> ^ 

VIA CERTIFIED MAIL, RETURN RECEIPT ifeQUESllB^' '^ ^OO1 OIIO 06o 7y\5" EZ^-T 

The Honorable Richard C. Goodwin, 

Administrative Law Judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

1200 New Jersey Ave. S.E. 

East Building Ground Floor, Room El2-320 

Washington, DC 20590 

RE: Case 2008AL700072 

MOTION TO 

r.^-sin 

^1 

DISPUTE DISCOVERY jcP^'^^'^T [FPA .^^V^ T 2 

June 03, 2010 

Dear Honorable Judge Richard C. Goodwin, 

I received the Agencies First Discovery Request on May 18, 2010. 

Unfortunately my reply must be in the form of A DISCOVERY DISPUTE per the DOT 

rules (attached as required) for the following reasons: 

13.220 (f) 

1. All 18 requests are cumulative and repetitious. 

2. 15 requests are clearly internal information already possessed by the {^ency. 

3. None of the requests are information the Agency cannot obtain, or has not 

obtained through other methods permitted. 

4. All 18 requests can only be seen as unduly burdensome, and specifically 

expensive to me for reasons shown in previous letters. 

Therefore I herby file a motion that the Agencies First Discovery Letter be dismissed. 

If I am in error please inform me in what way. 

Sincerely, 

Kyle Ponsfol 

Defendant 

HC 60 Box 3394 

Haines AK 99827 
Service List 

One copy 

The Honorable Richard C. Goodwin, 

Administrative Law Judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

1200 New Jersey Ave. S.E. 

East Building Ground Floor, Room El2-320 

Washington, DC 20590 

Agency Attorney of Record 

Howard L. Martin, Jr. 

Regional Counsel 

FAA Alaskan Region 

222 West 7* Avenue #14 

Anchorage, Alaska 99513-7587 

Original and One Copy 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Washington, DC 20591 

Attention: Hearing Docket Clerk, AGC-340 

Wilbur Wright Building- Suite 2W1000 
fdmn* AvkiHon AdnHnMratlon. DOT S 13.220 

(d) Proccduxv. A party shall file a notice of interlocutory appeal, with supporting documents, with the FAA decisionmakn- and the hearing docket 

cleric, and shall serve a copy of the notice and supporting documents on each 

party and the administrative law 

judge, not later than 10 days after the 

administrative law judge's decision 

ftwTnin^ the .bgsis o£ an interjocutory 

appeal of right or not later Than 10 

days after the administrative law 

judge's decisicsi granting an interlocutory appeal for cause, whichever is appropriate. A party shall file a reply 

brief, if any, with the FAA decisionmake r and serve a copy of the reply 

brief on each party, not late r than 10 

days after service of the ai^ieal brief. 

The FAA decisionmaker shall render a 

decision on the interlocutory appeal, 

on the record and as a part of the decision in the proceedings, within a reasonable time after receipt of the interlocutory appeal. 

(e) The FAA decisionmaker may reject frivolous, repetitive, or dilatory 

appeals, and may issue an order precluding one or more parties from making fVirther interlocutory appeals in a 

proceeding in which tlMre have been 

frivolous, repetitive, or dilatory interlocutory appeals. 

[Amdt. 13-21, 53 FR 27575. July 3. 1990. as 

amended by Amdt. 13-23, SS FR 43983. Oct. 31. 

1990] 

{iSJaO Dteoov«ry. 

(a) Initiation of discovery. Any party 

may initiate discovery described in 

this section, without the consent or approval of the administrative law judge, 

at any time after a complaint has been 

filed in the proceedings. 

(b) Methods of discovery. The following methods of discovery are permitted under this section: depositions 

on oral examination or writtm questions of any person; written interrogatories directed to a party; requests for 

production of documents or tangible 

items to any person; and requests for 

admission by a party. A party is not required to file written interrogatories 

and responses, requests for production 

of documents or tangible items and respcMises, and requests for adntission and 

response with the administrative law 

judge or the hearing docket clerk. In 

the event of a discovery dispute, a 

party shaU attach a copy of these documents in support of a motion made 

under this section. 

(c) Service on the agency. A party 

shall serve each discovery request directed to the agency or any agency employee on the agency attorney of 

record. 

- td) Time fca- response to discovety requests. Unless otherwise directed by 

this subpart or agreed by the parties, a 

party shall respond to a request for discovery, including filing objections to a 

request for discovery, not late r than 30 

days of service of the request. 

