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JEFFREY M .. H.ARPER 

FAA OFFICE OF REGIONAL COUNSEL 

1601 LIND AVENUE SOUTHWEST 

RENTON, WASHINGTON 98057 

TELEPHONE: (425) 227~2161 

FACSIMILE:. (425) 227-1007 

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RECEIVED 

!3 2: 01~ AUG- 6 2012 

HEARING DOCKET 

UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

In the Matter of: 

Cornerstone Aviation, Inc. 

FAA Case No. 2011NM070084 

DMS No. FAA-2011-1293 

Judge Richard C. Goodwin 

COMPLAINANT'S INITIAL DISCOVERY REQUEST 

To: Respondent 

In accordance with 14 C.F.R. § 13.220 and the Federal Rules of Civil Procedure, please respond to 

the following Interrogatories, Requests for Production of Documents, and Request for Admissions, 

separately and fully under oath by August 23,2012. 

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

your personal knowledge or obtainable by you, but also information in the possession of. or 

obtainable by your attorneys, investig~tors, representatives, employees, agents, or anyone acting on 

your behalf or on their behalf. · · · · · ' · · , · · 

These discovery requests are continuing in nature and any information which may be discovered by 

you subsequent to the service and filing of your answers must be brought to the attention of the 

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 or information provided at any time prior to hearirig the Respondent is specifically 

requested to so immediately inform the agency attorney. If such information is not furnished, the 

agency attorney at the time of the 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 

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. designated herein for inspection and copying at the· Federal Aviation: Administration (FAA) Office 

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of-Regional CoUlisel, Suite 570, 1601 Lind Avenue, Southwest, Renton, Washington 98057, by 50 

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August 23, 2012. · 

. Compialnant's Initial Discovery Request 

Cornerstone Aviation, Inc.- DMS No. FAA-2011-1293 

Page I of5 

JEFFREYM. HARPER, FAA ATTORNEY 

TEL: (425) 227-2161; FAX: (425) 227-1007 
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SHOULD YOU FAIL-TO ANSWER THESE DISCOVERY REQUESTS, A-GENCY · 

COUNSEL WILL MOVE TO COMPEL DISCOVERY~ FAILURE TO COMPLY WITH 

4 . YOUR DISCOVERY OBLIGATIONS CAN RESULT IN PRECLUSION OF 

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INFORMATION YOU WISH TO PRESENT AT A HEARING. 

PRIVILEGE 

If, in responding to, or failing to respond to these Interrogatories, Requests for Admission and 

Requests for Production 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 

statutory or decisional reference; and identify all documents or other information, ·including 14 . contacts and communications, which you believe to be embraced by the privilege invoked. 15 

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DATED this 24th day of July, 2012. 

44?./h.._ 

Je'y ~. Harper · FAA Attorney 

Complainant's Initial Discovery Request 

Cornerstone Aviation, Inc.- DMS No. FAA-2011-1293 

Page 2 of5 

JEFFREY M. HARPER, FAA ATTORNEY 

TEL: (425)227-2161; FAX: (425) 227-1007 
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INTERROGATORIES 

Interrogatory No. 1: Identify by name, address, an4 telephone number all persons whom you know 

to have personal knowledge ?f the matters alleged in the Complaint. 

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

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

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

this matter. See Request for Production No. 1. 

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 this matter, and for · 

factual witnesses, provide a detailed sununary of each person's 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. See Request for Production No. 2. 

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

No. 3, 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 you expect to call as a witness, state the. subject 

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

which the expert is expected to testify, and provide summary of the grounds for each such opinion. 

Interrogatory No.7: Describe with specificity all of the facts which you anticipate presenting in the 

course of the hearing in this matter pertaining to the avoidance or mitigation o~ the sanction sought 

by the FAA in this case .. 

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Interrogatory No~ 8: State by name, address, telephone number, date of conversation, and substance 

of conversation,.all persons, other than legal counsel or your spouse, with whom you have 

· discussed the matters alleged in the Complaint. 

Interrogatory No. 9: Describe with specificity all facts or evidence yo.u intend to rely upon in 

support of any affirmative defenses raised in any Answer to the Complaint. 

