U.S.DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS FEDERALAVIATION ADMINISTRATION FEDERAL AVIATION ADMINISTRATION, Complainant,

vs. DGW, Inc., d/b/aMelrose T-Top, Inti, Respondent. FAADocketNo. 2014-0546 Judge: Richard C. GoodwiR

# E C EIVED OCT 2 9 2014 

## HEARING DOCKET RESPONDENT'S FIRSTREQUEST FORPRODUCTION OF DOCUMENTS Now COMES the Respondent, DGW, Inc., d/b/a Melrose T-Top ("Melrose"), by and through its attorneys, GRIFFINIWILLIAMS, LLP, and requests that Complainant, Federal Aviation Administration, produce the following documents at our office for inspection and copying, at a time mutually agreeable between the parties within twentyeight (28) days after service hereof: DEFINITIONS In construing these discovery requests, the following words, as well as other various forms of these words, unless otherwise indicated, shall have the following meamngs: A. The term "FAA" or "Complainant" shall refer to Complainant, Federal Aviation Administration, its officers, directors, shareholders, employees, and agents, acting individually orjointly, orjointly with any other person or entity, as well as any person acting on its behalf in any capacity, including its attorneys, or any employee, agent, investigator or representative ofthe FAA. B. The term "Melrose T-Top" or "Respondent" shall referto RespondentDGW, Inc., d/b/a Melrose T-Top, Intl, its officers, directors, shareholders, employees, and agents, acting individually orjointly, orjointly with any other person or entity, as well as any person acting on its behalf in any capacity, including its attorneys, or any employee, agent, investigator orrepresentative ofMelrose T-Top.

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### C. The tenn "UPS" shall refer to United Parcel Service ofAmerica, Inc., its officers, directors, shareholders, employees, and agents, acting individually orjointly, orjointly with any otherpersonor entity, as well as anyperson acting onits behalfin any capacity, including its attorneys, or any employee, agent, investigator orrepresentative ofUPS. D. The tenn "Package" or "Shipment" shall refer to the package Melrose T-Top marked "ORM-D" and offered for delivery to UPS onMarch 13, 2013 that is the subject ofthe Complaint. E. The tenn "Person" or "Persons" means a naturalperson or an entity, any business entity, association, group, any federal, state orlocal government agency orbody. F. The tenn "Document" or "Documentation" means all written, recorded, and graphic material, however produced orreproduced, whether ornot privileged, pertaining in any wayto the subject matter ofthis action. This defmition includes, but is not limited to, all originals, copies, and drafts ofthe following: records, notes, summaries, schedules, contracts, agreements, drawings, sketches, invoices, orders, acknowledgments, diaries, reports, memoranda ofall conversations by or with any person, telephone messages, all other memoranda, letters, telegrams, telexes, and cables prepared, drafted, received or sent, tapes, transcripts, and recordings, photographs, pictures, and films, computer programs, email, data stored on optical media (CD), magnetic disc or hard drive, and all other graphic, symbolic, recorded, and written materials ofany nature, whatsoever, and any other document and tangible item subject to discovery under Supreme Court Rule 214. 

### G. The tenn "Concerning" means, but is not necessarily limited to: contammg, referring to, relating to, comprising, constituting, connected with, about, regarding, mentioning, discussing, describing, referring to, reflecting upon, evidencing, discussing, describing, mentioning, summarizing or connecting in any way logically or factually to the matter described in the Interrogatory. H. The tenn "Knowledge" means firsthand information acquired through the five senses and information, other than firsthand information, deriving from any source, including hearsayknowledge. I. 

### The term "Statement" means any oral, written, court reported, recorded or other expression of opinion and/or fact, which pertains to the occurrences alleged in the Complaint orto the damages claimed to have resultedthere from. J. 

### The tenn "Communication" or "Communications" means all communications of any nature whatsoever, whether oral, in writing, ornon-verbal gestures. K. 

### To "Identify" a person, means to state with respect to each such person: (1) the individual's full name; (2) all other names bywhich he has ever been known; (3) his last known home and business addresses; and (4) his job positions and business affiliations, from the date ofthe occurrence alleged inthe Complaint to the present date.

