______________ , ________ 

 ____ _ 

465 California Street 

Suite 210 

• 

San Francisco 

California 94104 

• 

(415) 421-2500 

Fax (415) 421-2560 

www.avialex.com 

law@avialex.com 

Michael L. Dworkin and Associates 

Law Offices 

FED EX AND FAX: 

Eric E. Anderson, Regional Counsel 

James Archier, Agency Attorney 

Federal Aviation Administration 

Southwest Region, ASW-7 

2601 Meacham Boulevard, Suite 6E 

Fort Worth, Texas 76137 

RE: Martinaire Aviation, LLC 

FAA Case No. 2011SW700189 

FDMS: FAA-2013-0040 

Dear Ladies and Gentlemen: 

RECEIVED 

MAY 2 2 2013 

HEARING DOCKET 

May 20,2013 

Enclosed herewith for filing is the following document: 

Martinaire Aviation LLC's First Discovery Request. 

cc: The Honorable Richard C. Goodwin 

Administrative Law Judge 

Hearing Docket Clerk 

FAA, AGC-430 

Very truly yours, 

Caitlin M. Miller 

Legal Assistant 
Michael L. Dworkin #6404 7 

MICHAEL L. DWORKIN and ASSOCIATES 

465 California Street, Suite 210 

San Francisco, California 94104 

Telephone: (415) 421-02500 

Facsimile: (415) 421-2560 

Email: law@avialex.com 

Attorneys for Martinaire Aviation, LLC 

RECEIVED 

MAY 2 2 2013 

HEARING DOCKET 

UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASIDNGTON, D.C. 

In the Matter of: 

MARTINAIRE AVIATION, LLC 

FAA Case: 2011SW700189 

FDMS: FAA-2013-0040 

MARTINAIRE AVIATION LLC'S FIRST 

DISCOVERY REQUEST 

Judge: The Honorable Richard C. Goodwin 

PROPOUNDED BY: Respondent, MARTINAIRE AVIATION, LLC 

SET NUMBER: One 

DATE OF REQUESTS: May 20,2013 

RESPONSES DUE: June 20, 2013 

TO THE DEPARTMENT OF TRANSPORTATION, THE HONORABLE 

RICHARD C. GOODWIN ADMINISTRATIVE LAW JUDGE, AND TO THE 

ADMINISTRATOR, FEDERAL AVIATION ADMINISTRATION AND HIS 

ATTORNEYS OF RECORD: 

MARTINAIRE AVIATION LLC (hereinafter referred to as "MARTINAIRE"), by and 

through its undersigned counsel, submits the following Discovery Requests. 
MARTINAIRE further requests that Complainant provide the following information in 

response to this Discovery Request on m J1ef'BlJ~!une 20, 20 3. /] 

/ tL \/'/ . / tei!lt~)~c~ ;)(1------, 

Mic ael L. Dworkin V 

Dated: May 20, 2013 

Attorney for MARTINAIRE AVIATION, LLC 

FDMS NO. FAA-2013-0040 

MARTINAIRE AVIATION, LLC'S FIRST DISCOVERY REQUEST 

2 
0.10 DEFINITIONS AND INSTRUCTIONS 

Please note: Court and counsel are requested to take judicial notice of 14 Code of 

Federal Regulations, Parts 1-198, commonly referred to as the "Federal Aviation 

Regulations" (hereinafter referred to as the "FAR's"), 49 Code of Federal Regulations, 

Parts 171-173 (hereinafter referred to as the "HMR's") and Title 49, United States Code, 

Transportation; all words used in this request shall have the same meaning as used in 

said FAR's, HMR's and Title 49, United States Code, Transportation, unless the sense 

indicates to the contrary. 

0.1 Anyone acting on your behalf- includes, but is not limited to, your attorneys, 

investigators, and their representatives, and consultants, including all experts. 

0.2 Person - includes a natural person, firm, association, organization, partnership, 

business trust, corporation, or public entity. 

0.3 Custodian - refers to the person having possession, custody or control. 

0.4 Writing - means handwriting, typewritten, printing, photostating, photographing, 

and every other means of recording upon any tangible thing, any form of communication 

or representation, including letters, words, pictures, sound, or symbols, or combinations 

thereof. 

0.5 You - includes Complainant, its agents, employees, attorneys, and anyone else 

acting on behalf of Complainant. 

0.6 Document or documents - includes writings, drawings, graphs, charts, photographs, 

phono-records, tapes, videotapes, films, and other compilations from which information 

can be obtained, translated through detection devices into reasonably usable form when 

translation is practicably necessary. 

FDMS NO. FAA-2013-0040 

MARTINAIRE AVIATION, LLC'S FIRST DISCOVERY REQUEST 

3 
0.7 Complainant- refers to the Federal Aviation Administration, its Administrator, 

directors, employees and agents, and includes, but is not limited to, its attorneys, 

investigators, and their representatives, and consultants, including all experts. 

1.0 DOCUMENTS SOUGHT TO BE PRODUCED 

MARTINAIRE acknowledges its prior receipt of portions of what Complainant has 

represented were the evidentiary portions of its case file. In the interests of economy, 

materials and docwnents heretofore provided by Complainant's counsel to 

MARTINAIRE's counsel need not be again produced. 