(e) Scope of discovery. Subject to the 

limits on discovery set forth in paragraph (f) of this section, a party may 

discover any matte r tha t is not privileged and tha t is relevant to the subjec t matte r of the proceeding. A party 

may discover information tha t relates 

to the claim or defense of any party including the existence, description, nature, custody, condition, and location 

of any document or other tangible item 

and the identity and location of any 

person having knowledge of discoverable matter. A party may discover 

facts known, or opinions held, by an 

expert who any other party expects to 

call to testify a t the hearing. A party 

has no ground to object to a discovery 

request on the basis tha t the information sought would not be admissible a t 

the hearing if the information sought 

during discovery is rectscoiably calculated to lead to the discovery of admissible evidence. 

(O Limiting discovery. The administrative law judge shall limit the frequency 

and extent of discovery permitted by 

this section if a party shows that— 

(1) The information requested is cumulative o r repetitious; 

(2) The infcomation requested can be 

obtained trom another less burdensome 

and ntore convenient source; 

(3) The party requesting the information has had ample opportunity to obtain the information through other discovery methods permitted under this 

section; or 

(4) The ntethod or scope <rf discovery 

requested by the party is unduly burdensome or expensive. 

63 
^ 

• 13.220 

(g) Confidential orders. A party oe person who has received a discovery re* 

quest for information tha t is related to 

a trade secret, ccmfidential or sensitive 

material, competitive or commercial 

infcvmation, proprietary data, or informaticm on research and development, 

may file a motion for a confidential 

order with the administrative law 

judge and shall serve a copy of the motion for a confidmtial order on each 

party. 

(1) The party or person making the 

motion must show tha t the confidential order is necessary to protect the 

Information &om disclosure to the public. 

(2) If the administrative law jud0e determines tha t the requested material is 

not necessary to decide the case, the 

administrative law judge shaU preclude 

any inquiry into the matte r by any 

party. 

(3) If the administrative law judge determines tha t the requested nuteria l 

may be disclosed during discovery, the 

administrative law judge may ordntha t the material may be diacoivered 

and disclosed under limited conditions 

or may be used only under certain 

terms and cc»iditions. 

(4) If the administrative law judge determines tha t the requested material is 

necessary to decide the case and tha t a 

cfMifidcaitial order is warranted, the ad> 

ministrative law judge shall provide: 

(i) An opportunity for review of the 

document by the parties off the xec<»d; 

(ii) Ftocedures for excluding the information from the record; and 

(iii) Order tha t the parties duUl not 

disclose the information injmy mwnier^ 

and the parties shall not use tfielnSormation in any other proceeding. 

(h) Protective orders. A party or a person who has received a request for discovery may file a motion for protective 

order with the administrative law 

judge and shaU serve a copy of the mo* 

tion for protective txxler on eacdi party. 

The party or perstm making the motion must show tha t the protective 

order is necessary to protect the party 

or the person from annoyance, embarrassment, oiq>ression, or undue burden 

or expense. As part of the protective 

order, the administrative law judge 

may: 

(1) I>eny the discovery request; 

14CniCh.l(1-1-«l 

(2) Order tha t discovery be coulucted 

only CO qiecifled terms and ooodltikMUu 

including a desiynatioa of th e tUpe o r 

place for discovety or a determination 

of the method of discovety; or 

(3) Limit the scope of diaoovwy or 

preclude any inquiry into certain matters during discovety. 

(i) Dnty to Btyipiemeat at- ametid f»-

spcMMMk A pett^Avho has «M^paadba4«4k 

discovery request has a duty to wapfAtment <»- anaend the response, aa soon as 

the infonnatioa is known, •• follows: 

(1) A party shall supptootent <n: 

amend any response to a questloa requestioig the identity and tocatloo «t 

any penoit iiaving knowledge o t diacover^l e matters. 

(2) A party shall supplemeiit o r 

amend any leqxnu e to a questioa requesting the identity of each parson 

who wiU be called to testify a t the 

hearing as an exp« t witness wad the 

subject matte r and substance of tha t 

witness' testimony. 

(3) A party shall supfdeniMit or 

anoend amy reqwnse tha t was inoonec t 

when nuule or any re^Kinse tha t was 

correct wbm made but is no ionfer 

correct, accurate, <x complete. 

0 ) D^pontioas. The fidlowlng rules 

af^ly to depositions taken pursuant t o 

this sectton: 

(1) Fatm. A deposition shall be tafcen 

on the record and reduced to writing. 

