Jeffrey Harper FAA Office of Regional Counsel 1601 Lind Avenue Southwest Renton, Washington 98057 T (425) 227-2161 F (425) 227-1007 

# RECEIVED MAY 29 

## 2014 

# HEARING DOCKET

UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS

WASHINGTON, D.C.

In the Matter of: Great Western Air, LLC FAA Case No. 2013WP910239 DMS No.: FAA-2014-0114 Honorable Richard C. Goodwin



### COMPLAINANT'S INITIAL DISCOVERY REQUEST
To Respondent:

In accordance with 14 C.F.R. 

### § 13.220 and the Federal Rules ofCivil Procedure, please respond to the following Interrogatories, Requests for Production ofDocuments, and Request for Admissions, separately and fully under oath by June 23. 2014. These discovery requests are intended to discover information and/or documents not only within your personal knowledge or obtainable byyou, but also information inthe possession ofor obtainable byyour attorneys, investigators, representatives, employees, agents, or anyone acting on your behalfor ontheir behalf. These discovery requests are continuing in nature and any information which maybe discovered byyou subsequent to the service and filing ofyour answers mustbe brought to the attention ofthe agency attorney through supplemental answers when itbecomes available to you, at a reasonable time prior to the hearing in this matter. 

### Ifthere are any additions, deletions or changes inthe answers or information provided at any time prior to the hearing Respondent is specifically requested to so immediately inform the agency attorney. Ifsuch information is not furnished, the agency attorney at the time ofthe hearing will move to exclude from evidence such informationrequested andnot furnished. The agency attorney further requests that the Respondent produce the documents identified and designated herein for inspection and copying at the FederalAviationAdministration

Complainant's Initial Discovery Request Great Western Air, LLC DMS No. FAA-2014-0114 Page I of7 JEFFREYM. HARPER, FAAATIORNEY T (425) 227-2161; F (425) 227-1007(FAA) Office ofRegional Counsel, Suite 570, 1601 LindAvenue, Southwest, Renton, Washington 98057, byJune 23, 2014. PRIVILEGE If, inresponding to, or failing to respond to these Interrogatories, Requests for Admission and Requests for Production you invoke 

### or rely upon any privilege ofany kind, state specifically the nature ofthe privilege; the basis upon which you invoke, rely upon, or claim it, including any statutory or decisional reference ifapplicable; and identifY all documents or other information, including contacts and communications, which you believe to be embraced bythe privilege invoked. DATED this 

### 22nct day ofMay, 

### 2014.

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Complainant's Initial Discovery Request Great Western Air, LLC DMS No. FAA-2014-0114 Page 2 of7 JEFFREYM. HARPER, FAA ATTORNEY T (425) 227-2161; F (425) 227-1007INTERROGATORIES Interrogatory No. 1: IdentifY by name, address, and telephone number all persons whom Great WesternAir, LLC (Great Western) knows to have personal knowledge ofthe matters alleged inthe Complaint. Interrogatory No. 2: IdentifY by title, date, author, present custodian, and content, 

### all documents, including correspondence, obtained by you or in your possession, relating to the assertions inthe Complaint, your appeal, your answer, and any affirmative defenses which you anticipate raising inthis matter. See Request for ProductionNo. 1. Interrogatory No. 3: IdentifY by name, address, and telephone number, all persons whom you intend to have testifY as a factual or expert witness inyour defense at the hearing in this matter, and for factual witnesses, provide a detailed summary ofeachperson's anticipated testimony. Interrogatory No. 4: IdentifY by title, date, author, present custodian, and content, 

### all documents whichyou anticipate offering into evidence or using at the hearing inthis matter, and through which witness or witnesses the document will be offered. See Request for ProductionNo. 2. Interrogatory No.5: With respect to each expert witness identified in response to Interrogatory No.3, specifY their specific area ofexpertise and provide a synopsis oftheir credentials, background, training, and experience. InterrogatoryNo. 6: Withrespect to each expert youexpect to call as a witness, state the subject matter onwhichthe expert is expected to testifY, the substance ofthe facts and opinions to which the expert is expectedto testifY, and provide a summary ofthe grounds for each such opinion. Interrogatory No.7: Describe with specificity all ofthe facts which you anticipate presenting inthe course ofthe hearing inthis matter pertaining to the avoidance or mitigation ofthe sanction sought by the FAA inthis case. InterrogatoryNo. 8: For each allegation inthe Complaint that is denied-whether outright or as a result ofhaving insufficient information orknowledge from which to form a belief as to the truth ofthe allegation, in whole, or inpart-state with specificity the facts that are the basis for that denial as well as the inquiries takento determine that the allegation in the complaint is not correct. See Request for Production No.3. Interrogatory No. 9: For any Requests for Admissions that are denied-whether outright or as a result ofhaving insufficient information or knowledge from whichto form a beliefas to

