10/18/2010 10:53 FAX 2024935142 FAA * DMS @1001/013 

10/18/2010 08:37 FAl 3107256816 AWP-7 121002 

•RARTMENT OF 

. ^H; 

UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

ASPORTATION 

"A OFcRATiONS 

i" ^G A U-- 5 1 

• k 

In the Matter of * FAA Docket No.: CP10WP0009 

SAMUEL JOSEPH LATHAM 

* 

Respondent * FAA Region: We5tern-Pa«;?ific 

* Judge: Honorable Richard C. Goodwin 

* DMS No. FAA-2010-0624 

**»li*tnnpk±***it*tHhliA*ilHiA**w»**»*iik'kik*i****» * 

MOTION TO COMPEL DISCOVERY RESPONSES AND MOTIOtV TO 

DEEM AS AN ADMISSION OF TRUTH EACH STATEMENT fN 

COMPLAINANT'S REQUESTS FOR ADMISSION 

To; The Honorable Richard. C. Goodwin and to Respondent hereiTi: 

Complainant, by and through counsel, pursuani to §§13.218 and 13.21! D of the 

Rules of Practice in FAA Civil Penalty Actions, [14 C.F.R. § 13.218 and §13.: 20] files 

this Motion to Compel Ajaswcrs to Complainant's First Discovery Request and I'ioiion to 

Deem as an Admission of Truth Each Statement in. Complainant's Requests for 

Admission. This motion is based on the fact that no responses to Complainait's First 

Discovery Request have been filed by Respondent. 

On September 10, 2010, Complainiint served its First Request for tiscovcry 

seeking information regarding the identity oJ: wimesses, testimony, documents ! id other 
10/18/2010 10:53 FAX 2024935142 FAA * DMS 2)002/013 

10/18/2010 08:37 FAI 3107256816 AWP-? 121003 

evidence to be presented by Respondent at the hearing in the within case. (A (rue copy 

of said discovery request is attached hereto as exhibit "A.") (See Decl. of Jeff Krmberg). 

Complainant's first discovery request also contained the following Kquest for 

admissions: 

1. Admit that on December 5, 2009, you were a passenger on boarc Horizon 

Airlines flight 2421, operating fi-om Medford Oregon to Los Ajigeles. 

California. 

2. Admit that you ran out of the lavatory naked. 

3- Admit that you pushed a crew member after you ran out of the la\ atory. 

4. Admit that you pushed a crewmcmber at least twice. 

5. Admit that you were restrained by two passengers. 

6. Admit that you attempted to go into The flight deck. 

7. Admit that your attempt to enter the flight deck occured as the Ca;itaija was 

attempting to exit the flight deck. 

8. Admit that you bit a passenger several times in the left shoulder. 

Respondent's responses to Complaiaant's discovery were due on Oc.ober 15, 

2010.^ To date, Respondent has failed to provide responses to the propounded d iscovery, 

nor has he requested an extension of time in which to file a response. 

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

its ability to prepare for a hearing, which according to the Amended Procedural Order 

served on September 30, 2010, will be set anytime after January 1, 2011. Conplainant 

requests the Administrative Law Judge issue an Order compelling Respondent tci provide 

separate and complete answers to each of the discovery requests propounded by 

Complainant. 

^ This includes the five days additional rime after service by mail vcquired by 14 C.FJl. § 13.21 1(c) which 

suites in petrinenl pan ilmt, "'Whenever a party has a right or a duty to act or to make anyrcspgi ; within a 

prescribed period after aci-vice by mail, or on a date c«nain after service b y tniU, 5 days shall b: added to 

the prescn"bed period." 
10/18/2010 10:53 FAX 2024935142 FAA * DMS 0003/013 

10/18/2010 08.37 ?M 3107256616 AWP-7 (il004 

Complainant further requests that the Administrative Law Judge de:m as an 

admission of the truth each statement contained in the request for admissions on basis 

that Respoudcnl failed to respond to CompJainant's requests for admission whin 30 

days. [HC.F.R. § 13,221(1)(1) which states "A patty^sfailure to respond toar;qucstfor 

admission, in writing and signed by the attomey or the party, not later than 30 ..lays after 

service of the request, is deemed an admission of the truth of the statement or statements 

contained in the request for admission."] 

Respectfully submitted, 

Naomi Tsuda 

Regional Counsel 

October 18, 2010 
10/18/201 0 10:53 FAX 2024935142 FAA ^ DMS 12|004/013 

10/18/2010 08:37 FA I 3107258818 AWP-7 121005 

DECLARATION OF JEFF KAMBER G 

I, Jeff Kamberg, declare as follows; 

All marrtjrs sta.tcd herein are wjthin my own personal knowledge, and if called la a w-itncss, J 

could, and would competently testify thereto, excepi for those matters stated upon informal ion and belief, 

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

1. I am a legal technician in the CWce of the Regional Counsel, Fct 5ral Aviation 

Administration, Western-Pacific Region. 

