u.s. DEPARTM~:NT OF.TRANSPORTAl'ION 

..\ n OFF1CF.. OF HEARINGS 

/i t;FEDERAL AVIATION ADMINISTRATION'~'... ,_,"" . ..- , " ! .~~ .' ~ ~. 

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FEDERAL AVTATION ADMINISTRATJON, 

Complainant. 

vs. 	 , 

I ]lAA Case No. 2008CE170150 

I Judge Isaac D. Benkin 

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SKYDIVE KENTUCKY LLC LPD'(tfODD1/~Ol.:fj- i(y!7

Respondent 

II 

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__________...•.. 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 of Documents, 

submits t!1e following: 

1. The name, Qccupation, and business address of each person Respondent intents to call 

as a witness in this proceeding. 

RItSPONSIi:: 1.1 	 James Tyler Moore, III 

58n C{)\umhla Highway 

Greensburg, K Y 42743 

CHO of Skydive Kentucky, LLC 

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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 

IA 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, n wi11 offer leslimony on the 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 of RespolldcIl1; 

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 behalf ofRespondent 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 of Augu!;t 30, 2008, 

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and my first infonnation that a claim was being made that a fuel 

gauge on N5927B was unairworthy before the eventsofAugust 30. 

2008 was when T recelved the correspondence from lhe FAA of 

November 19,2009, Notice ofProPOStxl 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 of application 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 log books, 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 testimony that he is a commercial pilot, 

transported N5927B from the seller, Jerry'~ Flying Circus, [nc., Columbus, 

Jndiana, to JamesTyler Moore, II, CEO ofRespondent, at Eli:t:abcthtowll, 

Kentucky. Mr. (-freer is expected to testify thai h(.; was unaware of aoy 

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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 of August 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 of the allegations of the 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 of the Complaint that indicates the aircraft was 

unairworthy atthe time orthe <.;vent ofAllgust 30, 200!~ or that a.fueJ gauge was not operational 

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 believethey 

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were not correct, a tetter of authorization 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 of N5927B, 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 

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3. Etnancialst.ate m ent to be providet!' 


Respectfully submitt~d) 

~..Y . J.. .. ----­ r 

THR GAIteR .LA W 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 of my knowledge and belief. ~.. . 

AllenK Gai 

. /~~ 

/ 

J ES T. MOORE, ill, CEO of

: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 of Skydive Kenmcky, T .Le, 

this :31,,"0 day of March, 2010. .. 

-r~y Commission Expjres:~_-:-!~._~.. /3 . 

..

~~~~~~~(~e~.~~~~~~_ ::.. ... --­ JUUC, STATE AT LARGE, KY 

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CERTIFICATE OF SERVICE )1 

1 hereby certify thal a copy ()f the foregoing Response was mailed thiS~ day of 

March, 2010 t(): 

Hearing DochL Ch;rk 

FAA, AGC-430, Suite 2WIOOO 

Wilbur Wright Building 

800 Independence A venue, SW 

Wa~hingt()Il, DC 20591 

Taneesha D. Marshall 

FI:.'JcruJ Avialion AdminilSlr'ation 

01lice of the Regional Counsel, ASO-7 

Southern Region 

P.O. Box 20636 . . Atlanta, GA 30320 

Allen K, CT 'lor -~~ Counsel for Respondent 

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