t t 

U.S. DEPARTMENT OF TRANSPORTATION 

Office of Hearings 

Washington, D. C. 

The Liberty Foundation, Inc. 

FAA DOCKET NO. 2012-0477 

(EIR 2011-GL-03-0070) 

(Civil Penalty Action) 

Hon. J. E. Sullivan, Administrative Law Judge 

RECEIVED 

AUG -5 2013 

HEARING DOCKET 

RESPONDENT'S MOTION TO COMPEL RESPONSE TO 

RESPONDENT'S DISCOVERY REQUESTS 

Respondent, The Liberty Foundation ("Liberty"), by and through its undersigned 

attorney, respectfully moves the Court for the entry of an order compelling the 

Complainant to respond to Respondent's discovery requests. In support of this Motion, 

Respondent shows: 

Respondent's undersigned counsel received Complainant's Response To 

Respondent's Supplemental Discovery Requests on July 26, 2013, at 3:00 PM, the day 

before he is scheduled to leave on vacation. Hence, the brevity of this Motion. 

Complainant's counsel was well aware of undersigned counsel's vacation schedule as it 

was discussed on the way to the airport after the deposition of Complainant's expert on 

June 19, 2013. Notwithstanding this knowledge, Complainant's counsel waited until the 

last possible minute to serve the Response. A copy of that Response is attached hereto 

as Exhibit A and made a part hereof. To further exacerbate the situation, Complainant's 

Response was served by mail on July 22, 2013, taking four days for delivery to 

STUART A. GOLDSTEIN, P. A. 

9350 SOUTH DIXIE HIGHWAY, 10TH FLOOR, MIAMI, FL 33156 

T: (305) 670-1222 F: (305) 670-7065 STUARTGOLDSTEINPA®ATINET 
undersigned counsel. Undersigned counsel has always served Complainant's counsel 

by facsimile for immediate delivery and by regular U. S. mail. Complainant waited 24 

days to serve a one paragraph response/objection. 

By agreement of counsel, both parties took depositions of expert 

witnesses after the deadline set forth in the Court's Order of January 23, 2013. 

Complainant took four depositions on April 30 and May 1 , 2013 of Respondent's 

witnesses and expert witnesses. By agreement of counsel, Respondent took the 

deposition of Complainant's expert, Timothy Bourgoine, on June 19, 2013, in 

Albuquerque, NM. These depositions were taken after the deadline in the abovereferenced order by agreement of counsel due to their and witnesses' availability. 

On June 28, 2013, only nine days after Complainant's expert (Timothy 

Bourgoine), was deposed, undersigned counsel served a Request For Production and a 

:Request For Admissions. Copies of both discovery requests are attached hereto as 

Composite Exhibit Band made a part hereof. 

Given that these depositions were beyond the date in the Scheduling 

Order by agreement of counsel, it is inappropriate at a minimum, for Complainant now 

to assert the supplemental discovery requests are untimely. If Complainant's counsel's 

objection is upheld, the supplemental discovery requests would have been untimely 

even if made the next day after Mr. Bourgoine's deposition. Moreover, as can be seen 

from the objected to requests, they are neither onerous nor numerous and can be 

responded to very simply. 

STUART A. GOLDSTEIN, P. A. 

9350 SOUTH DIXIE HIGHWAY, 10TH FLOOR, MIAMI, FL 33156 

T: (305) 670-1222 F: (305) 670-7065 STUARTGOLDSTEINPA®AIINET 
WHEREFORE, Respondent respectfully moves the Court for the entry of an 

order compelling Complainant to promptly and fully respond to Respondent's 

supplemental discovery requests. 

CERTIFICATE OF SERVICE 

I HEREBY CERTIFY that the foregoing has been served upon counsel for the 

Administrator on this 26th day of July, 2013, as set forth below: 

Christopher R. Stevenson, Esq. 

