SCOTT R. MORRIS 

FAA OFFICE OF REGIONAL COUNSEL 

1601 LIND AVE., SW 

RENTON, WASHINGTON 98057 

TELEPHONE: 425.227.1417 

FACSIMILE: 425.227.1007 

••:.;• " X "-^ '••• -.r^S? ^ r;T^ , 

MAR - 9 2S» 

UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

In the Matter of: 

Scenic Aviation, Inc. 

FAA DOCKET CP 09NM0011 

FAA Case No. 2009NM070066 

DMS No. FAA-2009-0974 

Judge Goodwin 

C O 

COMPLAINANT'S INITIAL DISCOVERY REQUEST 

To: Respondent 

In accordance with 14 CFR Sections 13.220 and the Federal Rules of Civil Procedure, 

please respond to the following Interrogatories, Requests for Production of Documents, and 

Request for Admissions, separately and fully under oath by April 2,2010. 

These discovery requests are intended to discover information and/or documents not only 

within your personal knowledge or obtainable by you, but also information in the possession of or 

obtainable by your attorneys, investigators, representatives, employees, agents, or anyone acting on 

your behalf or on their behalf. 

These discovery requests are continuing in nature and any information which may be 

discovered by you subsequent to the service and filing of your answers must be brought to the 

attention of the agency attomey through supplemental answers when it becomes available to you, at 

a reasonable time prior to the hearing in this matter. If there are any additions, deletions or changes 

in the answers or information provided at any time prior to hearing the Respondent is specifically 

requested to so immediately inform the agency attomey. If such information is not fiimished, the 

agency attorney at the time of the hearing will move to exclude fi-om evidence such infennati 

requested and not furnished. 

The agency attomey further requests that the Respondent produce the documents identified 

and designated herein for inspection and copying at the FAA Office of Regional Counsel, Suite 

570, 1601 Lind Avenue, SW, Renton, Washington 98057, by April 2,2010. 

PRIVILEGE 

If, in responding to, or failing to respond to these interrogatories, requests for admission and 

requests for production you invoke or rely upon any privilege of any kind, state specifically the 

nature of the privilege; the basis upon which you invoke, rely upon or claim it, including any 
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Statutory or decisional reference; and identify all documents or other information, including 

contacts and communications which you beheve to be embraced by the privilege invoked. 

DATED this 1st d;fy of March 2010. 

R. MORRIS 

FAA Attomey 

Complainant's Initial Discovery Request 

Scenic Aviation, Inc. - CP09NM0011 

Page 2 of? 

Scorr R. MoRRJs, FAA ATTORNEY 

TEL: 425.227.1417; FAX: 425.227.1007 
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INTERROGATORIES AND REQUESTS FOR PRODUCTION 

Interrogatory No. 1: Identify by name, address and telephone number all persons whom you know 

to have personal knowledge of the matters alleged in the Complaint. 

Interrogatory No. 2: Identify by title, date, author, present custodian, and content, all documents, 

including correspondence, obtained by you or in your possession, relating to the assertions in the 

Complaint, your appeal, your answer, and any affirmative defenses which you anticipate raising in 

this matter. 

REQUEST FOR PRODUCTION NO. h Provide a copy of all documents referred to in your 

answer to the preceding interrogatory. 

Interrogatory No. 3: Identify by name, address and telephone number, all persons whom you intend 

to have testify as a factual or expert witness in your defense at the hearing in these matter, and for 

factual witnesses, provide a detailed summary of each persons anticipated testimony. 

Interrogatory No. 4: Identify by title, date, author, present custodian, and content, all documents 

which you anticipate offering into evidence at the hearing in this matter, and through which witness 

or witnesses. 

REQUEST FOR PRODUCTION NO. 2.: Provide a copy of all documents referred to in your 

answer to the preceding interrogatory. 

Interrogatory No. 5: With respect to each expert witness identified in response to Interrogatory No. 

3, above, specify their specific area of expertise, and provide a synopsis of their credentials, 

background, training and experience. 

