t?"'""'"^V- Jfa^«w.-» 

Christopher D. Nissen, Esq. State Bar No. 202034 

MANNING & MARDER 

KASS, ELLROD, RAMIREZ LLP 

15th Floor at 801 Tower 

801 South Figueroa Street 

Los Angeles, CA 90017 

Telephone: (213) 624-6900 

Attorneys for Respondent, S/P Resources, Inc. 

r^ r 

J^iL t h 20t0 

"^^NG DOCKET 

U.S. DEPARTMENT OF TRANSPORTATION 

REGIONAL COUNSEL 

FEDERAL AVIATION ADMINISTRATION 

In the Matter of: 

S/P Resources, Inc., 

Respondent. 

QPfcUiPC>CX)3 

FAA DOCKET FAA2o/0-03r ^ 

FAA CASE NO.: 2009WP700017 

NOTICE OF TAKING 

DEPOSITION OF LATONZA 

MCGOWEN AND REQUEST FOR 

PRODUCTION OF DOCUMENTS 

AT TIME OF DEPOSITION 

TO ALL PARTIES AND TO THEIR ATTORNEYS OF RECORD: 

PLEASE TAKE NOTICE that, pursuant to 14 CFR § 13.2200)(3), Respondent, S/P 

Resources, Inc., will take the deposition of witness, Latonza McGowen, upon oral examination 

on July 21, 2010, commencing at 2:00 p.m., at the Law Offices of Manning & Marder, Kass, 

Ellrod, Ramirez, LLP, located at 801 South Figueroa Street, 15th Floor, Los Angeles, California 

90017, before a Notary Public/Certified Shorthand Reporter in and for the County of Los 

Angeles. 

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You are further notified that the deponent is not a party to this action. So far as known to 

the deposing party deponent's address is as follows: 12044 Peach Street, Lynwood, California 

90262-4714 

Said deponent will be served with a U.S.D.O.T. Federal Aviation Administration Civil 

Penalty Subpoena, a copy of which is attached hereto. 

PLEASE TAKE FURTHER NOTICE that request is hereby made, pursuant to FAA 

Rules of Civil Practice 13.220, et seq., that said deponent produce at the aforementioned 

deposition the following documents and other things in the custody of said deponent and/or said 

deponent's attorneys, employees, agents and investigators: 

1. Provide a copy of all written statements/affidavits/declarations provided to the 

FAA. 

2. Provide a copy of all documents provided to the FAA. 

3. Provide a copy of all documents signed by James Trato. 

4. Provide a copy of all document sent or received by James Trato and/or S/P 

Resources, Inc. 

5. Provide a copy of any and all recorded statements of any witnesses having 

personal knowledge of the incidents alleged in the complaint including but not 

limited to tape recordings and transcriptions of the tape recordings. 

6. Provide a copy of any and all documents relating to the product allegedly offered 

for shipment by S/P Resources, Inc., on or about October 15, 2008. 

7. Provide a copy of any and all documents you contend reflect S/P Resources, 

Inc.'s, or James Trato's written consent to offer any product for shipment on or 

aboutOctober 15, 2008. 
8. Provide a copy of any and all documents you contend support your assertion that 

S/P Resources, Inc., and/or James Trato provided you written authorization to ship 

the product. 

9. Provide a copy of any and all documents provided to you by S/P Resources, Inc., 

and/or James Trato in connection with the Product. 

10. Provide a copy of any and all documents that your assertion that the product was a 

hazardous, flammable produce while stored in your warehouse. 

11. Provide a copy of any and all documents that you provided to the FAA in 

connection with S/P Resources, Inc., or James Trato. 

12. Provide a copy of any and all documents sent or received by Ms. McGowen in 

connection with S/P Resources, Inc., and James Trato. 

13. Provide a copy of any and all documents that support your assertion S/P 

Resources, Inc., and/or James Trato hired you to ship any products. 

14. Provide a copy of any and all "Shipper's Certification of Articles Not Restricted" 

with Air-Sea Forwarders, Inc., that you contend were signed by S/P Resources, 

Inc., and/or James Trato. 

15. Provide a copy of any and all "Shipper's Letter of Instructions" with Air-Sea 

Forwarders, Inc., that you contend was signed by S/P Resources, Inc., and/or 

James Trato. 

16. Provide a copy of any and all labels provided to you by S/P Resources, Inc., 

and/or James Trato. 

17. Provide a copy of any and all documents reflecting your interviews with LaTonza 

McGowen relating to S/P Resources, Inc., and/or James Trato. 
If said deposition is not completed on said date, the taking thereof will be continued from 

day to day thereafter at the same place, Sundays and holidays excepted, until completed. 

Dated: July 7, 2010 MANNING & MARDER 

KASS, ELLROD, RAMIREZ LLP 

By: _ t Christopher 

Attorneys for Res[^ 

Inc. 

D/Nissen 

ndent, S/P Resources, 
RETURN OF SFKVTCE 

I CERTIFY that a duplicate / an original (circle one) of this subpoena was served on the 

person named in the subpoena 

by: . 

at: 

on the day of 20 10 

Name of person making service: 

Official Title; 
ATTACHMENT 'A' TO SUBPOENA 

REQUESTS FOR PRODUCTION OF DOCUMENTS: 

1. Provide a copy of all written statements/affidavits/declarations provided to the FAA. 

2. Provide a copy of all documents provided to the FAA. 

3. Provide a copy of all documents signed by James Trato. 

4. Provide a copy of all document sent or received by James Trato and/or S/P Resources, 

Inc. 

5. Provide a copy of any and all recorded statements of any witnesses having personal 

knowledge of the incidents alleged in the complaint including but not limited to tape 

recordings and transcriptions of the tape recordings. 

