GIVENS & JOHNSTON, PLLC 

ROBERT T. GIVENS 

JOSEPH ''J'' ACAYAN 

SHARON StEELE DOYLE 

)AMES GARLAND HURST 

Cu:-JtON K. Yu 

COUNSELORS AT LAW SCOTT L. JOHNSTON 

TEL (713) 932-1540 

FAX (713) 932-1542 

VVATTS(800)285-8042 

Email: sjohnston@givensjohnston.com 

950 ECHO LANE, SUITE 360 

HOUSTON, TEXAS 77024-2788 

Internet: givensjohnston.com 

LUIS F. ARA:"JDIA, )R. 

February 12,2014 

Submitted Via FedEx No.: 7978 7561 1072 

Hearing Docket 

Federal Aviation Administration 

600 Independence Avenue, S.W. 

Wilbur Wright Building-Suite 2Wl000 

Washington, DC 20591 

Attn: Hearing Docket Clerk, AGC-430 

RECEIVED 

FEB 1 4 2014 

HEARING DOCKET 

Re: Defendant's Response to Complainant's Motion to Compel Discovery; 

FDMS NO. FAA-2013-0713; ABO Supply LLC 

This forvvards the above-referenced submissios. 

Please forward all correspondence related to this matter to my attention at the address, email 

address, fax and/or telephone number indicated above. 

In addition to the executed original and one copy delivered by the courier identified above, I 

hereby certifY that a true copy of this filing has also been provided to the following individuals: 

The Honorable Richard C. Goodwin 

Administrative Law Judge 

Office of Hearings, M-20 

U.S. Dept. of Transportation 

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

Washington, DC 20590 

FAX#: 202-366-7536 

Mr. James Archier, Attorney 

FAA, Office of Regional Counsel 

Southwest Region 

2601 Meacham Blvd., Room 663 

Fort Worth, TX 76137 

FAX#: 817-222-5945 

james.archier@faa.gov 

Sine rely, 

cott L. Johnston 

Givens & Johnst , PLLC 

Attorneys for ABO Supply LLC 
SERVED: February 12, 2014 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, DC 

IN THE MATTER OF: 

ABO SUPPLY LLC 

FDMS NO. FAA-2013-0713 

DEFENDANT'S RESPONSE TO 

COMPLAINANT'S MOTION TO COMPEL DISCOVERY 

On behalf of ABO Supply LLC ("ABO"), Defendant in this action, we hereby repond to 

Complainant's January 31, 2014, Motion to Compel Discovery, by responding to 

Complainant, as follows: 

1. Complainant alleges that Defendant counsel did not return a phone call, but 

neglected to report the undersigned's several attempts to respond to that phone 

call and otherwise correspond via email (see Exhibit A). 

2. Defendant believes that it has addressed Complainant's alleged discovery 

deficiencies with its February 3, 2014, supplementary responses (see Exhibit B), 

its February 10,2010, email (see Exhibit C), and its February 12, 2014, Second 

Supplementary Response (see Exhibit D). 

Defendant stands ready to timely respond to Defendant's discovery requests and to take 

further action, as appropriate, to address any remaining defects as Complainant may 

allege without being compelled to do so. Accordingly, based on the foregoing, Defendant 

requests that this court deny Complainant's Motion to Compel at this time. 

Givens & John on, PLLC 

Attorneys for 1\BO Supply LLC 

950 Echo Lane, Suite 360 

Houston, TX 77024 

713-932-1540 

713-932-1542 fax 

Scott Johnston 

From: Scott Johnston 

Sent: 

To: 

Tuesday, January 28, 2014 12:33 PM 

'James.Archier@faa.gov' 

Subject: ABO Supply; FDMS No. FAA-2013-0713 

Mr. Archier, 

I misplaced the envelope containing the Motion for Decision upon receipt and did not find it until 

yesterday. ABO does wish to respond and I am preparing a Motion asking that that the Court accept its 

response out oftime. That response will explain and support Defendant's position that there are facts in issue. I 

hereby ask for Complainant's consent to the Motion. I apologize for this inconvenience and ask that the FAA 

allow this issue to be decided on the merits. 

