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KYLEE.LOMAZOW 

FAA OFrrcE OF REQIONAI. COUNSEL 

I601LINDAVE„SW 

RENTOM, WASHINGTON 98057 

TELEPHONE; 425.227.1847 

FACSIMILE; 425.227.1007 

nPRARTMENTQF 

H,\NSP0RWI0N 

.1 ^jl L RATIONS 

UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

In the Matter of: 

Federal Express, Inc. 

FA A DOCKET CP10NM0006 

FAA Case No, 2009NM700055 

DMS NQ. FAA-2010-0790 

Judge Richard C, Goodwin 

COMPLAINANT'S INITIAL DISCOVERY REQUEST 

To: Respondent 

In accordance with 14 CFR Sections 13,220 and die Federal Rules of Civil Procedure, 

please respond to the folio-wing Interrogatories, Requests for Production of Documents, and 

Request for Admissions, separately and fiilly under oath by D«cember 6,2010. 

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

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

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

your behalf or on their behalf. 

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

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

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

a reasonable time prior to the hearing in this matter. If there arc 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 attorney. If such information 13 not ftimished, the 

agency attorney at the time of the hearing will move to exclude from evidence such information 

requested and not ftimishcd. 

The agency attorney further requests that the Respondent produce the documenis identified 

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

Suite 570, 1601 Lind Avenue, S W, Renton, Washington 98057, by December 6,2010. 

CoiDplunttnt'c Initial Discovery R«quej:c 

Fed Ex 2009NM7nOO56 A CPI ONMOOOiS 

Page I of 7 

TEl, 

KYLEE. tOMAZOW. FAA ATTORNEY 

425,227.1847; FAX; 421227.] 007 
11/05/2010 17;10 FAX 2024935142 FAA + DMS 

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PRTVILEGE 

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

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

nature of the privilege; the basis upon which you invoke, rely upon or claim it, including any 

statutory or decisioiial reference; zmd identjfi^ all documents or other information, including 

contacts and communications which you believe to be embraced by the piivilege invoked. 

DATED this 4th day of November 2010. 

^ $ ^ na 

KYLE E. LOMAZO W 

VAA Attorney 

2^^^--^ 

CompJainartt's Initial Discovct^- Request 

Fed Ex 2O09NM70005i5 tfe CP 10N'MOO06 

Page 2 of 7 

KYLE E. LOM/C-OW, FA A ATTORNE V 

THI..-.i25.227.IR47: FAX: 425.227,1007 
11/05/2010 17;10 FAX 2024935142 

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INTERROGATORIES AND REQUESTS FOR PRODUCTION 

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

to have personal knowledge of the matters alleged in the Complaint and provide that per,50.ii's home 

and business address and telephone number. 

Inteirogatorv No. 2: Identify by title, date, author, present custodian, and content, all docurnents, 

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

Complaint, your Appeal, your Answer, and any affumative defenses which you anticipate raising in 

tliis matter. 

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 yoiu" defense at the hearing in this matter, and for 

factual witnesses, provide a derailed summary of each perso.ns anticipated testimony. 

InterrogatOTV 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. 

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, naining and experience. 

InterrogHtorv No- 6: With respect to each expen 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 opinionInteiTogatorv No. 7: State by name, address, telephone number, date of conversation, and substance 

of conversation, all persons [other than legal counsel or spouse] with whom you have di.scussed the 

metiers alleged in the Complaint. 

InteiTogatOTv_No. 8: Describe with specificity all of the facts which you anticipate presenting in the 

cotirse of the hearing in tl^s matter pertaining to the avoidance or mitigation of the sanction sought 

by the FAA in this case. 

Interrofiatory No. 9: Describe with specificity all of the documents you anticipate presenting in the 

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

sanction sought by tlie FAA in this case. 

