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APARTMENT OF 

A:';sPORTAriON 

UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

\- 53 

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In the Matter of 

SAMUEL JOSEPH LATHAM 

Respondent. 

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FAA Docket No.: CP10WPf3009 

FAA Region: Western-Pacific 

Judge; Honorable Richard C. Goodwin 

DMS No. FAA-2010-0624 

OPPOSITION TO RESPONDENT'S MOTION 

F OR PROTECTIVE ORDER 

To: The Honoiable Richard C. Goodwin and to Respondent acting in pro per herein: 

COMES NOW, the Regional Counsel of the Western-Pacific Regioii of the 

Federal Aviation Administration (FAA), by and through his counsel, and files this 

Opposition to Respondent's Motion for Protective Order on grounds that Resp<jndent's 

Motion is devoid of any supporting evidence that the requested discovery would cause 

embarrassment and undue expense. 

BACKGROUND 

On September 10, 2010, the Complainant filed his First Set of Discovery tD 

Respondent seeking information regarding the identity of witnesses, testimony, 
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documents and other evidence to be presented by Respondent at the hearing in tliis case. 

Respondent's responses were due not later than October 15,2010. 

On October 18,2010, Complainant served his Motion to Compel Discovery 

Responses and Motion to Deem as an Admission of Truth Eacxh Statement in 

Complainant's Request for Admission. 

On November 10,2010, Administrative Law Judge Goodwin granted 

Complainant's motion and ordered Respondent to provide responses to Complairant's 

discovery not later than December 6, 2010-' 

On December 6,2010, Respondent, m lieu of complying with the Admini;>trative 

Law Judge's Order of November 10,2010, filed a motion for a protective order o i 

grounds that "it would cause embarrassment and undue expense." 

ARGUMENT 

Section 13.220(h) of the Rules of Practice [14 C.F.R. Section 13.220(h)] ;illows a 

party to file a protective order, but explicitly states that, "the party or person maki tig the 

motion must show that the protective order is necessary to protect the party or the person 

from annoyance, embarrassment, oppression, or undue burden or expense." Td. 

Here, Responsent has provided no evidence that he would be subjected to 

embarrassment or undue expense if he were to comply with the Administrative Law 

Judge's order. As indicated, the requested discovery merely seeks information retjarding 

the identity of his witnesses, testimony, documents and other evidence to be presented by 

* The Older also deemed that Respondent admitted each statement in Complainant's Reqeust for 

Admissions. 
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Respondent at the hearing in this case. Moreover, the requested discovery is intended to 

narrow the issues at hearing and to save the Court's time. 

Respondent's specious attempt to circumvent the Covirt's order to compK- with the 

discovery order by fihng for a protective order should not be rewarded by having it 

granted. Respondent has provided no evidence that he requires a protective order. For 

the the foregoing reasons, Respondent's motion should be summarily denied. 

Respectfiilly submitted, 

Naomi Tsuda 

Regional Counsel 

: January 18, 2011 
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CERTIFICATE OF SERVICE 

I hereby certify that on this date I have fexed and placed in the United States mail, 

postage prepaid, the executed original of the OPPOSITION TO RESPONT')ENT'S 

MOTION FOR PROTECTIVE ORDER, addressed as follows: 

The Honorable Richard C. Goodwin 

Administrative Law Judge 

Office of Hearings, M-20 

U.S. Department of Trasnportation 

1200 New Jersey Avenue, S.E. 

East Building Ground Floor, Room El 2-320 

Washington DC: 20590 

Facsimile: (202)366-7536 

Federal Aviation Administration 

800 Independence Avenuse, S,W. 

Washington DC 20591 

Attention: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building- Suite 2W1000 

Facsimile: (202) 493-5142 

I fiirther certified that on this date I have placed in the United States mail, postage 

prepaid, certified mail, return receipt requested, a copy of the above addressed to: 

Samuel Joseph Latham 

33690 Ahnond St. 

Wildomar, CA 92595 

Dated: Janaury 18,2011 

Agne VmesEbilan s e 

Legal Technician 

Office of the Regional Counsel 

Federal Aviation Administration 

Western-Pacific Region 

Hawthorne, California