Jeffrey M. Harper**~,,,.**

# IFD I 'f

# t:. FAA Office of Regional Counsel 1601 Lind Avenue Southwest Renton, Washington 98057 T (425) 227-2161 

## AUG 

## ! 

## 7 2015 

## HEAFliNG DOCKET F (425) 227-1007



### In the Matter of: 

### UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION OFFICE OF HEARING'"Sc---------

WASHINGTON, D.C.

FAA Case No. 2015WP910067 DMS No. FAA-2015-2436 Solid Edge Aviation, L.L.C. Honorable Richard C. Goodwin



### Complainant's Initial Discovery Request
To Respondent: 

### Inaccordance with 14 C.P.R. 

### § 13.220 andthe Federal Rules ofCivil Procedure, please respondto the following Interrogatories, Requests for Production ofDocuments, and Request for Admissions, separately and fully under oath by September 9, 2015. These discovery requests are intended to discover information and/or documents not only 

### within yourpersonal knowledge or obtainable byyou, but also information in the possession ofor obtainable byyour attorneys, investigators, representatives, employees, agents, or anyone acting on yourbehalfor ontheir behalf. These discovery requests are continuing 

### innature ,and any information which may be discoveredby you subsequentto the service and filing ofyour answers must be broughtto the attention ofthe agency attorney through supplemental answers when 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 orinformationprovided at any time prior to the hearing Respondent is specifically requested to so inunediately inform the agency attorney. 

### Ifsuch information is not furnished, the agency attorney at the time ofthe hearing will move to exclude from evidence such information requested and not furnished. The agency attorney further requests that the Respondent produce the documents identified and designated herein for inspection and copying atthe FederalAviationAdministration

### (FAA) Office ofRegional Counsel, Suite 570, 1601 LindAvenue, Southwest, Renton, Washington 98057, by September 9, 2015. Privilege If, 

### inresponding to, orfailing to respond to these Interrogatories, Requests for Admission and Requests for Production you invoke or rely upon any privilege ofany kind, state specifically the nature ofthe privilege; the basis upon which you invoke, rely upon, or claim

u- .u uu____ 

### ----------It,-mcllllimg anystaffitory or aeci:swnalreiereJl:ce}fapp!Ical5Je; and Identify all document'"s"or.---- other information, including contacts and communications, which you believe to be embraced by the privilege invoked.
Definitions 

### "Documettf' means and refers to any e-mail, text message, instant message, calendar, letter, book, pamphlet, periodical, report, memorandum, notation, message, social media post, blog post, study, working paper, schedule, chart, graph, photograph, index, minutes, lease, invoice, purchase order, record ofpurchase or sale, correspondence, proposal, written contract, addendum, transmittal, calculation sheet, accounting records, tax

### returns worksheet, drawing, sketch, blueprint, diary, transcription or taping oftelephone or personal conversations or conference, or all other written, printed, typed, taped, fihned, or graphic matter howeverproduced or reproduced, whether in physical or electronic form. "You," "your," "Solid EdgeAviation, L.L.C." or "Solid Edge" refers to the respondent in this

matter, Solid EdgeAviation, L.L.C., its past and present officers, employees, and agents, or anyofthem. Respectfully submitted this lOth day ofAugust, 2015. Digitally signed by JEFFREY M**~~** 

# _,_ ,:1:/ HARPER 

# {**4~:. /;&~--J~~---~~**  DN: c=US, o=U.S. Government, 'l_- 

### M H -----ott=ANM;-ou=ANM, cn=JEFFREY 

### ;:· · arper MHARPER 

### FAA Attorney Date•2D15.DB.lD 1H7•54-D7'DD'

Complainant's Initial Discovery Request In the Matter of Solid Edge Aviation, L.L.C. FAA Case No. 2015WP910067, DMS No. FAA-2015-2436 Page 2 of 7 Jeffrey M. Harper, FAA Attorney T (425) 227-2161 F (425) 227-1007Interrogatories InterrogatoryNo. 1: IdentifY by name, address, and telephone number all persons whomyou knowto have personal knowledge ofthe matters alleged 

### inthe Complaint Interrogatory No. 2: Identify by title, date, author, present custodian, and content, all documents, including correspondence, obtained byyou or inyourpossession, relating to the assertions in the Complaint, your appeal, your answer, and any affirmative defenses which



