Michael Selig, MD, FACC. 

2816 0refieldRoad 

Allentown, PA. 18104 

!JEB^.RTMENT OF 

•;IAN$PORTATION 

\.;-<tTOFERATlCNS 

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H =CT 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

Federal Aviation Administration 

Laura Ponto, Latonya Williams 

Complainants 

M & R Helicopters, LLC. 

Respondent 

FAA Case: No: 2009SO950434 

tfltf^OOll 

RESPONDENT'S MOTION TO COMPEL DISCOVERY 

AND NOW, comes respondent, MICHAEL B. SELIG, MD, FACC, 

principle for MR Helicopters, LLC, (MRH) (non-existent since 2009) whom avers 

and files the following MOTION to COMPEL DISCOVERY of information requested 

of Latonya Williams and Laura Ponta, Esq. post the 30 day period according to 

Rule 13.220(d). 

1. On July 21, 2009, FAA Officers, Latonya Williams and Kimmy Poon 

appeared for the initial inspection. 

2. Ms Williams disclosed that there was a policy change that occurred in 

February 2004, requiring all A & P mechanics to be on a company specific drug 

program. 

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3. Ms Williams did not provide the requested specific regulations, 

language, details, references or training with regard to her referenced specific 

regulation changes. 

4. On August 14, 2009, Ms Williams's letter informed MRH that violations 

were under investigation. 

5. On July 23, 2010, respondent was served with a Notice of Proposed 

Civil Penalty, citing a potential fine of $5400 (Fifty Four Hundred Dollars). 

6. On September 25, 2010, respondent requested a copy of the 

complete investigative report via telephone communication with Ms Ponto. 

7. On October 22, 2010, respondent was served with an incomplete 

investigative file which included several altered, redacted and spoliated 

documents (Exhibit 1,2). 

6. On October 27, 2010,.a letter was addressed to Ms Ponta requesting 

a complete copy of all the Regulations referenced in her complaint, inclusive of 

adoption dates and revision dates to confirm prior statements mode on behalf 

of the parties (Exhibit 3). 

8. In the letter of October 27, 2010, respondent requested full, unaltered 

copies of documents that were produced in the incomplete investigation file, 

that were either stricken, blocked out, redacted or spoliated. 

9. In the letter of October 27, 2010, it was requested to provide the 

reference of Jordon v Department of Justice that Ms Ponto cited in her 

correspondence. 

2 of 3 
10. In the letter of October 27, 2010, it was requested to provide the 

reference for policies on disclosure restrictions. 

11. In the letter of November 24, 2010, the above items were requested 

a second time, in addition a change of hearing location to Allentown, PA. 

(Exhibit 4). 

12. In the letter of November 27, 2010, respondent a third time reminded 

parties of the outstanding discovery and further requested the transcripts of the 

October 1, 2010 telephone hearing (Exhibit 5). 

13. The parties did not follow the standard practice pertaining to rules of 

evidence of attaching referenced documents. 

14. In violation of Rule 13.220 (d) the parties have not responded by way 

of objection or production of discovery that is now passed the 30 day deadline 

period. 

WHEREFORE, the respondent prays that this Honorable Court will either dismiss 

the cose on the basis of violating Rule 13.220 (d) or compel the parities Latonya 

Williams and Laua Ponta to produce the requested documents. 

Respectfully Submitted, 

Michael B. Selig, MD, FACC. 

Date 

tk^ : 

i r\ 

3 of 3 
ENFORCEMENT 

INVESTIGATIVE REPORT 

(Read Order 2150.3 for 

instructions) 

REPO, 

NUMBER 

2009SO950434 

RELATED NUMBER 

ALLEGED VIOLATOR IDENTIFICATION 

1.NAME 

M AND R HELICOPTERS LLC 

2. ADDRESS (Include zip code) 

2045 WESTGATE DRIVE, SUITE 205 , 

BETHLEHEM, PA18017 

TELEPHONE NUMBER (Incluc/e 

area code) 

