Where is the captain in all of this? Has the F/O consulted him. For sure he will be called to testify before any hearing. If it is this serious why are the pilots not joining forces in this suit, or is it that the captain represented himself at the FAA & thus had no costs? How come the FAA could not substantiate anything if Calgary also filed a report? There was written evidence of their observation. There seems to be a few hidden facts which would help clarify the matter.