TnteiTo^aiorv. No.. 10: Describe with specificity what facts or evidence you rely upon in support of 

any afRimative defenses raised in any Answer to the Complaint, 

Interrogatory No. 11: Identify by name and employee identification number, and provide the home 

and business address and the home and business telephone number of each of your employees, 

agents or contractors, including employees, agents and contraaors of Empire Airlines, Inc.,, who 

used a scanner or other manual or electronic device to track or process packages identified by the 

following tracking nvunbers for transportation by air of the packages referenced in the Complaint on 

February 3, 2009: 

Complainani's Tniiial Dljurifvery Rtqucti 

Fed Br. 2009NM700056 & CP1CTNM0006 

P»ge3or7 

KVT.E B. LOMAXOW, FAA ATTORMEY 

TEL: 425.227.1847; hAX- 425,227,1007 
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following tracking numbers for transportation by air of the packages referenced in the Complaint on 

February 3, 2009; 

a. Federal Express Tracking No, 7973 0543 7880 

b. Federal Express Tracking No. 8657 4.575 8980 

Interrottatorv No. 13: Identify the name, business and home address and home and business 

telephone number of the Captain and if applicable, the Fiist Officer for each flight on which 

shipmenis with Federal Express Tracking Nos. 7973 0543 7880 and 8657 4575 8980 were 

transported. 

InteiToeatoiY No. 14: For each individual identified in connection with the foregoing 

imerrogatorics, identify whether the individual was an employee of Federal Express, Empire 

Airlines, Inc. or some oUier entity (identify that entity) on February 3, 2009. 

Interroeatoiv No- 15: Identify the portions of the manuals in e,ffect on February 3, 2009,, tiiat you 

use for training and for shipment processing operations that provide instruction, direction, or 

guidance to your employees, agent"; and contractors, pertaining to the identification and handling of 

hazardous materials identified as "ORM-D Air" or "Consumer Commodify ORM-D Air." 

Interrogatory No. 16: Identify the portions of the manuals in effect on February 3, 2009, that yoa 

use for training and for shipment processing operations that provide instruction to your employees, 

agents, and contractors, pertaining to the identification and handling of hazardous materials 

identified as "ORM-D." 

REQUEST FOR PRODUCTION NO. 1: Copies of each and every document you intend to 

introduce as evidence in this case. 

REQUEST FOR PRODUCTION NO. 2: Copies of any statements made by witnesses identified in 

the preceding intcnogatories concerning, referring to, or involving the circumstances set fourth in 

the Complaint. 

REOUEST FOR PRODUCTION NO. 3: A current copy of the curriculum vitae for each expert 

identified in response to the proceeding interrogatories, 

REOUEST FOR PRODUCTION NO. 4: Copies of all documents tliat support each ajid evei-y 

denial, if any, contained in your Answer to the Complaint in this case. 

REOT JEST FOR PRODUCTION NO. 5: Copies of each and every document that support each and 

every affirmative defense, if any, contained in your Answer to the Complaint in this case. 

REOyEST FOR PRODUCTION NO. 6: Copies of each and every document to which you 

rcFerred or relied upon in answering the foregoing reque.rts for interrogatories. 

REOUEST FOR PRODUCTION NO. 7: Copies of any invoices, notes, memoranda or any otlier 

record that was ever made by any individual in connection witli the transfer and/or transloading of 

Complaiflant's IniiiBl Discovery Request 

Fed Ex a009NM7OO05(5 & CI'IONM0006 

Page 4 of 7 

KfL t e. LOMAiOMJ, FAA AnoRHEV 

TEL; 425.227.1H47; FAX: 425.2271007 
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packages bearing Federal Expres.? Tracking Nos, 7973 0543 7880 and 8657 4575 8980 from the 

time tliat Federal Express came into possession of the packages bearing these tracking numbers. 

REOUEST FOR PRODUCTION NO. 8: Copies of tliose portions of your training manual in effect 

on February 3, 2009, that provide instruction to your employees, agents, and contractors, pertaining 

to the identification and handling of hazardous materials identified as "ORM-D Air," 

REOUEST FOR PRODUCTION NO. 9: Copies of those portions of your training manual in effect 

on February 3, 2009, that provide instruction to your employees, agents, and contractors, pertaining 

to the identification and handling of hazardous materials identified as "ORM-D." 