Interrogatory No. 10: For any of the requests for admissions below that are denied, state with 

specificity the facts that are the basis for that denial as well as the inquiries taken to determine that 

the facts in the request for admission are not correct. 

REQUESTS FOR PRODUCTION 

Request for Production No. 1: Provide a copy of all documents referred to in your answer to 

Interrogatory ~o. 2. 

. Request for Production No. 2: Provide a copy of all documents referred to in your answer to 

Interrogatory No.4. 

Request for Production No. 3: Provide a copy of all documents that support yolir answer to 

Interrogatory No. 9: 

Request for Production No.4: Provide a copy of all exhibits that you intend to offer or will use 

during the hearing in this matter. . 

Complainant's Initial Discovery Request 

Cornerstone Aviation, Inc . .:_ DMS No. FAA-2011-1293 

Page 3 of5 

JEFFREY M. HARPER, FAA ATTORNEY 

TEL: (425) 227-2161; FAX: (425) 227-1007 
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·REQUESTFORADMIS.SIONS. . 

Under 14 C.P.R.§ 13.220(b) and Rule 36 ofthe Federal Rules of Civil Procedure, you are requested 

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

time. Tiie Rules of Practice in FAA Civil Penalty Actions, 14 C.P.R.§ 13.220(d), defmes a 

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

attorney 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 stated within 30 

days of the date .of service upon you, that is, August 23, 2012. 

IF YOU FAIL TO RESPOND TO THESE REQUESTS FOR ADMISSIONS IN WRITING, 

THE FACTS CONTAINED THEREIN ARE DEEMED ADMITTED, ABSENT A JUDGE'S 

RULING THAT YOUR FAILURE TO ANSWER WAS DUE TO CIRCUMSTANCES 

BEYOND YOUR CONTROL. See 14 C.P.R.§ 13.2200)(1). 

Request for Admission No. 1: Adri:rit that the $5,000 penalty sought in Case No; FAA-2011-1293 

is consistent with the Administrator's sanction guidelines found in FAA Order 2150.3B. 

Request for Admission No. 2: · Admit that Cornerstone Aviation, Inc. qualifies as a small business 

for Federal Government Programs. 

Request for Admission No.3: Admit that Cornerstone Aviation has been in business since July, 

2003. 

2 9 Request for Admission No.4: Admit that Cornerstone Aviation has the financial ability to pay the 

3o $5,000 civil penalty sought in case No . .FAA-2011-1293 

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Complainant's Initial Discovery Request 

Cornerstone Aviation, Inc.- DMS No. FAA-2011-1293 

Page4 of5 · 

JEFFREY M. HARPER, FAA ATTORNEY 

TEL: (425) 227-2161; FAX: (425) 227-1007 
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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: 

Honorable Richard C. Goodwin 

Office ofhearings, M-20 

1200 New Jersey Avenue, S.E.· 

East Building Ground Floor, Rm E12-320 

Washington, D.C. 20590 

FAX: 202.366.7536 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building - Suite 2W1 000 

Federal Aviation Administration 

800 Independence Avenue SW 

Washington, D.C. 20591 

FAX: 202.493.5020 

I hereby certify that the foregoing Complainant's Initial Di~covery Request has been served via . Certified Mail - Return Receipt Requested this· date, to the following: 

Susan Horstman 

ChiefExecutive Officer 

Cornerstone Aviation, Inc. 

337 North 2370 West #l30 

Salt Lake City, UT 84116 

FAX: (801) 355-2754 

Dated this 24th, day of July, 2012. 

'1:5ana Stephenson · . 

Office ofRegional Counsel (ANM-7) 

Federal Aviation Administration 

1601 LindAve. SW 

Renton, WA 98057 

(425) 227-2164 

Complainant's Initial Discovery Request 

Cornerstone Aviation, Inc.- DMS No. FAA-2011-1293 

Page 5 of5 

JEFFREY M, HARPER, FAA ATTORNEY 

TEL: .(425) 227-2161; FAX: (425) 227-1007