UNITED STATES OF AMERICA RECEIVED 

JUL 1 3 2012 

U.S. DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

WASHINGTON, D.C. HEARING DOCKET 

In the matter of 

PREMIER JETS, INC. 

) 

) 

) 

) 

) ________________________ ) 

FAA Docket No. UNASSIGNED 

Case No. 2011WP910359 

Law Judge Goodwin 

COMPLAINANT'S REQUEST FOR DISCOVERY AND 

PRODUCTION OF DOCUMENTS 

Pursuant to the discovery guidelines set forth in section 13.220 of the Rules of Practice in 

Federal Aviation Administration Civil Penalty Actions, 14 C.P.R.§ 13.220, Complainant, and 

pending a ruling in the Complainant's motion to deem the allegations in the complaint admitted, 

to enter an order assessing civil penalty for $9,850 or, alternatively, to limit the hearing to the 

issue of sanction, the Federal Aviation Administration, hereby requests that Respondent, Premier 

Jets, Inc. ("Premier"), provide to counsel for Complainant all of the information requested in this 

discovery request as provided below. 

The requested information should be sent to: Michael F. McKinley, Senior Attorney, 

Enforcement Division, AGC-300, Office of the Chief Counsel, Federal Aviation Administration, 

800 Independence Avenue, S.W., Washington, D.C. 20591, facsimile (202) 267-5106, no later 

than 28 days after service of this discovery request. 

All documents requested which the responding individual claims privilege or any other 

objection as a ground for non-production shall be identified chronologically as follows: 

(a) date; 

(b) title; 
(c) type of document (e.g., memorandum, report, chart, etc.); 

(d) subject matter (without revealing the information as to which privilege or 

statutory authority is claimed); 

(e) factual or legal basis for the claimed privilege, or any other authority which 

provides the claimed ground for privilege. 

This discovery is a continuing request, through the date of the hearing in this matter, for 

Respondent to supplement or amend his answers and produce documents if new or different 

information or new or different documents are obtained during the pendency of this matter. New 

evidence should be provided in accordance with section 13.220(i) of the Rules of Practice, 14 

C.P.R.§ 13.220(i). 

DEFINITIONS 

1. Use of"you" and "your" refers to Premier, Premier's agents, Premier's attorneys, 

and any other person(s) acting or purporting to act for or on behalf of Premier. 

2. The words "and" and "or" shall be construed conjunctively and disjunctively as 

necessary to make the request inclusive rather than exclusive. The word "including" shall be 

construed without limitation. 

3. The words "document" and "statement" mean, without limitation, the following 

items, whether printed or recorded or reproduced by any mechanical or electronic process or 

written or produced by hand: agreements, communications, correspondence, memoranda, 

sunnnaries or records of telephone conversations, sunnnaries or records of personal 

conversations or interviews, diaries, graphs, reports, notebooks, note charts, plans, drawings, 

sketches, maps, sunnnaries or reports of investigations, opinions or reports of consultants, 

photographs, motion picture films, brochures, pamphlets, advertisements, circulars, press 

2 
releases, drafts, letters, and marginal comments appearing on any document, and other data 

compilations from which information can be obtained or translated, if necessary, into reasonably 

usable form. 

4. The words "describe" and "state" mean to set forth each fact, consideration, 

circumstance, act, omission, event, transaction, occurrence or statement which supports, refutes, 

concerns, relates or refers to the matter(s) referenced or described in the interrogatory, and in 

addition, means to identity each oral communication and each document which concerns, refers 

or relates to such fact, consideration, circumstance, act omission, event, transaction, occurrence 

or statement. 

REQUESTS FOR ADMISSION 

l.On July 28, 2011, the FAA conducted an inspection of Premier's Antidrug and Alcohol 

Misuse Prevention Programs. 

Admit ___ Deny __ _ 

2. The minimum annual testing rate, for random alcohol testing in calendar year 2010, 

was 10% for alcohol. 

Admit ___ Deny __ _ 

3. In 2010, Premier conducted no random alcohol drug tests. 

Admit ___ Deny __ _ 

4. Premier failed to conduct random alcohol testing in accordance with the current 

minimum armual testing rates for calendar year 2010. 

