why doesn't Mr. Berman

15 have those, that material, too?

16 MR. ROTH: I know I did send them yesterday,

17 and I sent them via email.

18 MR. BERMAN: I have the one from, from

19 Robert, from Robert Roth, whose sitting in on this

20 conference.

21 MR. ROTH: And then, also, you should also

22 have the one I sent yesterday from, the one that you

23 were unable to read. There was 1-2, 2-2. One of

24 them, the one you were unable to read was Anthony

25 DiOrio, and the other one was Murray Roth. I have
IN RE: GLOBAL AIRCRAFT INTERIORS June 30, 2015 VR # 1679-4 Page 9

1 those letters in front of me also, and, I mean, I ...

2 THE COURT: And I'm going to note that Mr.

3 Roth and Mr. Berman have been talking to each other,

4 and I'm going to interject at this point. Mr. Roth,

5 let ...

6 MR. ROTH: Yes.

7 THE COURT: ... let's talk, let me ask you

8 to talk to me for a moment.

9 MR. ROTH: Mm-hmm (Indicating

10 affirmatively.)

11 THE COURT: So, according to you, you have

12 your own statement, because you're identifying

13 yourself as one of these employees. You have a

14 statement from Lorena Sakwakawa, a statement from

15 Murray Roth, and then a statement from Anthony DiOrio.

16 Is that correct? So, that's ...

17 MR. ROTH: That is correct, Judge.

18 THE COURT: So, that would leave three

19 people unaccounted for, those people being Jose Calle,

20 spelled C-A-L-L-E, LisaMarie Blumberg, LisaMarie being

21 all one word, Blumberg spelled B-L-U-M-B-E-R-G, and

22 lastly, Maria Ospina, spelled O-S-P-I-N-A. Do you

23 have declarations or statements from those three

24 people by any ...

25 MR. ROTH: No.
IN RE: GLOBAL AIRCRAFT INTERIORS June 30, 2015 VR # 1679-4 Page 10

1 THE COURT: Okay.

2 MR. ROTH: I was unable to get in touch with

3 those people. I do not have information. It's been

4 many years since they've worked for me.

5 THE COURT: Okay. This, these particular

6 allegations date to the year 2010. Do you recall, if

7 at all, when you last had contact with any of these

8 three individuals?

9 MR. ROTH: Yes.

10 THE COURT: Would you like to share that

11 with us?

12 MR. ROTH: I'm sorry, can you please repeat

13 that, Judge?

14 THE COURT: Would you like to share that

15 information ...

16 MR. ROTH: Yes.

17 THE COURT: ... with us?

18 MR. ROTH: Ms. Blumberg, I don't know

19 exactly, but it's been many years. I don't know,

20 could be four years from that nature. I don't ...

21 THE COURT: Okay, four years ago would have

22 been approximately 2011. Would that ...

23 MR. ROTH: Correct.

24 THE COURT: ... sound right? Okay. What

25 about Ms. Ospina?
IN RE: GLOBAL AIRCRAFT INTERIORS June 30, 2015 VR # 1679-4 Page 11

1 MR. ROTH: Approximately a year ago or so.

2 THE COURT: And a year ago from now would be

3 approximately 2014. Does that sound right?

4 MR. ROTH: Yes, that is correct.

5 THE COURT: And, lastly, what about Mr.

6 Calle?

7 MR. ROTH: I would say worked three years

8 ago, so 2012, I guess, or '13, in that range.

9 THE COURT: Okay. You've heard Mr. Berman

10 state that he cannot read the material that you sent

11 him from Mr. DiOrio. Do you have something that you

12 could resend that's more legible?

13 MR. ROTH: Unfortunately, the employee,

14 former employee does not have a fax machine at his

15 house or a scanner, so he was able to sign it and, and

16 take a picture, and I sent it to myself and printed it

17 out.

