OG/22/2010 1G;20 FAX 2024935142 FAA DMS 21001/00 6 

SCOIT R. MORRIS 

FAA OFFICE OF RIXWONAI, COUNSHL 

1601 LlND AVE,, SW 

KENTON, WASMINCiTON 98057 

TELEPHONE: 425.227.1417 

FACSIMn.n: 425.227.J007 

•fVED 

JUH 1 - 2010 

•^:/•n:^•G DOCKET 

UNITED STATES OF AMKRICA 

DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

In the Matter of: 

Peter fsimons 

f'AA DOCKE r CPir)rNM0004 

KAA Case No. 2009NM700173" 

i)MS No. FAA-2010-0534 

Judge Goodwin 

COMPT.AfNANT'S INITIAL DISCOVERYREQIJKSI 

To: Respondent 

In accordance with 14 CFR Sections 13.220 and the Federal Rules of Civil Procedure, 

please respond lo the following Interrogatories, Requests for Production of Documents, ;.uid 

Reque.sit for Admi.>;.<>ions, separately and fully under oath by July T1, 2010. 

These discovery requests aie intended to discover information and/or documents not only 

within your personal knowledge or obtainable by you, but also infonnation in the possession of or 

obtainable by your attorneys, investigators, rcprcseniaiives, employees, agents, or anyone acting on 

your behalf or on their behalf. 

These discovery requests Jire continuing in nature and any information which jnay be 

discovered by you subsequent to the sei^ice and filing of your answers must be brought to the 

attention of the agency attorney througli supplemental answers whcjt it becomes available to you, at 

a reasonable time prior to the hearing in this matter. If there are any additions, deletions or changes 

in the answers or infomiation provided at any time prior to hearing the Respondent is specifically 

requested to so immediately infonn the agency attomey. If such information is not fijinishcd, the 

agency attomey ai the time of the hearing will move to exclude from evidence such infonnation 

requested and not furnished. 

l~hc agency attorney further requests that the Respondent produce the documents identified 

and designated herein for inspection and copying at the FAA Office of Regional Counsel, Suite 

570, 1601 I.ind Avenue, SW, Renton, Washington 98057. by July 11, 2010. 

PRIVILEGE 

If, in responding to, or failing to re-spond to these interrogatories, requests for admission and 

requests for production you invoke or rely upon any privilege of any kind, state speciflciilly the 

namre of the privilege; the basis upon which you invoke, rely upon or claim it, including any 
OG/22/2010 1G:20 FAX 2024935142 FAA DMS 2)002/006 

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statutory or decisional reference; and identify all documents or other inlbmiation, including 

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

DATED this lOlh day of June 2010, 

FAA Attomey 

CompUiinani's Iniii^l I>i>iC(>vcry Request 

Fctcr Simons - CP10NM00(M 

Fu^o 2 oJ"6 

SCO'IT R. Mt)RRI.5. TA A ATTORNEY 

IFX: 425.227.1417; FAX:'125,227.1007 
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INTERROGATQRTKS AND REQUESIS FOR PRODUCTION 

InterrogatoiT No. 1: Idcntily by name, address and telephone number all persons whom you know 

to have personal knowledge of the matters alleged in the Complaint 

Interrogatory No. 2: Identify by title, date, author, present custodian, and content, ail docunienls. 

including correspondence, obtained by you or in your possession, relating to the assertions in the 

Complaint, your appeal, your answer, and any affirmative defenses which you anticipate raising in 

this mailer. 

REOURST I'OR PRODUCTION NO. I: Provide a copy of all documents referred to in your 

answer to the preceding interrogatory. 

Interrogatory No. 3: Identify by name, address and telephone number, all persons whom you intend 

to have testify as a factual or expert witness in your defense at the hearing in these matter, and for 

factual witnesses, provide a detailed summary of each persons anticipated testimony. 

Interrogatory No. 4: Identify by title, date, author, present custodian, and content, all documents 

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

or witnesses. 

REQUEST FOR PRODUCTION NO^J: Provide a copy of all documents referred to in your 

ansvvor to the preceding interrogatory. 

Intcrrogatorv No. 5: With respect to each expert witness identified in re.'^ponsc to Interrogatory No. 

3, above, specify their specific area of expertise, and provide a synopsis of their credentials, 

background, training and experience. 

hiterrogatorv No. 6: With respect to each expert you expect to call as a witness, stale the subject 

matter on which the expert is expected to testify, and state the substance of ihe iacts and opinions to 

wliich the expert is expected to testify, and a .summaiy of the grounds for each such opinion. 

InierrORatory No. 7: State by name, address, telephone number, date of conversation, and substance 

of conversation, all persons [other than legal counsel or .spouse] with whom you have discu.ssed the 

matters alleged in the complaint. 

Interrogatory No. 8: Describe with specificity all of the facts which you anticipate presenting in the 

course of the hearing in this matter pertaining to the avoidiuice or mitigation of the sanction sought 

by the FAA in this case. 

Interrogatory No. V: Describe with specificify all of the documents you anticipate presenting in the 

course of the hearing in this matter to substantiate any financial inability to pay the proposed 

stmction sought by ihe FAA in this case. 

REOUEST FOR PRODUCTION NO. 3: Provide a copy of all Exhibits that you will present 

during the hearing in this matter. 