Office of the Regional Counsel 

Federal Aviation Administration 

P. 0. Box 20636 

Atlanta, GA 30320 

By Facsimile (404) 305-5223 

and regular U.S. Mail 

and that the original and one copy was served was served upon the Court by serving: 

·Honorable J. E. Sullivan 

Office of Hearings, M-20 

U.S. Department of Transportation 

1200 New Jersey Avenue, S. E. (E11-310) 

Washington, D. C. 20590 

By Facsimile: (202) 366-7536 

and regular U.S. Mail 

STUART A. GOLDSTEIN, P. A. 

9350 South Dixie Highway, 1Oth Floor 

Miami, FL 33156 

Tel: (305) 670-1222 

Fax: (305) 670-7065 

Email: stuartgoldsteinpa@att.net 

Byim!i11£ J/kJKt;:;_. 

v Stuart A. Goldstein 

STUART A. GOLDSTEIN, P. A. 

9350 SOUTH DIXIE HIGHWAY, 10TH FLOOR, MIAMI, FL 33156 

T: (305) 670-1222 F: (305) 670-7065 STUARTGOLQSTEINPA@ATT NET 
U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

FEDERAL AVIATION ADMINISTRATION 

froJ [E © [E 0 w ~ /i) 

[ill JUL 2 6 1013 ~~ 

FEDERAL AVIATION ADMINISTRATION, 

Complainant, 

VS. 

LIBERTY FOUNDATION, 

Respondent. 

By 

Docket No. FAA-2012-0477 

FAA Case No. 2011GL030070 

Judge Sullivan 

FAA'S ~SPONSE TO RESPONDENT'S SUPPLEMENTAL DISCOVERY REQUEST 

On July 1, 2013, the FAA received a set of supplemental discovery requests from 

Respondent, which were served on June 28, 2013. The Judge's scheduling order in this matter 

lists June 28, 2013, as the deadline for the response of all supplemental discovery to be complete, 

not as the deadline for supplemental discovery requests to be initiated. When supplemental 

discovery is scheduled to be concluded on June 28, 2013, a discovery request that is not even 

received until after that date is untimely, and the Agency objects to the supplemental discovery 

request on that basis. 

Submitted this2-)d~ of July, 2013. 

Attorney 

Office of the Regional Counsel 

A 
.. 

CERTIFICATE OF SERVICE 

I hereby certify that the foregoing FAA's Response to Respondent's Supplemental Discovery 

Request was sent via certified mail to: 

Stuart A. Goldstein, P.A. 

9350 South Dixie Highway, 1 01

h Floor 

Miami, FL 33156 

Facsimile: (305) 670-7065 

Ub1JnCJ ~ Qw 

DONNA STANLEY \ 

Legal Assistant 

Office ofthe Regional Counsel 

JUL 2 2 2013 

Dated 
' t 

U.S. DEPARTMENT OF TRANSPORTATION 

Office of Hearings 

Washington, D. C. 

The Liberty Foundation, Inc. 

FAA DOCKET NO. 2012-0477 

(EIR 2011-GL-03-0070) 

(Civil Penalty Action) 

Hon. J. E. Sullivan, Administrative Law Judge 

RESPONDENT'S REQUEST FOR ADMISSIONS 

Pursuant to the Rules of Practice in FAA Civil Penalty Hearings, 14 CFR 13.220, 

and the Court's "Order Granting Continuance Of May 2013 Hearing To November 2013 

And Setting New Procedural Deadlines," dated January 22, 2013, Respondent The 

Liberty Foundation, Inc. ("TLF"), by and through its undersigned attorney, herewith 

propounds the following Requests for Admissions to be answered under oath no later 

than thirty (30) days from the date hereon. 

Request No. 1: Admit that Deposition Exhibit 13 (copy attached) is a true and 

correct copy of the Type Certificate and/or the Type Certificate Data Sheet for the B-17 

aircraft. 

Request No. 2: Admit that Don Dodge was wrong when he stated no Type 

Certificate was issued for the B-17 aircraft (Dodge Deposition, page 23}. 

Request No. 3: Admit that a Type Certificate or Type Certificate Data Sheet was 

issued for the B-17 aircraft. 

STUART A. GOLDSTEIN, P. A. 

