U.S. DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION l3ViOO Q 9NiyV3 H 

6002 1 1 33n 

In the matter of: 

MESA AIRLINES, INC. 

:^3A130':^^ FAA Docket No. CP09AI 

Judge Richard C. Goodwir 

Hearing Date: January 29, 2010 

Location: Phoenix, AZ ( ^ J-Cdl"O f 7 ^ 

COMPLAINANT'S MOTION TO COMPEL DISCOVERY AND TO DEEM^ 

COMPLAINANT'S REOUESTS FOR ADMISSIONS ADMITTED 

Pursuant to 14 C.F.R. § 13.220(m) of the Rules of Practice in Federal Aviation 

Administration Civil Penalty Actions the Federal Aviation Administration ("FAA" or ' ' 

"Complainant") hereby files this motion to compel Respondent to produce the items requested in 

the Complainant's First Set of Interrogatories and Requests for Production of Documents. 

Further, pursuant to 14 C.F.R. § 13.220(1)(1) the Complainant files this motion to deem the 

Complainant's First Set of Requests for Admissions admitted. 

Under 14 C.F.R. § 13.220(m) a party may file a motion to compel if a person refijses to 

answer an interrogatory or refuses to produce documents. Under 14 C.F.R. § 13.220(1)(1) a 

party's failure to respond to a request for admission no later than thirty days after service of the 

request, is deemed an admission of the truth of the statements contained in the requests for 

admission. 

The Complainant's discovery request includes twenty interrogatories, twenty-one 

requests for production of documents, and twelve requests for admissions. The Complainant's 

discovery document requested that Respondent respond to the discovery request within thirty 

days of service of the request. The discovery document was sent by Federal Express with a ship 

'- -< 

c 3 
date of November 5, 2009. Federal Express tracking shows that the package was delivered on 

November 6, 2009. The Complainant has not yet received any response to this discovery 

request. A copy of the discovery document and proof of service is attached to this motion. 

See Attachment 1. 

WHEREFORE, the Complainant respectfully requests that the Administrative Law Judge 

enter an order compelling discovery of the items set forth in the Complainant's First Set of 

Interrogatories and Requests for Production of Documents. And, the Complainant respectfully 

requests that the Administrative Law Judge deem the Complainant's First Set of Requests for 

Admissions admitted for the truth of the statements contained in the twelve requests. 

Respectfully submitted, 

Peter J. Lynch 

Assistant Chief Counsel 

Enforcement Division, AGC-300 

(\aAA/\X}. . 8. 

Laura E. Jermings, mtomey 

AGC-300 

Federal Aviation Administration 

Office of the Chief Counsel 

800 Independence Ave., S.W. 

Washington, D.C. 20591 

(202) 267-3452 - telephone 

(202) 267-5106-fax 

5 

Dated: December 22, 2009 
Certificate of Service 

I hereby certify that on this date sent by Federal Express mail, a copy of the 

Complainant's motion to compel discovery and to deem complainant's requests for admissions 

admitted in the case of In the Matter of Mesa Airlines, Inc., FAA Docket No. CP09AL0011 

addressed to: 

Christopher Pappaioanou 

Vice President, Legal Affairs 

410 N. 44th Street, Suite 100 

Phoenix, AZ 85008 

In addition, I hereby certify that on this date I delivered in person the original and one 

copy of the foregoing document, to: 

Federal Aviation Administration 

600 Independence Avenue, SW 

Wilbur Wright Building - Suite 2W1000 

Washington, DC 20591 

Attention: Hearing Docket Clerk, AGC-430 

v-^^e-M^-i^ iCW^u 

Dated: December 22, 2009 
ATTACHMENT 1 
U.S. DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

In the matter of: 

MESA AIRLINES, INC. 

FAA Docket No. CP09AL0011 

Judge Richard C. Goodwin 

Hearing Date: January 29, 2010 

Location: Phoenix, AZ 

COMPLAINANT'S FIRST SET OF REOUESTS FOR ADMISSIONS, 

INTERROGATORIES, AND REOUESTS FOR PRODUCTION OF DOCUMENTS 

Pursuant to 14 C.F.R. § 13.220(a) and (b) of the Rules of Practice in FAA Civil Penalty 

Actions the Federal Aviation Administration ("FAA" or "Complainant") hereby files this first set 

of interrogatories and requests for production of documents in this matter. The Complainant 

hereby requests that the Respondent respond to this discovery request within thirty days of 

service of this request, pursuant to 14 C.F.R. § 13.220(d), and that Respondent's response be sent 

to the undersigned FAA counsel addressed as follows: 

Laura E. Jennings 

Enforcement Division, AGC-300 

Office of the Chief Counsel 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Washington, D.C. 20591 

As used in the discovery requests below, "you" and "your" refer to the Respondent. 

