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UNITED STATES DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

WASHINGTON, DC 

I In the Matter of: 

i 

AIR EVAC EMS, INC., 

Respondent. 

Served; July 29, 2010 

FAA Docket No. CP10CE0002 

(DMS No. FAA-2010-0024) 

and 

FAA Docket No. CPlOCEOOOl 

(DMS No, FAA-2010-0022) 

Conisolidatcd for Heariag 

Judge Robert C. Goodwin 

COMPLAINANT'S RESPONSE TO RESPONDENT'S 

FIRST and SECOND REQUEST FOR DISCOVERY 

COMES NOW the Federal Aviation Admiaistration (FAA), acting by and through its 

counsel, and submits the following responses to Respondent's discovery requests. 

FIRST SET OF INTERROGATORIES 

1. Please identic each person you iatend to call as a fectual witness in this proceeding 

described b each of your Amended Complaints by providing the person's name, occupation, 

business address, and telephone manber. 

RESPONSE: 

Sydney Buff 

Former ?MI for Respondent 

Flight SiAndaids District Office 

St. Ann, MO 

314-890-^800 ^5 

• -C D 

Aaron Rogere - A/C Mechanic iS 

Air Evac EMS, Inc. ' o 

West Plains, MO "^ 

417-257-1039 

Keitli Collins 

Former Air Evac A/C mechanic 

Current address/phone unknowti 

- —( 
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Fred Finnell - Pilot 

Air Evac EMS, Inc. 

West Plains, MO 

417-257-1039 

2. Please provide the substance of the testimony to be offered by each of the witfiesses 

identified in Interrogatory No. 1. 

RESPONSE: 

Sydney Buff: - Inspector Buff is expected to testify in her official capacity as an 

FAA employee about, but not limited to, her involvement in the FAA investigation of the 

incidents at issue in these cases, more specifically identified in the Complaints filed in 

these cases; how and under what circumstances she conducted her investigation, spoke to 

\wimesses, reviewed and obtained records, stateraents, and photos, etc; her involvement in 

reviewing the investigation results pertaining to the allegation of FAR violations by the 

Respondent as set out with more particularity in the noted Complaints; her findings based 

on her review of the noted investigation results; and her expert opinions and conclusions 

reached based upon her review of the evidence collected. Her expected testimony will 

include her conclusion and opinion that the Respondent violated the Federal Aviation 

Regulations alleged in each of the two Complaints. Her expected testimony will also 

include her opinion that the actions of the Respondent endangered the lives of others by 

creating the potential for a catastrophic event due to defective maintenance work 

performed by its repair station, followed by tlie operation of an unairwortliy aircraft vath 

passengers on board by its air carrier. She may also testify as to all other relevant matters 

pertaining to this case depending or the exigencies presented at the bearing . 

Aaron Rogers: This Respondent employee is expected to testify about; 1) his 

employment position, 2) area of responsibility, 3) work experience, 4) knowledge about the 
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operation of the Part 145 repair station in question, and 5) tlie actions he took, and the role 

he played^ in performing improper maintenance on the helicopter in question, more 

specifically identified in the Complaints issued in tliese cases, including the fact that he is 

the recipient of a legal enforcement action resulting in the suspension of his aircraft 

mechanic certificate. In addition, this fact witness may also testify a? to all other relevant 

matters pertaining to this case depending on the exigencies presented at the hearing. 

Keith Coliins, This former Respondent employee is expected to testify about: I) his 

employment position, 2) area of responsibility, 3) work experience, 4) knowledge about the 

operation of the Pan 145 repair station in question, and 5) the actions he took, and the role 

he played, in perfoniiing maintenance on the helicopter in question, more specifically 

identified in the Complaints filed in these cases. In addition, this fact witness may also 

testify as to all other relevant matters pertaining to this cage depending on the exigencies 

presented at the hearing 

Fred FlirneU: This Respondent employee is expected to testify about: 1) his 

employment position, 2) area of responsibility, 3) work experience, 4) knowledge about the 

operation of the Part 135 air carrier in question, and 5) the actions he took, and the role he 

played, while operating as the pilot in command of the helicopter in question at tlie time 

when he experienced a mechanical failure, consisting of the loss of tail rotor control system, 

on the helicopter more specifically identified in the Complaints filed in these cases. In 

addition, this fact wimess may also testify as to all other relevant matters pertaining to this 

case depending on the exigencies presented at the hearing 

3. Please identify each person you intend to call as an expert or investigative witness 

in support of tlie allegations in each of your Amended Complaints in this 
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proceeding by providing the person's name, occupation, business address, and 

telephone number. 

RESPONSE: See responses to 1. and 2. above. 

4, With respect to each expert or investigative witness you intend to call as a witness 

in the proceeding for each of your Amended Complaints, please state the subject 

matter upon which each expert or investigative wimess is expected to testify, the 

facts and opinions comprising the testimony of each expert or investigative wHtness, 

and a summary of the grounds for each opinion or conclusion 

RESPONSE: See response to 2. above. 