Interrogatory No. 6: With respect to each expert you expect to call as a witness, state the subject 

matter on which the expert is expected to testify, and state the substance of the facts and opinions to 

which the expert is expected to testify, and a summary of the grounds for each such opinion. 

Interrogatory No. 7: State by name, address, telephone number, date of conversation, and substance 

of conversation, all persons [other tiian legal covinsel or spouse] with whom you have discussed the 

matters alleged in the complaint. 

Interrogatory No. 8: Describe with specificity all of the facts which you anticipate presenting in the 

course of the hearing in this matter pertaining to the avoidance or mitigation of the sanction sought 

by the FAA in this case. 

Interrogatory No. 9: Describe with specificity any and all affirmative defenses you intend to assert 

and who are you offering as witnesses in support of these defenses? Provide the name and address 

of said witnesses. 

REQUEST FOR PRODUCTION No. 3: Provide a copy of all documents referred to in your 

answer to the preceding two interrogatories. 

Interrogatory No. 10: Describe with specificity all of the documents you anticipate presenting in 

the course of the hearing in this matter to substantiate any financial inability to pay the proposed 

sanction sought by the FAA in this case. 

Complainant's Initial Discovery Request 

Scenic Aviation, Inc. - CP09NM0011 

Page 3 of 7 

SCOTT R. MORRIS, FAA ATTORNEY 

TEL: 425.227.1417; FAX: 425.227.1007 
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REQUEST FOR PRODUCTION NO. 4: Provide a copy of all Exhibits tiiat you will present 

during the hearing in this matter. 

Interrogatory 11: Describe with specificity what facts or evidence Scenic Aviation relies upon in 

support of any affirmative defenses raised in its Answer to the Complaint. 

REQUEST FOR PRODUCTION NO. 5: Provide a copy of all documents that support your 

response to interrogatory 11 above. 

Interrogatory 12: Describe with specificity what facts, documents, or other evidence Scenic 

Aviation relies upon to deny Paragraph 8 of the Complaint as stated in its Answer. 

REQUEST FOR PRODUCTION NO. 7: Provide a copy of all documents tiiat support your 

response to interrogatory 12 above. 

Interrogatory 13: Describe with specificity what facts, documents, or other evidence Scenic 

Aviation relies upon to deny Paragraph 10 of the Complaint as stated in its Answer. 

REQUEST FOR PRODUCTION NO. 8: Provide a copy of all documents that support your 

response to interrogatory 13 above. 

Interrogatory 14: Describe with specificity what facts, documents, or other evidence Scenic 

Aviation relies upon to deny Paragraph 13 of the Complaint as stated in its Answer. 

REQUEST FOR PRODUCTION NO. 9: Provide a copy of all documents that support your 

response to interrogatory 14 above. 

Interrogatory 15: Describe with specificity what facts, documents, or other evidence Scenic 

Aviation relies upon to deny Paragraph 16 of the Complaint as stated in its Answer. 

REQUEST FOR PRODUCTION NO. 10: Provide a copy of all documents that support your 

response to interrogatory 15 above. 

Interrogatory 16: Describe with specificity what facts, documents, or other evidence Scenic 

Aviation relies upon to deny Paragraph 26 of the Complaint as stated in its Answer. 

REQUEST FOR PRODUCTION NO. 11: Provide a copy of all documents that support your 

response to interrogatory 16 above. 

Complainant's Initial Discovery Request 

Scenic Aviation, Inc. - CP09NM0011 

Page 4 of7 

SCOTT R. MORRIS, FAA ATTORNEY 

TEL: 425.227.1417; FAX: 425.227.1007 
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REQUEST FOR ADMISSIONS 

Under 14 C.F.R. 13.220(b) and Rule 36 of the Federal Rules of Civil Procedure, you are requested 

to admit the truth of the following matters. A matter is admitted unless responded to in a 

reasonable time. The Rules of Practice in FAA Civil Penalty Actions, 14 C.F.R. 13.220(d), defines 

a reasonable time to be 30 days. The agency requests that an answer is served upon the agency 

attomey either admitting the matter, specifically denying the matter, stating why the matter cannot 

be admitted or denied, or objecting to the request, with reasons for the objection stated within 30 

days of the date of service upon you, to wit: April 2,2010. 