18 THE COURT: So, is that a no?

19 MR. ROTH: I mean, I can try again and maybe

20 just send it directly, rather than printing it, maybe

21 try emailing it and see if that might work.

22 THE COURT: Well, it's up to you, because

23 ...

24 MR. ROTH: Yes.

25 THE COURT: ... you're saying to Mr. Berman
IN RE: GLOBAL AIRCRAFT INTERIORS June 30, 2015 VR # 1679-4 Page 12

1 that you think this is information that will help

2 persuade him ...

3 MR. ROTH: Yes.

4 THE COURT: ... to settle with you. So, if

5 you think that's true, then it might be worth your

6 time to resend it so that he can ...

7 MR. ROTH: Okay.

8 THE COURT: ... read it.

9 MR. ROTH: Yes.

10 THE COURT: Okay.

11 MR. ROTH: It is being sent as we speak,

12 Judge.

13 THE COURT: Okay. Mr. Berman, let me turn

14 back to you. In terms of the status of the case, do

15 you think it would be helpful to give the parties a

16 little more time, or should we go ahead and start

17 setting this up for a new hearing date?

18 MR. BERMAN: Yes, I think at this point it'd

19 be helpful to give some, a little more time to try to

20 resolve it.

21 THE COURT: Okay. Is there any other

22 information that you can think of, Mr. Berman, that

23 you might need from Mr. Roth that would be helpful in

24 your private discussion?

25 MR. BERMAN: Well, as I told him, I would,
IN RE: GLOBAL AIRCRAFT INTERIORS June 30, 2015 VR # 1679-4 Page 13

1 you know, it would help if we could get affidavits

2 from as many people as he could, and if, the more

3 detailed they are, you know, the more convincing it

4 would be for me. But ...

5 THE COURT: When you say "more detailed,"

6 what kind of detail are you looking for? Because

7 you're dealing with a pro se litigant who may not

8 understand what that means.

9 MR. BERMAN: Yes, I understand that. For

10 example, this one affidavit that I was able to read

11 where she said the training that she says Mr. Roth

12 provided the required repair station training in the

13 year 2010, it'd be helpful if whoever writes these

14 affidavits could just give a little brief description

15 of what this training was and also to specify that it

16 was repair, it was training of, to be a, whatever, an

17 employee at Global Aircraft. You know, I can't really

18 put words in their mouths. I'm just, bottom line is

19 just, I'm looking for, the more detail the better, I

20 guess, as it pertains ...

21 THE COURT: And why don't I give an example,

22 if I may. Mr. Roth ...

23 MR. ROTH: Yes, Judge.

24 THE COURT: ... there's a difference in how

25 you can present information. For example, I could
IN RE: GLOBAL AIRCRAFT INTERIORS June 30, 2015 VR # 1679-4 Page 14

1 tell you that I went to a restaurant and ate dinner,

2 and that's one way of saying an event happened. It

3 gives you very little information about where I went,

4 when I went, if anyone went with me, or what I had to

5 eat and how much it cost. On the other hand, I could

6 say to you, "I went to dinner on November 10, 2015

7 with my good friend Bobby Jo. We went to a restaurant

8 called Husk in Charleston, South Carolina, and we ate

9 a shrimp appetizer, a Caesar salad, a fish entrand

10 shared a chocolate mousse for dessert. The bill came

11 to $29.50. We had a wonderful time." So, that also

12 tells you information, but it's much more specific.

13 MR. ROTH: Confirmed. I fully understand,

14 Judge.

15 THE COURT: Yes, so I think what Mr. Berman

16 is saying is that he would rather have a more specific

17 statement as opposed to a general statement, if you

18 can provide that.

19 MR. ROTH: Not a problem. I fully

20 understand, Judge.

21 THE COURT: Okay. Then, Mr. Berman, turning

22 back to you, how much more time do you think it would

23 be of help to the parties to allow you to chat

24 privately before we set a discovery and litigation

25 schedule?
IN RE: GLOBAL AIRCRAFT INTERIORS June 30, 2015 VR # 1679-4 Page 15

1 MR. BERMAN: I would say until the end of

2 July.

3 THE COURT: And, Mr. Roth, does that sound

4 reasonable to you as well?

