' \ SERVED: MAY 16, 2014 U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS

WASHINGTON, DC
IN THE MATTER OF TRANS TIME EXPRESS DOCKETNO. FAA-2012-1260 (Civil Penalty Action)
ORDER OF CIDEF ADMINISTRATIVE LAWJUDGE GRANTING COMPLAINANT'S MOTION TO COMPEL DISCOVERY OnAugust 26, 2013, Complainant Assistant ChiefCounsel for Enforcement, Federal

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

Trans Time Express.2 Respondent has not answered Complainant's motion. 3 Complainant's motion is granted. OnFebruary 20, 2013, Complainant served its request for discovery on Respondent, requesting thatthe requested·informationbe provided to counsel 

### within 30 days-that is, no later thanMarch 27, 2013.4 On AprilS, 2013, Respondent's Counsel replied to Complainant's emailed query: "Wejustreceived the discovery from our client. I am mailing itto 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 ofits 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 ofMotion, available athttp://www.regulations.gov/#!docmnentDetail;D=F AA-2012-1260-0009, contains only 40 pages. The copy ofMotion receivedhere by mail contains 46 pages. Citations herein are tothe latter version. 2 Motion was served upon Respondent's Counsel by "U.S. mail, postage prepaid, certifiedreturn-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 "notlater than 1 0 days after service ofa written motion on that party"), 13 .210 (specifying address, methods, and effective date offiling), 13.211(a) (contemporaneous service on each 'party ofeach 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). · 5Id. 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 ofdocuments. 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 amnot sure ifwe
ever received anything else, otherthan 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 ofthe discovery requests we mailed your client on February 20, 2103,"9 Respondent's Counsel wrote: "I remember submitting somethingto FAA, answered by my client. What do you already have, and what are you missing?" 1

# ° Complainantreplied: "We received your client's responses to our requests for admissions. We are missing responses to our interrogatories and requests for production ofdocuments." 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 invacation. I should have them for you in ten days." 14 After Complainant's Counsel emailed, "Ifwe do not receive the discovery inthe nextten days, we Will be filing a Motionto Compel Discovery," 15 Respondent's Counsel answered:· "I am meeting with my clients tonight and I am supposedto

6 /d. Attachment C. The only documentpages contained in Attachment C not already part ofAttachment A, supra note 4, are "Requests for Admission under 14 C.F.R. &[sic] 13.220(1)," consisting ofthree paragraphs numbered 4 through 6, id. at 30; and a "SAFERWeb

- 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. AttachmentE. 14 /d. 15 !d. Attachment F. 

### -2- !... 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 ona couple ofitems from the client. You should have them by e-mail tomorrow." 18 However, to date, Complainanthas not received the remaining discovery. 19 A party may move "to compel discovery ifa ...party fails orrefuses to answer an interrogatory,
... or ... fails orrefuses to produce documents."20 By Complainant's uncontroverted evidence, Respondent has never claimed-anddoes not now claim-thatthe discovery should notbe had; rather, it has simply failed orrefused 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 andrequests 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). Ifa party fails to comply with an orderto compel, an administrative lawjudgemay impose appropriate sanctions, which may include strikingportions ofthe party's**plead~gs,** precluding theparty's prehearing or discovery motions, and barring related testimony ofthe party's Witnesses or other evidence. § 13220(n)(l)-(4).
. . 21 A copy ofthis order shall be sent to Respondentby registered orcertified mail atthe 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 2Wl00022 

### DOCKET NO. FAA-2012-1260 (Civil Penalty Action)

ONE COPY (MAIL FOLLOWING FAXED OREMAILED COURTESY COPY) 

### CameronNiakan, Respondent's Counsel 

### 1

0101 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 ofthe ChiefCounsel, FAA 800 Independence Avenue, S.W. Washington, DC 20591 TEL: 202-267-3357 FAX: 202-267-5106 The Honorable Ronnie A. Yoder,

Chief AdministrativeLawJudge 

### U.S. Department ofTransportation Office ofHearings, M-20 1200 NewJersey 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 orby 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. -4-