03/28/2012 09:19 FAX 3107256816 AWP-7 141001 

Federal Aviation 

Administration 

Hearing Docket Clerk, AGC-430 & Judge Office of the Regional Counsel, AWP-7 

Richard C. Goodwin PO Box92007 

To: 

Phone: 

Fax: 1202'1 493-5142 &12021 366-7536 

From: Lindsav Nakamura 

Title: FAA Attomev, AWP-7.11 

March 28, 2012 

Date: 

21 

Pages w/cover: 

D Per your Request 

D For Coordination 

NOTF.S/COMMENTS: 

Los Angeles, CA 90009-2007 

Telephone: (310) 725-7138 

Facsimile: (310) 725-<;816 

Email: 

Facsimile 

Description of item being transmitted: 

Motion to Compel 

D For Review D Please Comment 

t1- Hard Copy to Follow via US MAlL 

RE: Administrator, FAA v, Brice E. Thompson, FAA Case No. 2011WP110014, FDMS No. FAA-2011-1119 

The information contained in this facsimile message is intended for the use of the designated addressee only. 

The information transmitted may be subject to the attorney-client privilege or may be protected under the Privacy 

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7100 AND DESTROY THE ORIGINAL OF THIS COMMUNICATION. Thank You. 

0 U.S. Oepattmer~t of Transportation 
03/28/2012 09:19 FAX 3107256816 AWP-7 

U.S. DEPARTMENT OF TRANSPORT A TJON 

OFFICE OF HEARINGS 

WASHINGTON, DC 

In the Matter of Brice E. Thompson, FAA Docket No.: unassigned 

FDMS No.: FAA-2011-1119 

Respondent. FAA Region: Western-Pacif\c 

Judge: Richard C. Goodwin 

COMPLAINANT'S MOTION TO COMPEL 

To: Honorable Richard C. Goodwin, Administrative Law Judge, and Respondent, Brice E. 

Thompson: 

COMES NOW, Complainant Federal Aviation Administration (FAA) WesternPaciilc Region, by counsel, and files this Motion to Compel pursuant to sections I 3 .218( a) 

and 13.220(m) of Title 14 of the Code of Federal Regulations. This motion is based on 

Respondent's failure to respond to Complainant's discovery requests. 

FACTS 

1. On November 4, 2011, Respondent filed his Answer to the Complaint, and 

advised that his new address was P.O. Box 11632, Reno, Nevada, 89510. 

2. On January 30, 2012, Complainant's First Set of Discovety to Respcl!ldent 

141002 

("Discovery Requests") was mailed to Respondent by certified mail, return receipt requested 

[tracking number 7001 0360 0004 3958 2044'1, and by regLtlar first class mail at his address 

of record at P.O. Box 11632, Reno, Nevada, 89510. (See attached Declaration of Agnes 

Ebilane.) 
03/28/2012 09:19 FAX 3107256816 AWP-7 141003 

2 

3. On February 8, 2012, the envelope containing Complainant's Discovery 

Requests and mailed by certified mail, return receipt requested was returned to the Western" 

Pacific Regional Counsel's office by the Unite:d States Postal Service, ard was mm"ked 

"retum to sender, attempted- not known, unable to forward." (See attached Declaration of 

Agnes Ebilane.) 

4. On February 8, 2012, the envelope containing Complainant's Discovery 

Requests and mailed by regular first class mail was returned to the Western-Pacific Regional 

Counsel's office by the United States Postal Service, and was marked "return to sender, 

attempted- not known, unable to forward." (See attached Declaration of Agnes Ehilane.) 

5. To date, Respondent has not notified the Western-Pacific Regional Counsel's 

office of a change of address. (See attached D~claration of Agnes Ebilane.) 

6. To date, the Western-Pacific Regional Counsel's office has not received a 

response from Respondent to Complainant's Discovery Requests, nor has there been a 

request for an extension of time in which to file a response. 

