UNITED STATES OF AMERICA 

# RECEIVED JUL 1 32012 U.S. DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION WASHINGTON, D.C. 

# HEARING DOCKET

Inthe matter of PREMIERJETS, INC. ) ) 

### ) ) )


# ________________________) FAA DocketNo. UNASSIGNED CaseNo. 2011WP910359 Law Judge Goodwin

COMPLAINANT'S REQUEST FOR DISCOVERYAND PRODUCTION OF DOCUMENTS Pursuantto the discovery guidelines set forth in section 13.220 ofthe Rules ofPractice in Federal Aviation Administration Civil Penalty Actions, 14 C.P.R.§ 13.220, Complainant, and pending a ruling in the Complainant's motionto deem the allegations inthe complaint admitted, to enter an order assessing civil penalty for $9,850 or, alternatively, to limitthe hearing to the issue ofsanction, the Federal AviationAdministration, hereby requests that Respondent, Premier Jets, Inc. ("Premier"), provide to counsel for Complainant all ofthe informationrequested inthis discovery request as providedbelow. The requested information shouldbe sent to: Michael F. McKinley, Senior Attorney, EnforcementDivision, AGC-300, Office ofthe ChiefCounsel, Federal Aviation Administration, 800 Independence Avenue, S.W., Washington, D.C. 20591, facsimile (202) 267-5106, no later than 28 days after service ofthis 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 ofdocument (e.g., memorandum, report, chart, etc.); (d) subject matter (without revealing the information as to which privilege or statutory authority is claimed); (e) factual orlegal basis for the claimed privilege, or any other authority which provides the claimed ground for privilege. This discovery is a continuing request, throughthe date ofthe hearing inthis matter, for Respondent to supplement or amend his answers and produce documents ifnew or different information ornew or different documents are obtained during the pendency ofthis matter. New evidence should be provided in accordance with section 13.220(i) ofthe Rules ofPractice, 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 onbehalfofPremier. 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 byhand: agreements, communications, correspondence, memoranda, sunnnaries orrecords oftelephone conversations, sunnnaries orrecords ofpersonal conversations orinterviews, diaries, graphs, reports, notebooks, note charts, plans, drawings, sketches, maps, sunnnaries orreports ofinvestigations, opinions or reports ofconsultants, photographs, motionpicture films, brochures, pamphlets, advertisements, circulars, press


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### releases, drafts, letters, and marginal comments appearing on any document, and other data compilations from which information can be obtained ortranslated, ifnecessary, 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 orrefers to the matter(s) referenced or described inthe 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 FORADMISSION 

### l.On July 28, 2011, the FAA conducted an inspection ofPremier's Antidrug and Alcohol Misuse PreventionPrograms. 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 conductrandom alcohol testing in accordance with the current minimum armual testing rates for calendar year 2010. Admit
__**~Deny** 

### __ _

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### 5. Premier included a non-covered employee, Dave Dietterick, who was not performing safety-sensitive duties, inthe same random pool as its DepartmentofTransportation (DOT) covered employees. Admit Deny

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### 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 InterrogatoryNo. I, state the nature ofthe witness's testimony (i.e. factual witness or expertwitness); 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 ofthe 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 subjectmatter area on which the witness will opine. 4. List all exhibits you intend to use at the hearing inthis case. 5. For each ofthe 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 inwhole orpart, 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 ofthe paragraphs inthe Complaint in this matter you deny in whole or part inyour Answer, describe withparticularity the basis for each denial. Identifythe Complaint

4paragraph by number, for eachthat you deny in whole or part, and state the specific basis for your denial ofthatparagraph. Identify each and every fact that supports your denial.
REQUESTS FORPRODUCTION OF DOCUMENTS 

### l. For each ofthe foregoing Requests for Admissions you deny in whole or part, identify and provide any and all documents onwhich you rely in support ofyour denial(s). Your response to this Request should identity which denial(s) is/are addressed by each document provided inresponse to this request. 2. For each ofthe paragraphs inthe Complaintyou deny in whole or part, identity andprovide any and all documents onwhich you rely in support ofyour denial(s). Your response to this Request should identity which denial(s) is/are addressed by each documentprovided in response to this request. 3. Provide copies ofany 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 inthe preceding interrogatories, provide a copy ofhis or her current curriculum vitae. 5. Provide copies ofall documents that Respondent intends to introduce into evidence thathave not already been submitted to Complainant. 6. Provide copies ofany statements made by witnesses identified in the preceding interrogatories concerning, referring to, or involving the circumstances set forth inthe complaint. 7. Provide copies ofeach and every documentto which you referred or relied upon in answering the preceding interrogatories.

5Date: July 13, 2012



### 6 Respectfully submitted, 

# (J/vttJ 7

# M/J~ Michael F. McKinley 

# !J Senior Attorney Enforcement Division Office ofthe ChiefCounsel Federal Aviation Administration 800 Independence Avenue, S.W. Washington, D.C. 20591 Telephone: (202) 267-7100 Facsimile: (202) 267-5106CERTIFICATE OF SERVICE
I hereby certify that I delivered by U.S. Certified Mail the original and one copy ofthe foregoing Request for Discovery and Production ofDocuments in

### In the Matter of PremierJets, Inc, FAADocket 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 ofHearings, M-20 U.S. Department ofTransportation 1200 NewJersey Ave., S.E. Washington, D.C. 20590
In addition, I hereby certify that I served a copy ofthe same byU.S. Certified Mail, return receipt requested, and byFirst Class Mail, addressed to the following:

Name: Roger B. Kelsay President Premier Jets, Inc. 2140N.E. 25th Avenue Hillsboro, OR 97124

# ~t7)Pd44; Date:

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