' \ SERVED: MAY 16, 2014 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, DC 

IN THE MATTER OF 

TRANS TIME EXPRESS 

DOCKET NO. FAA-2012-1260 

(Civil Penalty Action) 

ORDER OF CIDEF ADMINISTRATIVE LAW JUDGE 

GRANTING COMPLAINANT'S MOTION TO COMPEL DISCOVERY 

On August 26, 2013, Complainant Assistant Chief Counsel for Enforcement, Federal 

· Aviation Administration, filed a Motion to Compel ("Motion"), 1 serving it upon Respondent 

Trans Time Express.2 Respondent has not answered Complainant's motion.3 Complainant's 

motion is granted. 

On February 20, 2013, Complainant served its request for discovery on Respondent, 

requesting that the requested ·information be provided to counsel within 30 days-that is, no later 

than March 27, 2013.4 On AprilS, 2013, Respondent's Counsel replied to Complainant's 

emailed query: "We just received the discovery from our client. I am mailing it to you tomorrow 

(I could also e-mail it to you)."5 On Aprill5, 2013, Complainant received by email 

1 Each party is responsible for properly filing all of its documents with the Hearing Docket Clerk. See 

14 C.P.R.§ 13.210 (2013). FDMS No. FAA-2012-1260, Doc. No.9, a purported electronic version of Motion, 

available at http://www .regulations.gov/#!docmnentDetail;D=F AA-20 12-1260-0009, contains only 40 pages. The 

copy of Motion received here by mail contains 46 pages. Citations herein are to the latter version. 2 Motion was served upon Respondent's Counsel by "U.S. mail, postage prepaid, certified return-receipt" on 

August 26, 2013. ld. at 4. 3 To be timely, any such answer must have been filed no later than September 10, 2013. See§§ 13.218(d) 

(answer to be filed "not later than 1 0 days after service of a written motion on that party"), 13 .210 (specifying 

address, methods, and effective date of filing), 13.211(a) (contemporaneous service on each 'party of each document 

filed), (e) (5 days added to any period prescribed, or date certain, for response after service by mail). 4 Motion Attachment A; see§ 13.211(e). · 5 I d. Attachment B. 
Respondent's discovery response," which included responses to Requests for Admissions but did 

not include responses to Complainant's interrogatories or request for production of documents.6 

On August 6, 2013, Complainant asked Respondent: "Could you please provide us with 

the outstanding discovery we requested?"7 Respondent's Counsel replied: "I am not sure if we 

ever received anything else, other than the 'Request for Admissions'. Kindly send them again, 

and I'll make sure they are responded to."8 Responding to Complainant's email attaching "an 

electronic version of the discovery requests we mailed your client on February 20, 2103,"9 

Respondent's Counsel wrote: "I remember submitting something to FAA, answered by my 

client. What do you already have, and what are you missing?"1° Complainant replied: "We 

received your client's responses to our requests for admissions. We are missing responses to our 

interrogatories and requests for production of documents."11 Respondent's Counsel answered, 

"I'll make sure you have them soon."12 

On August 13, 2013, Complainant's Counsel asked when she should expect to receive 

the outstanding discovery. 13 Respondent's Counsel emailed: "My client may be in vacation. I 

should have them for you in ten days."14 After Complainant's Counsel emailed, "If we do not 

receive the discovery in the next ten days, we Will be filing a Motion to Compel Discovery," 15 

Respondent's Counsel answered:· "I am meeting with my clients tonight and I am supposed to 

6 /d. Attachment C. The only document pages contained in Attachment C not already part of Attachment A, 

supra note 4, are "Requests for Admission under 14 C.F.R. &[sic] 13.220(1)," consisting of three paragraphs 

numbered 4 through 6, id. at 30; and a "SAFER Web - Company Snapshot" pertaining to "TRANS U S A INC." 7 /d. Attachment D. 

8 /d. 

9 /d. 

10 !d. (emphasis in original). 

11 /d. 

12 /d. 

13 /d. Attachment E. 14 /d. 

15 !d. Attachment F. 

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receive the package from them. I should be able to e-mail ... the remaining discovery to you 

tomorrow, and mail it as wel1."16 

On August 23, 2013, Complainant emailed: "I have not yet received the remaining 

I 

discovery from you. Will we be receiving it today?"17 Respondent's Counsel replied: "My 

apologies. I am waiting on a couple of items from the client. You should have them by e-mail 

tomorrow."18 However, to date, Complainant has not received the remaining discovery. 19 

A party may move "to compel discovery if a ... party fails or refuses to answer an 

interrogatory, ... or ... fails or refuses to produce documents."20 By Complainant's 

uncontroverted evidence, Respondent has never claimed-and does not now claim-that the 

discovery should not be had; rather, it has simply failed or refused to provide it. Accordingly, 

Complainant's Motion to Compel Discovery is granted. On or before May 23, 2014, 

Respondent shall serve and file its responses to interrogatories and requests for production of 

documents. 21 

SO ORDERED. 

Attachment - Service List 

16 /d. Attachment G. 

17 !d. Attachment H. 18 !d. 

19 !d. at2. 20 § 13.220(m). If a party fails to comply with an order to compel, an administrative law judge may impose 

appropriate sanctions, which may include striking portions of the party's plead~gs, precluding the party's 

prehearing or discovery motions, and barring related testimony of the party's Witnesses or other evidence. 

§ 13220(n)(l)-(4). . . 21 A copy of this order shall be sent to Respondent by registered or certified mail at the address provided in its 

discovery response. Motion Attachment C. 

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Federal Aviation Administration 

800 Independence Avenue, S.W. 

Washington, DC 20591 

SERVICE LIST 

ORIGINAL & ONE COPY 

Attention: Hearing Docket Clerk, AGC-430 . 

Wilbur Wright Building-Suite 2Wl 00022 

DOCKET NO. FAA-2012-1260 

(Civil Penalty Action) 

ONE COPY (MAIL FOLLOWING FAXED OR EMAILED COURTESY COPY) 

Cameron Niakan, Respondent's Counsel 

1 01 01 Grosvenor Pl. #620 

Rockville, MD 20852 

TEL: 202-276-4726 

FAX: (None Provided) 

EMAIL: cn@Niakanlaw.com 

Charles Raley and Sabrina Jawed, Complainant's Counsel 

Enforcement Division, AGC-300 

Office of the Chief Counsel, FAA 

800 Independence Avenue, S.W. 

Washington, DC 20591 

TEL: 202-267-3357 

FAX: 202-267-5106 

The Honorable Ronnie A. Yoder, 

Chief Administrative Law Judge 

U.S. Department of Transportation 

Office ofHearings, M-20 

1200 New Jersey Avenue, S.E. (Ell-310) 

Washington, DC 20590 

TEL: 202-366-2142 

FAX: 202-366-7536 

22 Service was by U.S. Mail. For service in person or by expedited courier, use the following address: Federal 

Aviation Administration, 600 Independence Avenue, S.W., Wilbur Wright Building-Suite 2Wl000, Washington, 

DC 20591; Attention: Hearing Docket Clerk, AGC-430. 

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