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KYLE E. LOMAZOW 

FEDERAL AVIATION ADMINISTRATION 

OKFrCE OP REGIONAL COUNSEL 

1601 LINO AVE., s w 

RENTON, WASHINGTOM 98057 

TtXEPHONE: 425.227.1847 

FACSIMTI.B: 425.227.1007 

^^FARTMENT OF 

' ^SPORJAJIQN 

•.ET 

r\ ;:'^'? -B A iO- 02 

LTNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

OrFICEfor HEARINGS 

WASHINGTON, D.C. 

In the Matter of: 

Empire Airlines, Inc. 

F AA DOCKET CP10NM0007 

FAA Case No. 2009NM70065 

DM5 No. FAA-2010-0791 

Judge Richard C, Goodwin 

COMPLAINANT'S INITIAL DISCOVERY REQUEST 

To: Respondent I 

In accordance wiiln 14 CFR Seciiort ans13.220 and tlie Federal Rules of Civil Procedure, 

please respond to the following InteiTOgat:)ries, Requests for Production of Documents, and 

Request for Admissions, separately and fully mdcr oath by December 6,2010. 

These discovery requests are intendeji 

witliin Empire's personal knowledge or 

possession of or obtainable by Empire's attontieyS; 

or anyone acting on Empire's bdialf or on the 

to discover information and/or documents not only 

btainable by Empire, but also information in the 

investigators, roprescnTatives, employees, agents, 

ir behalf. 

These discovery requests are continjitig in nature and any information wliich may be 

discovered by Empire subsequent to the scrvijce and filing of Empire's answers must be brought to 

the attention of the agency attorney through IsupplemenSj answers when it becomes available to 

Empire, at a reasonable time ptior to the hearing in this maitei. If there are any additions, deletions 

or changes in the answers or infonnation provided ai any time prior to hearing the Respondent is 

specifically requested to 50 immediately inf<nn the agency attorney. If such information is not 

furnished, the agency attorney at the time of ihe hearing will move to exclude from evidence such 

informatioo. requested and not fiimished. \ 

The agency attorney ftirther requests that the Respondent produce tlie documents identified 

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

570, 1601 Lind Avenue, SW, Renton, Washinkton 98057, by December 6,2010. 

CoTnplainaiii's Tnilial Discovery Requft.'sl. 

Empife 2009NM7n0065 &. CP10NM0007 

Page 1 of 8 

KYt^Kt. LOMAZOW, FAA ATTORVJEY 

TEL: 425.227.1847; FAX; 425.27,7.1007 

GOO/SOOia swa VVd snssetsos xvd ao-a OLO2/SO/IL 
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PRIVILEGE 

Jf, in responding to, or failing to respond to these Interrogatories, requests for admission and 

requests for production Empire invoke or rely upon any privilege of any kind, state specifically tlic 

nature of the privilege; the basis upon wWch Empire invoke, rely upon or claim it, including any 

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

contacts and rnmniTifijrflnVtn-; ivhich Empire believe to be embraced by ihe privilege invoked. 

DATED this 5th day of November 2010. 

KYLE E. LOMAZOW 

FAA Attomey 

Complainant's Initial DisccvcTy Request 

Empire 2O09NM7OOO65 & CPI0NMnO07 

Page 2 of8 

KYLE E, I-OMATOW, TA A ATTORNEY 

'IT.T.; 425.227.1847; FAX : 425.227.1007 

GOO/SOOia SWG VVd Zti9£B\iZ0Z XVd 90:i L OLOS/SO/IL 
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INTERROGATORIES AND REQUESTS FOR PRODUCTION 

Igterrogatorv No. 1: Identify by name, address and telephone number all persons whom Empire 

knows to have personal knowledge of the matters alleged in the Complaint and provide that 

person's home and business address and telephone number. 

Interrogatory No. 2: Identify by title, date, author, present custodian, and content, all documents, 

including correspondence, obtained by Empire or in its possession, relating to the assertions in the 

Complaint, Empire's Appeal, its Answer, and any affirmative defenses which Empire anticipates 

raising in this matter. 

InterroeatoTV No. 3: Identify by name, address and telephone number, all persons whom Empire 

intends to have testify as a facnial or expert witness in its defense at the hearing in this matter, and 

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

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

which Empire anticipates offering into evidence at the hearing in this matter, and through wliich 

witness or wimesses. 

Interrogatory No. 5: With respect to each expert witness identified in response to Interrogatory 

No, 3, above, specify their specific area of expertise, and provide a synopsis of their credentials, 

background, training and experience. 

Interrogatory No. 6: With respect to each expert Empire expects to call as a wimess, state the 

subject matter on which the expert is expected to testify, and state the substance of the facts and 

opinions to which the expert is expected to testify, and a summary of the grounds fox each such 

opinion. 

Interfogatory 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 Empire has discussed 

the matters alleged in the Complaint. 

