## u.s.**DEPARTM~:NT** 

### OF.TRANSPORTAl'ION

..\ n OFF1CF.. 

### OF HEARINGS /i t;FEDERAL AVIATION**ADMINISTRATION'~'** 

### ... ,_,""
. ..- 

### , " !**.~~** .'**~ ~.**  ( ',•."1 :**~** "<

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### FEDERAL 

### AVTATION ADMINISTRATJON, Complainant.

vs. 

### , I ]lAA Case No. 2008CE170150 

## I Judge Isaac D. Benkin 

### I 

# I 

# LPD'(tfODD1/**~Ol.:fj-** 

# i(y!7 SKYDIVE KENTUCKY LLC Respondent II
I

__________...•.. 1

RESPONDENT'S 

### RES'PONSE TO**AGE.N~.Y'S** REQlJJ;:ST FOR DISCOVERY 

### AN» PRODUCTION OF.I)OeJJMRNTS

Comes Jim 

### Moore, CEO ofSkyuive Kentucky LLC, Respondent, in 

### person and by C()LLllsei, 

### and for his 1"esponse 

### to Agency's Rcquest forDiscovery and Production ofDocuments, submits t!1e 

### following: 1. The name, Qccupation, and business address ofeach person Respondent 

### intents to call

as a witness 

### in this proceeding. RItSPONSIi:: 1.1 

### James Tyler Moore, III 

### 58n C{)\umhlaHighway 

### Greensburg, K Y42743 CHOofSkydive Kentucky, LLC**S~(]** -I­**LOO/lOO~**----- ---- ---------------------.---­

1.2 James Franklin Greer 3601 Hillsboro Road Louisville, KY 40207 Commercial pilot and occasional1y piloting N5927B 1.3 Bill Hamed 3144 Wilson Creek Lane Lebanon Junction, KY 40156 Pilot who occasionally flew N5927B 

### I

### A Employees 

### ofKing 

### Aircraft Tide, Inc., including 

### Debbie King, 14801 SOlLlhwesl65tb Street, Mustang, OK 73064. 2. The subject matter upon which each iutended witness is expected to testify, the 

### facts and 

### opinions as to which each 

### intended witness is expected to testify, 

### and a summary ofthe 

### grounds for 

### each opinion. RESPONSE: 2.1-1 Jameti T. Moonl,

# nwi11 offer leslimony onthe following matters:
a. His experience with aircraft and skydiving, that he has a student**pilot'~** certificate and his relationship with and 

### intcn.;st in Respondent; b. The organi;:,atl0n and**husilles~** affairs ofRespolldcIl1;
c. Shopping for an appropriate 

### aircraft for Respondent; d, 

### Pre-purchase examination ofN5927B and accompanying log books and paperwork Note: Aftl..T the incident of

### 8/30/08, N5927B was sold & the log beoks were transferred to the new owner.
e. Purchase ofN5927B; 

## r. Arranging for the Hight ofN5927B 

### to Kentucky, receipt of 

### N5927B on 

### behalfofRespondent and piJot's report conceming the flight, condition and airworthint:ss ofN5927B; 

### g. Use and maintenance ofN5927B from the time ofpllrchasc to Augusl30, 2008, and the event in Complainant's Complaint. h. Received no information that N5927B had an inoperable fuel 

### ga.uge or was unairworthy prior to the event ofAugu!;t 30, 2008,

L001600 If] 2and my first 

### infonnation that a claim was being made that a fuel 

### gauge on 

### N5927B was 

### unairworthy before

### the events

### ofAugust 

### 30. 2008 was when T recelved 

### the correspondence from lhe FAA of November 19,2009, Notice ofProPOSt xl Civil Pcnalty. Such' notice was infac:l ::;talc and not timely. I do not recall Mr. Galica ever telling me that he thought the fuel gauges in N5927B 

### were inoperative plior 

### 10 the 

### events of

### August 30, 

### 2008. i. What has happened to N5927B since August 30, 2008, the damage and repair costs. and the 

### financial**tlff~ct** 

### upon Respondent. j. Upon 

### purchase ofN5927B, Respondent retained King 

### Aircraft Tille, 

### Inc. to handle the 

### regis1.rahol1 and other required paperwork 

### transferring N5927B 

### and title thereto to Respondent and 

### MO()l·e did not 

### realize until August 30, 2008, after the event 

### ofAugust 30, 2008, that registration had 

### nol been 

### completed. k. That the 

### pink copy ofapplication for 

### regi.stra.tion was in NS927B at the time ofthe 

### occurrence on Allgust 30, 2008. 1. Richard 

### Money, A&P, 304488725, lA, performed the

### last 100 

### hour inspection plior to the event ofAugust 30, 

### 2008 logging same. Respondent had 

### no reason to question 

### Mr. Money's work.
ID. Selh Miller, AP 3252306, perfomled a 

### pre-purchase inspection on or about June 5, 2008, while it was located aL Jerry's Flying 

### Circlls and there was no indication that anyofthe fuel 

### gauges were not 

### working or that the aircraft 

### was unairworthy.

n. All O'\.Vllers manuals that were in the 

### aircrafl on

### Augusl 30, 2008 

### were provided hy 

### the 

### prior owner thereof, Jerry's Flyi.ng 

### Circus, Tnc. and there**'.\ra~** nothing in the logbooks, the pTe-purchase lnspection 

### report 

### to Respondent or

### infomlation from the 

### seller l.l1dicating that 

### the manuals were inappropriate 

### or 

### the wrO.l1g 

### manuals for the aircraft 

### and tile manuals were represented 

### to be the correct manuals. 2.2**J().me~** Franklin 

### Greer will O[f(;jf testimonythat he is a 

### commercial pilot, transported N5927B from the 

### seller,**Jerry'~** 

### Flying Circus, [nc., Columbus, 

### Jndiana, to JamesTylerMoore, 

### II, CEO ofRespondent, 

### at Eli:t:abcthtowll, Kentucky. Mr. (-freer is expected to testify thai h(.; was unaware ofaoy 3

lili:! SV1G
..problems with N5927B prior to the event ofAugust 30, 2008, including 

