WILKERSON 

HOZUBIN 

910 K SnSET, SUITE 405 

ANCHORAGE, AK 99501 

TIL: (H7) 27S^20T 

FAX: (907) Z7S4291 

In the Matter of: 

TGI FREIGHT 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, DC 3PY 

)FAA Docket No. CP10NM0012 

)DMS NO. FAA-2010-1079 

)Judge RICHARD C. GOODWIN 

MOTION AND MEMORANDUM IN LIMINE RE: PRIOR INVESTIGATIONS 

TGI Freight (hereinafter "TGI") , through its attorneys, 

Wilkerson Hozubin, hereby moves to preclude the FAA from 

presenting any evidence at the hearing of 1) any prior 

investigations conducted by the FAA of TGI; 2) any shipments 

made by TGI before February 19, 2010, that the FAA alleges to 

have not been handled properly; and 3) any alleged violations 

of federal regulations by TGI prior to February 19, 2010, Such 

information is not relevant to these proceedings. Further, 

even if it were relevant, it is more prejudicial than 

probative. Finally, such information would violate Federal R. 

Evid. 404(b). 

The Federal Rules of Evidence define "relevant evidence" 

as 

evidence having any tendency to make the existence of 

any fact that is not of consequence to the 

determination of the action more probable or less 

probable than it would be without the evidence. 

Fed. R. Evid. 401. Irrelevant evidence is inadmissible. Fed. 

R. Evid. 402. In this case, any investigations conducted by 
the FAA regarding TGI prior to February 19, 2010, are not 

relevant to these proceedings. This matter pertains to a 

shipment that was made on February 19, 2010, nothing further. 

Evidence of anything else would be irrelevant. 

Further, even if evidence of any investigations or matters 

prior to February 19, 2010, are relevant, they should be 

excluded as being unfairly prejudicial. The only purpose to 

present such evidence at the hearing would be to try to cast 

TGI in a poor light before this tribunal. Fed. R. Evid. 403 

prohibits such conduct. 

Finally, if the F7\A were to present any such evidence, it 

would violate Fed. R. Evid. 404(b) which precludes evidence of 

other wrongdoings or acts to provide that the person or entity, 

in this case TGI, acted in conformity of prior conduct. There 

is no reasonable basis to present such evidence. 

TGI respectfully requests an Order precluding the FAA from 

presenting any evidence at the hearing of 1) any prior 

investigations conducted by the FAA of TGI; 2) any shipments 

made by TGI before February 19, 2010, that the FAA alleges to 

have not been handled properly; and 3) any alleged violations 

of federal regulations by TGI prior to February 19, 2010. 

WILKERSON 

HOZUBIN 

sioKsmtETr.sm'EMs 

ANOKHLAGE, AK 99501 

TEL: (907) 27ft52»7 

FAX: <M7) 27M291 In the Matter of TGI Freight 

Docket No. CP10NM0012 

Page 2 
WILKERSON 

HOZUBIN 

aioKmiEET.surrEMs 

ANOiOR AGE. AK M901 

TEL: ffOT) 27M297 

FAX: (907) 27UZ01 

DATED this ^U- day of September, 2011. 

WILKERSON HOZUBIN 

Attorneys for TGI Freight 

By: 

R^ecc^ J. 

AK Bar No. /9 

CERTIFICATE OF SERVICE 

I hereby certify that on the 

^ ^ day of September, 2011, a true 

and correct copy of the foregoing 

was mailed to the following: 

Original Plus 1 Copy 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Washington, DC 20591 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building-Suite 2W1000 

One Copy 

Howard L. Martin, Jr. 

Regional Counsel, Office of Regional Counsel, AAL-7 

Alaskan Region 

Federal Aviation Administration 

222 W 7"^^ Avenue #14 

Anchorage, AK 99513-7587 

Cheryl M. Jones, Sr. Attorney 

Office of Regional Counsel 

Alaska Region 

Federal Aviation Administration 

222 West 7*^^ Avenue #14 

Anchorage, AK 99513-7 587 

The Honorable Richard C. Goodwin, Administrative Law Judge 

U.S. Department of Transportation 

Office of Hearings, M-20 

1200 New Jersey Avenue, S.E. 

East Building, Ground Floor, Room E12-320 

Washington, DC 20590 

WILKERSON HOZUBIN 

9100/ lor Investigations 

In the Matter of TGI Freight 

Docket No. CP10NM0012 

Page 3 
WILKERSON 

HOZUBIN 

3t0 K SnUIT, SUITE 405 

ANCHORAGE, AK 99501 

TEL: (907) 27U297 

FAX: (907) 27frj291 

U.S. DEPARTMENT OF TE^NSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, DC 

In the Matter of 

TGI FREIGHT 

) 

)FAA Docket No. CP10NM0012 

)DMS NO. FAA~2010-1079 

)Judge RICHARD C. GOODWIN 

(PROPOSED) ORDER GRANTING TGI'S 

MOTION IN LIMINE RE: PRIOR INVESTIGATIONS 

Having reviewed TGI's Motion i n Limine re: Prior 

Investigations, and any opposition thereto, this Judge finds 

the motion well taken. Accordingly, it is GRANTED. The FAA is 

precluded from presenting any evidence at the hearing of 1) any 

prior investigations conducted by the FAA of TGI; 2) any 

shipments made by TGI before February 19, 2010, that the FAA 

alleges to have not been handled properly; and 3) any alleged 

violations of federal regulations by TGI prior to February 19, 

2010. Such evidence is not relevant to these proceedings and, 

if it were relevant, it would be more prejudicial than 

probative and violate Fed. R. Evid. 404(b). 

DATED this day of , 2011. 

Honorable Richard C. Goodwin 

U.S. Administrative Law Judge 
WILKERSON 

HOZXffilN 

310 KSTTRBCT, SUITE « S 

ANCHOIIAGE, AX 09501 

TEL: (W7> 27«297 

FAX: (»7) 276-S29I 

CERTIFICATE OF SERVICE 

I hereby certify that on the 

^ y ^ day of September, 2011, a true 

and correct copy of the foregoing 

was mailed to the following: 

Original Plus 1 Copy 

Federal Aviation Administration 

BOO Independence Avenue, S.W. 

Washington, DC 20591 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building-Suite 2W1000 

One Copy 

Howard L. Martin, Jr. 

Regional Counsel, Office of Regional Counsel, AAL-7 

Alaskan Region 

Federal Aviation Administration 

222 W 1^^ Avenue #14 

Anchorage, AK 99513-7587 

Cheryl M. Jones, Sr. Attorney 

Office of Regional Counsel 

Alaska Region 

Federal Aviation Administration 

222 West 7^^ Avenue #14 

Anchorage, AK 99513-7587 

The Honorable Richard C. Goodwin, Administrative Law Judge 

U.S. Department of Transportation 

Office of Hearings, M-20 

1200 New Jersey Avenue, S.E. 

East Building, Ground Floor, Room E12-320 

Washington, DC 20590 

WILKERSON HOZUBIN 

By; 

Carol^L. McNets*" '>ja<. 

9100/942/plead/MIL re Prior Investigation-Orde r 

In th e Matter of TGI Freight 

Docket No. CP10NM0012 

Page 2