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UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION , - - - - - - > , _ _. 

OFFICE OF HEARINGS ^ -- v .^-^^^ 

WASHINGTON, D,C. -' " * ^ 2010 

*************** * i * i «r>1nr«»*****»***^H-**-)r«******* -

In the Matter of JNL MARBLE & * FAA Docket No.: CP10WP0007 

GRANITE, INC. 

* 

Respondent. * FAA Region: Western-Pacific 

Judge: Honorable Richard C. Goodwin 

DMS No. FAA-2010^541 

* 

+ 

MOTION TO COMPEL DISCOVERY RESPONSES AND MOTION TO 

DEEM AS AN ADMISSION OF TRUTH EACH STATEMENT IN 

COMPLAINANT'S REQUESTS FOR ADMISSION 

To; The Honorable Richard C. Goodwin and to Respondent herein: 

Complainant, by and through counsel, pursuant to §§13.218 and 13.220 of the 

Rules of Practice in FAA Civil Penalty Actions, [14 C.F.R. § 13.218 and §13.220] files 

this Motion to Compel Answers to Complainant's First Discovery Request and Motion to 

Deem as an Admission of Trutli Each Statement in Complainant's Requests for 

Admission. This motion is based on the fact that no responses to Complainant's First 

Discovery Request have been filed by Respondent. 

On July 8, 2010, Complainant served its First Request for Discovery seeking 

information regarding the identity of witnesses, testimony, documents and other evidence 
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to be presented by Respondent at the hearing in the within case. (A true copy of said 

discovery request is attached hereto as exhibit "A.") (See Decl. of Jeff Kamberg). 

Complainant's first discovery request also contained the following request for 

admissions: 

1. Admit that on or about June 11, 2008, you were a ticketed passenger on 

Northwest Airlines Flight 22 from Honolulu, Hawaii to San Francisco, 

California, 

2. Admit that on or about June 11, 2008, you knowingly offered checked 

baggage on the flight mentioned in Interrogatory 1. 

3. Admit that on or about June 11, 2008, your checked baggage for the flight 

mentioned in Interrogatory 1 contained one quart acetone. 

4. Admit that on or about June 11, 2008, your checked baggage for the flight 

mentioned in Xnterrogaioiy 1 contained rwo 30 gram tubes of hardener 

paste. 

Respondent's responses to Complainant's discovery were due on August 9, 2010. 

To date. Respondent has failed to provide responses to the propounded discovery, nor has 

he requested an extension of time in which to file a response. 

Without responses to the propounded discovery, Complainant will be hampered in 

its ability to prepare for a hearing, which according to the Procedural Order served on 

June 28, 2010, will be set anytime afler September 1, 2010. Complainant requests the 

Administrative Law Judge issue an Order compelling Respondent to provide separate and 

complete answers lo each of the discovery requests propounded by Complainant. 

Complainant fiirther requests that the Administrative Law Judge deem as an 

admission of the truth each statement contained in the request for admissions, on basis 

that Respondent failed to respond to Complainant's requests for admission witliin 30 

days. [ 14 C.F.R. § 13.221 (I)(l) which states "A parly's failure to respond lo a request for 

admission, in writing and signed by the attorney or the party, not later than 30 days after 
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service of the request, is deemed an admission of the truth of the statement or statements 

contained in the request for admission."] 

Respectfijlly submitted. 

Naomi Tsuda 

Regional Qoimscl 

: August 13,2010 
cftft + DMS 01004/010 

08/19/2010 15:35 FAX 2024935142 FAA UHi 

DECLARATION OF JEFF KAMBERG 

I, Jeff Kamberg, declare as follows; 

All matters slated herein are within my own personal knowledge, and if called as a vviijiess, I 

could, and would competently testify thereto, except for those matters stated upon information and belief, 

and as to those matters, I believe ihem to be true: 

1. I am a legal technician in the Office of the Regional Counsel, Federal Aviation 

Admini.?tration, Westem-Pacific Region. 

2. On July 8, 2010, I served the original Complainant's First Set of Discovery to 

Respondent to; JNL Marble & Granite, ATTN: Joel Huerta. 6429 Southfront Road, Unit D, 

Livermore, CA 94551 via Uniied States Mail, postage prepaid. 

3. To date, I have not received the Complainant's First Set of Discovery to Respondent 

back as returned mail. 

I declare under penalty of perjury under the laws of the United States of America that the 

foregoing is true and correct. 

Signed this 13"" day of August, 2010 
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UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

**M*««i'm«»*«itm*»«A*****«**tit f **»***» « * 

In the Matter of JNL MARBLE & * FAA Docket No.: CP10WP0007 

GRANITE, INC. 

* 

Respondent. * FAA Region: Western-Pacific 

Judge: Honorable Richard C. Goodwin 

DMS No. FAA-2010-0541 

* 

* 

COMPLAINANT'S FIRST SET OF 

DISCOVERY TO RESPONDENT 

To: Respondent acting in/»ro/?er: 

Complainant, by and through counsel, pursuant to Section 13,220 of the Rules of 

Practice in FAA Civil Penalty Actions, requests the Respondent please respond to the 

following Discovery Requests separately and fiilly under oath, within thirty (30) days of 

the date of service. 

These discovery requests arc intended to be continuing in nature and any 

information which may be discovered by you subsequent to the service and filing of your 

answers must be brought to the attention of the Complainant's attorney through 

supplemental answers when it becomes available to you, and in a reasonable time prior to 

the hearing in this matter. If there are any additions, deletions or changes in the answers 

or information provided at any time prior to hearing, the Respondent is specifically 

requested to so immediately inform Complainant's attorney. If such information is not 
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furnished, at the time of the hearing, the attorney for Complainant may move to exclude 

from evidence such information requested and not fiimished. 