5- Please identify any and all documents in your possession that concern, refer to, or 

involve the circumstances set forth in each of the Amended Complaints. 

RESPONSE: All such documents were previously provided to, and currently in the 

possession of, Respondent's legal counsel by letter dated April 4, 2007, 

6. Please describe in detail the factual basis the allegations set for the in each of the 

Amended Complaints. 

RESPONSE: Objection, vague and ambiguous, The allegations set out in each of the 

two Amended Complaints speak for themselves: they are detailed, lucid, and 

unambiguous, 

FIRST REQUEST FOR THE PRODUCTION OF DOCUMENTS 

1- Please provide a complete up to date copy of the investigator's file 

regarding each of the Administrator's Amended Complaints. 

RESPONSE: Content of the Enforcement Investigative Report for each of the 

pending cases, containing all available items of proof in both cases, was 

previously provided to Respondent's legal counsel by letter dated April 4, 2007. 
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2. Please produce a copy of each authority upon which you intend to rely in your 

support of each of the Amended Complaints, 

RESPONSE: Objection, vague and ambiguous. Without waiving this objection the 

undersigned states that tlie legal authority for taking this action is found at 49 USC Section 

46301 in conjunction with the federal regulations cited in the two Amended Complaints on 

file. 

SECOND SET OF INTERROGATORIES 

1. Please state the name, occupation, business address and telephone number of 

any 

person or persons known by Complainant to have relevant knowledge of and/or 

information about these matters in these proceedings. 

RESPOjNSE; See response to 1. above in First Set of Interrogatories. 

2. Please provide a summary of the substance and basis of the knowledge of each 

plerson identified in the interrogatory immediately previous to this interrogatory, 

RESPONSE; See response to 2. above in First Set of Interrogatories. 

3. Please describe each exhibit other than a documenr Respondent intends to 

introduce into evidence at the proceeding. 

RESPONSE: The exhibits consist of the documents, photos, aircraft records, 

statemerits, etc. previously provided on April 4, 2007, to, and currently in the possession 

of, Respondent's legal counsel. 

REQUEST TO PRODUCE DOCUMENTS 

1. Pilease produce copies of all documents Complainant intends to introduce into 

evidence in these proceedings to include, but not be limited to reports, letters, 
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memoranda, writings, photographs, drawings, sketches, computer data, audio 

recording, transcripts and video recording. 

RESPONSE: All such documents previously provided to Respondent's legal 

counsel on April 4, 2007, 

2. Please produce a copy of all prior written statements made by any person 

identified in any of the responses to these interrogatories, including the first 

discovery requests, which relates in any manner or has any bearing on the 

incidents at issue in these proceedings. 

RESPONSE; See response to 1. above. 

3. Please provide a description of any non-document exhibit not otherwise being 

capable of being copied oi reproduced which Complainant intends to introduce 

into evidence in these proceedings. 

RESPONSE: No such exliibit is intended to be introduced. 

4. Please produce a copy of each document which Complainant has identified or 

developed in any further investigation that has taken place in this matter 

subsequent to the investigative file regarding each of the Administrators' 

Amended Complaints. 

RESPONSE: Objection. Attorney-client privilege and attorney work product. 

Without waiving this objection the undersigned hereby provides a copy of the Air 

Carrier Certificate and the Air Agency Certificate that were reviewed to ascertain the 

correct company names listed on the certificates accomplished in order to correct the 

inadvertent error of identifying the holder of the Air Agency Certificate AS Air Evac, 

Inc. vice Air Evac EMS, Inc., which is the correct name of the Respondent certificate 

holder. 
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Tlie FAA reserves the right to amend or supplement its Response if and when it 

learns of the existence of any other relevant and material evidence prior to hearing. 

Complainant will provide a copy of such evidence to Respondent's counsel as quickly as 

possible if such becomes available. 

Dated this 29* day of July 2010. 

A. Lester Haizlip 

Regional Counsel 

By: 

senior Enforcement Attorney 

/Federal Aviation Administration 

901 Locust Street, Room 506 

Kansas City, MO 64106 

(816) 320-3765; Fax (SI6) 329-771 

Attorney for Complainant 
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AIR EVAC EMS. INC.. FAA Docket No. CPlOCEOOOl, DMS No. FAA-2010-0022, and 

FAA Docket No. CPI0CE0002 (DMS No. FAA-2010-0024) - Consolidated for Hearing 

CERTIFICATE OF SERVICE 

1 hereby certify that I have this date sent the Complainant's Answer in Opposition 

to Respondent's Motion for Decision, via methods listed, to the below named addressees: 

Mr. James E. Ramsey, Esq. 

Cooling & Herbers P.C. 