I will complete it and get it to you via email today and in Fedex to the Court today, if possible (schools, city 

functions, and other services are closed today due to weather, but I'm not sure about FedEx). I have a pinched 

nerve in my neck and it's causing me distracting pain, but I will do my best to get this to you and on its way to 

the Court today. 

Sincerely, 

Scott L. Johnston 

Givens & Johnston, PLLC 

950 Echo Lane, Suite 360 

Houston, Texas 77024 

sjohnston@givensjohnston.com 

Internet: givensjohnston.com 

713-932-1540 

800-285-8042 

713-851-2833 cellular 

713-932-1542 fax 

1 
Scott Johnston 

From: Scott Johnston 

Sent: 

To: 

Wednesday, January 29, 2014 1:52AM 

'James.Archier@faa.gov' 

Subject: ABO Supply 

Attachments: Defendant Response to Motion for Decision.pdf; 20140129 Cover Letter and Certificate of 

Service. pdf; 20140129 Motion.pdf 

Mr. Archier, 

Attached is a copy of the documents I have placed in Federal Express. I would appreciate the Government's 

consent to the Motion and will supplement my submission, as appropriate, as soon as I have your response. 

Also, I received and will respond to the discovery issues you listed in the fax sent 1-28-14 (that is now 

yesterday). 

Last, in the enclosed response, I attached, as Exhibits A and D, two documents that may not have been included 

in the earlier document production. Exhibit A is Gregory Chevrier's 2-page letter and two Addenda, which 

were supplied to the FAA during the investigation. Exhibit D is comprised of ABO procedures modified and 

disseminated last January as corrective action. I apologize for inadvertently failing to include these records 

with my earlier submission and will incorporate them into my response to your fax. 

Sincerely, 

Scott L. Johnston 

Givens & Johnston, PLLC 

950 Echo Lane, Suite 360 

Houston, Texas 77024 

sjohnston@givensjohnston.com 

Internet: givensjohnston.com 

713-932-1540 

800-285-8042 

713-851-2833 cellular 

713-932-1542 fax 

1 
Scott Johnston 

From: Scott Johnston 

Sent: 

To: 

Monday, February 03, 2014 7:33PM 

'James.Archier@faa.gov' 

Subject: ABO Supply; Ignacio Aurrecoechea 

Mr. Archier, 

I expect to be able to provide the address, phone, and email for Ignacio tomorrow. 

Also, please respond and let me know that you are receiving my emails, as your Motion to Compel Discovery 

neglected to mention the ones I sent on the 281

h and 291h and I have received no other response from you 

respecting them. 

Sincerely, 

Scott L. Johnston 

Givens & Johnston, PLLC 

950 Echo Lane, Suite 360 

Houston, Texas 77024 

sjohnston@givensjohnston.com 

Internet: givensjohnston.com 

713-932-1540 

800-285-8042 

713-851-2833 cellular 

713-932-1542 fax 

1 

In the Matter of: 

ABO SUPPLY, LLC 

SERVED: February 3, 2014 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, DC 

FAA DOCKET No. ___ __ 

FAA Case No. 2012SW700236 

(Civil Penalty Action) 

Respondent 

) 

) 

) 

) 

) 

) 

) FDMS No. FAA-2013-0713 

________________________) 

RESPONDENT'S SUPPLEMENTARY RESPONSE TO 

COMPLAINANT'S FIRST SET OF INTERROGATORIES 

On behalf of ABO Supply, LLC ("ABO"), Respondent in this action, we hereby supplement, 

answering as follows: 

(Unless indicated to the contrary, numbering in this supplemental response reflects 

Complainant's numbering in its First Ste oflnterrogatories.) 