Intcrroji^atorv No. 10: Describe with specificity what facts or evidence you rely upon in support of 

any aflirmalive defenses raised in any Answer to the Complaint. 

Complainant's Initial Discoveiy R.eque.si 

Peter Simons - Cl'10NM0004 

P.igc 3 of 0 

SCOTT K. MOKRIS, I-AA ATTORNK.Y 

Tr.l,:42.'i.227.14 17; TAX--125.227.1007 
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REOUEST FOR PRODUCTION NO. 4: Provide a copy of all documents that support your 

response lo interrogatory 10. 

Interrogatory No. 10: Describe with specificity what type of mining operations you were 

conducting in July 2009. 

REQUEST FOR PRODUC TION NO. 5: Provide a copy of all vouchers and/or receipts concerning 

your use of ATS during the year 2009, 

Complainant's Initial Discovery Rcquu.<^i 

Pelcr $imon.<: CTI0NM0004 

Page 4 of 6 

Scavy R.- Moiutii. 1-AA AITORNFY 

TEL; 425.227.1417: PAX: 425.227,1007 
06/22/2010 16:20 FAX 2024935142 FAA DMS 21005/006 

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REQUEST FOR ADMISSIONS 

Under 14 C.F.R. 13.220(b) and Rule 36 of the Federal Rules of Civil Procedure, you arc requested 

to admit the truth of the following matters. A matter is admitted unless responded to in a 

reasonable lime. The Rules of Practice in FAA Civil Penalty Actions, 14 C.F.R. 13.220(d), defines 

a reasonable time to be 30 days. The agency requests that an answer is served upon the agency 

aiiomey either admitting the matter, specifically denying the matter, stating why the matter cannot 

be admitted or denied, or objecting to the request, with reasons for the objection slated within 30 

days of the date of .service upon you, to wit: July 11, 2010. 

REOUEST FOR ADMISSION NO I: Admit that on or about July 2, 2009, you offered four 

containers of propane to Aviation 'icchnology Services (ATS) for transport by use of a hehcopter. 

REQUEST FOR AD?vflSSION NO 2: Admit that on or about July 2, 2009, A J"S transported four 

containers of propajie to a staging near the top of a mountain in Summit County, Colorado. 

REOUEST FOR ADMISSION NO. 3: Admit that the propane cylinders transported to the staging 

area were to be used at a mining site. 

REOUEST FOR ADMISSION NO. 4: Admit that ihe propane cylinders transported to the staging 

area were in.side of the helicopier during flight. 

REQUEST FOR ADMISSION N0^5: Admit that the propane cylinders transported to the staging 

area on July 2, 2009, were completely covered by black paint. 

REQUEST FOR ADMISSION NO. 6: Admit that the propane cylinders transported to the staging 

area on July 2,2009, had no hazardous material markings. 

REQUEST FOR ADMISSION NO. 7: Admit that the propane cylinders transported to the staging 

area on July 2, 2009, had no hazardous material labels visible. 

REQUEST FOR ADMISSION NO. 8: Admit that the propane cylinders transporied lo liic stagmg 

area on July 2. 2009, did not have affixed to any of them a visible CARGO AIRCRAFT ONLY 

label. 

REOUEST FOR ADMISSION NO. ?: Admit that the propane cylinders transported to ihe staging 

iirea on July 2, 2009, were not accompanied by a Shipper's Certification or Declaration of 

Dangerous Goods. 

REQUEST FOR ADMISSION NO. 10: Admit that there was a passenger aboard the helicopter on 

the July 2, 2009, flight that contained the propane cylinders 

CompliiinMnl',"; Initial Discovery Recjuesi 

PctcT ,Simons - CP10NM0004 

Page? ofO 

SCOTT R. MORRIS. FAA ATTORNtv 

TEL: 425,227.1417; FAX: 425.227.1007 
06/22/2010 16:20 FAX 2024935142 FAA DMS @l006/006 

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C£RTIF.[CATE OF SERVICE 

I hereby certify that the foregoing Complainant's Initial Discovery Request has been served via 

facsimile and certified mail - Return Receipt Requested this date, to the following: 

The Honorable Richard C. Goodwin 

Office of hearings, M-20 

1200 New Jersey Avenue, S.E. 

East Building Ground Floor, Rm El 2-320 

Washington, D.C. 20590 

TEL:.202.366.2139 

FAX: 202.366.7536 

Federal Aviation Administration 

800 Independence Avenue SW 

Washington, D.C 20591 

Attn; Hearing Docket Clerk, AGC-430 

Wilbur Wright Building • - Suite 2WI000 

FAX: 202.493,5020 

I hereby ceitify that the foregoing Complainant's Initial Discovery Request has been served via 

Regular and Ceitified Mail - Return Receipt Requested this date, to the following: 

Peter 2. Simons 

2216 N. Fairagut Avenue 

Colorado Springs, CO 80907 

Dated this 11th day of June, 2010. 

MOIFAIRCHIN 

Office of Regional Counsel (ANM-7) 

Federal Aviation Administration 

1601 Lind Ave. SW 

Renton, WA 98057 

425.227.2160 

Conipiainanr's Initial Di.icovco' Request 

Peter SiJtions - CPI ONMOnO^ 

Page Oof 6 

Srm r R. MCJBRJS,FAA ACTORNI-Y 

TEL; 425.227,1417; FAX; 42.5.227.1007