This is a continuing request for Respondent to provide all updated or new records or 

information, as itemized in this document. New evidence should be provided in accordance with 

14 C.F.R. § 13.220(i). 
REQUESTS FOR ADMISSIONS 

1. Jesse O. Cotton was hired by you on August 25, 2007. 

Admit Deny 

2. Jesse 0. Cotton was hired by you to perform flight crewmember duties. 

Admit Deny 

3 Darshana A. Sembukutti was hired by you on July 24, 2007. 

Admit Deny 

4. Darshana A. Sembukutti was hired by you to perform aircraft dispatcher duties. 

Admit Deny 

5. William R. Lyon was hired by you on October 1, 2007. 

Admit Deny 

6. William R. Lyon was hired by you to perform aircraft maintenance and/or 

preventive maintenance duties. 

Admit Deny 

7. Louis G. Upchurch was hired by you on May 14, 2007. 

Admit Deny 

8. Louis G. Upchurch was hired by you to perform aircraft maintenance and/or 

preventive maintenance duties. 

Admit Deny 

9. Jeffrey E. Rahkola was hired by you on May 25, 2007. 

Admit Deny 

10. Jeffrey E. Rahkola was hired by you to perform aircraft dispatcher duties. 

Admit Deny 
11. Charles Marshall was hired by you on May 25, 2007. 

Admit Deny 

12. Charles Marshall was hired by you to perform aircraft dispatcher duties 

Admit Deny 
INTERROGATORIES 

1. For each of the foregoing Requests for Admissions you deny in whole or part, 

describe with particularity the basis for each denial. Identify the Request for Admission by 

number, for each that you deny in whole or part, and state the specific basis for your denial of 

that Request for Admission. 

2. For each of the foregoing Requests for Admissions you deny in whole or part, 

identify all docimients on which you rely in support of your denial(s). Your response to this 

Interrogatory should identify which denial(s) is/are addressed by each document. 

3. State each and every fact on which you rely as a basis for your denial, in whole or 

in part, of Complaint paragraph 5(b) in your Answer to the Complaint. 

4. State each and every fact on which you rely as a basis for your denial, in whole or 

in part, of Complaint paragraph 5(d) in your Answer to the Complaint. 

5. State each and every fact on which you rely as a basis for your denial, in whole or 

in part, of Complaint paragraph 6(b) in your Answer to the Complaint. 

6. State each and every fact on which you rely as a basis for your denial, in whole or 

in part, of Complaint paragraph 6(d) in your Answer to the Complaint. 

7. State each and every fact on which you rely as a basis for your denial, in whole or 

in part, of Complaint paragraph 7(a) in your Answer to the Complaint. 

8. State each and every fact on which you rely as a basis for your denial, in whole or 

in part, of Complaint paragraph 7(d) in your Answer to the Complaint. 

9. State each and every fact on which you rely as a basis for your denial, in whole or 

in part, of Complaint paragraph 8(b) in your Answer to the Complaint. 
10. State each and every fact on which you rely as a basis for your denial, in whole or 

in part, of Complaint paragraph 8(d) in your Answer to the Complaint. 

11. State each and every fact on which you rely as a basis for your denial, in whole or 

in part, of Complaint paragraph 9(b) in your Answer to the Complaint. 

12. State each and every fact on which you rely as a basis for your denial, in whole or 

in part, of Complaint paragraph 9(d) in your Answer to the Complaint. 

13. State each and every fact on which you rely as a basis for your denial, in whole or 

in part, of Complaint paragraph 10(b) in your Answer to the Complaint. 

14. State each and every fact on which you rely as a basis for your denial, in whole or 

in part, of Complaint paragraph 10(d) in your Answer to the Complaint. 

15. State each and every fact on which you rely as a basis for your denial, in whole or 

in part, of Complaint paragraph 11 in your Answer to the Complaint. 

16. State each and every fact on which you rely to support your contention in your 

affirmative defense to the Complaint that "[pjortions of Claimant's alleged violations are 

preempted by the Electronic Signatures in Global and National Commerce Act (E-Sign Act) 

(15 U.S.C. 7001-7031)." 

17. Identify each and every person you intend to call as a witness in this proceeding 

by providing the person's name, occupation, and business address. 

18. For each witness identified in response to Interrogatory No. 17, identify the nature 

of the testimony to provided (i.e., factual witness or expert witness). 

19. For each person identified as an expert in Interrogatory No. 17, summarize the 

substance of the facts and opinions to which the witness is expected to testify; provide a narrative 

summary of the grounds for each opinion to which the witness is expected to testify; and detail 
the expertise possessed by each expert witness in the subject matter area on which the witness is 

expected to opine. 

20. List all exhibits you intend to use at the hearing in this case. 
REOUESTS FOR PRODUCTION OF DOCUMENTS 

1. Provide copies of any document to which you referred to or relied upon in 

answering the preceding Requests for Admissions. For each document produced, identify the 

Request for Admission that it pertains to for which you referenced the document. 