Interrogatory No. 8: Describe with specificity all of the facts which Empire anticipates presenting 

in the course of tlie hearing in this matter pertaining to tlie avoidance or mitigation of the sanction 

sought by the FAA in this case. 

Integogatgrv_No. 9: Describe with specificity all of the documents Empire anticipates presenting in 

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

sanction sought by the FAA in this case. 

Imsrrogatorv No, 10: Describe with specificity what facts or evidence Empire relies upon in 

support of any affirmative defenses raised in any /vnswcr to the Complaint. 

Intenrogatorv No. II: Identify by name and employee identification number, and provide the home 

and business address and the home and business telephone number of each of Empire's employees, 

agents or contractors, including employees, agents and contractors of Federal Express, 

rnc.(hereafi;er FedEx), who used a scanner or other manual or electronic device to track or process 

CAm)vlainant',<; InitiHl Di.>!cnvcry RcqucM 

Empire 2009NM700065 &. CP10NM0007 

Pa^c 3 of ? 

Kvi.t E. U3MAJIOW, FAA ATTORNEY 

T1?.L: 425.227.1 B47; FAX: 425 227.1007 

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packages identified by the following tracking numbers for transportation by air of the packages 

referenced in this complaint on February 3,2009: 

a. FedEx Tracking No. 7973 0543 7880 

b. FedEx Tracking No. 8657 4575 8980 

Interrogatory No. 12: Identify the name, business and home address and home and business 

telephone number of the Captain and if applicable, the First Officer for each flight on which 

shipment; with FedEx Tracking NDS. 7973 0543 7880 and 8657 4575 8980 were transported, 

Intenx>gatorvNQ. 13: For each individual identified in connection with the foregoing 

Interrogatories, identify whether the individual was an employee of FedEx, Empire Airlines, or 

some other entity (identify that entity) on February 3,2009. 

hiterrogatoiv No. 14: Identity the portions of the manuals in effect on February 3,2009, that 

Empire used for training and for shipment processing operations that provide instruction, direction, 

OT guidanj^e to Empire's employees, agents and contractors, pertaining to the identification and 

handling ofVlAZMAT identified as "ORM-D Air" or "Consumer Commodity ORM-D Air." 

Interrogatory No. 15: Identify the portions of the manuals in effect on February 3,2009, that 

Empire ujed for training and for shipment processing operations that provide instruction to 

Empire's employees, agents, and contractors, pertaining to the identification and handling of 

HAZMAT identified as "ORM-D." 

Interrogatory No. 16: Describe with particularity, the actions that were performed by Empire 

personnel in connection with the loading operation that was performed on February 3,2009. 

involving shipments bearing FedEx Tracking Nos. 7973 0543 7880 and 8657 4575 8980. 

REOUEST FOR PRODUCTION NO. 1: Copies of each and every document Empire intends to 

introduce as evidence in this case. 

REOUEST FOR PRODUCTION NO. 2: Copies of any statements made by wimesses identified in 

the preceding Interrogatories concerning, referring to, or involving the circumstances set forth in the 

Complaint. 

REOUEST FOR PRODUCTION NO. 3: A current copy of Ihe curriculum vitae for each expert 

identified in response to the proceeding Intcnrogatories. 

REOUEST FOR PRODUCTION NO. 4: Copies of all documents that support each and every 

denial, if any, contained in Empire's Answer to the Complaint in. this case, 

REOUEST FOR PRODUCTION NO. 5: Copies of each and every document that support each and 

every affinnative defense, if any, contained in Empire's Answer to the Complaint in this case, 

REOUEST FOR PRODUCTION NO. 6: Copies of each and every document to which Empire 

referred or relied upon in answering the foregoing requests for Intcnrogatories. 

Complainari's fniiial Discoveiy Request HYLIS e. lOr^juiov. FAA A'1T0R>JEY 

Empire 2009NM7000ft5 &. CFlONMOO07 TEL: 425.227.1847; FAX: 425,227.1007 

Pago 1 of 8 

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REQUEST FOR PRODUCTION NO. 7: Copies of any invoices, notes, memoranda or any other 

record that was ever made by any individual in connection with the transfer and/or transloading of 

packages bearing FedEx Tracking Nos. 7973 0543 7880 and 8657 4575 8980 from the time that 

FedEx came into possession of the packages bearing these tracking numbers. 

REOUEST FOR PRODUCTION NO. 8: Copies of those portions of Empire's training manual that 

were in effect on February 3.2009 that provide instruction to Empire's employees, agents, and 

contractors, pertaining to Xhs identification and handling of RAZMA T identified as "ORM-D Air." 

REOUEST FOR PRODUCTION NO. 9: Copies of those portions of Empire's training manual in 

effect on February 3,2009, that prrovide instruaionio Empire's employees, agents, and contractors, 

pertaining to the identifica.lion and handling of HAZMA T identified as "ORM-D." 

REQUEST FOR PRODUCTION NO. IQ: Copy of DO 85 of Empire's operations specifications in 

effect on February 2,2009. 

