Jeffrey Harper 

FAA Office of Regional Counsel 

1601 Lind Avenue Southwest 

Renton, Washington 98057 

T (425) 227-2161 

F (425) 227-1007 

RECEIVED 

MAY 2 9 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 of Civil Procedure, please 

respond to the following Interrogatories, Requests for Production of Documents, 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 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 changes 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. 

The agency attorney further requests that the Respondent produce the documents identified 

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

Complainant's Initial Discovery Request 

Great Western Air, LLC 

DMS No. FAA-2014-0114 

Page I of7 

JEFFREY M. HARPER, FAA ATIORNEY 

T (425) 227-2161; F (425) 227-1007 
(FAA) Office ofRegional Counsel, Suite 570, 1601 Lind Avenue, Southwest, Renton, 

Washington 98057, by June 23, 2014. 

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 22nct day of May, 2014. 

4~ c.--.....___ . . arper 

FAA Attorney 

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) 227-1007 
INTERROGATORIES 

Interrogatory No. 1: IdentifY by name, address, and telephone number all persons whom 

Great Western Air, LLC (Great Western) knows to have personal knowledge of the matters 

alleged in the 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 in the Complaint, your appeal, your answer, and any affirmative defenses which 

you anticipate raising in this matter. See Request for Production No. 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 in your defense at the hearing in this 

matter, and for factual witnesses, provide a detailed summary of each person's anticipated 

testimony. 

Interrogatory No. 4: IdentifY by title, date, author, present custodian, and content, all 

documents which you anticipate offering into evidence or using at the hearing in this matter, 

and through which witness or witnesses the document will be offered. See Request for 

Production No. 2. 

Interrogatory No.5: With respect to each expert witness identified in response to 

Interrogatory No.3, specifY their specific area of expertise and provide a synopsis of their 

credentials, background, training, and experience. 

Interrogatory No. 6: With respect to each expert you expect to call as a witness, state the 

subject matter on which the expert is expected to testifY, the substance of the facts and 

opinions to which the expert is expected to testifY, and provide a summary of the grounds 

for each such opinion. 

Interrogatory No.7: Describe with specificity all of the facts which you anticipate 

presenting in the course of the hearing in this matter pertaining to the avoidance or 

mitigation of the sanction sought by the FAA in this case. 

Interrogatory No. 8: For each allegation in the Complaint that is denied-whether outright 

or as a result of having insufficient information or knowledge from which to form a belief 

as to the truth of the allegation, in whole, or in part-state with specificity the facts that are 

the basis for that denial as well as the inquiries taken to 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 of having insufficient information or knowledge from which to form a belief as to 

Complainant's Initial Discovery Request 

Great Western Air, LLC 

DMS No. FAA-2014-0114 

Page 3 of7 

JEFFREY M. HARPER, FAA ATTORNEY 

T (425) 227-2161; F (425) 227-1007 
the truth of the allegation, in whole, or in part-state with specificity the facts and evidence 

which are the basis for that denial as well as the inquiries taken to determine that the facts in 

the request for admission are not correct. See Request for Production No. 4. 

Interrogatory No. 10: Describe with specificity all facts and evidence you intend to rely 

upon in support of any affirmative defenses raised in any Answer to the Complaint. See 

Request for Production No.5. 

REQUESTS FOR PRODUCTION 

Request for Production No. 1: Provide a copy of all documents referred to in your answer to 

Interrogatory No. 2 

Request for Production No. 2: Provide a copy of all documents referred to in your answer to 

Interrogatory No. 4. 

Reguest for Production No. 3: Provide a copy of all documents that support your answer to 

Interrogatory No. 8. 

Request for Production No. 4: Provide a copy of all documents that support your answer to 

Interrogatory No.9. 

Request for Production No.5: Provide a copy of all documents that support your answer to 

Interrogatory No. 10. 

Request for Production No.6: Provide a copy of Great Western Air's federal income tax 

returns for tax years 2011,2012,2013 and, if filed, 2014, including all supplemental forms, 

statements, and attachments. 

Request for Production No. 7: Provide a copy of Great Western's bank statements for the 

period October 1, 2012 to present, including but not limited to J. P. Morgan Chase Bank, 

N.A. Account Numbers ending in 1800 and 4838. 

