GIVENS 

### & JOHNSTON, PLLC

ROBERTT. 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 FedExNo.: 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 14 2014 HEARING DOCKET

Re: 

### Defendant's Response to Complainant's Motion to CompelDiscovery; FDMS NO. FAA-2013-0713; ABO SupplyLLC This forvvards the above-referenced submissios. Please forward all correspondence related to this matterto 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 ofthis filing has also beenprovided to the following individuals: The Honorable Richard C. Goodwin Administrative Law Judge Office ofHearings, M-20 U.S. Dept. ofTransportation 1200 NewJersey Avenue, S.E. (Ell-310) Washington, DC 20590 FAX#: 202-366-7536 Mr. James Archier, Attorney FAA, Office ofRegional 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 LLCSERVED: 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 OnbehalfofABO Supply LLC ("ABO"), Defendant inthis action, we hereby repond to Complainant's January 31, 2014, Motion to Compel Discovery, byresponding to Complainant, as follows: 1. Complainant alleges that Defendant counsel did notreturn a phone call, but neglectedto report the undersigned's several attempts to respond to that phone call and otherwise correspond via email (see Exhibit A). 2. Defendantbelieves 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 timelyrespond to Defendant's discovery requests and to take further action, as appropriate, to address any remaining defects as Complainantmay allege without being compelled to do so. Accordingly, based onthe foregoing, Defendant requests that this court deny Complainant's Motionto 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 faxScott 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 wishto 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 positionthat there are facts inissue. I hereby ask for Complainant's consentto the Motion. I apologize for this inconvenience and ask that the FAA allow this issue to be decided onthe merits. I will complete it and get it to you via email today and inFedex to the Courttoday, ifpossible (schools, city functions, and other services are closedtoday due to weather, but I'mnot sure about FedEx). I have apinched nerve inmyneck 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

1Scott 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 ofthe 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 yourresponse. Also, I received and will respond to the discovery issues you listed in the fax sent 1-28-14 (that is now yesterday). Last, inthe enclosedresponse, 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 suppliedto the FAA during the investigation. Exhibit D is comprised ofABO 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

1Scott 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 knowthat you are receiving my emails, as your Motionto Compel Discovery neglected to mentionthe ones I sent onthe 28 1 h and 291 h 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

1In 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 behalfofABO Supply, LLC ("ABO"), Respondent in this action, we hereby supplement, answering as follows: (Unless indicated to the contrary, numbering inthis 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 ofexpected testimony: Mr. Chevrier is expected to testify that:

a. the relevant transaction re the 2 liters ofacetonitrile was intended to be an ex works (ABO's place ofbusiness) sales transaction wherein the ultimate Buyer tooktitle to the purchased goods at the premises ofABO and undertook responsibility for their subsequentremoval and disposition from that point forward and that no novations to the terms ofthattransaction were authorized or intended; b. ABO's immediate customerwas a related foreign company, GulfIndustrial Supply;

c. ABO was made aware ofthe ultimate consignee and Buyer (Yemen LNG) and one ofits foreign agents (Danzas), but that ABO only learned ofthe involvement

### RESPONDENT'S SUPPLEMENTARY RESPONSE TO COMPAINANT'S FIRST SET OF INTERROGATORIES FDMS NO.: FAA-2013-0713

ofother agents and services, presumably, selected

### by the Buyer and/or its agents pursuantto the subsequent investigation; d. none ofthe entities involved inthe removal ofthe 2 liters ofacetonitrile from the premises ofABO were authorized to act as agents for ABO in connection with those activities and any action by any suchparties inconnection withthose activities was unauthorized by ABO and ultravires with respect to anyPower of Attorney any such entities may have obtained from ABO in cormection with any pasttransaction;

e. Hazardous materials packaging, labeling, marking, and related services are servicesthat, at the time, ABO offered, but whichthe customer could opt to be providedpost-sale by someone otherthanABO; f. a decisionby a customerto decline hazardous materials packaging, labeling, marking, and related services offeredby ABO was its choice, at the time, and would not constitute a red flag suggesting that a hazardpous materials violation will occur, as the customermightreasonably optto arrange for such servicespostsale to avoid duplication ofeffort and cost inconsolidated shipments involving other hazardous materials, to obtainthose services from a preferred vendor, 

### etc.; g. ABO tookprompt action to evaluatethe circumstances surrpounding the alleged violation, as they came to light, and opted to sacrifice its future legitimate sales requiring hazardous materialspackaging, marking, labeling, and related services, unless the customer authorizes and agrees to payABO to provide those services; and, h. he may have relevant testimonyrespecting such other points as ABO has included in its Answer, in its Discovery filings, or as may arise in the context ofthis action. Name: Address: Phone: Position: Bill Streb PO Box 443, Bellville, Texas 77418 979-637-7978 Special Agent, FAA Summary ofexpectedtestimony: Defendant expects that Agent Streb's testimony will establish that the FAA's investigation was insufficiently complete to establishthat ABO was the partyresponsible (either directly orindirectly) 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 OFINTERROGATORIES FDMS NO.: FAA-2013-0713