2. On September 10, 2010, I served ilic original Complainant's First Set o" Discovery to 

Respondent to: Samuel Joseph Latham, 33690 Almond St., Wildomar, CA 9259', via certified 

mail, return receipt requested (Tracking No.: 7003 2260 0003 7293 81 16). (Sci: C;>:hibit "^B^" 

attached hereto.) 

3. On September 15, 2010, 1 received P.S. Form 3811 in the mail (1 racking No.: 

7003 2260 0003 7293 8116), signed by "Bilen Latham"' indicatig that the 

correspondence had been received on September 14, 2010, (See Exhibit B" attached 

hereto,) 

I declare tmder penalty of perjury under the laws of ihe United States of Am.ricn that the 

foregoing is true and correct. 

Signed this 18"' day of October, 2010 
10/18/2010 10:53 FAX 2024935142 FAA + DMS 0005/013 

10/18/2010 05:37 FAI 3107256816 AWP-7 [2|O06 

EXHIBIT «A" 
10/18/2010 10:53 FAX 2024935142 

iu/i0/i:uiu U»:a/ tA.\ 3107256816 

FAA 

AWP-7 

•> DMS @]ooe/oi3 

1^007 

UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

In the Matter of 

SAMUEL JOSEPH LATHAM 

Respondent. 

FAA Docket No.: CPlOWPOOOd 

FAA Region: Western-Paciftc 

Judge: Honorable Richard C. Goodwin 

DMS No. FAA>2010-0624 

COMPLAINANT'S FIRST SET OF 

DISCOVERY TO RESPONDENT 

To: Respondent acting in proper: 

Complainant, by and through coun.sel, pursuant to Section 13.220 of the I'lules of 

Practice in FAA Civil Penalty Actions, requiists the Respondent please respon< I to the 

following Discovery Requests separately and fially under oath, within thirty (30) days of 

the date of service. 

These discovery requests are intended to be continuing in nature a-.d any 

( 

information which may be discovered by you subsequent to the service and filing >f your 

aii5weis must be brought to the attention of the Complainant's attomey ttirough 

supplemental answers 'wheo it becomes available to you, and in a reasonable time prior to 

che hearing in this matter. If there are any additions, deletions or changes in the a "iswcrs 

or information provided at any time prior to hearing, the Respondent is spec Scally 

:-cquestcd to so immediately inform Complainant's attomey. If such information is not 

) 
10/18/2010 10:54 FAX 2024935142 

10/18/2010 08:37 FAl 3107256816 

FAA 

AWP-7 

* DMS gl007/013 

121008 

ftimisbed, at the time of the hearing, the attomey for Complainant may move 11 exclude 

from evidence such information requested and not fiimished. 

If, in responding to, or failing to respond to these requests for disco <,'eiy 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 sta iitory or 

decisional reference, and identify all documents or other information, including contacts 

and comnitjnicaiions which you believe to be embraced by the privilege invoked. 

INTERROGATORIES; 

1- Identify by name, address and telephone number all persons who have 

personal knowledge of the incidents alleged in the complaint and your aflirmative 

defenses alleged in your answer. 

2. Identify by title, date, author, present custodian, and con1::nt, all 

docvunents obtained by you or in your possession relating to the assertions in the 

complaint. 

3. Identify by name, address and telephone number, all persons whi^m you 

intend to have testify as a factual witness in your defense at the hearing in this maiiei, ;md 

provide a detailed summary of each person's anticipated testimony. 

4. Identify by name, address and telephone nximber, all persons whom you 

intend to have testify as an expert witness in your defense at the hearing in this matter, 

and provide a detailed summary of each expert's anticipated testimony. 

5. Identify by title, date, author, present custodian, and content, which 

documents you anticipate offering into evidence at the hearing in this matter, and t:rougli 

which witness or witnesses. 

6. With respect to each expert witness identified in response to Tnteanrcgatory 

No. 4, above, specify their area of expertise, if any, and provide a synopsi.<! of their 

credentials, background, training and experience. 
10/18/201 0 10:54 FAX 2024835142 FAA + DMS 0008/01 3 

10/18/2010 08:37 FAI 3107256816 AWP-7 SlOOfi 

7- If your responses to any of the below Requests for Admissions arc aiiything 

other thaii an unqualified "admit," provide all facts lo support your denials. 

REOtJESTS FOR PRODUCTION OF DOCUMENTS: 

1. Provide a copy of aU ^^'ritten statements/affidavits/declarrdons of 

individuals identified in response to interrogatory number 1, on the previous pag.;. 

2. Provide a copy of all documents identified in interrogatory num ^er 2, on 

the previous page. 

3. Provide a copy of all documents in support of any and all of your 

afSnnative defenses pled in your answer. 