The person being d^Msed shall sign the 

deposition unless the parties agto* t o 

waive the requirement of a signatuie. 

(2) Adtoriafamwtei ofoaOu. Wt^iiB th e 

United Stutes, or a territory e r pnn(B|>' 

slon subject t o the juriadk^lon ef Mie 

XWtedlSiatesrKTwrtystsattntalceviAap' 

ositi<m b^iore a person authorised to 

administw oaths by the laws ot the 

United States or authorized by the law 

of the place where the examinatiati is 

held. In fopeisn countries, a party shall 

take a deposition in any wanne r allowed by the Fedmtil Rules of GkyM 

Procedure. 

(3) Notios t ^ tiepoaitiatt. A party sHyi 

serve a notice of deposition, stating the 

time and place of the dqtosition «nd 

the name and address of each persoo to 

he examined, on the person to be deposed, on die administrative law judge, 

on the hearii ^ docket cleric, aiad on 

each party not late r than 7 days b^tore 

64 
F«d*ral Aviallon AdmlnMrcrtlon, DOT 113.220 

the deposition. A party may serve a notice of deposition less than 7 days before the deposition only with consent 

of the administrative law judge. If a 

sut^poena duces tecum is to be served on 

the person to be examined, the party 

shall attach a copy of the subpoena 

duces tecum tha t describes the materials to be produced a t the deposition 

t o the ngjicB ofd^HKitifin.^^ 

(4) Use of depositions. A party may use 

any part or all of a deposition a t a 

hearing authoriied under this subpart 

only upon a showing of good cause. The 

d^iosition n\ay be used against any 

party who was present or represented 

a t the deposition or who had reasonable notice of the deposition. 

(k) tBtenxtgataries. A party, the party's attorney, or the party's representative may sign the party's responses to 

interrogatories. A party shall answer 

each interrogatory separately and completely in writing.If a party objects to 

an interrogatory, the party shall stat e 

the objection and the reasons for the 

objection. An opposing party may use 

any part or all of a party's responses to 

interrogatories a t a hearing authorized 

under this subpart to the extent tha t 

the response is relevant, material, and 

not repetitious. 

(1) A party shall not serve more than 

30 interrogatories to each other party. 

Each subpart of an interrogatory shall 

be counted as a separate interrogatory. 

(2) A party shall file a motion for 

leave to serve additional interrogatories on a party with the administrative law judge before serving additional 

interrogatories on a party. The administrative law judge shidl grant the nK>-

tion only if the party shows good cause 

for the party's failure to inquire about 

the information previously and tha t 

the information cannot reasonably be 

obtained using less burdensome discovery methods or be obtained from 

other sources. 

(1) Requests for admission. A party 

may serve a written request for admission of the truth of any matte r within 

the scope of discovery under this section or the authenticity of any document described in the request. A party 

shall set forth each request for admission separately. A party shall serve 

copies of documents referenced in the 

request for admission unless the documents have been provided or are reasonably available for inspection and 

cc^iying. 

(1) TYme. A party's failure to respond 

to a request for admission, in writing 

and signed by the attorney or the 

party, not late r than 30 days after service of the request, is deemed an admission of the truth of the statement or 

^tatexDcnt? contained i n th e request for 

admission. The administrative law 

judge may determine tha t a failure to 

respond to a request for admission is 

not deemed an admission of the truth if 

a party shows tha t the failure was due 

to circumstances beyond the control of 

the party or the party's attorney. 

(2) Response. A party may object to a 

request for admission and shall stat e 

the reasons for objection. A party may 

specifically deny the trut h of the matter or describe the reasons why the 

party is unable to truthfiilly deny or 

admit the matter. If a party is unable 

to deny or admit the trut h of the nuitter, the party shall show tha t the party 

has made reasonable inquiry into the 

matte r or tha t the informaticm known 

to, or readily obtainable by, the party 

is insufficient to enable the party to 

admit or deny the matter. A party may 

admit or deny any part of the request 

for admission. If the administrative 

law judge determines tha t a response 

does not comply with the requirements 

of this rule or tha t the response is insufficient, the matte r is deemed admitted. 

(3) Effect of admission. Any matte r admitted or deemed admitted under this 

section is ccwiclusively established for 

the piupose of the hecuing and appeal. 

(m) Motion to compel discovery. A 

party may make a motion to compel 

discovery if a person refuses to answer 

a question during a deposition, a party 

fails or refuses to answer an interrogatory, if a person gives an evasive or 

incomplete answer during a deposition 

or when responding to cm interrogatory, or a party fails or refuses to 

produce documents or tangible items. 