2400 City Center Square 

1100 Main Street 

Kansas City, MO 64105 

(1 copy via regular mail; 1 copy via facsimile to 816-472-0790) 

The Honorable Richard C Goodwin 

Office of Hearings, M-20 

US Department of Transportation 

1200 New Jersey Avenue, S.E. 

East Building Grotmd Floor, Room El 2-320 

Washington, DC 20590 

(1 copy via regular mail; 1 copy via facsimile to 202 366-7536) 

Federal Aviation Administraiion 

800 Independence Avenue, S,W. 

Washington, DC 20591 

Attention: Hearing Docket Clerk, AGC^30 

Wilbur Wright Building, Room 2014 

(Original & 1 copy via regular mail: ) copj' via facsimile to 202-493-5142) 

Dated this 29'" day July 2010. 

lark Camacho 

Senior Enforcement Attorney 
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PASE 10/12 

UNITED STATES DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

WASHINGTON, DC 

In the Matter of: 

AIR EVAC EMS, INC., 

Respondent. 

Served: July 29, 2010 

FAA Docket No. CP! OCE0002 

(DMS No. FAA-2010-0024) 

and 

FAA Docket No. CPlOCEOOOl 

(DMS No. FAA-2010-0022) 

Consolidated for Hearing, 

Judge Robert C Goodwin 

COMPLAINATVT»S REQUEST FOR DISCO\^RV 

COMES NOW the Complainant in this matter, the Federal Aviation Administration 

(FAA), by and through its Regional Counsel for the Central Region, and pursuant to Section 

13.220 of the Rules of Practice in FAA Ctvjl Penalty Actions (14 C.F.R- Section 13.201 et .seq.) 

hereby reque.<?ts ibat Respondent supply to counsel for the FAA the following data^ for each of 

the two pending cases identified above, no later than 45 days from the date of service of this 

request. 

INTERROGATORIES 

1. Provide the name, occupation, and business address for each person Respondent intends 

to call as a witness in this proceeding. 

2. Provide the substance and basis of the testimony to be offered by each of witnesses 

identified in response to Interrogatory 1 above. 

3. State the name, occupation, business address and telephone number for each expert 

witness Respondent intends to call as a witness in this proceeding. 

4. State the qualifications, experience, and training of each person identified in response to 

Interrogatory 3 above. 

5. Provide the substance and basis of the testimony to be offered by each of the witnesses 

identified in response to Interrogatoty 3 above. 
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6. State the name, occupation, business address and telephone number of any other person 

or persons known by the Respondent to have relevant knowledge of and/or information 

about the matter in this proceeding. 

7. Provide a summary of the substance and basis of the knowledge of each perso.a identified 

in response to Interrogatory 6 above. 

8. Describe each exhibit, other than a document. Respondent intends to introduce into 

evidence in this proceeding. 

REQUEST TO PRODUCE DOCUMENTS 

1. Produce copies of all documents Respondent intends to introduce into evidence in this 

proceeding, to include, but not limited to reports, letters, memoranda., writings, 

photographs, drawings, sketches, computer data, audio recordings and transcripts, and 

video recordings. 

2. Produce a copy of all prior written statements made by any person identified in 

Interrogatories 1, 3 and 6 above which relates in any manner or has any beajing on the 

incident at issue in this proceeding. 

3. Provide a description of any non-document exhibit, not otherwise capable of being 

copied or reproduced, Respondent intends to introduce into evidence in this proceeding. 

4. Provide a copy of the Curriculum Vitae of any witness identified in Interrogatory 3 

above, 

Dated this 29'" day of July 2010. 

A, Lester Haizlip 

Rcgio 

B 

Jenior Enforcement Attorney 

Federal Aviation Administration 

901 Locust Street, Room 506 

Kansas City, MO 64106 

(816) 320-3765; Fax (816) 329-3771 

Attorney for Complainant 
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AIR EVAC EMS. INC.. FAA Docket No. CPlOCEOOOl. DMS No. FAA-2010-0022, and FAA 

Docket No. CP10CE0002 (DMS No. FAA-2010-0024) - Consolidated for Hearing 

CERTIFICATE OF SERVICE 

I hereby certify that I have this date sent the Complainant's Request for Discovery 

via mcthod.s listed to the below named addressees: 

Mr. James E. Ramsey, Esq. 

Cooling & Herbers P.C. 

2400 City Center Square 

1100 Main Street 

Kansas City, MO 64105 

(1 copy via regular mail; 1 copy via facsimile to 816-472-0790) 

The Honorable Richard C Goodwin 

Office of Hearings, M-20 

US Department of Transportation 

1200 New Jersey Avenue, S.E, 

East Building Ground Floor, Room E12-320 

Washington, DC 20590 

(I copy via refular mail; 1 copy via facsimile to 202 366-7536) 

Federal Aviation Adminiirtratjon 

800 Independence Avenue, S.W. 

Washington, DC 20591 

Attention: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building, Room 2014 

(Original & I copy via regular mail; I copy^via facsimile to 202-493-5142) 

Dated this 29* day July 2010. 

ark Camacho 

Senior Enforcement Attorney