610-769-7000 

3. DATE OF BIRTH 4 SEX 

MALE FEMALE 

5 FAA CERTIFICATE NUMBER 

MR3A020K 

6. FAA CERTIFICATE TYPE 7, AVIATION EMPLOYER 

33 

AIRCRAFT, ENGINE, PROPELLER, COMPONENT OR APPLIANCE INVOLVED 

8. MAKE 9. MODEL 

10 IDENTIFICATION NUMBER 

11. OWNER 12. ADDRESS (include zip code) 

ALLEGED VIOLATION 

13. DATE OCCURRED 

2007/06/08 

14. TIME 15. DATE KNOWN TO FAA 

2009/07/21 

16, REGION OF DISCOVERY 

EA 

17. LOCATION 

18. REGULATIONS BELIEVED VIOLATED 

RELATED DATA 

19. TYPE 

05 

20. SUB TYPE 

05 

21. CATEGORY 

22 

22. 

SOURCE 

33 

23.ACGIDENT 

ASSOCIATED 

00 

24.SECURITY PROGRAM 

INVESTIGATING FIELD OFFICE RECOMMENDATION 

25. SANCTION TYPE ACTION 26. SANCTION AMOUNT REPORTING INSPECTOR (Typed name) 

WILLIAMS, LATONYA 

(404)305-6175 

CHIEF (Typed name and signature) 

Team Coordinatof^TSp'W ^1^ . ^ 

REGIONAL DIVISION REVIEW 

29. REGULATIONS BELIEVED VIOLATED 30. RECOMMENDED TYPE ACTION 

'W»)i»iHldSBda?J>Jf»>rt»1k-^alL»HlMk 

C&EJ^anager: Lozad^r^trginia 

LE/SIGNATURE OF yJfPReVU^S^FICIAL 

FORM 2150-5 EA 

revised 9/5/2002 

Form! 150 

r/Y 

^fhihi'^ i 
in M and R Helicopte^ 

sensitive employees 

company's Third Parf 

ere were no recorasio inaicate that Mr. Baker had been placed 

Department of Transportation (DOT) pool of safetyOn July 21 , ?nng. dnr.umfintation wag nhtainorl fm m thp 

T^ammi rjimistrator i . 

Mr. Baker performed maintenance duties for M and R Helicopters, LLC on November 2, 

2007, November 18, 2007, and July 24, 2008. (lOP 5) All of the work was performed on 

M and R Helicopters, LLC's Part 135 aircraft, number N98CM, which is listed on its 

Operations Specifications. (iOP 4) There were no recorH!5.tn. indicate Mr. Baker's date of 

hirel 

FOR OFFICIAL USE ONLY 

Public availability to be determined under 5 USC 552 
M&R Helicopters 

DR Helicopters (DRH) 

2045 Westgate Drive 

Suite 205 

Bethlehem, PA 18017 

October 27, 2010 

Laura Ponto, Esquire 

Enforcement Division/AGC-300 

Office of the Chief Counsel 

FAA 

800 Independence Avenue, SW 

Washington, DC 20591 

Sent by CERTIFIED MAIL- RETURN RECEIPT REQUESTED 

Re: Case No. 2009SO950434 

Dear Ms Ponto: 

Pursuant to correspondence dated October 21, 2010 and the telephone 

communication on October 1, 2010 requesting a hearing, please be advised 

that DR Helicopters will again reiterate its request to have a hearing concerning 

this matter to mediate the miscarriage of justice and the appropriateness of 

sanctions in this case. 

In accordance to the standard rules of court and standards of legal 

practice, please provide a full and complete copy of the text of every regulation 

referenced as a violation, inclusive of adoption dates, as I have found them 

difficult to access on the FAA website or several search engines and are not 

listed in the standard FAR. You have been so very kind to provide now 4 copies 

of the penalty proceedings regulations, but completely omitted copies of the 

actual language referenced in the regulations that you claim are in violation. 

Thank you for providing me with some of the investigation report, but a 

complete report is needed at this time. There was one page that was corrupted, 

dedacted and spoliated, please provide the complete unaltered document. The 

other documents given were not helpful and already in my records. You did 

not include the text for the reference for the case of Jordon v Department of 

Justice. You did not provide the specific regulation and text detailing the 

allowance of your disclosure restriction. 

<CAl>i1 J. 
Thank you for your kind considerations 

Yours sincerely. 