REQUEST FOR ADMISSION NO 1: Admit that on July 28,2007, N3221 M's altimeter/encoder 

was replaced. 

REQUEST FOR ADMISSION NO 2: Admit that between July 28,2007 and January 23,2008, 

Scenic Aviation operated N3221M on about 415 flights. 

REQUEST FOR ADMISSION NO. 3: Admit that on December 7, 2006, the pilot's 

altimeter/encoder and ATC transponder system was tested and certified on N588SA. 

REQUEST FOR ADMISSION NO. 4: Admit that on July 10, 2007, N588SA's altimeter/encoder 

was replaced. 

REQUEST FOR ADMISSION NO. 5: Admit tiiat on February 17, 2008 N588SA's 

altimeter/encoder was replaced. 

REQUEST FOR ADMISSION NO. 6: Admit tiiat between July 10, 2007 and December 10, 

2008, Scenic Aviation operated N588SA on about 1498 flights. 

REQUEST FOR ADMISSION NO. 7: Admit that on October 19,2007, N617MM's 

altimeter/encoder was replaced. 

REQUEST FOR ADMISSION NO. 8: Admit tiiat on May 25, 2008, N617MM's 

altimeter/encoder was replaced. 

REQUEST FOR ADMISSION NO. 9: Admit tiiat on December 22, 2008, N617MM's 

altimeter/encoder was replaced. 

REQUEST FOR ADMISSION NO. 10: Admit tiiat between October 19, 2007 and March 29, 

2009, Scenic Aviation operated N617MM on about 1288 flights. 

REQUEST FOR ADMISSION NO. 10: Admit tiiat Scenic Aviation has tiie financial ability to pay 

the proposed $42,900 civil penalty. 

Complainant's Initial Discovery Request 

Scenic Aviation, Inc. - CP09NM0011 

Page 5 of 7 

SCOTT R. MORRIS, FAA ATTORNEY 

TEL: 425.227.1417; FAX: 425.227.1007 
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REQUEST FOR ADMISSION NO. 11: Admit tiiat Scenic Aviation has more tiian 6 aircraft on its 

air carrier certificate. 

Complainant's Initial Discovery Request 

Scenic Aviation, Inc. - CP09NM00i I 

Page 6 of 7 

SCOTT R. MORRIS, FAA ATTORNEY 

TEL; 425.227.1417; FAX: 425.227.1007 

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CERTIFICATE OF SERVICE 

I hereby certify that the foregoing Complainant's Initial Discovery Request has been served via 

facsimile and certified mail - Return Receipt Requested this date, to the following: 

The Honorable Richard C. Goodv^n 

Office of hearings, M-20 

1200 New Jersey Avenue, S.E. 

East Building Ground Floor, Rm El2-320 

Washington, D.C. 20590 

TEL: 202.366.2139 

FAX: 202.366.7536 

Federal Aviation Administration 

800 Independence Avenue SW 

Washington, D.C. 20591 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building - Suite 2W1000 

FAX: 202.493.5020 

Gregory S. Winton 

Aviation Law Experts, LLC 

330 Aviation Way 

Frederick, MD 21701 

TEL: 301.294.8550 

FAX: 301.294.2525 

Dated this 2nd dav of March, 2010. 

MOIFAIR CHIN 

Office of Regional Counsel (ANM-7) 

Federal Aviation Administration 

1601 Lind Ave. SW 

Renton, W A 98057 

425.227.2160 

Complainant's Initial Discovery Request 

Scenic Aviation, Inc. - CP09NM0011 

Page 7 of 7 

SCOTT R. MORRIS, FAA ATTORNEY 

TEL: 425.227.1417; FAX: 425.227.1007