REOUEST FOR PRODUCTION NQ, 10: A copy of the Federal Express Operations Specification 

D085 that was in clfcct on February 3,2009. 

Complainant's Initial Discovery Request 

Fed Ex 2009NM7000,5d & CP10NM0006 

PQE«5of7 

KYLE E. LOM^ZOVJ, FAA ATTOHWy 

TEL: 425.227,1847; FAX: 425.227,)007 
11/05/2010 17:10 FAX 

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REOUEST 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 

attorney either admitting the matter, specifically denying tlie matter, staling why the matter cannot 

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

days of the date of service upon you, to wit: December 6,2010. 

REOUEST FOR ADMISSION NO. 1: Admit that Federal Express Corporation (hereafter FedEx) 

is a business entity that regularly offers, accepts, or transports hazardous material (HAZMAT). 

REOUEST FOR ADMISSION NO. 2: Admit that on or about Febniary 3, 2009.. at or near 

Missoula, Montana, FedE:^ knowingly accepted and then offered for transport in air cormnerce a 

shipment with Federal Express Tracking No. 7973 0543 7880 affixed to it. 

REOUEST FOR ADMISSION NO. 3: Admit that Uic shipment being transported by FedEx 

Tracking No. 7973 0543 7880 flew on an Empii-e Airlines aircraft fi-om Missoula, Montana to Great 

Falls, Montana. 

REOUEST FOR ADMISSION NO. 4: Admit that during sorting operations at Great Falls, 

Montana, a Federal Aviation Administrafion (FAA) Hazardous Material Agent observed a box 

being transported by FedEx Tracking No. 7973 0543 7880 that has been off-loaded from Empire 

Airlines flight 7820-04, 

REOUEST FOR ADMISSION NO. 5: Admit that during sorting operations at Great Falls, 

Montana, a FAA Hazardous Material Agent observed a shipment being iransponed by use of 

FedEx Tracking No. 8<557 4575 8980 that has been off-loaded fi-om Empire Airiines ftighi 7820-04. 

REQUEST FOR ADMISSION NO. 6: Admit that the requested $30,000 is consistent with tiie 

Administrator's Sanction guidance matrix found at Appendix C to FAA Order 2150,3b 

REOUEST FOR ADMISSION NO- 7: Adroit that pursuant to FAA Order 2150.3b, Appendix C, 

FedEx is considered a Group I air carrier 

REOUEST FOR ADMISSION NO. 8: Admit tliat on February 3, 2009, all Empire Airlines flights 

referenced In the complaint were under the operational control of Empire Airlines. 

Complaitiant's [nitial Discovery Request 

Fed Ex 2009NM700056 & CPrONWOOCUi 

Page 6 of 7 

KYI.F, e., LOMA/ow.. FAA ATTORNEY 

TEL: 425.227,1847; FAX: ^25.227,1007 
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I hereby certify that the foregoing Complainant's Initial Discover}' Request has been served via 

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

The Honorable Richard C. Goodwin 

Office of hearings, M-20 

1200 New Jersey Avenue, S.E. 

East Building Ground Floor, Rm El 2-320 

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 Wri^t Building - Suite 2W1000 

FAX: 202.493,5020 

Cynthia Chandler-Snell 

Federal Express Corporation 

3620 Hacks Cross Road 

Building B, 3'^ Floor 

Memphis, TN 38125 

TEL: 901.434.8361 

FAX: 901.434.8283 

Dated this 4th day of November, 2010. 

JM^^L^ •^tlfe^tDANA STEPHENSON 

Office of Regional Counsel (ANM-7) 

Federal Aviation Administraiion 

1601 Lind Ave. SW 

Renton, WA 98057 

425.227.2164 

CompUmunVs Initial Discovery Request 

Fed Ex 200?NIW700056& CPIONMOOOG 

Pi>gc 7 of 7 

KYLE n, LOMAZOW , FA/ V ATTOR'NEY 

rr.I.; 425,227.1847; FAX: 425.227,1007