Michael Selig, MD, FACC, CFI-H ^ ^ 

kl'^ 

cc. Federal Administration Administration 

600 Independence Avenue, S.W. 

Wilbur Wright Building -Suite 2W1000 

Washington, DC. 20591 

ATTN: Hearing Docket Clerk, AGC-430 
M &R Helicopters, LLC. 

2816 Orefield Road 

Allentown, PA. 18104 

November 24, 2010 

Please file a written 

response to the enclosed 

document within (20) days 

of service. 

DOT Docket No. TBA 

FAA Case No. 2009SO950434 

Laura Ponto, Esq 

Enforcement Division/AGC-300 

Office of the Chief Counsel 

Federal Aviation Administration 

800 Independence Avenue, SW. 

Washington, DC 20591 

Sent by FAX 202-267-5106 

Re: Allentown DOT Hearing/ Outstanding Discovery 

Dear Ms Ponto: 

Pursuant to your correspondence dated November 17, 2010, telephone 

communication on October 1, 2010 and my letter of October 27, 2010, please 

be advised that MR Helicopters is requesting a venue change to Allentown, PA 

DOT court. This topic was discussed during our most recent conversation, 

wherein you stated and confirmed that Allentown DOT court was available. 

Accordingly, I ask that we move the hearing from Philadelphia to Allentown, PA 

since it would be a hardship on my schedule as a solo private practice 

cardiologist. 

In addition there were several items in my October 27, 2010 letter which 

were not addressed including the following: 

1. Full and complete copies of every regulation referenced as a violation, 

inclusive of all adoption dates, as I have found them difficult to access on the 

FAA website or using several search engines. You have been extremely kind 

providing 3 copies of the penalty proceedings regulations, however to date I 

have not received copies of referenced regulations that you claim are in 

violation. 

2. While portions of the investigation report were provided to me, a complete 

report is needed at this time. There was one page that was dedacted and 

spoliated, please provide the complete unaltered document. The other 

documents given were already in my records. Omitted was the reference for 

fMn H 
case Jordon v Department of Justice, as well as the specific regulation 

regarding the allowance of your disclosure restriction. 

Thank you for your kind considerations 

Yours Sincerely, 

Michael Selig, MD, FACC, CFI-H 

cc. 

Federal Aviation Administration 

600 Independence Avenue, SW 

Wilbur Wright Avenue-Suite 2W1000 

Washington, D.C. 20591 

Att: Hearing Docket Clerk, AGC-430 
M 86 R Helicopters 

2816 Orefield Road 

Allentown, PA. 18104 

November 27, 2010 

Laura Ponto, Esq 

Enforcement Division/AGC-300 

Office of the Chief Counsel 

FAA 

800 Independence Avenue, SW 

Washington, DC 20591 

Sent by Fax 202-267-5106 

Re: Transcript Request 

Re: File 2009SO950434 

Dear Ms Ponto: 

Pursuant to our correspondence concerning outstanding and additional 

discovery, please forward in a copy of the transcript taken for the telephone 

hearing that occurred on October 1, 2010 

Thank you for your kind considerations. 

Yours Sincerely, 

Michael Selig, MD, FACC, CFI-H \ \ > 

) 

frUrt 5" 
U.S. DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

Laura Ponto, Lotonya Williams 

Complainants 

M & R Helicopters, LLC. 

Respondent 

FAA Case 2009SO950434 

HEREBY CERTIFY that I have this day served the foregoing entrie(s): 

RESPONDENT'S MOTION TO COMPEL DISCOVERY 

upon all parties of record in this proceeding, in accordance with the requirements of Rule 29 

pursuant to 28 U.S. C. § 1746 . 

Service by first-class mail, postage prepaid, addressed as follows: 

Federal Aviation Administration 

600 Independence Avenue, SW 

Wilbur Wright Avenue-Suite 2W1000 

Washington, D.C. 20591 

Att: Hearing Docket Clerk, AGC-430 

Laura Ponto, Esq 

Enforcement Division/AGC-300 

Office of the Chief Counsel 

FAA 

800 Independence Avenue, SW 

Washington, DC 20591 

t/f^AX 202 267 5106 

By: 

Michael B. Selig, MD, FACC 

2816 Orefield Road 

Allentown, Pa. 18104 

610 360 3953 

Date: \ > -

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