ARGUMENT 

Section l3.21l(g) ofthe Rules of Practice [14 C.F.R. section !3.21l(g)J states: "A 

document that was properly addressed, was sen.t in accordance with this subpart, and that 

was returned, that was not claimed, or that was refused, is deemed to have been served in 

accordance with this subpart. The service shall be considered valid as of the date and the 

time that the document was deposited with a contract or expressed messenger, the document 

was mailed, or personal delivery of the document was refused." Here, Complainani's 

Discovery Requests were properly addressed, were mailed to Respondent at his cun·ent 

:1ddress of record by certified mail, return receipt requested and regular tlrst class mail, and 
03/28/2012 09:19 FAX 3107256816 AWP-7 I!IJ 004 

were return.ed by the United States Postal SerYice. Thus, Complainant's Discoverv Requests 

were served in accordance with the Rules of Practice. 

Section 13 .220(m) of the Rules ofPra~;tice states: "A pa1ty may make a motion to 

compel discovery if a person refuses to answer a question during a deposition, a party fails 

or refuses to answer an interrogatory, if a person gives an evasive or incomplete answer 

during a deposition or when responding to an inteu:ogatory, or a party fails or rd\."es to 

produce documents or tangible items." Here, Complainant's Discovery Requests ·were sent 

to Respondent on January 30,2012, and Respondent was requested to respond to the 

Interrogatories and Requests for Production of Documents, separately and fully umler oath, 

within twenty-ftve (25) days of the date of service. Pursuant to section 13.211 ofthe Rules 

of Practice, the date of service is the mailing date shown on the certificate of service, and 

after service by mail, an additional five (5) days is added !o the prescribed period for a 

response_ Accordingly, Respondent's response to Complainant's Discovery Requests was 

due on or before February 29, 2012. To date, Respondent has failed to respond to 

Complainant's Discovery Requests, nor has he requested an extension oftime in which to 

submit his response. 

Without responses to the propounded discovery, Complainant will be hampered in its 

ability to prepare for a hearing in this matter. Therefore, Complainant requests that the 

Administrative Law Judge issue an Order compelling Respondent to provide separate and 

~omplete answers to each of the pending discovery requests served ,January 30,2012, and 

that said responses be ordered served so that they are received by Complainant no later than 

1\pril 11, 2012. In the event Respondent fails to comply with the Order to Compel, 

Complainant requests the Administrative Law Judge issue an Order making negative 
03/28/2012 09:19 FAX 3107256816 AWP-7 

inferences against Respondent relative to the matters sought and not provided, a pt'eclusion 

order, dismissal, or other relief deemed appropriate by the court. 

Respectfully submitted, 

NAOMI TSUDA 

Regional Counsel 

By: 

Dated: March 28, 2012 

lilJ 005 

4 
03/28/2012 09:19 FAX 3107256816 

FAA Docket No.: unassigned 

FDMS No.: FAA-2011-1119 

AWP-7 

CERTIFlCATE OF SERVICE 

Document Title: Complainant's Motion to Compel 

I hereby certify that on this date I sent via United States mail, postage prepaid, the executed 

original and one copy, as well as one copy by tacsimile, of the above-referenced document, 

addressed as follows: 

Federal Aviation Administration 

800 Independence Avenue, SW 

Washington, DC 20591 

Attn: Hearing Docket Clerk AGC-430 

Wilbur Wright Building-Suite 2W1000 

Facsimile: (202) 493-5142 

I further certify that on this date I sent via United States mail, postage prepaid, one copy, as 

well as one copy by facsimile, of the above-referenced document, addressed as follows: 

Hon. Richard C. Goodwin 

Office of Hearings, M-20 

U.S. Department of Transportation 

1200 New Jersey Ave., S.E. 

Washington, D.C. 20590 

Facsimile: (202) 366-7536 

l further certify that on this date I sent via United States mail, postage prepaid, and United 

States certified mail, return-receipt requested, postage prepaid, one copy of the abovereferenced document, addressed as follows: 

