• 

SERVED JUNE 10, 2010 ••:i' ^ ^cawiOH 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, DC 

IN THE MATTER OF 

KYLE PONSFORD 

FAA DOCKET NO. CP09AL0007 

(Civil Penalty Case) 

DMS FAA-2009-0729 

ORDER TO SHOW CAUSE 

The Federal Aviation Administration (hereinafter "Complainant" or "agency") on 

June 8, 2010, filed a Motion to Compel Discovery ("Motion") under §13.220 of the Rules 

of Practice in FAA Civil Penalty Actions, 49 C.F.R. §13.201 et seq. Complainant avers 

that Respondent Kyle Ponsford ("Respondent" or "Mr. Ponsford") has failed to 

substantively respond without good cause to its First Discovery Request ("First 

Request"). The First Request consists of eighteen requests for admission, four 

interrogatories, and one request for production. Respondent's answer to the First 

Request contends variously that the requests for admission are "cumulative and 

repetitious" and "internal information already possessed by the agency," that the agency 

can obtain the information sought through other methods, and that providing answers to 

the requests is "unduly burdensome" and "expensive." The agency asks that Respondent 

be ordered to fully respond to each request by a date certain. 

Complainant's First Request seeks to determine the issues on which the parties 

differ and to determine Respondent's defenses. It also seeks any documents on which 

Mr. Ponsford intends to rely, and the identification of Mr. Ponsford's witnesses and a 

summary of the witness' expected testimony. In this it is entirely lawftil (see 49 C.F.R. 

§13.220). 
The hearing is scheduled to begin on June 29, 2010, in Juneau, AK {see Notice of 

Hearing Dates served January 13, 2010). Since time is short. Respondent will be 

required to provide substantive and complete answers to Complaint's entire First 

Request, or explain why it cannot so provide tljeiii, by June 16,2010 (mailing date). If 

Mr. Ponsford fails to do so in any respect, he risks sanctions. In this cormection, 

Respondent is directed to §13.220(l)(l), iji^hich st^ s that a party's failure to respond to a 

request for admission "is deemed an adi^slon o^^feilruth of the statement or statements 

contained in the request for admission," «(na §l3:^b(i)(2), which states that if the 

administrative law judge determines that a response to a request for admission is 

insufficient, "the matter is deemed admitted." 

WHEREFORE, it is ORDERED as follows: 

1. On or before June 16, 2010 (mailing date). Respondent shall fite a 

response to this Order stating why the relief requested in Complainant's Motion 

should not be granted; 

2. On or before June 16, 2010 (mailing date). Respondent shall file full and 

complete substantive answers, or state why it cannot furnish a full and complete 

substantive answer, to each request propounded in Complainant's First Discovery 

Request; and 

3. Absent full and complete responses to Ordering paragraphs 1 and 2, 

Respondent may be sanctioned including, but not limited to, allegations in the 

Complaint may be deemed admitted; any aiid all matters in Complainant's 

requests for admission may be deemed admittedjjj^espondent may be precluded 

from introducing any evidence at the hearing other than personal testimony; 

Respondent's Request for Hearing may be dismissed; and/or a Default Judgineiit 

may be entered against Respondent in the full aihbimt of the fine requested by the 

Complainant in its Complaint. 

Good\ 

U.S. Administrative L^w/^u^e 

Attachment - Service List 
FAA Docket No. CP09AL0007 

(Civil Penalty Action) 

CORRECTED SERVICE LIST 

ORIGINAL & ONE COPY 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Washington, DC 20591 

Attention: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building - Suite 2W1000' 

ONE COPY 

Kyle Ponsford, Respondent 

HC 60 Box 3394 

Haines, AK 99827 

Glenn H. Brown, Complainant's Counsel 

Senior Attorney, Office of the Regional Counsel, AAL-7 

Alaskan Region 

Federal Aviation Administration 

222 West 7*^ Avenue, Box 14 

Anchorage, AK 99513-7587 

TEL: 907-271-5269 

FAX: 907-271-2800 

The Honorable Richard C. Goodwin, Administrative Law Judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

1200 New Jersey Avenue, S.E. 

East Building Ground Floor, Room El2-320 

Washington, DC 20590 

TEL: Attorney-Advisor 202-366-2139 

Legal Assistant 202-366-5121 

FAX: 202-366-7536 

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

Hearing Docket, Federal Aviation Administration, 600 Independence Avenue, S.W., Wilbur Wright Building - Room 

2014, Washington, DC 20591, Attention: Hearing Docket Clerk, AGC-430.