UNITED STATES OF AMERICA U.S. DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION WASHINGTON, D.C. ) 

# RECEIVED MAY - 82012 

# HEARING DOCKET

Inthe matter of ) 

### ) PLATINUM AIR SERVICE, INC. ) 

### )



## ________________________ ) FAADocketNo. Unassigned Case No. 2011WP910231 Law Judge Goodwin

COMPLAINANT'S REQUEST FORDISCOVERY AND PRODUCTION OF DOCUMENTS Pursuant to the discovery guidelines setforth in section l3.220 ofthe Ru1es ofPractice in Federal Aviation Administration Civil Penalty Actions, 14 C.P.R.§ 13.220, Complainant, the Federal Aviation Administration, hereby requests that Respondent, Platinum Air Service, Inc. ("Platinum"), provide to counsel for Complainant all ofthe information requested in this discovery request as provided below. The requested information should be sentto: Nicholas R. Milliard, Enforcement Division, AGC-300, Office ofthe ChiefCounsel, Federal Aviation Administration, 800 Independence Avenue, S.W., Washington, D.C. 20591, facsimile (202) 267-5106, no later than 15 days after service ofthis discovery request. All documents requested which the responding individual claims privilege or any other objection as a ground for non-production shall be identified chronologically as follows: (a) date; (b) title; (c) type ofdocument (e.g., memorandum, report, chart, etc.);(d) subject matter (without revealing the information as to which privilege or statutory authority is claimed); (e) factual or legal basis for the claimedprivilege, or any other authority which provides the claimed ground for privilege. This discovery is a continuing request, through the date ofthe hearing inthis matter, for Respondent to supplement or amend his answers andproduce documents ifnew or different information or newor different documents are obtained during the pendency ofthis matter. New evidence should be provided in accordance with section 13.220(i) ofthe Rules ofPractice, 14 C.P.R.§ 13.220(i). DEFINITIONS 1. Use of"you" and "your" refers to Airlift, Airlift's agents, Airlift's attorneys, and any other person(s) acting or purportingto act for or on behalfofAirlift. 2. The words "and" and "or" shall be construed conjunctively and disjunctively as necessary to make the request inclusive rather thanexclusive. The word "including" shall be construed without limitation. 3. The words "document" and "statement" mean, without limitation, the following items, whether printed or recorded or reproduced by any mechanical or electronic process or written orproducedbyhand: agreements, communications, correspondence, memoranda, summaries or records oftelephone conversations, summaries orrecords ofpersonal conversations or interviews, diaries, graphs, reports, notebooks, note charts, plans, drawings, sketches, maps, summaries orreports ofinvestigations, opinions orreports ofconsultants, photographs, motionpicture films, brochures, pamphlets, advertisements, circulars, press releases, drafts, letters, and marginal comments appearing on any document, and other data

2compilations from whichinformation canbe obtained or translated, ifnecessary, into reasonably usable form. 4. The words "describe" and "state" mean to set forth each fact, consideration, circumstance, act, omission, event, transaction, occurrence or statementwhich supports, refutes, concerns, relates or refers to the matter(s) referenced or described inthe interrogatory, and in addition, means to identifY each oral communication and each document which concerns, refers
orrelates to such fact, consideration, circumstance, act omission, event, transaction, occurrence
or statement.
REQUESTS FORADMISSION 

### l. On or before March 16,2010, Platinumhired Mr. Wyatt to perform aircraft I maintenance and preventative maintenance, a safety-sensitive function, for Platinum. Admit
___Deny
__ _ 2. Mr. Wyatt performed safety-sensitive aircraft maintenance and/or preventative maintenance on aircraftN8818M for Platinum on March 16,2010. Admit
___Deny
__ _ 3. Mr. Wyatt performed safety-sensitive aircraft maintenance and/or preventative maintenance on aircraftN8818M for Platinum onMarch 30, 2010. Admit
___Deny
__ _ 4. Mr. Wyatt performed safety-sensitive aircraft maintenance and/or preventative maintenance on aircraftN8818M for Platinum onMay 21,2010. Admit Deny

--- --- 1For each and every Request for Admission, "hire" means "retaining an individual for a safety-sensitive function as a paid employee, as a volunteer, orthrough barter or other form ofcompensation" and "safety-sensitive function" means "afunction listed in [14 C.F.R.] §§ 120.105 and 120.215." 14 C.F.R. § 120.7(j) & (p). 3

### 5. Mr. Wyatt performed safety-sensitive aircraft maintenance and/or preventative maintenance on aircraftN8818M for Platinum on June 4, 20l0. Admit Deny

--- 

### 6. Mr. Wyatt performed safety-sensitive aircraft maintenance and/or preventative maintenance on aircraft N8818M for Platinum on October 18,2010. Admit Deny
__ _ 7. Mr. 

