Jeffrey M. Harper 

FAA Office of Regional Counsel 

1601 Lind Avenue Southwest 

Renton, Washington 98057 

T (425) 227-2161 

F (425) 227-1007 

RECE\VED ~.:'"' n" 20\5 h'.Jd u .J 

HEARING DOCKET 

UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

In the Matter of: 

!XL Premium Lubricants, Inc .. 

FAA Case No. 2014NM720059 

DMS No. FAA-2015-0634 

Judge: Richard C. Goodwin 

COMPLAINANT'S SECOND DISCOVERY REQUEST 

To Respondent: 

In accordance with 14 C.F.R. § 13.220 and the Federal Rules of Civil Procedure, please 

respond to the following Interrogatories, Requests for Production of Documents, and 

Request for Admissions, separately and fully under oath by August 26, 2015. 

These discovery requests are intended to discover information and/or documents not only 

within your personal knowledge or obtainable by you, but also information in the possession 

of or obtainable by your attorneys, investigators, representatives, employees, agents, or 

anyone acting on your behalf or on their behalf. 

These discovery requests are continuing in nature and any information which may be 

discovered by you subsequent to the service and filing of your answers must be brought to 

the attention of the agency attorney through supplemental answers when it becomes 

available to you, at a reasonable time prior to the hearing in this matter. If there are any 

additions, deletions or cbanges in the answers or information provided at any time prior to 

the hearing Respondent is specifically requested to so immediately inform the agency 

attorney. If such information is not furnished, the agency attorney at the time of the hearing 

will move to exclude from evidence such information requested and not furnished. 

These discovery requests are in addition to the requests served on !XL Premium Lubricants 

on June 2, 2015. 
The agency attorney further requests that the Respondent produce the documents identified 

and designated herein for inspection and copying at the Federal Aviation Administration 

(FAA) Office of Regional Counsel, Suite 570, 1601 Lind Avenue, Southwest, Renton, 

Washington 98057, by August 26, 2015. 

Privilege 

If, in responding to, or failing to respond to these Interrogatories, Requests for Admission 

and Requests for Production you invoke or rely upon any privilege of any kind, state 

specifically the nature of the privilege; the basis upon which you invoke, rely upon, or claim 

it, including any statutory or decisional reference if applicable; and identifY all documents or 

other information, including contacts and communications, which you believe to be 

embraced by the privilege invoked. 

DATED this 27ili day ofJuly, 2015. 

Digitally signed by 

JEFFREY M HARPER 

DN: c=US, o=U.S. 

J{({:{rai15~F·· · .. ·~- ~~:~~:,ecn~~~~;F~~~· FAAAttorne~ M HARPER 

Date: 2015.07.27 

10:49:25 ~07'00' 

Complainant's Second Discovery Request 

In the Matter of IXL Premium Lubricants, Inc. 

OMS No. FAA-2015-0634; FAA Case No. 2014NM720059 

Page 2 of 6 

Jeffrey M. Harper, FAA Attorney 

T (425) 227·2161 

F (425) 227-1007 
Interrogatories 

Interrogatory No. 11: Identify by name, address, and telephone number tbe individual who 

prepared the package shipped by lXL Premium Lubricants, Inc. (IXL) under United Parcel 

Service air waybill number 1ZW819670494003174. 

Interrogatory No. 12: State the flashpoint of the bottle oflXL Premium Gas Treatment 

contained in the package shipped by lXL under United Parcel Service air waybill number 

1ZW819670494003174. 

Requests for Production 

Request for Production No. 8: Provide a copy of all documents relating to all shipments 

made by IXL to its customers for the period December 17, 2014 through July 27, 2015, 

including, but not limited to: 

• Invoices, 

• Shipping papers, 

• Waybills, 

• Packing slips, 

• "Hazardous Material & Dangerous Goods Shipment Checklist[ s ], " and 

• "Hazardous Material & Dangerous Goods Shipment Tracking Forrn[s]." 

Request for Production No.9: Provide a copy of all seven pages of an e-mail sent by 

Lindsay Ashworth (ashwortbfam6@gmail.com) to Jordan Olsen 

(jordan.olsen@ixldirect.com), dated June 18, 2015 at 3:57PM. 

Request for Production No. 10: Provide a complete copy of all e-mails or other documents 

forwarded or referenced in the e-mail described in Request for Production No. 9. 

Request for Production No. 11: Provide a complete copy of all "Preparing and Shipping 

Hazardous Material and Dangerous Goods Test[ s ]" completed by any IXL employee or 

agent for lXL for the period July 4, 2014 through July 27, 2015. 

Request for Production No. 12: Provide a complete copy of all documents relating to 

approval oflXL as a HAZMAT shipper by UPS (United Parcel Service). 

Request for Production No. 13: Provide a complete copy of all documents relating to 

approval oflXL as a HAZMAT shipper by Unishippers. 