6. Provide a copy of any and all documents relating to the product allegedly offered for 

shipment by S/P Resources, Inc., on or about October 15, 2008. 

7. Provide a copy of any and all documents you contend reflect S/P Resources, Inc.'s, or 

James Trato's written consent to offer any product for shipment on or about October 15, 

2008. 

8. Provide a copy of any and all documents you contend support your assertion that S/P 

Resources, Inc., and/or James Trato provided you written authorization to ship the 

product. 

9. Provide a copy of any and all documents provided to you by S/P Resources, Inc., and/or 

James Trato in connection with the Product. 

10. Provide a copy of any and all documents that your assertion that the product was a 
hazardous, flammable produce while stored in your warehouse. 

11. Provide a copy of any and all documents that you provided to the FAA in connection with 

S/P Resources, Inc., or James Trato. 

12. Provide a copy of any and all documents sent or received by Ms. McGowen in connection 

with S/P Resources, Inc., and James Trato. 

13. Provide a copy of any and all documents that support your assertion S/P Resources, Inc., 

and/or James Trato hired you to ship any products. 

14. Provide a copy of any and all "Shipper's Certification of Articles Not Restricted" with 

Air-Sea Forwarders, Inc., that you contend were signed by S/P Resources, Inc., and/or 

James Trato. 

15. Provide a copy of any and all "Shipper's Letter of Instructions" with Air-Sea Forwarders, 

Inc., that you contend was signed by S/P Resources, Inc., and/or James Trato. 

16. Provide a copy of any and all labels provided to you by S/P Resources, Inc., and/or James 

Trato. 

17. Provide a copy of any and all documents reflecting your interviews with LaTonza 

McGowen relating to S/P Resources, Inc., and/or James Trato. 

Dated: July 7,2010 MANNING & INtlXRDER 

KASS, ELLROI^,)RAMIRE Z LLP 

By: 

Christopher D. Nissen 

Attorneys for RespondentiS/P Resources, Inc. 
Executed on July 7, 2010, at Los Angeles, California 

_;> 

Cynthia/Waprielian 
PROOF OF SERVICE LIST 

One Copy 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Washington, DC 20591 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building-Suite 2W1000 

(202) 493-5020 Fax 

One Copy 

Courtney Adolph 

Regional Counsel, Western-Pacific Region 

Office of the Regional Counsel 

AWP-7.4, Federal Aviation Administration 

Western-Pacific Region 

P.O. Box 92007 

Los Angeles, CA 90009-2007 

(310)725-7128 

(310)725-6816 Fax 

One Copy 

The Honorable Richard C. Goodwin, Administrative Law Judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

1200 New Jersey Avenue, S.E. 

East Building Ground Floor, Room E2-320 

Washington, DC 20590 

(202) 366-2139 - Attorney-Advisor 

(202) 366-5121 - Legal Assistant 

(202) 355-7536 Fax 
Christopher D. Nissen, Esq. State Bar No. 202034 

MANNING & MARDER 

KASS, ELLROD, RAMIREZ LLP 

15th Floor at 801 Tower 

801 South Figueroa Street 

Los Angeles, CA 90017 

Telephone: (213) 624-6900 

Attorneys for Respondent, S/P Resources, Inc. 

JUL i 4 20!0 

HEARING DOCKET 

U.S. DEPARTMENT OF TRANSPORTATION 

REGIONAL COUNSEL 

FEDERAL AVIATION ADMINISTRATION 

In the Matter of: 

S/P Resources, Inc., 

Respondent. 

FAA DOCKET ^^ ^ Z O 0- 03 

FAA CASE NO.: 2009WP700017 

AMENDED PROOF OF SERVICE 

IN SUPPORT OF WITNESS 

DEPOSITION NOTICES SERVED 

ON THE HONORABLE RICHARD 

C. GOODWIN 

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/// 

/// 

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served, service is presumed invalid if postal cancellation date or postage meter date is 

more than one day after date of deposit for mailing in affidavit. 

• (BY OVERNIGHT COURIER): I placed the above-referenced document(s) in (an) 

envelope(s) designated by the express service carrier (UPS) for overnight delivery, 

addressed as indicated above. I delivered said UPS envelope to the personnel of our mail 

room. I am "readily familiar" with the firm's practice of collecting and processing 

documents intended for UPS overnight delivery. Under that practice, after the document 

is delivered to the firm's mail room, it is deposited that same day, with delivery fees 

provided for, in a box or other facility regularly maintained by the express service carrier 

or is delivered to an authorized courier or driver authorized by the express service carrier 

to receive documents, for overnight delivery." 

( 3 (BY FACSIMILE) I telecopied each document to the offices of the addressee at the 

above-mentioned corrected fax number. 

121 (STATE) I declare under penalty of perjury under the laws of the State of California that 

the above is true and correct. 

Executed on July 7, 2010, at Los Angeles, California. 
Executed on July 7, 2010, at Los Angeles, California. 
PROOF OF SERVICE LIST 

One Copy 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Washington, DC 20591 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building-Suite 2W1000 

(202) 493-5020 Fax 

One Copy 

Courtney Adolph 

Regional Counsel, Western-Pacific Region 

Office of the Regional Counsel 

AWP-7.4, Federal Aviation Administration 

Western-Pacific Region 

P.O. Box 92007 

Los Angeles, CA 90009-2007 

(310)725-7128 

(310)725-6816 Fax 

One Copy 

The Honorable Richard C. Goodwin, Administrative Law Judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

1200 New Jersey Avenue, S.E. 

East Building Ground Floor, Room El2-320 

Washington, DC 20590 

(202) 366-2139 - Attorney-Advisor 

(202) 366-5121 - Legal Assistant 

(202) 366-7536 Fax