Admit __ ~Deny __ _ 

3 
5. Premier included a non-covered employee, Dave Dietterick, who was not 

performing safety-sensitive duties, in the same random pool as its Department of Transportation 

(DOT) covered employees. 

Admit Deny ---

INTERROGATORIES 

I. Identify each and every person Respondent intends to call as a witness in this 

proceeding by providing the person's name, occupation, and business address. 

2. For each and every witness identified in answer to Interrogatory No. I, state the 

nature of the witness's testimony (i.e. factual witness or expert witness); the subject matter upon 

which each intended witness is expected to testify; the facts and opinions to which the witness is 

expected to testify; and a narrative summary of the grounds for each opinion to which the 

witness will testify. 

3. For each and every witness identified as an expert in answer to Interrogatory 

No. 2, state in detail the expertise possessed by each expert witness in the subject matter area on 

which the witness will opine. 

4. List all exhibits you intend to use at the hearing in this case. 

5. For each of the foregoing Requests for Admissions you deny in whole or part, 

describe with particularity the basis for each denial. Identify the Request for Admission by 

number, for each that you deny in whole or part, and state the specific basis for your denial of 

that Request for Admission. Identify each and every fact that supports your denial. 

6. For each of the paragraphs in the Complaint in this matter you deny in whole or 

part in your Answer, describe with particularity the basis for each denial. Identify the Complaint 

4 
paragraph by number, for each that you deny in whole or part, and state the specific basis for 

your denial of that paragraph. Identify each and every fact that supports your denial. 

REQUESTS FOR PRODUCTION OF DOCUMENTS 

l. For each of the foregoing Requests for Admissions you deny in whole or part, 

identify and provide any and all documents on which you rely in support of your denial(s). Your 

response to this Request should identity which denial(s) is/are addressed by each document 

provided in response to this request. 

2. For each of the paragraphs in the Complaint you deny in whole or part, identity 

and provide any and all documents on which you rely in support of your denial(s). Your response 

to this Request should identity which denial(s) is/are addressed by each document provided in 

response to this request. 

3. Provide copies of any document to which you referred to or relied upon in 

answering the immediately preceding requests for admissions. For each document produced, 

identify the request for admission that it pertains to for which you referenced the document. 

4. For each and every witness identified as an expert in the preceding 

interrogatories, provide a copy of his or her current curriculum vitae. 

5. Provide copies of all documents that Respondent intends to introduce into 

evidence that have not already been submitted to Complainant. 

6. Provide copies of any statements made by witnesses identified in the preceding 

interrogatories concerning, referring to, or involving the circumstances set forth in the complaint. 

7. Provide copies of each and every document to which you referred or relied upon 

in answering the preceding interrogatories. 

5 
Date: July 13, 2012 

6 

Respectfully submitted, 

(J/vttJ 7 M/J~ Michael F. McKinley !J 

Senior Attorney 

Enforcement Division 

Office of the Chief Counsel 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Washington, D.C. 20591 

Telephone: (202) 267-7100 

Facsimile: (202) 267-5106 
CERTIFICATE OF SERVICE 

I hereby certify that I delivered by U.S. Certified Mail the original and one copy of the 

foregoing Request for Discovery and Production of Documents in In the Matter of Premier Jets, 

Inc, FAA Docket No. Unassigned, Case No. 2011WP910359, to: 

Federal Aviation Administration 

600 Independence Ave., S.W. 

Wilbur Wright Building-Suite 2Wl000 

Washington, D.C. 20591 

ATTN: Hearing Docket Clerk, AGC-430 

The Honorable Richard C. Goodwin 

Office of Hearings, M-20 

U.S. Department of Transportation 

1200 New Jersey Ave., S.E. 

Washington, D.C. 20590 

In addition, I hereby certify that I served a copy of the same by U.S. Certified 

Mail, return receipt requested, and by First Class Mail, addressed to the following: 

Name: 

Roger B. Kelsay 

President 

Premier Jets, Inc. 

2140N.E. 25th Avenue 

Hillsboro, OR 97124 

~t7)Pd44; 

Date: --·~,_)_13--r,/~ld _____ _ 

7