2. Persons ABO may call as a witness at trial: 

Name: Gregory Chevrier (see 1, above) 

Summary of expected testimony: Mr. Chevrier is expected to testify that: 

a. the relevant transaction re the 2 liters of acetonitrile was intended to be an ex 

works (ABO's place of business) sales transaction wherein the ultimate Buyer 

took title to the purchased goods at the premises of ABO and undertook 

responsibility for their subsequent removal and disposition from that point 

forward and that no novations to the terms of that transaction were authorized or 

intended; 

b. ABO's immediate customer was a related foreign company, Gulf Industrial 

Supply; 

c. ABO was made aware of the ultimate consignee and Buyer (Yemen LNG) and 

one of its foreign agents (Danzas ), but that ABO only learned of the involvement 
RESPONDENT'S SUPPLEMENTARY 

RESPONSE TO COMPAINANT'S FIRST 

SET OF INTERROGATORIES 

FDMS NO.: FAA-2013-0713 

of other agents and services, presumably, selected by the Buyer and/or its agents 

pursuant to the subsequent investigation; 

d. none of the entities involved in the removal of the 2 liters of acetonitrile from the 

premises of ABO were authorized to act as agents for ABO in connection with 

those activities and any action by any such parties in connection with those 

activities was unauthorized by ABO and ultra vires with respect to any Power of 

Attorney any such entities may have obtained from ABO in cormection with any 

past transaction; 

e. Hazardous materials packaging, labeling, marking, and related services are 

services that, at the time, ABO offered, but which the customer could opt to be 

provided post-sale by someone other than ABO; 

f. a decision by a customer to decline hazardous materials packaging, labeling, 

marking, and related services offered by ABO was its choice, at the time, and 

would not constitute a red flag suggesting that a hazardpous materials violation 

will occur, as the customer might reasonably opt to arrange for such services postsale to avoid duplication of effort and cost in consolidated shipments involving 

other hazardous materials, to obtain those services from a preferred vendor, etc.; 

g. ABO took prompt action to evaluate the circumstances surrpounding the alleged 

violation, as they came to light, and opted to sacrifice its future legitimate sales 

requiring hazardous materials packaging, marking, labeling, and related services, 

unless the customer authorizes and agrees to pay ABO to provide those services; 

and, 

h. he may have relevant testimony respecting such other points as ABO has included 

in its Answer, in its Discovery filings, or as may arise in the context of this action. 

Name: 

Address: 

Phone: 

Position: 

Bill Streb 

PO Box 443, Bellville, Texas 77418 

979-63 7-7978 

Special Agent, FAA 

Summary of expected testimony: Defendant expects that Agent Streb's testimony will 

establish that the FAA's investigation was insufficiently complete to establish that ABO 

was the party responsible (either directly or indirectly) for offering the 2 liters of 

acetonitrile for air transportation or in air commerce. 

Name: 

Address: 

Phone: 

Position: 

Ignacio Jose Aurrecoechea 

pending 

pending 

Former Sales Representative, ABO, Inc. 

Page 2 of6 
RESPONDENT'S SUPPLEMENTARY 

RESPONSE TO COMPAINANT'S FIRST 

SET OF INTERROGATORIES 

FDMS NO.: FAA-2013-0713 

Summary of expected testimony: Mr. Aurrecoechea is expected to testify that: 

a. he was not responsible for providing "ABO Supply" as the "Shipper" on the 

collection receipt (Shipment Waybill45 6442 9730) presented by DHL Express; 

b. he did not attempt to read, was not aware of, and/or did not otherwise knowingly 

affirm the boilerplate language in tiny, tiny print above his signature on the DHL 

Express collection receipt; 

c. in signing his name on the DHL Express collection receipt, he only intended to 

document the transfer of possession of the correct goods to the correct; 

d. he was confident that the courier was collecting the correct goods, because they 

were prominently and accurately described in Blocks 4 and 5 of the DHL Express 

collection receipt; 

e. he did not intend, by signing the DHL Express collection receipt, to alter the 

established terms of the sales contract, to further obligate ABO respecting any 

roles previously established, or to misrepresent the hazardous goods nature of the 

goods collected by DHL Express, 

f. he may have relevant testimony respecting such other points as ABO has included 

in its Answer, in its Discovery filings, or as may arise in the context of this action. 