Request for Production No. 8: Provide a copy of statements for Great Western's lines of 

credit for the period October 1, 2012 to present, including the lines of credit with Bank of 

America and J.P. Morgan Chase, N.A. that Great Western reported to the FAA on its 

Department of Justice Financial Statement of Debtor dated February 18,2014. 

REQUEST FOR ADMISSIONS 

Under 14 C.F.R. § 13.220(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 uuless responded 

to in a reasonable time. The Rules of Practice in FAA Civil Penalty Actions, 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, FAA ATTORNEY 

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 of service upon you, that is, 

June 23,2014. 

Request for Admission No. 1: Admit a "pilot" is a "flight crewmember." 

Request for Admission No. 2: Admit Great Western hired Mr. Kelly Campbell as a pilot. 

Request for Admission No. 3: Admit Great Western hired Mr. Daniel Ford as a pilot. 

Request for Admission No. 4: Admit Great Western hired Mr. Wayne Blake as a pilot. 

Request for Admission No. 5: Admit Great Western hired Ms. Felicia Rindon as a pilot. 

Request for Admission No. 6: Admit Great Western hired Mr. James Walker as a pilot. 

Request for Admission No.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 Admission No. 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 of one or more flights operated by Great Western on each of tbe 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 

of tbe dates alleged in tbe 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 Admission No. 12: Admit Mr. Ford was tbe pilot in command or second in 

command of one or more flights operated by Great Western on each of tbe 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 

of the dates alleged in tbe Complaint, Paragraphs ll.4.e.(l)--(8) were operated under 

14 C.F.R. Part 135, witb Mr. Ford present 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, FAA ATTORNEY 

T (425) 227-2161; F (425) 227-1007 
Request for Admission No. 14: Admit Mr. Blake was the pilot in command or second in 

command of one or more flights operated by Great Western on each of the dates alleged in 

the Complaint, Paragraphs II.5.e.(1}-(6). 

Request for Admission No. 15: Admit at least one flight operated by Great Western on each 

of the 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 pilot in command or second in command. 

Request for Admission No. 16: Admit Ms. Rindon was the pilot in command or second in 

command of one or more flights operated by Great Western on each of the dates alleged in 

the Complaint, Paragraphs II.6.d.(1 }--( 4). 

Request for Admission No. 17: Admit at least one flight operated by Great Western on each 

of the dates alleged in the Complaint, Paragraphs II.5 .e.(1 }--( 6), were operated under 

14 C.P.R. Part 135, with Ms. Rindon present as the pilot in command or second in 

command. 

Request for Admission No. 18: Admit Mr. Walker was the pilot in command or second in 

command of one or more flights operated by Great Western on July 1, 2013. 

Request for Admission No. 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 Western Air, LLC is domiciled in Arizona. 

Request for Admission No. 21: Admit Great Western Air, LLC does business as Cirrus 

Aviation Services, LLC in Nevada. 

Request for Admission No. 22: Admit the lowest daily ending balance between 

November 1, 2013 and January 31,2014 of Cirrus Aviation Services, LLC's J. P Morgan 

Chase, N.A. Account Number ending with 1800 was $48,676 on January 16,2014. 

Request for Admission No. 23: Admit the lowest daily ending balance between 

November 1, 2013 and January 31, 2014 of Cirrus Aviation Services, LLC's J.P. Morgan 

Chase, N.A.AccountNumber ending with 4838 was $45,624.78 on January 27,2014. 

Request for Admission No. 24: Admit Great Western Air, LLC, d/b/a Cirrus Aviation 

Services, LLC, had access to credit of at least $40,000 on February 18, 2014. 

Request for Admission No. 25: Admit Great Western Air, 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 of Hearings, 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 2W1 000 

Federal Aviation Administration 

800 Independence Avenue Southwest 

Washington, DC 20591 

F (202) 493-5142 

DATED this 22nct day of May 2014. 

' 

~~ . t1 

/~ d{p yYlcJ:;t_J;f]DC J 

Dana Stephenson 

Office of Regional Counsel (ANM-7) 

Federal Aviation Administration 

1601 Lind A venue Southwest 

Renton, WA 98057 

T (425) 227-2164 

Complainant's Initial Discovery Request 

Great Western Air, LLC 

JEFFREYM. HARPER, FAA ATTORNEY 

T (425) 227-2161; F (425) 227-1007 

DMS No. FAA-2014-0114 

Page 7 of7