2L. To "Identify" a corporation or other entity, means to state with respect to each such corporation or other entity: (1) the full name ofthe corporation and the principal place ofbusiness; (2) the state ofincorporation; (3) the date ofincorporation; and (4) the chiefexecutive officer thereof M. To "Identify" a document or other written communication, means to state with respect to such document or other written communication: (1) the date ofpreparation of the document; (2) the date the party acquired the document, ifapplicable; (3) the author, title, and subject matter or nature; ( 4) the place of preparation, present location, and present custodian; and (5) each and every other person, who participated in or directed the preparation ofthe document, or received a copy of the document; stating whether responsive documents no longer within a party's access, possession, or control are not identical to the original or are missing, lost, destroyed, transferred or disposed of otherwise. N. To "Identify" a meeting means to state with respect to such meeting: (1) the date and place ofthe meeting; (2) the identity ofeachand everypersonpresent at the meeting; (3) the general description ofthe substance ofthe discussions and the decisions (ifany) reached at, or as a result of, the meeting; and (4) the identity ofeach and everydocument concerning any of the subjects discussed or to be discussed at the meeting, including agendas. 0. To "IdentifY'' an oral conversation means to state with respect to such oral conversation: (1) the date and place ofthe conversation; (2) the identityofeach and every person who participated in, or was present during the conversation; (3) a general description ofthe substance ofthe conversation; and (4) the identity ofeach and every document concerning the conversation. P. As used herein, the singular includes theplural, and the plural includes the singular; the masculine, feminine or neuter pronouns include each other; the disjunctive "or" and the conjunctive "and" include each other; and each ofthe functional words "each", "every", "any", and "all" shall include all ofthe other functional words, as necessary to bring within the scope ofthis request any documents that might otherwise be construedto be outside the scope. INSTRUCTIONS A. In responding to these requests, furnish all information in the possession of Complainant, its agents, employees, and any otherpersons acting onits behalf. B. These requests are to be deemed continuing. Complainant is requested to provide, by way ofsupplementary responses, such additional information and documentation as may hereafter be obtained by Complainant, or anyperson on Complainant's behalf, that will augment, supplement or otherwise modify the answers now given to the following requests.

3C. If any of these requests cannot be responded to in full, answer to the extent possible, specifying the reasons for Complainant's inability to answer to the remainder and stating what informationyou do have concerning the unansweredportion. REQUESTS TO PRODUCE 1. Anyand all documents, handbooks, correspondence, and memoranda concerning Complainant's rules, policies, requirements, and suggestions regarding the discovery andreporting ofallegedviolation(s). 2. Any and all documents, correspondence, and memoranda sent to orreceived by UPS concerning the events, transactions, or occurrences that gave rise to the action. 3. Copies ofanyand all transcripts ofrecorded statements concerning the events, transactions, or occurrences that gave rise to the action, including but not limited to the report ofthe alleged violation(s) and any statement(s) bythe Respondent. 4. Any and all photographs in Respondent's possession, custody, and/or control concerning the events, transactions, or occurrences that gave rise to the action, including but not limitedto photographs ofthe damagedPackage, the contents thereof, and any allegedproperty damage. 5. The originalpackage and its contents for purposes ofan inspection. 6. Any and all documents usedbyComplainant inanswering Respondent's First Set ofinterrogatories. 7. An affidavit ofcompleteness.

Richard L. Williams JoshuaM. Feagans KristinN. Stone GRIFFINIWILLIAMS LLP 501 W. State Street, Suite 203 Geneva, IL 60134 (630) 457-1205 (630) 262-0644 facsimile Respectfully submitted, DGW, Inc., d/b/aMelrose T-Top

4CERTIFICATE OF SERVICE The undersigned, an attorney duly licensed to practice law inthe State ofIllinois, does hereby certify that she caused a copy ofthe foregoing Respondent's First Request for Production ofDocuments to served upon the parties indicated below, by depositing a copy of same in the U.S. Mail, in Geneva, Illinois, postage pre-paid, by 5:00 p.m. on October23,2014. Federal AviationAdministration Attn: Hearing Docket Clerk, AGC-430 Wilbur WrightBuilding- Suite 2W1000 800 Independence Avenue, S.W. Washington, DC 20591 ChristopherR. Stevenson, Esq. Office ofRegional General Counsel, AS0-7 Federal AviationAdministration SouthernRegion 1701 ColumbiaAvenue College Park, Georgia 30337 Hon. Richard C. Goodwin Attn: PatriciaMatthews U.S. Administrative LawJudge Office ofHearings, M-20 U.S. Department ofTransportation 1200NewJersey Avenue, S.E. (Ell-310) Washington, D.C. 20590

Dated: October



### ~3, 2014

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