5 MR. ROTH: Yes, I'm going, we're closing for

6 vacation the 23rd, I think it is, and we will not be

7 back until the 4th, if I'm remembering correctly.

8 THE COURT: Will you be able to get material

9 to Mr. Berman before the 23rd?

10 MR. ROTH: Yes.

11 THE COURT: Okay. Then what I'm going to do

12 is I'm going to set this matter back on my calendar

13 for early August, and at that point, I'm going to

14 presume that we're going to be setting a discovery and

15 litigation schedule, if you have not yet settled. So,

16 let's take a look at your calendars for the week of

17 August 10, 2015, and I'm going to turn to you first,

18 Mr. Berman. Other than Wednesday, I have the other

19 four days open. Do you have a preference?

20 MR. BERMAN: I'm open all week.

21 THE COURT: Okay. Mr. Roth, what about your

22 calendar? Do you have a preference?

23 MR. ROTH: I'm open at this particular time.

24 I'd prefer, if possible, not to have it on Monday the

25 10th, but any other day is fine.
IN RE: GLOBAL AIRCRAFT INTERIORS June 30, 2015 VR # 1679-4 Page 16

1 THE COURT: Okay. Well, then, why don't we

2 do this. Let's set this for Tuesday afternoon on

3 August 11, 2015, and let's keep this time, since it

4 seems to be successful, 1:30 p.m. eastern time for a

5 litigation scheduling conference. If you decide to

6 settle prior to that time, please let me know, and

7 then I would send out an order canceling this

8 particular conference. Mr. Berman, on your client's

9 behalf, is there anything else that we can address for

10 you today?

11 MR. BERMAN: No, Judge.

12 THE COURT: Okay. Mr. Roth, on your client's

13 behalf, anything we need to address for you today,

14 anything ...

15 MR. ROTH: Not at this time, Judge.

16 THE COURT: Okay. Then I will look forward

17 to talking with you both on Tuesday, August 11, 2015

18 at 1:30 p.m. eastern time. I wish you all the best in

19 your continued negotiations, and with that, we can go

20 off the record, and I wish you both a good day. Thank

21 you.

22 MR. ROTH: Thank you very much, Judge. Have

23 a great day yourself.

24 THE COURT: All right, thank you. Bye-bye.

25 (WHEREUPON, the Hearing was concluded at 1:54 p.m.)
IN RE: GLOBAL AIRCRAFT INTERIORS June 30, 2015 VR # 1679-4 Page 17

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IN RE: GLOBAL AIRCRAFT INTERIORS June 30, 2015 VR # 1679-4 Page 18

1 STIPULATION

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3 The foregoing matter was taken on the date, and at

4 the time and place set out on the title page hereof.

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6 It was requested that the matter be taken by the

7 reporter and that the same be reduced to typewritten

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CERTIFICATE OF REPORTER AND SECURE ENCRYPTED

I, Andrea F. Mikus, 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 record of same to the best of my 

This transcript and certificate have been digitally

 the action filed or its outcome.

 knowledge and ability; that there is no relation nor 

 parties hereto, nor financial or otherwise interest in

 employment by any attorney or counsel employed by the

Court Reporter

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 , .

Andrea F. Mikus

2ND JULY 2015
IN RE: GLOBAL AIRCRAFT INTERIORS June 30, 2015 VR # 1679-4 Page 20

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IN RE: GLOBAL AIRCRAFT INTERIORS June 30, 2015 VR # 1679-4 Page 21

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IN RE: GLOBAL AIRCRAFT INTERIORS June 30, 2015 VR # 1679-4 Page 22

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IN RE: GLOBAL AIRCRAFT INTERIORS June 30, 2015 VR # 1679-4 Page 26

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