4. Provide a copy of the current curriculum vitae for each and eve;-/ erpo-t 

you intend to have testify in your defense at the hearing in this matter. 

5. Provide a copy of any and all recorded statements of any witnesse:^; having 

personal knowledge of the incidents alleged in the complaint and your aflirmative 

defenses alleged in your answer including but not limited to tape recordings and 

transcriptions of the tape recordings. 

6. Provide any and all documents your experts will be rcljdng upon t i testify 

in your defense at the hearing on this matter. 

7. If any of your responses to the below listed Requests for Admissions are 

anything other than an unequivocal "admit," please provide a copy of all docuoems to 

support yovT responses. 

8. Provide a copy of any and all reports, notes, charts, diagrams, flight :loi;s or 

other written documentation prepared by your expert(s) which will be testifying in ^.'our 

defense at the hearing on tliia matter. 
10/18/2010 10:54 FAX 2024935142 

j.u/i«'^ui u u»;J 9 1-AA JJ.U725tJ8HJ 

FAA 

AWP-7 

•> DM S @!009/013 

Igioio 

REQUEST FOR ADMISSIONS: 

1. Admit that on December 5, 2009, you were a passenger on boar =. Horizon 

Airlines flight 2421, operating from Medford Oregon to Los Angeles. 

California. 

2. Admit that you ran out of the 1 avatory naked. 

3. Admit that you pushed a crew member afier you ran out of the la\ ;itory. 

4. Admit that you pushed a crewmembcr at least twice. 

5. Admit that you were restrained by two passengers. 

6. Admit that you attempted to go into the flight deck. 

7. Admit that your attempt to enter the flight deck occrrued as thf: Captain 

was attempting to exit the flight deck. 

8. Admit that you bit a passenger several times in the left shoulder. 

Rcspcctflilly submitted, 

Naomi Tsuda 

Regional Counsel 

September 10, 2010 
10/18/2010 10:54 FAX 2024935142 

iu'lO/AUJ- U uo:0 0 rA A 010/20091( 5 

FAA 

AWP-

^ DMS liOIO/013 

121011 

CERTIFICATE OF SERVICE 

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

have placed in the United Stales mail, postage prepaid, certified mail, retujii receipt 

requested, the executed original of the COMPLAINANT'S FIRST iiET OF 

DISCOVERY TO RESPONDENT, addressed as follows: 

Samuel Joseph Latham 

33690 Ahnond St. 

Wildomar, C A 92595 

Dated: 

SEP I 0 2010 

JcffKahibe'ri 

Legal Technician 

Office of the Regional Counsel 

Federal Aviation Administration 

Western-Pacific Region 

Hawthorne, California 
10/18/2010 10:54 FAX 2024835142 FAA •>• DM S gl011/013 

1U/19/2U1U U»:CJ« FAX 3107256816 AWP-7 [2)012 

EXHIBIT "B" 
10/18/201 0 10:5 4 FAX 202493514 2 

ig.xo/iiUiU uo:o<» fAA :)lUV23tfS16 

FAA 

AWP-7 

•> DMS 

121015 

«) 

n 

r 

u 

U.S. Postal Service-i 

CERTIFIED MAlLn RECEIPT 

(DomosVc Msi) Only: No Insurance CovcrnQe Provided) 

Far delivery Inrerrriation viSjt our website at nTAV.usps.coini; 

OFFICIA L US E 

Poilaes 

C«ilfl«a>!« 

tl«et1«iBStC>aii«W(>'Fe« 

ToiBlPo«ui6u«.i^««e 

$ 

$ 

H Q « 

•ssss:XfiL-a;: - • 

erFO ea t No. 

2 

V 

•s 

s 

CO 

2 
10/18/201 0 10:54 FAX 2024935142 FAA ^ DMS 121013/013 

10/18/2010 08:38 FAI 3107256816 AWP-7 Iil014 

CERTIFICATE OF SERVICE 

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

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

RESPONSES AND MOTION TO DEEM AS AN ADMISSION OF TRUT [ EACH 

STATEMENT IN COMPLAINANT'S REQUESTS FOR ADMISSION, adoressed as 

follows; 

The Honorable Richard C. Goodwin. 

Administrative Law Judge 

Office of Hearings, M-20 

U.S. Departtncnt of Trans;X3rtation 

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 2W] 000 

Facsimile: (202) 493-5142 

I further certify that on this date I have placed m the United States mail, postage 

prepaid, certified mail, return receipt rcqucsic:d, a copy of the above addressed to: 

Samuel Joseph Latham 

33690 Almond St. 

Wildomar, CA 92595 

Dated: OCT 1 8 2010 

JeffKamljerg 

Legal Technician 

Office of the Regional Counsel 

Federal Aviation Administration 

Western-Pacific Region 

Hawthorne, California