Dated: March 28,2012 

~ega! Technician 

Brice E. Thompson 

P.O. Box ll632 

Rcno,NV 89510 

Office of the Regional Counsel 

Federal Aviation Administration 

Lawndale, California 90260 

lill 006 

5 
03/28/2012 09:19 FAX 3107256816 AWP-7 I4J 007 

DECLARATION OF AGNES EBILANE 

I, AGNES EBILANE, declare as follows: 

All matters stated herein are within my own personal knowledge, and if called as a 

witness, I could and would competently testifY as follows: 

I. I an1 a Legal Technician in the Office of the Regional CounseL Federal 

Aviation Administration, Western-Pacific Region. 

2. On January 30, 2012, I mailed Complainant's First Set of Discovery to 

Respondent ("Discovery Requests") to Brice E. Thompson, FDMS No. FAA~20l1-1119, by 

certified mail, return receipt requested [tracking number 7001 0360 0004 3958 2044], and by 

re:gular first class mail upon Mr. Thompson at his address of record at P.O. Box 11632, Reno, 

Nevada 89510. A true and correct copy of the Certit!ed Mail Receipt is attached as Exhibit 

"'i\". 

3. On February 8, 2012, the envelope containing Complainant's Discovery 

R·~quests and mailed by certified mail, return receipt requested was returned to this office by 

the United States Postal Servi.ce, and was marked "return to sender, attempted -nor known, 

unable to forward." A true and correct copy of the envelope containing Complainant's 

Discovery Requests and mailed by certified mail, return receipt requested is attached hereto 

as Exhibit "B". 

4_ On February 8, 2012, the envelope containing Complainant's Discovery 

Requests and mailed by regular first class mail was retun1ed to iliis office by the United 

States Postal Service, and was marked "return to sender, attempted - not k11own., unable to 
03/28/2012 09:19 FAX 3107256816 AWP-7 141008 

forward." A true and correct copy of the envelope containing Complainant's Discovery 

Requests and mailed by regular first class mail is attached hereto as Exhibit "C"_ 

5. To date, Mr. Thompson has not notified this office of a change of address. 

6. To date, this office has not received a response f~om Mr. Thompson to 

Complainant's Discovery Requests, nor has there been a request for an extension of time in 

which to file a response. 

I declare under penalty of pe!jury under the laws of the United States of America that 

the foregoing is true and correct. 

Signed this zgth day ofMarch, 20!2, in Hawthorne, CA. 
03/28/2012 09:19 FAX 3107256816 AWP-7 141009 

U-S. Postal Service ! , CERTIFIED MAIL RE!::EIPT : . 

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P. 0. Box 11632 

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03/28/2012 09:20 FAX 3107256816 AWP-7 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, ))C 

In the Matter of Brice E. Thompson, FAA Docket No.: unassigned 

FOMS No.: FAA-2011-1119 

Respondent. FAA Region: Western-Pacific 

Judge: Richard C. Goodwin 

COMPLAINANT'S MOTION TO COMPEL 

To: Honorable Richard C. Goodwin, Administrative Law Judge, and Respondent, Brice E. 

Thompson: 

COMES NOW, Complainant Federal Aviation Administration (FAA) WesternPacific Region, by counsel, and files this Motion to Compel pursuant to sections 1:'.218(a) 

and 13.220(m) of Title 14 of the Code of Federal Regulations. This motion is based on 

Respondent's failure to respond to Complainant's discovery requests. 

FACTS 

1. On November 4, 2011, Respondent filed his Answer to the Complaint, and 

advised that his new address was P.O. Box 11632, Reno, Nevada, 8951 0. 