Name: 

Address: 

Phone: 

Position: 

John Brown 

19115 Lee Rd., Tower B, Suite 210, Houston, Texas 77338 

281-443-7264 

Cargo Manager, Emirates SkyCargo 

Summary of expected testimony: Mr. Brown is expected to testify: 

a. that Emirates Cargo International cannot establish that it was duly authorized by 

ABO to undertake carriage or to accept, directly or indirectly, the relevant package 

for air transportation or for air carriage; 

b. that, in listing "ABO Supply" as the Shipper on Emirates Air Waybilll76-

32209940, Emirates did not do so based on any direct communication with ABO 

authorizing it to do so and that the relevant instructions, communications, 

directions, and authorizations it relied on did not originate with ABO in 

connection with this shipment; 

Page 3 of6 
RESPONDENT'S SUPPLEMENTARY 

RESPONSE TO COMPAINANT'S FIRST 

SET OF INTERROGATORIES 

FDMS NO.: FAA-2013-0713 

c. whether Emirates' records establish the identity(ies) the actual party( ties) or 

agent( s) Emirates dealt with respecting its acceptance of the relevant package for 

air carriage; 

d. whether Emirates accurately reported the foregoing information to the FAA 

during its investigation; 

e. what due diligence is required of an air carrier and appropriate to establish that the 

air carrier and the Air Waybill accurately reflect and identifY the actual Shipper; 

f. he may have relevant testimony respecting such other points as ABO has included 

in its Answer, in its Discovery filings, or as may arise in the context of this action. 

Name: 

Address: 

Phone: 

Position: 

Gary Wilson 

19120 Kenswick Dr., Humble, Texas 77338 

281-964-2547 

Employee, DHL Global Forwarding 

Summary of expected testimony: Mr. Wilson is expected to testifY: 

a. that DHL Global Forwarding carmot establish that it was duly authorized by ABO 

to undertake carriage or to accept, directly or indirectly, the relevant package for 

air transportation or for air carriage; 

b. that, in listing "ABO Supply" as the Shipper on DHL Express Shipment Waybill 

45 6442 9730, DHL Express did not do so based on any direct communication 

with ABO authorizing it to do so and that the relevant instructions, 

communications, directions, and authorizations it relied on did not originate with 

ABO in connection with this shipment; 

c. whether DHL Global Forwarding's records establish the identity(ies) the actual 

party( ties) or agent(s) DHL dealt with respecting its acceptance of the relevant 

package for land and/or air carriage; 

d. whether DHL Global Forwarding accurately reported the foregoing information to 

the FAA during its investigation; 

e. what due diligence is required of a freight forwarder, courier, routed export 

shipping agent, or any other manner of forwarding agent and appropriate to 

establish that the identity ofthe actual Shipper is accurately reported on relevant 

export and/or carrier documentation; 

f. he may have relevant testimony respecting such other points as ABO has included 

in its Answer, in its Discovery filings, or as may arise in the context ofthis action. 

Page 4 of6 
RESPONDENT'S SUPPLEMENTARY 

RESPONSE TO COMPAINANT'S FIRST 

SET OF INTERROGATORIES 

FDMS NO.: FAA-2013-0713 

Name: 

Address: 

Phone: 

Position: 

Vincent Queau 

Warehouse FZS2AA03, Jebel Ali Free Zone, South Zone, Dubai, UAE 

+971 (0)4 88 60 333 

General Manager, Gulflndustrial Supply FZE (GIS) 

Summary of expected testimony: Mr. Queau is expected to testify:respecting the 

expectations and intent of the parties in connection with the sales order involving the 2 

liters of acetonitrile. 

Name: 

Address: 

Phone: 

Position: 

Omar Rodriguez 

11201 Greens Crossing Blvd., Suite 800, Houston, Texas 77067 

713-482-2060 

ABO Logistic Manager, ABO Supply, Inc. 

Summary of expected testimony: Mr. Rodriguez is expected to testify respecting the ABO 

logistics procedures and ABO's expectations, practices, and dealings with couriers and 

respecting transactions involving hazardous materials. 

6. Expert witnesses and substance of facts and opinions: 

Attached as Exhibit A is a copy of Mr. Fagerstrom's resume detailing the relevant 

licenses and permits he holds relevant to international trade and shipping subject matters 

and detailing his relevant experience. 