## -------------- --- -----------you antiCipate**rrusffig~ee** 

### Requesrfor ProCluction No.1. Interrogatory No. 3: Identify by name, address, andtelephone number, all persons whom you intend to have testify as a factual or expert witness in your defense at the hearing 

### inthis matter, and for factual witnesses, provide a detailed summary ofeach person's anticipated testimony. Interrogatory No.4: Identify bytitle, date, author, present custodian, and content, all documents which you anticipate offering into evidence or using atthe hearing in this matter, and through which witness or witnesses the document will be offered. See Request for ProductionNo.2. Interrogatory No. 5: With respect to each expert witness identified in response to InterrogatoryNo. 3, specifY their specific area ofexpertise andprovide a synopsis oftheir credentials, background, training, and experience. Interrogatory No. 6: Withrespect to each expertyou expect to call as a witness, state the subjectmatter onwhich the expert is expected to testifY, the substance ofthe facts and opinions to which the expert is expected to testify, andprovide a summary ofthe grounds for each such opinion. Interrogatory No. 7: Describe with specificity all facts and evidence you intend to rely upon in support ofany affirmative defenses raised in any Answer to the Complaint See Request for Production No. 3. Interrogatory No.8: Describe with specificity all ofthe facts which you anticipate presenting in the course ofthe hearing in this matter pertaining to the avoidance or mitigation ofthe sanction soughtbythe FAA in this case. See Request for Production No.4. InterrogatoryNo. 9: For each allegation inthe Complaintthat is denied-whether outright or as a result ofhaving insufficient information or knowledge from whichto form a beliefas to the truth ofthe allegation, in whole, or inpart-state with specificity the facts that are the

Complainant's Initial Discovery Request In the Matter of Solid Edge Aviation, LL.C. FM Case No. 2015WP910067, DMS No. FAA-2015·2436 Page 3 of7 Jeffrey M. Harper, FAA Attorney T (425) 227·2161 F (425) 227·1007basis for that denial as well as the inquiries taken to determine thatthe allegation in the Complaint is not correct. See Request for ProductionNo. 5. Interrogatory No. 10: For any Requests for Admissions that are denied-whether outright or as a result ofhaving insufficient information or knowledge from which to form a beliefas to the truth ofthe allegation, inwhole, or 

### in part--state with specificity the facts and evidence which are the basis for that denial as well as the inquiries taken to determine thatthe facts in the request for admission are not correct. See Request for Production No. 6.

--- Interrogatory No. 11: Provide a list ofall dates onwhich 

### Mr. Brunner performed safetysensitive functions for Solid Edge. See Request for ProductionNo. 8. Requests for Production Reguest for Production No. 1: Provide a copy ofall documents referred to in your answer to Interrogatory No.2 Reguest for Production No.2: Provide a copy ofall documents referred to 

### in your answer to Interrogatory No.4. Reguest for Production No. 3: Provide a copy ofall documents that support your answer to Interrogatory No. 7. Reguest for Production No.4: Provide a copy ofall documents that supportyour answer to InterrogatoryNo. 8. Reguest for ProductionNo. 5: Provide a copy ofall documents that supportyour answer to Interrogatory No. 9. Reguest for Production No. 6: Provide a copy ofall documents that supportyour answer to Interrogatory No. 10. Reguest for Production No. 7: Provide a copy ofall exhibits that SolidEdge Aviation, L.L.C. intends to offer as evidence or will use during any hearing in this matter. Request for ProductionNo. 8: Provide a copy ofall documents that supportyour answer to Interrogatory No. 11. Reguest for Production No. 9: Provide a copyofall documents evidencing the efforts taken by Solid EdgeAviation, L.L.C. to obtain the information listed in49 C.P.R. Section 40.25(b) from Era Helicopters for 

### Mr. Robert Grenga

Complainant's Initial Discovery Request In the Matter of Solid Edge Aviation, L.LC. FAA Case No. 2015WP910067, DMS No. FAA-2015·2436 Page 4 of 7 Jeffrey M. Harper, FAA Attorney T (425) 227-2161 F (425) 227-1007Request for ProductionNo. 10: Provide a copy ofall documents evidencingthe efforts taken by SolidEdgeAviation, L.L.C. to obtain the infonnation listed in 49 C.P.R. Section 40.25(b) from Tri State Care Flight for 