### Wyatt performed safety-sensitive aircraftmaintenance and/or preventative maintenance on aircraftN8818M for Platinum on January 12,2011. Admit Deny
__ _ 8. Mr. 

### Wyatt performed safety-sensitive aircraft maintenance and/or preventative maintenance on aircraftN8818M for Platinum onFebruary 18,2011. Admit Deny
__ _ 9. AircraftN8818M was listed onPlatinum'spart 135 operation specifications on March 16,2010, March 30,2010, May 21,2010, June 4, 2010, October 18, 2010, January 12, 2011, and February 18, 2011. Admit Deny

---
INTERROGATORIES 

### 1. Identify each and every person Respondent intends to call as a witness in this proceedingby providing the person's name, occupation, and business address. 2. For each and every witness identified in answer to Interrogatory No. 1, state the nature ofthe witness's testimony (i.e. factual witness or expert witness); the subject matter upon which each intended witness is expectedto testifY; the facts and opinions to which the witness is

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### expected to testify; and a narrative summary ofthe grounds for each opinion to which the witness will testify. 3. For each and every witness identified as an expert in answer to Interrogatory No.2, state in detail the expertise possessed by each expert witness inthe subject matter area on which the witness will opine. 4. List all exhibits you intend to use at the hearing in this case. 5. For each ofthe foregoing Requests for Admissions you deny in whole or part, describe with particularity the basis for each denial. Identify the Request for Admission by number, for eachthat you deny in whole or part, and state the specific basis for your denial of that Request for Admission. Identify each and every fact that supports your denial. 6. For each ofthe paragraphs inthe Complaint in this matter you deny in whole or part inyour Answer, describe withparticularity thebasis for each denial. Identify the Complaint paragraph by number, for each that you deny in whole or part, and state the specific basis for your denial ofthat paragraph. Identify each and every fact that supports your denial.
REQUESTS FORPRODUCTION OF DOCUMENTS 

### 1. For each ofthe foregoing Requests for Admissions you deny in whole or part, identify and provide any and all documents on which you rely in support ofyour denial(s). Your response to this Request should identify which denial(s) is/are addressed by each document provided inresponse to this request. 2. For each ofthe paragraphs inthe Complaint you deny in whole or part, identify and provide any and all documents on which you rely in support ofyour denial(s). Your response



### 5to this Request should identify which denial(s) is/are addressed by each document provided in response to this request. 3. Provide copies ofany document to which youreferred to orrelied upon in answering the immediately preceding requests for admissions. For each document produced, identify the request for admission that itpertains to for which you referenced the document. 4. For each and every witness identified as an expert inthe preceding interrogatories, provide a copy ofhis or her current curriculum vitae. 5. Provide copies ofall documents that Respondent intends to introduce into evidence thathave not already been submittedto Complainant. 6. Provide copies ofany statements made bywitnesses identified inthe preceding interrogatories concerning, referring to, orinvolving the circumstances set forth in the complaint. 7. Provide copies ofeach and every document to which you referred or relied upon in answering the preceding interrogatories.

Date: May 8, 2012

6 Respectfully submitted,

# ~&2!iJJ;;J Nicholas R. Milliard Attorney Enforcement Division Office ofthe ChiefCounsel Federal AviationAdministration 800 Independence Avenue, S.W. Washington, D.C. 20591 Telephone: (202) 267-3452 Facsimile: (202) 267-5106CERTIFICATE OF SERVICE
I hereby certify that I delivered by hand the original and one copy ofthe foregoing Request for Discovery and Production ofDocuments inIn the Matter of PlatinumAirService, Inc, FAADocketNo. Unassigned, Case No. 2011WP910231, to: Federal Aviation Administration 600 Independence Ave., S.W. Wilbur Wright Building-Suite 2W1000 Washington, D.C. 20591 ATTN: Hearing Docket Clerk, AGC-430
In addition, I hereby certify that I served a copy ofthe same by U.S. Certified Mail, return receipt requested, addressed to each ofthe following: The Honorable Richard C. Goodwin Office ofHearings, M-20 U.S. Department ofTransportation 1200 New Jersey Ave., S.E. Washington, D.C. 20590 Mr. Arthur Wasserman, Esq. 16380 Roscoe Boulevard, Suite 120 VanNuys, CA 91406

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