Summary of expected testimony: Mr. Fagerstrom is expected to testify: 

a. that international transactions pursuant to INCOTERMS provide a ready means 

for the parties to reliably assign the various roles and responsibilities; 

b. that the sales and order communications between ABO and its customer and other 

parties do not reflect an intent by ABO to offer the relevant goods for land 

carriage, much less air carriage, and do not reflect an expectation by other parties 

that ABO will provide that service; 

c. respecting the due diligence required of parties involved in an international 

transaction and/or respecting the international shipping of goods; 

d. respecting required and customary means such parties rely on to establish and 

verify principal/agent relationships; 

e. respecting the allocation of roles and responsibilities in a routed export 

transaction. 

Page 5 of6 
RESPONDENT'S SUPPLEMENTARY 

RESPONSE TO COMPAINANT'S FIRST 

SET OF INTERROGATORIES 

FDMS NO.: FAA-2013-0713 

11. ABO's net income in 2010, 2011, and 2012: 

Interrogatory Suppart A: 2010: $488,801 

Interrogatory Suppart B: 2011: $164,260 

Interrogatory Suppart C: 2012: $350,945 

Complainant's additional Request: On January 28, 2014, subsequent to issuance of its First 

Set oflnterrogatories, Complainant further requested "[f]ourth, please provide the agency a copy 

of the contract which defined the terms of sale in this transaction." In Respondent's production 

of documents requested by Complainant, in its First Request for Production of Documents, 

Respondent believes that it did produce all relevant documents (with the exception of order 

acknowledgement documents, included earlier as Exhibits to Defendant's Response to 

Complainant's Motion for Decision, and attached hereto as Exhibit B), as the relevant "contract" 

was comprised of the order and sales paper, also provided to the FAA during its investigation. 

Regardless, Respondent will review its records anew for completeness and supplement, as 

appropriate. 

cott L. Johnsto 

Givens & John on, PLLC 

Attorneys for BO Supply, LLC 

950 Echo Lane, Suite 360 

Houston, TX 77024 

713-932-1540 

713-932-1542 fax 

Page 6 of6 

7306 Dogwood Trail Dr. 

Humble, Texas 77346 

DANIEL H. FAGERSTROM 

SUMMARY 

Tel: 281-513-0680/281-852-8950 

Email: dan.fagerstrom@yahoo.com 

Over 35 years domestic & international transportation operations, sales, projects, and 

overseas experience, with varied responsibilities including corporate management. 

Licensed Customsbroker. FMC & STB/ICC Practitioner. 

PROFESSIONAL LICENSES & QUALIFICATIONS 

Licensed Custom House Broker No. 6141 

Registered Practitioner, Federal Maritime Commission No. 1301 

Registered Practitioner, Surface Transportation Board (formerly ICC) 

Certified Customs Specialist No. 4327 

EDUCATION & PROFESSIONAL TRAINING 

Rice University, Houston, Texas- B.A. 

College of Advanced Traffic - Certificate in Transportation & Traffic Management 

Houston Community College- 36 semester hours in transportation & international trade 

OTHER EXPERIENCE 

Adjunct professor/instructor for international trade & logistics over past 25+ years: 

Laredo State University Graduate School of Business, 

University of St. Thomas, Houston Community College, 

Lone Star College 

Seminar Speaker/Presenter: 

U.S. Department of Commerce- Duty Drawback, INCOTERMS, Choosing Your 

Logistics Service Providers 

City of Houston DR-CAFTA Initiative- DR-CAFTA Documentation Requirements 

Texas Broker & Forwarder Conference- Prudent Import Procedures 

Harris County Int'l. Trade Conference- Airfreight Outlook 

Energy Traffic Association- INCOTERMS today 

Baker Hughes- In-house staff training: INCOTERMS, Customs compliance, HTSUS 

tariff classification 

Exxon USA- In-house stafftraining: INCOTERMS, Import & Export Compliance 
PROFESSIONAL EXPERIENCE 

MIQ LOGISTICS- Houston, Texas (2010-Present) 

Import Manager 

SCHENKER, Inc./ BAX GLOBAL, Inc.- Houston, Texas (2004- 201 0) 