2. On January 30, 2012, Complainant's First Set of Discovery to Respondent 

l4l 012 

("Discovery Requests") was mailed to Respondent by certified mail, return receipt requested 

[tracking number 7001 0360 0004 3958 2044], and by regular first class mail at his address 

of record at P.O. Box 11632, Reno, Nevada, 89510. (See attached Declaration of Agnes 

Ebilane.) 
03/28/2012 09:20 FAX 3107256816 AWP-7 141013 

2 

3. On February 8, 2012, the envelope containing Complainant's Discovery 

Requests and mailed by certified mail, return receipt requested was returned to the Western" 

Pacific Regional Counsel's office by the United States Postal Service, and was marked 

"return to sender, attempted- not known, unable to f01ward." (See attached Declaration of 

Agnes Ebilane.) 

4. On February 8, 2012, the envelope containing Complainant's Discovery 

Requests and mailed by regular first class mail was returned to the Westem-Pacifk Regional 

Counsel's office by the United States Postal Service, and was marked "return to sender, 

attempted- not known, unable to forward." (See attached Declarati.on of Agnes Ehilane.) 

5. To date, Respondent has not notified the Western-Pacific Regional Counsel's 

office ofa change of address- (See attached Declaration of Agnes Ebilane_) 

6. To date, the Western-Pacific Regional Counsel's office has not received a 

response from Respondent to Complainant's Discovery Requests, nor has there been a 

request for an extension of time in which to tile a response. 

ARGUMENT 

Section 13.2ll(g) of the Rules ot'Practice [14 C.F.R. section 13.2ll(g)] states: "A 

document that was properly addressed, was sent in accordance with this subpart, and that 

was returned, that was not claimed, or that was refused, is deemed to have been served in 

accordance with this subpart_ The service shall be considered valid as of the date and the 

time that the document was deposited with a contract or expressed messenger, the document 

was mailed, or personal delivery of the document was refused." Here, Complainan1's 

Discovery Requ.ests were properly addressed, were mailed to Respondent at his current 

address of record by certified mail, return receipt requested and regular ftrst class mail, and 
03/28/2012 09:20 FAX 3107256816 AlVP-7 lill 014 

3 

were retum.ed by the United States Postal Service. Thus, Complainant's Discovery Requests 

were served in accordance with the Rules of Practice. 

Section l3.220(rn) of the Rules of Practice states: "A party may make a motion to 

compel discovery if a person refuses to answer a question during a deposition, a party fails 

or refuses to answer an interrogatory, if a person gives an evasive or incomplete answer 

during a deposition or when responding to an interrogatory, or a party fails or refuses to 

produce documents or tangible items." Here, Complainant's Discovery Requests "rene sent 

to Respondent on January 30, 2012, and Respondent was requested to respond to the 

Interrogatories ard Requests for Production of Documents, separately and fully under oath, 

within twenty-five (25) days ofthe date of service. Pursuant to section 13.211 ofthe Rules 

of Practice, the date of service is the mailing date shown on the certificate of service, and 

after service by mail, an additional five (5) days is added to the prescribed period for a 

response. Accordingly, Respondent's response to Complainant's Discovery Requests was 

due on or before February 29, 2012_ To date, Respondent has failed to respond to 

Complainant's Discovery Requests, nor has he requested an extension of time in which to 

submit his response. 

Without responses to the propounded discovery, Complainant will be hampered in its 

ability to prepare for a heating in this matter. Therefore, Complainant requests that the 

Administrative Law Judge issue an Order compelling Respondent to provide separate and 

,;omplete answers to each ofthe pending discovery requests served January 30,2012, and 

that said responses be ordered served so that they are received by Complainaot no later than 

'\pril 1 I, 2012. In the event Respondent fails to comply with the Order to CompeL 

Complainant requests the Administrative Law Judge issue an Order making negative 
03/28/2012 09:20 FAX 3107256816 AWP-7 

inferences against Respondent relative to the matters sought and not provided, a pTeclusion 

order, dismissal, or other relief deemed appropriate by the court 

Respectfully submitted, 

NAOMI TSUDA 

Regional Counsel 

By: ~M.~,Afoht1~ I:; ds~y M. N·~ amura 

Attorney 

Dated: March 28,2012 

141015 

4 
03/28/2012 09:20 FAX 3107256816 

FAA Docket No.: unassigned 

FDMS No.: F AA-20ll-1ll9 

AWP-7 

CERTIFICATE OF SERViCE 

Document Title: Complainant's Motion to Compel 

I hereby certify that on this date I sent via United States mail, postage prepaid, the executed 

original and one copy, as well as one copy by facsimile, of the above-referenced document, 

addressed as follows: 