1.1. Produce Complainant's case file bearing FAA Docket No. FAA-2013-0040, 

FAA Case No. 2011SW700189 in its entirety, including, but not limited to, items of 

proof, exhibits, correspondence, memoranda, and all other docwnents contained therein. 

1.2. Produce all docwnents pertaining to the allegations set forth in the 

Complaint in this matter. 

1.3. Produce all documents which Complainant intends to utilize as exhibits at 

the hearing in this matter. 

1.4. Produce all statements and docwnents pertaining to statements made to 

Complainant by MARTINAIRE concerning the matters alleged in the Complaint. 

1.5. Produce all statements and documents pertaining to statements made to 

Complainant by any employees or former employees ofMARTINAIRE concerning the 

matters alleged in the Complaint. 

1.6. Produce all statements and docwnents pertaining to statements made to 

Complainant by any other person, firm or corporation, concerning the matters alleged in 

FDMS NO. FAA-2013-0040 

MARTINAIRE AVIATION, LLC'S FIRST DISCOVERY REQUEST 

4 
Complaint. 

1. 7 Produce all resumes, curriculum vitae and any and all written qualifications of 

all persons whom Complainant expects to utilize as expert witnesses at the hearing in this 

matter. 

1. 8. Produce all documents pertaining to facts and opinions held by 

Complainant's experts acquired or developed in anticipation of litigation or for the 

hearing in this matter. 

1.9. Produce all documents reviewed by Complainant's experts in connection 

with the anticipated litigation or hearing in this matter. 

1.1 0. Produce all documents generated by Complainant's experts in connection 

with the anticipated litigation or hearing in this matter. 

1.11 Produce all documents evidencing and/or pertaining to Complainant's 

computation ofthe proposed civil penalty in accordance with the Matrix set forth in FAA 

Order 2150.3B, FAA Compliance and Enforcement Program, Appendix C, Sanction 

Guidance Hazardous Materials Enforcement, Figure C-1. 

1.12 Produce all Orders Assessing Civil Penalty for the following HAZMA T 

cases:2012SVV700081;2011SVV700155;2011SVV700182;2011SVV700093; 

2010SVV700184; and 2010SVV700147. 

1.13 Produce all Orders Assessing Civil Penalty issued by the Complainant's 

Southwest Region relating to alleged violations of 49 CPR section 175.33(a)(l) by any 

person, firm, corporation or other entity within the preceding ten years. 

FDMS NO. FAA-2013-0040 

MARTINAIRE AVIATION, LLC'S FIRST DISCOVERY REQUEST 

5 
1.14 Produce all Orders Assessing Civil Penalty issued by the Complainant's 

Southwest Region relating to alleged violations of 49 CPR section 175.33(a)(1)(i) by any 

person, firm, corporation or other entity within the preceding ten years. 

1.15 Produce all Orders Assessing Civil Penalty issued by the Complainant's 

Southwest Region relating to alleged violations of 49 CPR section 175.33(a)(7) by any 

person, firm, corporation or other entity within the preceding ten years. 

1.16 Produce all documents evidencing mitigating actions taken by 

Respondent as a result of the FAA's July 8, 2011 HAZMAT inspection at 

MARTINAIRE's facilities at DFW Airport and its headquarters in Addison, Texas. 

1.17 Produce all documents supporting Complainant's contention that 

Notifications of Pilot-in-Command (NOPC) are intended to be utilized to assist first 

responders in the event of an aircraft mishap. 

2.0 INTERROGATORIES 

2.1. State the name, occupation, employer, address and telephone number of each 

person Complainant intends to call as a witness (including but not limited to percipient 

witnesses, investigators and experts) at the hearing. 

2.2. Provide copies of all documents Complainant intends to offer into evidence 

as exhibits at the hearing, including the name and address of its author or maker, the 

names and addresses of all persons who were addresses, the date on which it was created 

or made, the nature of the document and substance of the information or communication 

set forth in the document. 

2.3. For each expert witness Complainant intends to call at the hearing, provide a 

FDMS NO. FAA-2013-0040 

MARTINAIRE AVIATION, LLC'S FIRST DISCOVERY REQUEST 

6 
curriculum vitae, including a list of all publications authored in the previous 10 years and 

a list of all other cases in which, during the previous 4 years, the witness testified as an 

expert at trial or by deposition; 

2.4 For each expert witness Complainant intends to call at the hearing, provide a 

statement of all opinions the witness will express and the basis and reason for them; 

2.5 For each expert witness Complainant intends to call at the hearing, provide 

copies of any documents prepared or reviewed by said expert witness. 

2.6. If Complainant obtains additional documents not mentioned in response to 

Request No. 2.2, above, MARTINAIRE requests these documents be produced as 

expeditiously as possible. 

2.7. If Complainant secures additional witnesses not mentioned in response to 

Request No. 2.1, above, MARTINAIRE requests a supplementary witness list and a brief 

statement regarding the subject matter of the testimony of each of the witnesses. 