### Mr. Henry Kowalski. Request for Production No. 11: Provide a certified copy ofthe death certificate for 

### Mr. 

### Larry Brunner. Request for Production No. 12: Provide a copy ofSolidEdgeAviation, L.L.C.'s current -balance-slreer(smtementofimancial posifionf. Request for Production No. 13: Provide a copy ofSolidEdgeAviation, L.L.C.'s income statement (statement ofoperations 

### I operating statement). Request for Production No. 14: Provide copies ofSolidEdge's Federal income tax retums for 20

## n to present, including all schedules and attachments. Request for Production No. 15: Provide a copy ofall statements for all loans and credit cards for which Solid EdgeAviation, L.L.C. is the debtor or to which ithas access to credit, for the period 2011 to present. Request for Production No. 16: Provide a copy ofall statements for all checking and savings accounts held in Solid EdgeAviation, L.L.C.'s name orto which it has access for the period 2011 to present Request for Production No. 17: Provide a copy ofall statements for any other accountheld in SolidEdgeAviation, L.L.C.'s name or to which it has access (including, butnot limitedto, brokerage andmoney market accounts), for the period 2011 to present. Reauests for Admission Under 14 C.F.R. 

### § 13.220(b) andRule 36 ofthe Federal Rules ofCivil Procedure, you are requested to admit the truth ofthe following matters. A matter is admitted unless responded to in a reasonable time. The Rules ofPractice in FAACivil PenaltyActions, 14 C.FR. 

### § 13.220(d), defines a reasonable time to be 30 days. The agency requests that an answer be served upon the agency attorney either admitting the matter, specifically denying the matter, stating why the matter cannotbe admitted or denied, or objectingto the request, with reasons for the objection stated within 30 days ofthe date ofservice upon you, that is, September 9, 2015. Request forAdmissionNo. 1: AdmitEric Brunner has beenthe manager ofSolid Edge Aviation, L.L.C. since July 14, 2010, as reflected in the corporate records for Solid Edge Aviation, L.L.CC., maintained by the Arizona Corporation Commission. Complainant's Initial Discovery Request In the Matter of Solid Edge Aviation, LL.C. FAA Gase No. 2015WP910067, DMS No. FM-2015·2436 Page 5 of 7 Jeffrey M. Harper, FMAttorney T (425) 227·2161 F (425) 227-1007

### Request for AdmissionNo. 2: Admit that, at all times relevant herein, Eric Brunner has been the manager ofSolid Edge, as reflected in

### the corporate records for Solid Edge Aviation, L.L.C., maintained by the Arizona Corporation Commission.

Complainant's Initial Discovery Request In the Matter of Solid Edge Aviation, L.L.C. FAA Case No. 2015WP910067, OMS No. FAA-2015-2436 Page 6 of 7 Jeffrey M. Harper, FAA Attorney T (425) 227-2161 F (425) 227-1007

### CERTIFICATE 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 ofHearings, M-20 1200 New Jersey Avenue, S.E. (Ell-310)

.... -Washington,DC-20!590- Fax: (202) 366-7536 Attn: Hearing Docket Clerk, AGC-430 Wilbur Wright Building- Suite 2Wl000 Federal Aviation Administration 800 Independence Avenue SW Washington, DC 20591 Fax: (202) 267-1293 Mr. Daryl M. Williams, Esq. Bair, Williamsthand Greer, LLP 6225 North 24 Street, Suite 125 Phoenix, AZ 

### 85016 T (602) 445-7714 F (602) 271-9308 darylwilliams@bwglaw.net Dated this lOth day ofAugust, 2015. 

## dana.l.stephenson@faa.g 

## ov

Dana L. 

### Stephenson Digitally signed by dana.l.stephenson@faa.gov ON: cn=dana.l.stephenson@faa.gov Date: 2015.08.10 11:03:45 -07'00' 

### Office ofRegional Counsel (ANM-7) Federal Aviation Administration 1601 Lind Ave. SW Renton, WA 98057 (425) 227-2164

Complainant's Initial Discovery Request In the Matter of Solid Edge Aviation, LL.C. FAA Case No. 2015WP910067. DMS No. FAA-2015-2436 Page 7 of 7 Jeffrey M. Harper, FMAttorney T (425) 227-2161 F (425) 227-1007