Request for Production No. 14: Provide copies of all records relating to HAZMAT training 

received by lXL employees or agents for lXL for tbe period July 4, 2014 through 

July 27, 2015 including, but not limited to: 

Complainant's Second Discovery Request 

In the Matter of !XL Premium Lubricants, Inc. 

DMS No. FAA-2015-0634; FAA Case No. 2014NM720059 

Page 3 of 6 

Jeffrey M. Harper, FAA Attorney 

T (425) 227-2161 

F (425) 227-1007 
• Invoices from training vendors, 

• Certificates of Completion, 

• Written exams, and 

• Syllabi. 

Request for Production No. 15: Provide copies of all records relating to HAZMAT training 

kept by IXL as required by 49 C.P.R. § 172.704(d). 

Request for Production No. 16: Provide a copy of the Material Safety Data Sheet for the 

particular formulation ofiXL Premium Gas Treatment shipped by IXL under United Parcel 

Service air waybill number IZW819670494003174. 

Request for Production No. I 7: Provide a copy of the shipping paper for the package !XL 

shipped under United Parcel Service air waybill number 1ZW819670494003174, as 

required to be kept by !XL by 49 C.P.R. § 172.20l(e). 

Request for Production No. 18: Provide a copy of the Emergency Response Information for 

the package !XL shipped under United Parcel Service air waybill number 

IZW819670494003174, if not presented to United Parcel Service as part of the shipping 

paper for the package under 49 C.P.R. § 172.602(b )(3)(i). 

Requests for Admission 

Under 14 C.P.R. § l3.220(b) and Rule 36 of the Federal Rules of Civil Procedure, you are 

requested to admit the truth of the following matters. A matter is admitted unless responded 

to in a reasonable time. The Rules ofPractice in FAA Civil Penalty Actions, 14 C.P.R. 

§ 13.220(d), defmes a reasonable time to be 30 days. The agency requests that an answer be 

served upon the agency attorney either admitting the matter, specifically denying the matter, 

stating why the matter cannot be admitted or denied, or objecting to the request, with 

reasons for the objection stated within 30 days of the date of service upon you, that is, 

August 26, 2015. 

Per Intenogatory No. I 0, !XL must state with specificity the facts and evidence which form 

the basis for denial of any of these Request for Admissions. Per Request for Production 

No. 6, !XL must provide copies of any documents that support its answer to Intenogatory 

No.lO. 

Request for Admission No. 27: Admit an employee of !XL prepared the package IXL 

shipped under United Parcel Service air waybill number 1ZW819670494003174. 

Request for Admission No. 28: Admit that the !XL employee that prepared the package !XL 

shipped under United Parcel Service air waybill number IZW819670494003174 did not 

receive any training regarding the shipping ofbazardous materials before July 4, 2014. 

Complainant's Second Discovery Request 

In the Matter of IXL Premium Lubricants, Inc. 

OMS No. FAA-2015-0634; FAA Case No. 2014NM720059 

Page 4 of 6 

Jeffrey M. Harper, FAA Attorney 

T (425) 227-2161 

F (425) 227-1007 
CERTIFICATE OF SERVICE 

I hereby certify that the foregoing Complainant's Second Discovery Request has been 

served via facsimile, e-mail and Certified Mail- Return Receipt Requested this date, to the 

following: 

The Honorable Richard C, Goodwin 

Office of Hearings, M-20 

U,S, Department of Transportation 

1200 New Jersey Avenue, Southeast (Ell-310) 

Washington, DC 20590 

Fax: (202) 366-7536 

Jordan 0 !sen 

IXL Premium Lubricants, Inc, 

2719 North 1600 West 

Pleasant View, UT 84404 

Fax: (801)731-4499 

I hereby certify that the foregoing Complainant's Second Discovery Request has been 

served via facsimile, and Certified Mail-Return Receipt Requested this date, to the 

following: 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building- Suite 2Wl000 

Federal Aviation Administration 

800 Independence Avenue SW 

Washington, DC 20591 

Fax: (202) 493-5142 

Dated this 27th day of July, 2015, 

danaJ5tephenson@faa,gov Digitally signed by dana.lstephenson@faagov 

ON: cn=dana.Lstephenson@faa.gov 

Date: 2015.07.2711:24:19 -07'00' 

~~~~---------------

Dana Stephenson 

Office of Regional Counsel (ANM-7) 

Federal Aviation Administration 

1601 Lind Ave, SW 

Renton, WA 98057 

(425) 227-2007 

Complainant's Second Discovery Request 

!n the Matter of !XL Premium Lubricants, lnc. 

DMS No. FM-2015-0634; FAA Case No. 2014NM720059 

Page 6 of 6 

Jeffrey M. Harper, FAA Attorney 

T (425) 227-2161 

F (425) 227-1007