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^\RTMENT O)F 

.•'S:^GRW!OM 

• n GPERATIONS UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION ". 'I '•: 22 P 2 20 

OFFICE OF HEARINGS 

WASHINGTON. D.C. 

* 

In the Matter of * FAA Docket No.: CP10WP0009 

SAMUEL JOSEPH LATHAM 

Respondent * FAA Region: Western-Pacific 

Judge: Honorable Richard C. Goodwin 

DMS No. FAA-2010>0624 

* 

* 

MOTION TO COMPEL DISCOVERY RESPONSES TO COMPLAINANT'S 

SECOND DISCOVERY REQUEST 

To: The Honorable Richard C. Goodwin and. to Respondent acting in pro per: 

Complainant, by and tlirough counsd, 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 Second Discovery Requtist, TMs 

motion is based on the fact that no responses to Complainant's Second Discoveiy 

Request have been filed by Respondent. 

On January 24, 2011, Complainant served his Second Request for Discovery om 

Respondent seeking information regarding Respondent's ability to pay the proposed civil 

penalty. (A true copy of said discoveiy request is attached hereto as exhibit "A ") (See 

Decl. of Jeff Kamberg). 
02/16/2011 09:26 FAI 3107256816 AWP-7 ©003 

Respondent's responses to Complainant's discovery were due on February 14, 

2011.^ To date. Respondent has failed to provide responses to the propounded ciscovery, 

nor has he requested an extension of time in which to file a response. It is apparent that 

Complainant intends to conduct his defense in this matter by ambush since he lias failed 

to provide any discovery responses to Complainant's First Discovery Request and has 

failed to comply with two separate discovery orders issued by the Administrative Law 

Judge ordering him to provide responses to Complainant's first set of discovery.^ 

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

his ability to adequately prepare for the hearing which is scheduled for March I, 2011. 

Complainant requests the Administrative Law Judge issue an Order compelling 

Respondent to provide separate and complete answers to each of the discovery- requests 

propounded by Complainant. 

Respectfully submitted, 

Naomi Tsuda 

Regional (^ounsel 

)at ^ February 15, 2011 

^ This includes the five days additional time after ser\'ice by mail required by 14 C.F.R. § 13.21 1(e) wiiich 

states in pertinent part that. "Whenever a party has a right or a duty to act or to make anyrespone within a 

prescribed period after service by mail, or on a date certain after service by mail, 5 days shall hv- added lo 

the prescribed period." 

^ On November 10. 2010, the Adminsitrative Law Judge ORDERED Respondent to provide rc-rponjes to 

the Complainant's First Discovery Request no later thfm December 6, 2010, which he failed to comply with. 

On January 21, 2011, the Administrative L^w Judge again ORDERED Respondent to provide his discovery 

responses to the Complainant's First Discovery Request no later than January 28, 2010. Again. Respondent 

failed to comply with the Administrative Law Judge's i>rder. 
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DECLARATION OF JEFF KAMBERG 

I, Jeff Kamberg, declare as follows: 

All matters stated herein are within my own personal knowledge, and if called as a 

witness, I could, and would competently testily thereto, except for those matters stated upon 

information and belief, and as to those matters, I believe them to be true: 

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

Administration, Western-Pacific Region. 

2. On January 24, 2011, I served the original Complainant's Sec^ond Set of 

Discovery to Respondent to: Samuel Joseph Latham, 33690 Almond St., Wildomar, CA 

92595, via certified mail, return receipt requested (Tracking No.: 7003 0500 0003 1132 

8283). (See Exhibit "B" attached hereto.) 

3. On September January 31, 2011,1 received a signed P.S. Form 381) m the mail 

(Tracking No.: 7003 0500 0003 1132 8283), indicating that the correspondence had been 

received on January 27, 2011. (See Exhibit "B" attached hereto.) 

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

foregoing is true and correct. 

Signed this J. 5* day of February, 2011 in Hawthome, California 

^^JS^^MBERS^ ^ / 
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UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

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In the Matter of * FAA Docket No.: CP10WP0009 

SAMUEL JOSEPH LATHAM 

* 

Respondent * FAA Region: Western-Pacific 

* Judge: Honorable RIcharc! C. Goodwin 

DMS No. FAA-2010-0624 

COMPLAINANT'S SECOND SET OF 

DISCOVERY TO RESPONDENT 

To: Respondent acting in pro per: 

Complainant, Jby 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 fully under oath, within fifteen (15) days of 

the date of service. 

These discovery requests are intended to be continuing in nature ajid 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 tiirough 

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

the heating in this matter. If there are any additions, deletions or changes in the ajiswers 

or information provided at any time prior t<) hearing, the Respondent is specifically 

requested to so immediately inform Complainant's attorney. If such information is not 

ExHlC>iT''f\" 
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fiamished, at the time of the hearing, the attorney for Complainant may move :o exclude 

firom evidence such information requested and not furnished. 

If, in responding to, or failing to respond to these requests for disccivery you 

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 lo be embraced by the privilege invoked. 

INTERROGATORIES: 

8. Do you contend tliat you are unable to pay the proposed civil penalty as 

detailed in paragraph I. of the Complaint? 

9. If you contend that you are unable to pay the proposed civil ptinalty as 

detailed in paragraph I. of the Complaint, please state all facts to support your contention. 

REQUEST FOR PRODUCTION OF DOCUMENTS: 

If your response.to Interrogatories 1. above is affirmative, please prcivide all 

documents to support your contention. 

Respectfiilly submitted, 

Naomi Tsuda 

Regional Counsel 

January 24, 2011 
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CERTIFICATE OF SERVICE 

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

have placed in the United States mail, postage prepaid, certified mail, retunn receipt 

requested, the executed original of the COMPLAINANT'S SECOND ;5ET OF 

DISCOVERY TO RESPONDENT, addressed as follows: 

Samuel Joseph Latham 

33690 Almond St. 

Wildomar, CA. 92595 

I^^^«^- JAN2 4 20:i 

JeffKambCTg 

Legal Technician 

Office of the Regional Counsel 

Federal Aviation Administration 

Western-Pacific Region 

Hawthome, California 
• 02/16/2011 09:26 FAI 3107256816 AWP-7 

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02/16/2011 09:26 FAI 3107258816 AWP-7 121009 

CERTIFICATE OF SERVICE 

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

postage prepaid, the executed original of the MOTION TO COMPEL DISCOVERY 

RESPONSES, 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 Oround Floor, Room El2-320 

Washington DC 20590 

Facsimile: (202)366-7536 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Washington DC 20591 

Attention: .Hearing Docket Clerk, AGC-430 

Wilbur Wright Building- Suite 2W1000 

Facsimile: (202) 493-5142 

I further certify 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: 

Samuel Joseph Latham 

33690 Almond St. 

Wildomar, CA 92595 

Dated: FEB 1 6 20 i1 

JeffKambferg 

Legal Technician 

Office of the Regional Counsel 

Federal Aviation Administration 

Western-Pacific Region 

Hawthome, California