UNITED STATES DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS

WASHINGTON, D.C.

IN THE MATTER OF MACH ONE AIR CHARTERS, 

### INC. FAADOCKETNO. [TO BE ASSIGNED] (Civil Penalty Proceedings) FDMS NO. FAA-2015-0643 

# RECEIVED JUN 2

# 2 2015 

## HEARING DOCKET

COMPLAINANT'S FIRST SET OF REQUESTS FORADMISSION, INTERROGATORIES, AND REQUESTS FORPRODUCTION OF DOCUMENTS To: MACH ONEAIRCHARTERS, INC. Through counsel

Pursuant to 14 C.P.R.§ 13.220, the Complainant, by and through its Regional Counsel, requests that Mach One Air Charters Inc., (hereinafter "Mach One") by July 15, 2015, make the requested admissions, answerthe following interrogatories under oath, and identify and produce the requested documents for inspection and copying at the Office ofthe Regional Counsel, Alaskan Region FAA, 222 W. 7"' Avenue, Box 14, Anchorage, Alaska 99513-7587. These requests are deemed continuing, and any information secured after answering and/or supplying the requested answers or documents/items is to be supplied by supplemental production pursuant to § 13.220(i) ofthe Rules ofPractice inFAA Civil Penalty Actions. BE ADVISED that 14 C.P.R.§ 13.220(1)(1) states, "Aparty's failure to respond to a request for admission, in writing and signed bythe attorney or the party, not later than 30 days after service ofthe request, is deemed an admission ofthe truth ofthe statement or statements contained inthe request for admission." DEFINITIONS 1. "Documents" means, regardless oforigin or location, any handwriting, note, letter, manual, memorandum, record, report, statement, study, drawing, sketch, photograph, telegram, telex, or message, whether reported, transcribed, punched, taped, filmed or graphically represented in any manner, or material ofany kind in the possession of, subject to the control of, or within the knowledge of, Respondent and/or his employees, agents, consultants, or experts.

12. "Identify" and/or "statethe identity of" with reference to individuals means state the name, current or last known address, employer, andjob description or title, and telephone number. 3. "Identify all documents" means state the date and author unless apparent from the document. 4. As listed herein, singular pronouns also include the plural. 5. "You," "your," and "Respondent" as used herein refer to Mach One, the Respondent in this matter. REQUESTS FORADMISSION Please admit the truth ofeach ofthe following statements: 1. Ifthe outside air temperature gauge on civil aircraft N881A was not functioning properly as alleged in paragraph 12 ofSection II ofthe complaint atthe time ofthe flights referenced inparagraphs 9 (as amended) and 10 ofSection II ofthe complaint, then civil aircraft N881A would not have been in airworthy condition. 2. Ifthe left engine air intake anti-ice system oncivil aircraftN881A was not functioning properly as alleged inparagraph 12 ofSection II ofthe complaint at the time ofthe flights referenced inparagraphs 9 (as amended) and 10 ofSection II ofthe complaint, then civil aircraftN881A would not have been in airworthy condition. 3. At the time ofthe flights referenced inparagraphs 9 (as amended) and 10 ofSection II of the complaint, there was no maintenance record entry in the maintenance records for civil aircraft N881Aregarding any maintenance performed during the period May 10-12, 2014, while the aircraft was in St. Paul, Minnesota. 4. At the time ofthe flights referenced in paragraphs 9 (as amended) and 10 ofSection II of the complaint, any maintenance that had beenperformed on civil aircraft N881A during the period May 10-12,2014, while the aircraft was in St. Paul, Minnesota, had not been approved for return to service.

INTERROGATORIES AND REQUESTS FORPRODUCTION 1. For each ofthe above requests for admission that Mach One does notunequivocally admit, explain what specific facts or contentions in each statement Mach One believes are not true, state all facts that support its beliefs inthis regard, and produce all documents that supportthese beliefs.

22. Identify eachperson whomMach One intends to call as a witness at the hearing in this matter, and for each such witness, provide a summary ofthe expected testimony. 3. For each person identified inresponse to InterrogatoryNo.2, produce a copy ofeach and every statement made bythat person in which the facts and·circumstances ofmatters at issue inthis case are referenced or discussed. 4. Does Mach One intend to present any expert witness testimony at the hearing ofthis matter? Ifso, thenprovide a synopsis ofeach expert witness' testimony, state the grounds for each expert opinion, and produce a curriculum vitae for each expert witness. 5. Does Mach One contend that it lacks the ability to paythe proposed civil penalty? Ifso, then state every fact upon which it intends to rely atthe hearing in support ofthis contention, and produce a copy ofeach and every document it intends to introduce at the hearing inthis matter in support ofthis contention. 

### 6. To the extent not encompassed inits response to any ofthe foregoing items, identify and produce all documents upon which Mach One expects to rely atthe hearing or introduce as evidence in support ofits position at the hearing inthis matter.

Served this 15th day ofJune 2015. HOWARD L. MARTIN, JR Regional Counsel

# By:~~Wl1~~ Glenn H. Brown Senior Attorney

3CERTIFICATE OF SERVICE Re: Mach One Air Charters, Inc. FAA Case No. 2014WP210018 DMS NO. FAA-2015-0643 I hereby certify that on this date I served a copy ofthe COMPLAINANT'S FIRST SET OF

. REQUESTS FORADMISSION, INTERROGATORIES, AND REQUESTS FOR PRODUCTION OF DOCUMENTS postage-prepaid, certified mail, return receipt requested, addressed as follows: H. DanHill, CEO Mach One Air Charters, Inc., Respondent 7000 Merrill Avenue, #63 Chino, CA 91710 Steven L. Graff, Respondent's counsel Steven L. Graff, Inc. 43399 Calle De Velardo Temecula, CA 92592 I further certifythat on this date I have served the original and a copy ofthe COMPLAINANT'S AMENDMENT OF COMPLAINT bypostage-prepaid, certified mail, return receipt requested, addressed as follows: Federal Aviation Administration 800 Independence Avenue, SW Washington, DC 20591 ATTN: Hearing Docket Clerk, AGC-430 Wilbur Wright Building- Suite 2W1000

Office ofthe Regional Counsel 222 West 7th Avenue #14 Anchorage, Alaska 99513-7587

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