Sales Manager 

Manager, Import Compliance & Business Development 

Import Manager 

D. L. BYNUM & COMPANY, INC.- Houston, Texas (2001- 2004) 

VP General Manager - Houston 

AIT WORLDWIDE LOGISTICS- Houston, Texas (1999- 2000) 

Station Manager 

USF WORLDWIDE I DAHER GOLDEN EAGLE- Houston, Texas (1997 -1999) 

Regional Sales Manager 

Operations Director (ENLOG Azerbaijan JN) 

ARIES FREIGHT SYSTEMS, INC.- Houston, Texas (1994- 1997) 

VP International 

DAHER AMERICA, INC.- Houston, Texas (1991 - 1994) 

General Manager I National Accounts Manager 

RADIX GROUP I RYDER INTERNATIONAL FREIGHT & CUSTOMS 

SERVICES I INTERNATIONAL CUSTOMS SERVICE, INC. (1978 -1991) 

National Accounts Manager 

Southern Regional Director 

District Director 

Sales I Service Manager 

CONOCO, INC., Headquarters Transportation Dept. (1974 -1978) 

MEMBERSHIPS & ORGANIZATIONS 

Houston Customs Brokers & Freight Forwarders Association- Past board member 

International Transportation Management Association- Past board member 

Lone Star College- Business advisory board member 

..... ~·· .... ····~··.· .. ·· ····.·· ..... 

[A~f.i!Pllf] 

Doc. Number 

IAU 31786 

Date 

0710912012 

Contact 

Phone 

Fax 

Email 

Ignacio Aurrecoechea 

+1 713 482 2060 

+1 713 482 2061 

Customer's PIO Reference. LCAYE7163/01 

We appreciate your business and continued support 

Item Code: 116927 

Page 

112 

Manuf. FISHER SCIENTIFIC PiN A996-1 

HSCODES: 

3622.00.0002 -

ECCN:EAR99 

NLR: NO LICENSE REQUIRED 

Origin: United States of America 

ABO Supply, LLC 

11201 Greens Crossing Blvd., Suite BOO 

77067 Houston, TX- USA 

GIS 

PO Box 263013, Jebel Ali Free ZOne 

Dubai 

United Arab Emir. 

Contact Vincent Queau 

Phone 011 971 4 88 60 333 

Fax 

Email cflofra 

Order Ship To Information : 

GIS 

PO Box 263013, Jebel Ali Free Zone 

Dubal 

United Arab Emir. 

Phone: 

Fax: 

Website 

+1-713-462-2060 

+1-713-462-2061 

www.abosupply.com 

46.65 
Subtotal 

Net Amount 

IAU 31786 07/09/2012 

455.49 

455.49 

"""'''"''"''"-'"'"'"' ____ ,_,,, ..................... ....,,_,,...,.!0', ... -.>._,, • ......,.._, •• , •• ,,, ••• .,, .. ,,.~-""""""'"""'"""'"'--~ .. -···-

Total USD EXW HOUSTON 455.49 

PaymentTerms : Net 30 

Kind Regards Ignacio Aurrecoechea 

-..:so s~pPI;,- LLc-- ----···-- --~------·----~- ----·--ph~~~~---- ;;:;;;·3:482~a6a--- · ---· 

11201 Greens Crossing Blvd., Suite BOO Fax: +1-713-482-2061 

77067 Houston, TX- USA Web site www.abosupply.com 

Scott Johnston 

From: Scott Johnston 

Sent: 

To: 

Monday, February 10, 2014 6:31 PM 

'James.Archier@faa.gov' 

Subject: ABO Supply 

Mr. Archier, 

Here is the contact information: 

Ignacio Jose Aurrecoechea 

7713 South Minjo Rd., Apt. 1113 

Tulsa, OK 74133 

832-459-5540 

ignacioja@gmail.com 

Sincerely, 

Scott L. Johnston 

Givens & Johnston, PLLC 

950 Echo Lane, Suite 360 

Houston, Texas 77024 

sjohnston@givensjohnston.com 

Internet: givensjohnston.com 

713-932-1540 

800-285-8042 

713-851-2833 cellular 

713-932-1542 fax 

Member: InterServe 

Internet: www.interserv.org 

1