9350 SOUTH DIXIE HIGHWAY, 10TH FLOOR, MIAMI, FL 33156 

T: (305) 670-1222 F: (305) 670-7065 STUARTGOLDSTEINPA@ATTNET 
2 

CERTIFICATE OF SERVICE 

I HEREBY CERTIFY that the foregoing Respondent's Request For Admissions 

has been served upon counsel for the Administrator on this 28th day of June, 2013, as 

set forth below: 

Christopher R. Stevenson, Esq. 

Office of the Regional Counsel 

SouthernRegion, AGL-7 

Federal Aviation Administration 

P. 0. Box 20636 

Atlanta, GA 30320 

By Facsimile (404) 305-5223 

and regular U. S. Mail 

STUART A. GOLDSTEIN, P. A. 

9350 South Dixie Highway, 1Oth Floor 

Miami, FL 33156 

Tel: (305) 670-1222 

Fax: (305) 670-7065 

Email: stuartgoldsteinpa@att.net 

By:iwttJMt-L Stuart A. Goldstein 

STUART A. GOLDSTEIN, P. A 

9350 SOUTH DIXIE HIGHWAY, 10TH FLOOR. MIAMI. FL 33156 

T (305) 670·1222 F: (305) 670·7065 SI.UA!!Iili2l.OSI.Elll~E.A.@Afli'I.EI 
• 

U.S. DEPARTMENT OF TRANSPORTATION 

Office of Hearings 

Washington, D. C. 

The Liberty Foundation, Inc. 

FAA DOCKET NO. 2012-0477 

(EIR 2011-GL-03-0070) 

(Civil Penalty Action) 

Hen. J. E. Sullivan, Administrative Law Judge 

RESPONDENT'S REQUEST FOR PRODUCTION OF DOCUMENTS 

Pursuant to the Rules of Practice in FAA Civil Penalty Hearings, 14 CFR 13.220, 

and the Court's "Order Granting Continuance Of May 2013 Hearing To November 2013 

And Setting New Procedural Deadlines," dated January 22, 2013, Respondent The 

Liberty Foundation, Inc. ("TLF"), by and through its undersigned attorney, herewith 

propounds the following Requests for Production of Documents to be responded to D.Q 

later than thirty (30) days from the date hereon. 

DOCUMENTS TO BE PRODUCED 

The Type Certificate or Type Certificate Data Sheet for the B-17 if the 

Complainant contends deposition Exhibit 13 is not the Type Certificate or Type 

Certificate Data Sheet for the B-17. 

The Type Design for the B-17 aircraft as referenced by Don Dodge in his 

deposition at page 20. 

STUART A. GOLDSTEIN. P. A. 

9350 SOUTH DIXIE HIGHWAY, 10TH FLOOR. MIAMI. FL 33156 

T: (305) 670-1222 F: (305) 670-7065 STUAATGOLPSTEINPA@ATT NET 
2 

Regulatory Guidance, if any, on what is a major alteration and/or a major repair 

of a fuel system. 

CERTIFICATE OF SERVICE 

I HEREBY CERTIFY that the foregoing Respondent's Request For Production 

Of Documents has been served upon counsel for the Administrator on this 28th day of 

June, 2013, as set forth below: 

Christopher R. Stevenson, Esq. 

Office of the Regional Counsel 

Federal Aviation Administration 

P. 0. Box 20636 

Atlanta, GA 30320 

By Facsimile (404) 305-5223 

and regular U. S. Mail 

STUART A. GOLDSTEIN, P. A. 

9350 South Dixie Highway, 1Oth Floor 

Miami, FL 33156 

Tel: (305) 670-1222 

Fax: (305) 670-7065 

Email: stuartgoldsteinpa@att.net 

By:l:wdta. Stuart A. Goldstein ~J~ 

STUART A. GOLDSTEIN, P A 

9350 SOUTH DIXIE HIGHWAY, 10TH FLOOR, MIAMI, FL 33156 

T: (305) 670·1222 F: (305) 670·7065 SLU.MiLG_QLQ.SI.ElNP-M&A-LHJ.El