### any and a11 fuel gauges, and had no rcason to believe that the aircraft was unailwolihy at any time prior to the event ofAugust 30, 2008. 2.3 

### Bill Hamed 

### will offer testimony lhal 

### he is a pilot, 

### that he occasionally 

### t1ew N5927B be;[orc Augu!)t 30, 2008,tbere wal> nothing wrong with the fuel 

### gauges and the 

### aircraft was 

### airworthy. 3. To the extent that any expert witness is expected to testify, identify any repOlts and records 

### that fonn the basis for lhis testimony RESPONSE; No experls 4. (fyou deny any ofthe allegations ofthe Complaint, cxphlin the fOlctual basis for each denial, and iuenlify witrlCSSCS and exhibits 

### you anticipate otleling as evidence for such factual 

### basis. RESPONSE: Respondent denies the allegations ofthe Complaint that indicates the aircraft was 

### unairworthy atthe time orthe <.;vent ofAllgust 30,**200!~** or that a.fueJ gauge was notoperational


### on August 30, 2008 

### betore the event All fuel gauges 

### ofN5927D were operalional and in good working order at tbt) lime Rccpomh::nt purcha.sed N5927B, no one ha.d made any complaint to Respondent tha.t the gauges


### were 

### not operational or COIT(;cl prior

### to August 30, 2008 and the first 

### infonnation that Respondent had 

### that a 

### fuel ga\lge on N5927B was noL operational was alter the event of

### August 30, 

### Z008 as set forth in Cumplainant's Complaint. 

### Since all fuel gauges were 

### operational before the event of

### August 30, 2008, there 

### would have been 

### no reason to placard same "inoperative". Similarly, since the fuel gauges were operational, and Respondent had no reason to believe

### they

LOO/POO \ll/j SI'IG
..**~**

### were not correct, a tetter 

### ofauthorization from 

### the administrator allowing Respondent 

### to operate the aircrafI within operative (:quipmcnt would 

### not have been appropriate as all equipmellt was 

### operationaL At the 

### time ofthe 

### flight on August 30,2008, NS927B was 

### airworthy. At the time ofthc t1ighI on 

### August 30, 2008,**th~** pink

### registration sill' was 

### on board but 

### had expired. Upon purchase ofN5927B, Respondent retained King AircraIt Title, Inc. to handle the registnll:lon. There was 110 

### damage known t() 

### Moore, or Respondent, to N5927B 

### prior to the event 

### of August 31),2008, amI all damage observable 

### to N5927B occurred at the lime ofthe even.t set forth jn Complainant's Complai.nt.



### RESPONSE TO**~F;QlJ** I1;ST 

### FOR 

### PRODUCTION OF_POCUMENTS 1. No expert reports. 2. Respondent intends 

### to introduce the following 

### docl.Imt;nts: 2.1 

### Loe: books ofN5927'B ifthev can 

### be located**~.** 

# . 2.2 

### Manuals in N5927B ifthey

### can be loc;ated 

### 2.3 Documents concerning the purchase, use and maintenance ofN5927B

53. Etnancialst.atem ent to be providet!' Respectfully**submitt~d)**

## ~..Y 

# . J
.. ..----­ r THR GAIteR .LAW OFFICR, PU.C 100 Pro1c::sional Arts Building 730 We!>t Market Street Louisville, Kentucky 40202 (502) 584-7217; Fax (502)**584-484~** Counsel for Respondenl 

### VERIFICATION I veritY and atfim1 tbat the foregoing answers**~terrogat()riet.;** are true and correct to the
. best ofmy knowledge and belief.**~..** . AllenK Gai

.

# /~~ /

ES T. MOORE, ill, CEO of J :KYDIVE KI::::NTUCKY, LLC, Re. pondent
COMMONWEALTH OF KENTUCKY ) 

### )SS COUNTY OF JEFFERSON ) Swom, !>ubscribcd and acknowledged before me, a Notary Public in and for the CDnUllOrlWealIb andCuunty**,Ifon:~aid** by James T. Mt)()re, In, CEO ofSkydive Kenmcky, T .Le, this 

### :31,,"0day ofMarch, 2010.
..

### -r~y Commission

### Expjres:~_-:-!~._~ ..

## /3
.

# ~~~~~~~(~e~.~~~~~~_ ..::.. ... 

## --­ JUUC, STATE AT LARGE, KY

6

SVlO
.. LOO/SOO 

### If!CERTIFICATE OF SERVICE 

# )1 1hereby certify thal 

### a copy ()fthe 

### foregoing Response was mailed

### thiS~ day of March, 2010 t(): Hearing DochL Ch;rk FAA, AGC-430, Suite 2WIOOO Wilbur 

### Wright Building 800 Independence Avenue, SW**Wa~hingt()Il,** DC 20591 

### Taneesha D. Marshall FI:.'JcruJ Avialion AdminilSlr'ation 

### 01lice ofthe Regional 

### Counsel, ASO-7 Southern Region 

### P.O. Box 20636



# .
.Atlanta, GA 30320

# -~~ Allen K, CT 'lor 

### Counselfor Respondent

7

'r/'r/j**S~G** .. LOO/LOO**~**