2.8 Provide a description or summary of any and all aggravating factors 

Complainant believes exist necessitating the penalty amount sought in this matter. 

2.9 Provide a description or summary of any and all mitigating factors 

Complainant took into consideration when determining the penalty amount sought in this 

matter. 

3.0 REQUESTS FOR ADMISSION 

3.1 ADMIT that the FAR violations described in the Complaint were the 

result of actions that are in express violation of Martinaire's own policies, procedures and 

manuals then in effect. 

FDMS NO. FAA-2013-0040 

MARTINAIRE AVIATION, LLC'S FIRST DISCOVERY REQUEST 

7 
3.2 ADMIT that Martinaire took full responsibility for the violations alleged 

in the complaint and worked with the FAA to address the violations and implement 

comprehensive corrective actions. 

3.3 ADMIT that on August 2, 20 ll Martinaire sent a letter to the FAA 

requesting comments and feedback regarding the corrective actions that Martinaire put in 

place. 

3.4 ADMIT that the FAA never responded to Martinaire's August 2, 2011 

letter before issuing a Notice of Proposed Civil Penalty on May 30, 2012. 

3.5 ADMIT that Martinaire pilots are responsible for loading their own 

aircraft and completing the information required by the NOPC form. 

3.6 ADMIT that at the July 8, 2011 HAZMAT inspection, the FAA reviewed 

several hundred NOPC's. 

3. 7 ADMIT that the penalty sought in this action is the largest ever sought by 

the FAA Southwest Region for violations of 49 C.F.R. Sections l75.33(a)(l), 

l75.33(a)(l)(i), and l75.33(a)(7), or a combination thereof. 

3.8 ADMIT that Order 2150.3B, FAA Compliance and Enforcement Program, 

Chapter 7., Sanction Guidance Policies, Paragraph 6.b., General Sanction Guidance, 

states: 

Simply adding up the individual penalties for each violation could result in 

compounding a sanction in a disproportionately harsh manner for the conduct 

involved. 

3.9 ADMIT that Order 2150.3B, FAA Compliance and Enforcement Program, 

Chapter 7., Sanction Guidance Policies, Paragraph 7.b., Limitations on Total Civil 

Penalty Amounts for Numerous Multiple Violations, clause (2), states: 

FDMS NO. FAA-2013-0040 

MARTINAIRE AVIATION, LLC'S FIRST DISCOVERY REQUEST 

8 
The term isolated in Figures 7-1 and 7-2 typically describes a single instance of an 

employee's failure to follow a statutory or regulatory requirement, contrary to the 

company's own practice or procedure. A case may involve a number of isolated 

and unrelated violations. Each group of the multiple violations resulting from 

each isolated violation ordinarily is subject to the isolated, inadvertent ranges in 

Figures 7-1 or 7-2. 

3.10 ADMIT that Order 2150.3B, FAA Compliance and Enforcement Program, 

Chapter 7., Sanction Guidance Policies, Paragraph 7.c., Penalties Outside the Ranges, 

Clause (1 ), Penalties lower than the ranges, states: 

It may be appropriate to select a civil penalty amount below the ranges in Figures 

7-1 or 7-2 if the degree of culpability is minimal, the degree of potential hazard is 

extremely low, and there are no other aggravating circumstances. 

3.11 ADMIT that MARTINAIRE is a "small business entity" as that term is 

utilized in Order 2150.3B, FAA Compliance and Enforcement Program, Appendix C, 

Sanction Guidance Hazardous Materials Enforcement, Paragraph 5. 

3.12 ADMIT that in December 2012, MARTINAIRE provided certain 

confidential financial records and information at Complainant's request which 

Complainant has since requested again in its First Request for Production of Documents. 

Respectfully submitted this 20th day of May, 2013. 

~ghal(l L. D\Vorkin t;d Associates 

///// /lh:i~~~~ Michael L. Dworkin 

FDMS NO. FAA-2013-0040 

MARTINAIRE AVIATION, LLC'S FIRST DISCOVERY REQUEST 

9 
CERTIFICATE OF SERVICE 

The undersigned hereby certifies that on this 201

h day of May, 2013, a true and 

correct copy of the foregoing MARTINAIRE AVIATION'S FIRST SET OF 

DISCOVERY REQUESTS was served as follows: 

The Honorable Richard C. Goodwin 

Office of Hearings, M-20 

1200 New Jersey Avenue, S.E. 

East Building Ground Floor 

Room El2-320 

Washington, D.C. 20590 

FAX: 1-202-366-7536 

{via FAX and FEDEX} 

Federal Aviation Administration 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building- Suite 2Wl 000 

800 Independence Avenue SW 

Washington, DC 20591 

{viaFEDEX} 

Eric E. Anderson, Regional Counsel 

James Archier, Agency Attorney 

Federal Aviation Administration 

Southwest Region, ASW-7 

2601 Meacham Boulevard, Suite 6E 

Fort Worth, Texas 76137 

FAX: (817) 222-5092 

{via FAX and FEDEX} 

Caitlin Miller 

FDMS NO. FAA-2013-0040 

MARTINAIRE AVIATION, LLC'S FIRST DISCOVERY REQUEST 

10