2. For each of the foregoing Requests for Admissions you deny in whole or part, 

provide any and all documents on which you rely in support of your denial(s). Your response to 

this request should identify which denial(s) is/are addressed by each document provided in 

response to this request. 

3. Provide copies of any statements made by any recorded means, including 

electronic, by any witness identified in the preceding Interrogatories that concern, refer to, or 

involve the circumstances set forth in the Complaint and/or in your Answer and Affirmative 

Defense to the Complaint. 

4. Provide copies of all documents, including electronic documents, that support 

each and every basis for your denial of Complaint paragraph 5(b) described in your response to 

Interrogatory 3 above. 

5. Provide copies of all documents, including electronic documents, that support 

each and every basis for your denial of Complaint paragraph 5(d) described in your response to 

Interrogatory 4 above. 

6. Provide copies of all documents, including electronic documents, that support 

each and every basis for your denial of Complaint paragraph 6(b) described in your response to 

Interrogatory 5 above. 
8 

7. Provide copies of all documents, including electronic documents, that support 

each and every basis for your denial of Complaint paragraph 6(d) described in your response to 

Interrogatory 6 above. 

8. Provide copies of all documents, including electronic documents, that support 

each and every basis for your denial of Complaint paragraph 7(a) described in your response to 

Interrogatory 7 above. 

9. Provide copies of all documents, including electronic documents, that support 

each and every basis for your denial of Complaint paragraph 7(d) described in your response to 

Interrogatory 8 above. 

10. Provide copies of all documents, including electronic documents, that support 

each and every basis for your denial of Complaint paragraph 8(b) described in your response to 

Interrogatory 9 above. 

11. Provide copies of all documents, including electronic documents, that support 

each and every basis for your denial of Complaint paragraph 8(d) described in your response to 

Interrogatory 10 above. 

12. Provide copies of all docimients, including electronic docimients, that support 

each and every basis for your denial of Complaint paragraph 9(b) described in your response to 

Interrogatory 11 above. 

13. Provide copies of all documents, including electronic documents, that support 

each and every basis for your denial of Complaint paragraph 9(d) described in your response to 

Interrogatory 12 above. 
9 

14. Provide copies of all documents, including electronic documents, that support 

each and every basis for your denial of Complaint paragraph 10(b) described in your response to 

Interrogatory 13 above. 

15. Provide copies of all documents, including electronic documents, that support 

each and every basis for your denial of Complaint paragraph 10(d) described in your response to 

Interrogatory 14 above. 

16. Provide copies of all documents, including electronic documents, that support 

each and every basis for your denial of Complaint paragraph 11 described in your response to 

Interrogatory 15 above. 

17. Provide copies of all documents, including any electronic documents, that support 

your response to Interrogatory 16 above. 

18. Provide copies of Jesse Cotton, Darshana Sembukutti, William Lyon, Jeffrey 

Rahkola, and Charles Marshall's detailed employee information maintained in Mesa Air Group's 

personal data website. 

19. Provide copies of all exhibits you intend to introduce as evidence in this case. 

20. Provide a current copy of the curriculum vitae for each expert identified in 

response to the preceding interrogatories. 

21. Provide copies of any other documents, including any electronic documents, to 

which you referred or on which you relied in responding to this first set of discovery. 
10 

Respectfully submitted, 

Peter J. Lynch 

Assistant Chief Coimsel 

Enforcement Division, AGC-300 

Laura E. Jennings, Attorney 0 

AGC-300 

Federal Aviation Administration 

Office of the Chief Counsel 

800 Independence Ave., S.W. 

Washington, D.C. 20591 

(202) 267-3452 - telephone 

(202) 267-5106-fax 

Dated: November 5, 2009 
11 

Certificate of Service 

I hereby certify that on this date sent by Federal Express mail, a copy of the 

Complainant's First Set of Requests for Admissions, Interrogatories, and Requests for 

Production of Documents in the case of In the Matter of Mesa Airlines, Inc., FAA Docket No. 

CP09AL0011 addressed to: 

Christopher Pappaioanou 

Vice President, Legal Affairs 

410 N. 44th Street, Suite 100 

Phoenix, AZ 85008 

In addition, I hereby certify that on this date I delivered in person the original and one 

copy of the foregoing document, to: 

Federal Aviation Administration 

600 Independence Avenue, SW 

Wilbur Wright Building - Suite 2W1000 

Washington, DC 20591 

Attention: Hearing Docket Clerk, AGC-430 

VJUSMM' ^ VO(KJ L l ^ 

Dated: November 5, 2009 
Page 1 of 1 

From: Origin ID: WASA (202)267-3137 

LAURA JENNINGS 

The Office of Cfilef Counsel 

800 Independence Avenue, SW 

Enforcement Division (AGC-300) 

Washington, DC 20591 

FecO^. 

jn3H9l7312023 

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