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### U.S. DEPARTMENT OFTRANSPORTATION Office of Hearings Washington, D. C.

The Liberty Foundation, Inc. 

### FAA DOCKET NO. 2012-0477 (EIR 2011-GL-03-0070)

(Civil PenaltyAction) Hon. J. E. Sullivan, Administrative Law Judge 

# RECEIVED AUG -5 2013 

# HEARING DOCKET

RESPONDENT'S MOTION TO COMPEL RESPONSETO 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. Acopy of that Response is attached hereto
as ExhibitA 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
STUARTA. 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 aone 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.

STUARTA. 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 dayof July, 2013, as setforth below: Christopher R. Stevenson, Esq. Office ofthe Regional Counsel FederalAviation Administration P. 

### 0. Box 20636 Atlanta, GA 30320 By Facsimile (404) 305-5223 and regular U.S. Mail and thatthe original and one copy was served was served upon the Court by serving: ·HonorableJ. E. Sullivan Office of Hearings, M-20 U.S. DepartmentofTransportation 1200 NewJerseyAvenue, S. E. (E11-310) Washington, D. C. 20590 By Facsimile: (202) 366-7536 and regular U.S. Mail

STUARTA. GOLDSTEIN, P. A. 9350 South Dixie Highway, 1Oth Floor Miami, FL 33156 Tel: (305) 670-1222 Fax: (305) 670-7065 Email: stuartgoldsteinpa@att.net 

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### StuartA. Goldstein

STUARTA. GOLDSTEIN, P. A. 9350 SOUTH DIXIE HIGHWAY, 10TH FLOOR, MIAMI, FL 33156 T: (305) 670-1222 F: (305) 670-7065 STUARTGOLQSTEINPA@ATTNETU.S. DEPARTMENT OF TRANSPORTATION OFFICE OFHEARINGS FEDERALAVIATION ADMINISTRATION 

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# ~~ FEDERAL AVIATION ADMINISTRATION, Complainant,
VS. LIBERTY FOUNDATION, Respondent. By DocketNo. FAA-2012-0477 FAA CaseNo. 2011GL030070
Judge Sullivan
FAA'S**~SPONSE** TORESPONDENT'S SUPPLEMENTALDISCOVERYREQUEST OnJuly 1, 2013, theFAAreceived a set ofsupplementaldiscoveryrequestsfrom Respondent, which were served onJune28, 2013. TheJudge's schedulingorderin thismatter listsJune 28, 2013, as thedeadlinefor the responseofall supplemental discoverytobe complete, not as thedeadlinefor supplemental discoveryrequeststobeinitiated. When supplemental discoveryis scheduledto beconcludedonJune28, 2013, adiscoveryrequestthat isnoteven receiveduntil afterthatdateisuntimely, and theAgencyobjects to thesupplemental discovery requestonthatbasis.

Submitted

# this2-)d~ofJuly, 2013.

Attorney OfficeoftheRegional Counsel 

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CERTIFICATE OFSERVICE I hereby certify that the foregoing FAA's Response to Respondent's Supplemental Discovery Request was sentvia certified mail to: StuartA. Goldstein, P.A. 9350 SouthDixie Highway, 1 01hFloor Miami, FL 33156 Facsimile: (305) 670-7065 

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### JUL 2 2 2013 Dated' t



### U.S. DEPARTMENT OF TRANSPORTATION Officeof Hearings Washington, D. C.

The Liberty Foundation, Inc. FAA DOCKET NO. 2012-0477 (EIR 2011-GL-03-0070)

(Civil PenaltyAction) 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 Sheetwas issued for the B-17 aircraft.

STUARTA. GOLDSTEIN, P. A. 9350 SOUTH DIXIE HIGHWAY, 10TH FLOOR, MIAMI, FL 33156 T: (305) 670-1222 F: (305) 670-7065 STUARTGOLDSTEINPA@ATTNET2

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 setforth below: Christopher R. Stevenson, Esq. Office ofthe Regional Counsel SouthernRegion, AGL-7 Federal AviationAdministration P. 0. Box 20636 Atlanta, GA 30320 By Facsimile (404) 305-5223 and regular U. S. Mail
STUARTA. 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 StuartA. Goldstein

STUARTA. 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 OFTRANSPORTATION Office of Hearings Washington, D. C.

The Liberty Foundation, Inc. FAA DOCKET NO. 2012-0477 (EIR 2011-GL-03-0070)

(Civil PenaltyAction) 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 laterthan thirty (30) days from the date hereon. DOCUMENTSTO 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 Sheetfor the B-17. The Type Design for the B-17 aircraft as referenced by Don Dodge in his deposition at page 20.

STUARTA. GOLDSTEIN. P. A. 9350 SOUTH DIXIE HIGHWAY, 10TH FLOOR. MIAMI. FL 33156 T: (305) 670-1222 F: (305) 670-7065 STUAATGOLPSTEINPA@ATT NET2 Regulatory Guidance, if any, on what is a major alteration and/or a major repair of afuel 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 setforth below: Christopher R. Stevenson, Esq. Office of the Regional Counsel FederalAviationAdministration P. 0. Box 20636 Atlanta, GA 30320 By Facsimile (404) 305-5223 and regular U. S. Mail
STUARTA. 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.**~J~** StuartA. Goldstein

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