# RECEIVED
U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS

WASHINGTON, D.C. 

### MAR 31

### 2014 HEARING DOCKET

In the Matter ofLincolnParkAviation, Respondent DocketNo. FAA-2013-0719

CaseNo. 2011EA250037 Administrative Law Judge J.E. Sullivan AGENCY'S FIRST SET OF INTERROGATORIES AND REQUESTFOR PRODUCTION OF DOCUMENTS AND REQUESTFORADMISSIONS

The Complainant, the Agency, by its undersigned counsel, herebyrequests that Lincoln ParkAviation (Respondent) provide responses to the following discoveryrequests withinthirty (30) days ofservice. This request shall be deemed to be continuing to the extent permitted byRule 26(e) ofthe Federal Ru1es ofCivil Procedure so as to require you to file supplementalresponses. This request is intended to cover all documents in the Respondent's possession or subject to Respondent's custody and control and includes documents in the possession ofeach individual who acts as, orhas acted atrelevant times as, an employee, agent orrepresentative ofRespondent. DEFINITIONS A. When knowledge or information in possession of a party is requested, such request includes knowledge ofthe party's agents, representatives and, unless privileged, the party's attomeys.

B. The pronoun "you" and "yours" refers to the party to whom these interrogatories are addressed.C. Unless otherwise indicated, these interrogatories refer to the time, place and circumstances ofthe occurrences mentioned or complained ofin the pleadings.

D. When used with respect to an individual, corporate, business or governmental entity, "identifY" means state the name and present business or residence addresses of the individuals or entities and the employer, governmental orbusiness affiliation andposition of the individual.

E. The terms "document" and "statement" mean without limitation, the following items, whether printed or recorded or reproduced by any other mechanical process or written or produced by hand: agreements, communications, correspondence, telegrams, memoranda, summaries or records of telephone conversations, summaries or records of personal conversations or interviews, diaries, reports, notebooks, note charts, plans, drawings, sketches, maps, summaries or reports ofinvestigations, opinions or reports ofconsultants, photographs, motion picture films, tape recordings, computerized messages or data, brochures, pamphlets, advertisements, circulars, press releases, drafts, letters, any marginal comments appearing on any document, and all other writings, including electronic writings.

F. When used with respect to a document, "identifY" means furnish the document itself, or in lieu thereof, the name and date ofthe document, the name and address ofthe person or persons originating the document, the name and address, ifany, ofthe person or persons to
2whomthe document is addressed, the names and addresses ofall persons to whom copies of the documents were or have been sent, and the organization, firm or agency with which all such persons were connected as ofthe date ofthe document, and ifnot in possession ofthe original or a copy, furnish the name and address ofthe custodian ofthe original or a copy,
or furnish the name and address of a person whom you believe is in possession of the original or a copy ofsuch document.

G. "Oral communication" means any oral exchange with words.

H. When used with respect to an oral communication, "identifY" means state the date and place where such oral communication was made, the names of all individuals who participated in the communication, and their positions, employers, and employers' addresses, the names ofall individuals who were present atthe time the communicationwas made and their business affiliations and positions, the nature and substance of the communication, the nature and substance ofeach document recording or pertaining to such oral communication, and the name and present address ofthe present custodian ofeach such document.

I. For all interrogatories to which the responding individual has an objection, state the factual and legal basis for the claimed privilege, or any other authority which provides the claimed basis for the objection.

3J. All documents requested as to which the responding individual claims privilege or any other objection as a ground for non-production shall be identified chronologically as follows: (a) date, (b) title, (c) type ofdocument (e.g. memorandum, report, chart, etc.), (d) subject matter (without revealing the information as to which privilege or statutory authority is claimed). (e) factual and legal basis for the claimed privilege, or any other authority which provides the claimed ground for non-production. INTERROGATORIESAND REQUEST FORPRODUCTION OF DOCUMENTS 1. IdentifY the names, titles, business or home addresses and telephone numbers ofeach personwhom the Respondent intends to call as a witness at the hearing ofthismatter. 2. Provide the substance ofthe testimony to be offered by each ofsaidwitnesses. 3. With respect to each expertwitness identified in response to request Nos. 1and 2 above: (a) identifY the subjectmatter on whichthe expert is expected to testifY; (b) list the substance of the facts and opinions to which the expert is expectedto testifY; (c) provide a summary ofthe grounds for each opinion;

4(d) ifthe Respondent intends to introduce into evidence or otherwise rely upon a written curriculum vitae or other written document listing the expert's professional qualifications, identity and attach copies ofall such documents. 4. Identity and produce copies ofany and all documents or other tangible exhibits on which the Respondent anticipates relying, or will rely, in support ofthe case it will present at the hearing in this matter, including but not limited to documents or other tangible exhibits it intends to introduce into evidence. Respectfully submitted, AlfredR. Johnson, Jr. Regional Counsel



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# ~~ Zachary M.Bea¥ Attorney Federal AviationAdministration I Aviation Plaza Jamaica, NY 11434 TEL:718 553-3258 FAX: 718 995-5699 Date: March 25, 2014

5CERTIFICATE OF SERVICE
I hereby certify that the foregoing AGENCY'S FIRST SET OF INTERROGATORIES AND REQUEST FORPRODUCTION OF DOCUMENTS have been sent viaFederal Express to the following: FrankR. Galella LincolnParkAviation 425 BeaverbrookRoad Lincoln Park, NY07035 Judge J.E. Sullivan U.S. Administrative Law Judge Office ofHearings, M-20 U.S. Department ofTransportation 1200 New JerseyAvenue, S.E. (El1-310) Washington, DC 20590 FAX: (202)366-7536 I hereby certify thatthe foregoing AGENCY'S FIRST SET OF INTERROGATORIES AND REQUEST FORPRODUCTION OF DOCUMENTS have been sent viafirst class mail to the following:

Federal AviationAdministration (Original and one copyvia first class mail) 800 Independence Avenue, S.W. Washington, D.C. 20591 Attn: Hearing Docket Clerk, AGC-430 WilburWright Building- Room 2014



### MAR 252014 Date:

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# L}vJI~**t7~ks** Paralegal Specialist Federal Aviation Administration Office ofRegional Counsel 1Aviation Plaza Jamaica, NY 11434
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