Complainant's Initial Discovery Request Great Western Air, LLC DMS No. FAA-2014-0114 Page 3 of7 JEFFREY M. HARPER, FAAATTORNEY T (425) 227-2161; F (425) 227-1007the truth ofthe allegation, in whole, or inpart-state with specificity the facts and evidence which are the basis for that denial as well as the inquiries takento determine that the facts in the request for admission are not correct. See Request for ProductionNo. 4. Interrogatory No. 10: Describe with specificity all facts and evidence you intend to rely upon in support ofany affirmative defenses raised in anyAnswer to the Complaint. See Request for Production No.5. REQUESTS FOR PRODUCTION Request for ProductionNo. 1: Provide a copy ofall documents referred to inyour answer to Interrogatory No. 2 Request for ProductionNo. 2: Provide a copy ofall documents referred to inyour answer to Interrogatory No. 4. Reguest for ProductionNo. 3: Provide a copy ofall documents that support your answer to InterrogatoryNo. 8. Request for Production No. 4: Provide a copy ofall documents that support your answer to Interrogatory No.9. Request for ProductionNo.5: Provide a copy ofall documents that support your answer to Interrogatory No. 10. Request for ProductionNo.6: Provide a copy ofGreat WesternAir's federal income 

### tax returns for tax years 2011,2012,2013 and, iffiled, 2014, including all supplemental forms, statements, and attachments. Request for ProductionNo. 7: Provide a copy ofGreat Western's bank statements for the period October 1, 2012 to present, including butnot limited to J. P. Morgan Chase Bank, N.A. AccountNumbers ending in 1800 and 4838. Request for ProductionNo. 8: Provide a copy ofstatements for Great Western's lines of credit for the period October 1, 2012 to present, including the lines ofcredit with Bank of America and J.P. Morgan Chase, N.A. that Great Western reported to the FAA on its Department ofJustice Financial Statement ofDebtor dated February 18,2014. REQUEST FOR ADMISSIONS Under 14 C.F.R. 

### § 13.220(b) and Rule 36 ofthe Federal Rules ofCivil Procedure, you are requested to admit the truth ofthe following matters. A matter is admitted uuless responded to in a reasonable time. The Rules ofPractice in FAA Civil PenaltyActions, 14 C.F.R.

Complainant's Initial Discovery Request Great Western Air, LLC DMS No. FAA·2014-0114 Pa2:e 4 of7 JEFFREY M. HARPER, FAAATTORNEY T (425) 227-2161; F (425) 227-1007

### § 13.220(d), defines a reasonable time to be 30 days. The agency requests tbat an answer be served upon tbe agency attorney either admitting tbe matter, specifically denying tbe matter, stating why tbe matter cannot be admitted or denied, or objecting to tbe request, with reasons for the objection stated within 30 days oftbe date ofservice upon you, that is, June 23,2014. Request for AdmissionNo. 1: Admit a "pilot" is a "flight crewmember." Request for AdmissionNo. 2: Admit Great Western hired Mr. Kelly Campbell as a pilot. Request for AdmissionNo. 3: Admit Great Western hired 

### Mr. Daniel Ford as a pilot. Request for AdmissionNo. 4: Admit Great Western hired

### Mr. Wayne Blake as a pilot. Request for AdmissionNo. 5: Admit Great Western hired Ms. Felicia Rindon as a pilot. Request for AdmissionNo. 6: Admit Great Western hired

### Mr. James Walker as a pilot. Request for AdmissionNo.7: Admit Great Western hired 

### Mr. David Ciarochi on October 31, 2012. Request for Admission No. 8: Admit Great Western hired 

### Mr. David Ciarochi on as a pilot. Request for AdmissionNo. 9: Admit Great Western hired

### Mr. Chance Duvail as an aircraft mechanic. Request for Admission No. 10: Admit 

### Mr. Campbell was the pilot in command or second in command ofone or more flights operated by Great Western oneach oftbe dates alleged in tbe Complaint, Paragraphs ll.3.f.(l }-(9). Request for Admission No. 11: Admit at least one flight operated by Great Western on each oftbe dates alleged intbe Complaint, Paragraphs ll.3 .f.(l}-(9) were operated under 14 C.F.R. Part 135, witb