Summary ofexpectedtestimony: Mr. Aurrecoechea is expected to testify that:

a. he was notresponsible for providing "ABO Supply" as the "Shipper"onthe collectionreceipt (ShipmentWaybill45 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 intiny, tinyprint above his signature onthe DHL Express collection receipt;

c. in signing his name onthe DHL Express collection receipt, he only intended to document the transfer ofpossession ofthe correctgoods 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 ofthe DHL Express collectionreceipt;

e. he did not intend, by signing the DHL Express collectionreceipt, to alter the establishedterms ofthe sales contract, to further obligate ABO respecting any roles previously established, or to misrepresentthe hazardous goods nature ofthe 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 ofthis 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 ofexpectedtestimony: Mr. Brown is expectedto testify:

a. that Emirates Cargo International cannot establishthatitwas 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 onEmirates Air Waybilll76- 32209940, Emirates did notdo 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 OFINTERROGATORIES FDMS NO.: FAA-2013-0713

c. whetherEmirates' records establishthe identity(ies) the actual party( ties) or agent(s) Emirates dealt withrespecting its acceptance ofthe relevantpackage for aircarriage; d. whether Emirates accuratelyreported the foregoing informationto the FAA during its investigation;

e. what due diligence is required ofan air carrier and appropriate to establish that the air carrier and the Air Waybill accurately reflect and identifYthe actual Shipper; f. he mayhave relevant testimonyrespecting such other points as ABO has included in its Answer, in its Discovery filings, or as may arise in the context ofthis action. Name: Address: Phone: Position: Gary Wilson 19120 Kenswick Dr., Humble, Texas 77338 281-964-2547 Employee, DHL Global Forwarding Summary ofexpectedtestimony: Mr. Wilson is expectedto testifY:

a. that DHL Global Forwarding carmot establishthat itwas duly authorized byABO to undertake carriage orto accept, directly or indirectly, the relevant package for airtransportation 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 withABO authorizing itto do so and thatthe 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 withrespecting its acceptance ofthe 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 ofa freight forwarder, courier, routed export shipping agent, or any othermanner offorwarding agent and appropriate to establishthat 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 OFINTERROGATORIES 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 ofexpected testimony: Mr. Queau is expectedto testify:respecting the expectations and intentofthe parties in connection with the sales order involving the 2 liters ofacetonitrile. 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 ofexpectedtestimony: Mr. Rodriguez is expectedto 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 offacts and opinions: 

### Attached as ExhibitA is acopy ofMr. Fagerstrom's resume detailing the relevant licenses and permits he holds relevantto international trade and shipping subject matters and detailing his relevant experience. Summary ofexpectedtestimony: Mr. Fagerstrom is expectedto testify:

a. that international transactions pursuantto INCOTERMS provide aready means for the parties to reliably assign the various roles and responsibilities; b. thatthe sales and order communications between ABO and its customer and other parties do notreflect an intent by ABO to offerthe relevant goods for land carriage, much less air carriage, and do notreflectan expectation by otherparties that ABO will provide that service;

c. respecting the due diligence required ofparties involved in an international transaction and/orrespecting the international shipping ofgoods; d. respecting required and customary means such parties rely on to establish and verify principal/agent relationships;

e. respecting the allocation ofroles and responsibilities in arouted export transaction.
Page 5of6

### 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: OnJanuary 28, 2014, subsequent to issuance ofits First Set oflnterrogatories, Complainant further requested "[f]ourth, pleaseprovide the agency a copy ofthe contract which defined the terms ofsale inthis transaction." In Respondent's production ofdocuments requestedby Complainant, in its First Request for Production ofDocuments, Respondentbelieves that it did produce all relevant documents (with the exception oforder acknowledgement documents, included earlier as Exhibits to Defendant's Response to Complainant's Motionfor Decision, and attached hereto as Exhibit B), as the relevant "contract" was comprised ofthe order and sales paper, also providedto 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 of67306 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 variedresponsibilities including corporate management. Licensed Customsbroker. FMC & STB/ICCPractitioner. PROFESSIONAL LICENSES & QUALIFICATIONS Licensed Custom House BrokerNo. 6141 Registered Practitioner, Federal Maritime Commission No. 1301 Registered Practitioner, Surface TransportationBoard (formerly ICC) Certified Customs SpecialistNo. 4327 EDUCATION & PROFESSIONAL TRAINING Rice University, Houston, Texas- B.A. College ofAdvanced Traffic

- Certificate in Transportation & Traffic Management Houston Community College- 36 semesterhours intransportation & international trade OTHER EXPERIENCE Adjunct professor/instructor for international trade & logistics over past 25+ years: Laredo State University Graduate School ofBusiness, University ofSt. Thomas, Houston Community College, Lone Star College Seminar Speaker/Presenter: U.S. DepartmentofCommerce- Duty Drawback, INCOTERMS, Choosing Your Logistics Service Providers City ofHoustonDR-CAFTAInitiative- DR-CAFTA Documentation Requirements Texas Broker & Forwarder Conference- PrudentImport Procedures Harris County Int'l. Trade Conference- Airfreight Outlook Energy Traffic Association- INCOTERMS today BakerHughes- In-house stafftraining: INCOTERMS, Customs compliance, HTSUS tariffclassification Exxon USA- In-house stafftraining: INCOTERMS, Import & Export Compliance

### PROFESSIONAL EXPERIENCE MIQLOGISTICS- Houston, Texas (2010-Present) ImportManager SCHENKER, Inc./BAX GLOBAL, Inc.- Houston, Texas (2004- 2010) Sales Manager Manager, ImportCompliance & 

### Business Development ImportManager D. L. BYNUM & 

### COMPANY, INC.- Houston, Texas (2001- 2004) VP General Manager

- Houston AIT WORLDWIDE LOGISTICS- Houston, Texas (1999- 2000) StationManager 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 DAHERAMERICA, INC.- Houston, Texas (1991

- 1994) GeneralManager 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 DistrictDirector 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 ofAmerica

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 011 971 488 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 46.65Subtotal NetAmount 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.comScott 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