During a deposition, the prc^Jonent of a 

question may complete the deposition 

or may a^ioum the examinaticm before 

making a nK>tion to compel if a person 

refuses to answer. 

(n) Failure to comply with a discovery 

order or order to compel. If a party fails 

65 
• 13.221 14 CM CIt I (1-1-Oi MWorO 

to comply with a discovery otdfcr or an 

order to compel, the administrative 

law judge, limited to the ext^it of the 

party's failure to con4>ly with the discovety order or motion to compel, 

may: 

(1) Strike that portion of a party's 

pleadings; 

(2) Preclude prehearing or discovery 

nioti<»is by that party: 

(3) Preclude admission of that portion of a party's evidence at the hearing; or 

(4) Preclude that portion of the testimony of that party's witnesses at the 

hearing. 

[Amdt. 13-21. SS FR 27375. July 3. 1990. as 

amended by Amdt. 13-23. 53 PR 43983. Got. 31. 

1990] 

ftS,ttl Notkne of hearing. 

(a) Notice. The administrative law 

judge shaU give each party at least (0 

days notice of the date, time, and location ot the hearing. 

(b) Date, time, and location of the hearing. The administrative law judge to 

whcMn the proceedings have been assigned shall set a reasonable date, 

time, and location for the hearing. Tbe 

adnsinistrative law judge shall consider 

the need for discovery and any joint 

procedural or discovery sdiedule sid>-

mitted by the parties when detra^ 

raining the hearing date. The administrative law judge shall give due regard 

to the convenience of the parties, the 

location where the majority of the witiwsses reside or work, and whether the 

location is served by a scheduled air 

carrier. 

(c) Btuiier bearing. With tbe cooeent 

of Ae administrative law'jtodge,^ tlte~~ 

parties may agree to hold the hearing 

on an earlier date than the date specified in the notice of hearing. 

tive law judge shall admit any oral, 

documentocy. or demonstrative evidence introdiKed by a party but abaU 

exclude irrelevant, immaterlSLl, or unduly repetitious evidence. 

(c) Hearaay evidence. Hearsay evldrace is admissible in procaecBngs governed t ^ this subpart. The foot that 

evidence eulnnitted by a party is bearsay goes only to the weitfl^jc^ Jtpjfv); 

deuce and does not affect its ocmiXisibiUty. 

Il&a n standard of proo^ 

The administrative law judge shall 

issue an initial decision or shall lule in 

a party's fiavor oaiy if tbe decbtkn or 

ruling is supported by, and in aeconlonoe with, the reliabte, probative, and 

substantial evidence contained in tbe 

record. In cmler to i»evaU. the party 

with the burden of proof shall prove 

tbe party's case or defense by a prepondernnoe of reliable, probative, and substantial evidence. 

• l&j n Svidonoe. 

(a) Oetteral. A party is entitled to 

present the party's case or defense 1^ 

oral, documentary, or demonstrative 

evidence, to submit rebuttal evidence, 

fuid to conduct any cross-examination 

that may be required for a full and true 

disclosure of the facts. 

(b) AdmissiMJity. A party may introduce any oral, docuntentary, or demonstrative evidence in su^Kirt of the party's case or defense. The administrall$JHM MmOfmotrrtML 

(a) Except in the cose of an affirmative di^Bnse, the burden of fuoof is on 

the agency. 

(b) Except as otherwise provided by 

statute or rale, the proponent of a moti(», request, or order has the burden 

of ptuof. 

(c) A patty who has asserted an afftimative defense bos the burden of 

proving tbe affirmative defense. 

• UJ M OfUMTofprooe. 

A party whose evidence has boon excluded by a mling of the adnHntoj^aative law judge may offin- tbe e%4itii|M> 

Cw thenecord-on^Vpea^. _-. 

I18,aae PUMIC dlaeloaare ottnidtmn. 

(a) Tbe administrative law Judge may 

order that any information oontalned 

in tt» rcGord be withheld tern pulittc 

disclosure. Any persMi may otijapt to 

disclosure of litformatlon in the reoonl 

by filing a writtwi motion to wltliMki 

specific infecmatkin with tbe admtolatrative law judge and serving a copy of 

the motlmi m each party, Tlie party 

shall state ttte specific grounds for nondisclosure la tile motion. 

(b) The administrative law Judge 

ahaU ^raiit; the Motion to withhold Infonnatkiia In tbe record if. based on tbe 

66