### Mr. Campbell present as tbe pilot in command or second in command. Request for AdmissionNo. 12: AdmitMr. Ford was tbe pilot in command or second in command ofone or more flights operated by Great Western on each oftbe dates alleged in tbe Complaint, Paragraphs II.4.e.(l }-(8). Request for Admission No. 13: Admit at least one flight operated by Great Western on each ofthe dates alleged intbe Complaint, Paragraphs ll.4.e.(l)--(8) were operated under 14 C.F.R. Part 135, witb 

### Mr. Fordpresent as tbe pilot in command or second in command.

Complainant's Initial Discovery Request Great Western Air, LLC DMS No. FAA-2014-0114 Page 5 of7 JEFFREYM. HARPER, FAAATTORNEY T (425) 227-2161; F (425) 227-1007Request for AdmissionNo. 14: Admit

### Mr. Blake was thepilot incommand or second in command ofone or more flights operatedby Great Western on each ofthe dates alleged in the Complaint, Paragraphs II.5.e.(1}-(6). Request for AdmissionNo. 15: Admit at least one flight operatedby Great Western on each ofthe dates alleged in the Complaint, Paragraphs II.5.e.(1}-(6), were operated under 14 C.P.R. Part 135, with

### Mr. Blake present as the pilotin command or second in command. Request for AdmissionNo. 16: Admit Ms. Rindon was the pilot in command or second in command ofone or more flights operated by GreatWestern on each ofthe dates alleged in the Complaint, Paragraphs II.6.d.(1 }--( 4). Request forAdmissionNo. 17: Admit at least one flight operatedby Great Western on each ofthe dates alleged inthe Complaint, Paragraphs II.5 .e.(1 }--(6), were operated under 14 C.P.R. Part 135, with Ms. Rindonpresent as thepilotin command or second in command. Request for AdmissionNo. 18: Admit

### Mr. Walker was the pilot in command or second in command ofone or more flights operated by GreatWestern onJuly 1, 2013. Request for AdmissionNo. 19: Admit at least one flight operated by Great Western on July 1, 2013 was operated under 14 C.P.R. Part 135, with 

### Mr. Walker present as the pilot in command or second in command. Request for Admission No. 20: Admit Great WesternAir, LLC is domiciled inArizona. Request for Admission No. 21: Admit Great WesternAir, LLC does business as Cirrus Aviation Services, LLC inNevada. Request for AdmissionNo. 22: Admitthe lowest daily ending balance between November 1, 2013 and January 31,2014 ofCirrus Aviation Services, LLC's J. P Morgan Chase, N.A. AccountNumber ending with 1800 was $48,676 onJanuary 16,2014. Request for AdmissionNo. 23: Admit the lowest daily ending balance between November 1, 2013 and January 31, 2014 ofCirrus Aviation Services, LLC's J.P. Morgan Chase, N.A.AccountNumber ending with 4838 was $45,624.78 on January 27,2014. Request for AdmissionNo. 24: Admit Great WesternAir, LLC, d/b/a Cirrus Aviation Services, LLC, had access to credit ofat least $40,000 on February 18, 2014. Request for AdmissionNo. 25: Admit GreatWesternAir, LLC anticipates an increase in business income due to the improving economy.

Complainant's Initial Discovery Request Great Western Air, LLC DMS No. FAA-2014-0114 Page6of7 JEFFREY M. HARPER, FAA ATTORNEY T (425) 227-2161; F (425) 227-1007

### CERTIFICATE OF SERVICE
I hereby certify that the foregoing Complainant's Initial Discovery Request has been served via Certified Mail- Return Receipt Requested this date, to the following: Mark J. Connot, Esq. Fox Rothschild, LLP 3800 Howard Hughes Parkway, Suite 500 Las Vegas, NV 89169 T (702) 699-5924 F (702) 597-5503 The Honorable Richard C. Goodwin Office ofHearings, M-20 1200 New Jersey Avenue, S.E. East Building Ground Floor, Rm E12-320 Washington, D.C. 20590 TEL: (202) 366-2139 FAX: (202) 366-7536 Attn: Hearing Docket Clerk, AGC-430 Wilbur Wright Building- Suite 2W1000 Federal Aviation Administration 800 Independence Avenue Southwest Washington, DC 20591 F (202) 493-5142 DATED this 22nct day ofMay 2014.

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### Dana Stephenson

Office ofRegional Counsel (ANM-7) Federal Aviation Administration 1601 Lind Avenue Southwest Renton, WA 98057 T (425) 227-2164

Complainant's Initial Discovery Request Great Western Air, LLC JEFFREYM. HARPER, FAAATTORNEY T (425) 227-2161; F (425) 227-1007 DMS No. FAA-2014-0114 Page 7 of7