Federal Aviation Administration 

800 Independence Avenue, SW 

Washington, DC 20591 

Attn: Hearing Docket Clerk. AGC-430 

Wilbur Wright Building-Suite 2Wl 000 

Facsimile: (202) 493-5142 

T further certify that on this date I sent via United States mail, postage prepaid, one copy, as 

well as one copy by facsimile, of the above-referenced document, addressed as follows: 

Hon. Richard C. Goodwin 

Office of Hearings, M-20 

U.S. Department of'fransportation 

1200 New Jersey Ave., S.E. 

Washington, D.C. 20590 

Facsimile: (202) 366-7536 

1 further certify that on this date I sent via United States mail, postage prepaid, and United 

States certified mail, return-receipt requested, postage prepaid, one copy of the abovereferenced document, addressed as follows: 

Dated: March 28, 2012 

Brice E. Thompson 

P.O. Box 11632 

Reno, NV 89510 

Joff-K~~ Legal Technician 

Office of the Regional Counsel 

Federal Aviation Adn1inistration 

Lawndale, California 90260 

141 016 

5 
03/28/2012 09:20 FAX 3107256816 A\VP-7 liil 017 

DECLARATION OF AGNES EBILANE 

I, AGNES EBILANE, declare as follows: 

All matters stated herein are within my own personal knowledge, and if called as a 

witness, I could and would competently testify as follows: 

I. l am a Legal Technician in the Office of the Regional CounseL Federal 

Aviation Administration, Westem~Pacific Region. 

2. On January 30, 2012, I mailed Complainant's First Set of Discovery to 

Respondent ("Discovery Requests") to Brice E. Thompson, FDMS No. FAA-2011-1119, by 

certified mail, return receipt requested [tracking number 7001 0360 0004 3958 20441, and by 

regular first class mail upon Mr. Thompson at his address of record at P.O. Box 11632, Reno, 

Nevada 89510. A true and correct copy of the Certified Mail Receipt is attached as Exhibit 

''A.". 

3. On February 8, 2012, the envelope containing Complainant's Discovery 

Requests and mailed by certified mail, return receipt requested was returned to this office by 

the United States Postal Service, and was marked "return to sender, attempted - no1: known, 

unable to forward." A true and correct copy of the envelope containing Complainant's 

Discovery Requests and mailed by certified mail, return receipt requested is attached hereto 

as Exhibit "B". 

4. On February 8, 2012, the envelope containing Complainant's Discovery 

Requests and mailed by regular first class mail was returned to this office by the United 

States Postal Service, and was marked "return to sender, attempted - not known, unable to 
03/28/2012 09:21 FAX 3107256816 AWP-7 lill 018 

forward." A true and correct copy of the envelope containing Complainant's Discovery 

Requests and mailed by regular first class mail is attached hereto as Exhibit "C". 

5. To date, Mr. Thompson has not notified this office of a change of address. 

6. To date, this office has not received a response from Mr. Thocnpson to 

.(complainant's Discovery Requests, nor has there been a request for an extension of time in 

which to Hie a response. 

I declare under penalty of perjury under the laws of the United States of America that 

the foregoing is true and correct. 

Signed this 28'" day of March, 2012, in Hawthorne, CA. 

AGNE~ANE (~ ~ 
03/28/2012 09:21 FAX 3107256816 AWP-7 141019 

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1. Artfde Addressed to: 

Brice E. Thompson 

P. 0. Box ]1632 

Reno, NV 89510 

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PS Form 3811 , February 2004 Domestic Rotum Raoelj)t t~tSIO 

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