REQUEST FOR PRODUCTION NO. 11: Extract of the Hazmat Manual fiiom Empire's General 

Operations Manual in effect on February 3, 2009. 

Coinplainam's Initial Discovery Request 

Empire 2009NM700065 & CP)ONM0007 

Pages of 8 

fcVLE E. LOMAZOW, FA A ATTORNEY 

TEL: 425.227.1847; FAX: 425.2271007 

600/900 0 SWO VVd 2l7LSe61?S02 XVd LO-L l 0L02/90/L L 
11/05/2010 13:55 4252271007 ANM7 PAGE 07/09 

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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, Empire arc 

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

reasonable time. Tlie 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 

attorney cither admitting the matter, specifically denying the matter, stating why the matter cannot 

be admitted or denied, or objecting to (lie request, with reasons for tlie objection stated within 30 

days of the date of service upon Empire, to wit; December 6,20.10. 

REQUEST FOR ADMISSION NO. 1: Admit that on or about February 3, 2009, at or near 

Missoula, Montana, Empire Airlines, Inc. (hereafbr Empire) accepted from FedEx (hereafler> 

FedEx a shipment bearing FedEx Tracking No. 7973 0543 7880. 

REOUEST FOR ADMISSION NO. 2: Admit that on or about February 3, 2009, at or near 

Missoula, Montana, Empire accepted from FedEx a shipment bearing FedEx Tracking 

No. 7973 0543 7880 that was not accompanied by sliipping papeis, which contained the proper 

shipping name of the HAZMAT, the hazardous class of the HAZMAT, the total quantity by weight 

cyvered by the description, or the required shipper's cenification. 

REOUEST FOR ADMISSION NO. 3: Admit that the shipment being transported by FedEx 

Tracking No. 7973 0543 7880 flew on an Empire aircraft from Missoula, Montana to Great Falls, 

MontanaREOUEST FOR ADMISSION NO. 4: Admit that during sorting operations at Great Falls, 

Montana, a Federal Aviation Administration (FAA) Hazardous Material Agent observed a 

shipment being transported by FedEx Tracking No. 7973 0543 7880 that had earlier been offloaded from Empire Flight 7820-04. 

REOUEST FOR ADMISSION NO. 5: Admit that on February 3, 2009, at or near Kalispell 

Montana, Empire accepted for transportation from FedEx the shipment being transported by FedEx 

Tracking No, 8657 4575 S980. 

REOUEST FOR ADMISSION NO. 6: Admrt that durijig sorting operations at Great Falls, 

Montana, a, FAA Hazardous Material Agent observed a shipment that was being transported by use 

of FedEx Tracking No. 8657 4575 8980. 

REQUEST FOR ADMISSION NO. 7: Admit that Empire is a business entity that regularly offers. 

accepts, or transports HAZMAT. 

REOUEST FOR ADMISSION NO. 8: Admit that the requested $30,000 is consistent with the 

Administrator''s Sajiction guidance table found at Appendix C to FAA Order 2I50.3B 

Complainajit's Initial Discovery Request Kri..F. e. LOM^zow.. FAA ATTORKEY 

Empire 2009NM700065&CP10NM0007 TI^IL: 425,227,1847; FAX; 425.227.1007 

.P«gc 6 of 8 

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REOUEST FOR /^MISSION NO. 9: Admit that per FAA Order 2150.3B, Appendix C, Empire 

is considered a Group II air carrier. 

REOUEST FOR ADMISSION NO. 10: Admit that on February 3, 2009, Empire pilots were in 

Empire uniformsREQUEST FOR ADMISSION NO. 11: Admit that on February 3, 2009, pilots for the Empire 

flights rej'ercnced in the Complaint were employees of Empire. 

REQUEST FOR ADMISSION NO. 12: Admit that the Empire flights referenced in the Complaint 

were under the opeietional control of Empire. 

Complainant's Inidal Discovery Request nvr-F. R. LOMATOW, FA A ATTOitNEV 

Empire 2D0'?NM7D00(j5 4: C.P10NM0OO7 XEL: 425.227.1847; FAX; 425.227.1007 

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S3 

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 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 Wriglit Building ~ Suite 2W1000 

FAX: 202.493.5020 

Cynthia Chandlcr-Snell 

Federal Express Corporation 

3620 Hacks Cross Road 

Building B, 3'" Floor 

Memphis, TN 38125 

TEL: 901.434.8361 

FAX: 901.434.8283 

Dated this 5th day of Novemher, 2010. 

)ANA STEPHENSON 

Office of Regional Counsel (ANM-7) 

Federal Aviation Administration 

1601 Lind Ave. SW 

Renton, WA 98057 

425.227.2164 

Complainant's Iniiia) Discovery Request I<;YT.£ E. LOMA^OV, FAA ATTOHNI-Y 

Empire 200l>NM7000<35 & CP10NM0007 TF,L: 425.227.1847; FAX: 425.227.1007 

Page 8 of 8 

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