If, in responding to, or failing to respond to these requests for discovery yoxi 

invoke or rely upon any privilege of any kind, state specifically the nature of the privilege, 

the basis upon which you invoke, rely upon or claim it, including any statutory or 

decisional reference, and identify all documents or other information, including contacts 

and communications which you believe to be embraced by the privilege invoked. 

INTERROGATORIES; 

1. Identify by name, address and telephone number all persons who have 

personal knowledge of the incidents alleged in the complaint and your affirmative 

defenses alleged in your answer. 

2. Identify by title, date, author, present custodian, and content, all 

documents obtained by you or in your possession relating to the assertions in the 

complaint and your answer, including all affinnative defenses. 

3. Identify by name, address and telephone number, all persons whom you 

intend to have testify as a factual witness in your defense at the hearing in this matter, and 

provide a detailed summary of each person's anticipated testimony. 

4. Identify by name, address and telephone number, all persons whom you 

intend to have testify as an expert witness in your defense at the hearing in this matter, 

and provide a detailed sununary of each expert's anticipated testimony. 

5. Identify by title, date, author, present custodian, and content, which 

documents you anticipate offering into evidence at the hearing in this matter, and through 

which witness or witnesses. 

6. With respect to each expert witness identified in response to Interrogatory 

No. 4, above, specify their area of expertise, if any, and provide a synopsis of their 

credentials, background, training and experience. 
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7. If your responses to any of the below Requests for Admissions are anything 

other than an unqualified "admit," provide all facts to support your denials. 

REQUESTS FOR PRODUCTION OF DOCUMENTS: 

1. Provide a copy of all written statements/affidavits/declarations of 

individuals identified in response to interrogatory number 1, on the previous page. 

2. Provide a copy of all documents identified in interrogatory number 2, on 

the previous page. 

3. Provide a copy of all documents in support of any and all of your 

affinnative defenses pled in your answer. 

4. Provide a copy of the current curriculum vitae for each and every expert 

you intend to have testify in your defense at the hearing in this matter, 

5. Provide a copy of any and all recorded statements of any witnesses having 

personal knowledge of the incidents alleged in the complaint and your affirmative 

defenses alleged in your answer including but not limited to tape recordings and 

transcriptions of the tape recordings6. Provide any and aU documents your experts will be relying upon to testify 

in your defense at the hearing on this matter. 

7. If any of your responses to the below listed Requests for Admissions are 

anything other than an unequivocal "admit," please provide a copy of all documents to 

support your responses. 

8. Provide a copy of any and all reports, notes, charts, diagrams, flight plots or 

other written documentation prepared by your expert(s) which will be testifying in your 

defense at the hearing on this matter. 
c i i ^ DMS 21008/010 

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REQUEST FOR ADMISSIONS: 

1. Admit that on or about June 11, 2008, you were a ticketed passenger on 

Northwest Airlines Flight 22 from Honolulu, Hawaii to San Francisco, 

California. 

2. Admit that on or about June 11, 2008, you knowingly offered checked 

baggage on the flight mentioned in Interrogatory 1. 

3. Admit that on or about June 11, 2008, your checked baggage for the flight 

mentioned in Interrogatory I contained one quart acetone. 

4. Admit that on or about June 11, 2008, your checked baggage for the flight 

mentioned in hiterrogatory 1 contained two 30 gram tubes of hardener 

paste. 

Respectfully submitted, 

Naomi Tsuda 

Regional Counsel 

By: 

Dated:l Ju)^8.2010 
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CERTIFICATE OF SERVICE 

I hereby certify that on this date I have placed in the United States mail, postage 

prepaid, the executed original of the COMPLAINANT'S FIRST DISCOl/ERY 

REQUEST TO RESPONDENT, addressed as follows: 

JNL Marble & Granite 

Atm: Joel Huerta 

6429 Southfront Road, Unit D 

Livermore, CA 94551 

Dated : J<^L « « 20^^ 

Jeff Kamberg^ 

Legal Technician 

Office of the Regional Counselt 

Federal Aviation Administration 

Western-Pacific Region 

Hawthorne, Cahfomia 
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CERTIFICATE OF SERVICE 

I hereby certify thai on this date 1 have faxed and placed in the United States mail, 

po.stage prepaid, the executed original of the MOTION TO COMPEL DISCOVERY 

RESPONSES AND MOTION TO DEEM AS AN ADMISSION OF TRUTH EACH 

STATEMENT IN COMPLAINANT'S REQUESTS FOR ADMISSION, addressed as 

follows: 

The Honorable Richard C. Goodwin 

Administrative Law Judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

1200 New Jersey Avenue, S.E. 

East Building Ground Floor, Room E12-320 

Washington DC 20590 

Facsimile: (202)366-7536 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Washington DC 2059 J 

Attention: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building- Suite 2W1000 

Facsimile: (202) 493-5142 

I further certified that on this date I have placed in the United States mail, postage 

prepaid, certified mail, return receipt requested, a copy of the above addressed to: 

JNL Marble and Granite, Inc., 

ATTN: Joel Huerta 

6429 Southfront Road, Unit D 

Livermore CA 94551 

D,,,^ ^ AUG 1 3 2010 

JeffKambCTg 

Legal Technician 

Office of the Regional Counsel 

Federal Aviation Administration 

Westem-Pacific Region 

Hawthorne, California