### U.S. DEPARTMENT OF TRANSPORTATION FEDERALAVIATIONADMINISTRATION OFFICE OF HEARINGS WASHINGTON, DC 

# R'E,CE,VED MAY

## t**~**

## 2013 

## HEARINGDOCKET

In theMatter of: FAADOCKET No. FAA-2013-0040 MartinaireAviationLLC Respondent

JUDGE GOODWIN FAA CaseNo.2011SW700189 (Civil PenaltyAction) FDMS No. FAA-2013-0040



### COMPLAINANT'S FIRST SET OF INTERROGATORIES
NOW COMES the FederalAviationAdministration (hereinafter "FAA") pursuant Rule 209 of the Rules of Practice in FAA Civil PenaltyActions, 14 C.F.R. § 13.209, and Complainant hereby requests MartinaireAviation LLC, to answer the following interrogatories fully and separately in writing under oath within thirty days of service. DEFINITIONS 1. ''You" and ''your" refer toMartinaireAviationLLC, (hereinafter "Martinaire") and each of its affiliates, attorney, accountants, divisions, subdivisions, predecessors, directors, officers, employees, agents, representatives and all persons acting or purporting to act on its behalf. 2. "Document" means anywriting or recording as defined in Rule 1001 of the Federal Rules of Evidence, including any drafts, revisions and computer-readablematerial. If a document has been prepared in several copies which are not identical, or if the original identical copies are no longer identical by reason of subsequent notation or othermodification of any kind whatsoever, including, but not limitedto, notations on the backs of pages thereto, each non-identical copy is a separate document. "Document" shall also include any data compilation from which information canbe obtained or translated if necessaryby you through detection devices into reasonably usable form.3. "Personff includes, without limitation, any natural person, proprietorship, corporation, partnership, trust, joint venture, association, organization, business entity or governmental agency. 4. "Relating toff and "relates toff mean, without limitation, relating to, constituting, concerningmentioning, referring to, describing, summarizing, evidencing listing, relevant to, demonstrating, or tending to prove, disprove, or explain. 5. "Andff and "orff shall be construed either disjunctively or conjunctively as necessaryto bring within the scope of the discovery request all responses thatmight otherwisebe construed tobe outside its scope. 6. The use of the singular includes the plural, and vice versa. 7. The use of one gender includes all others, appropriate in the context. 8. "Identifyffmeans and requires you to state: (a) With respect to a person, his or her name, address, telephone number, employer andjobtitle. (b) With respect to a document, the name and address of its author or maker, the names and addresses of all persons who were addresses, the date onwhich it was created ormade, the nature of the document andthe substance of the information or communication set forth in the document. (c) With respect to a tangible or demonstrative thing, a sufficientlygraphic description to distinguish it from other tangible or demonstrative things of the same class or type. (d) With respect to conversations and written or oral communications: (i) The date onwhich each conversation or communication occurred. (ii) The persons making such conversation or communication. (iii) The substance of the conversation or communication. (iv) The names and addresses of everypersonpresent when the conversation or communication occurred. 

### 2(v) The place where the conversation occurred. INSTRUCTIONS 1. If you discover new information, you are obligatedto supplement your responses to these interrogatories no later than thirty days after the discoveryof the further information and in no event laterthan fifteen days before the first day of trial. 2. If you object to furnishing any information requestedby these interrogatories on the grounds of privilege, workproduct or otherwise, your response should state the existence of the information, document or communication, identifythe specific grounds on which your objection is based, and identify the information objected to by furnishing its date, participants (e.g., names of speakers, authors, addressees) and a general description of the nature, rather that the substance, of the purportedlyprivilegedinformation. If the information objected to contains relevant non-objectionablematter, you should disclose it. 3. The relevant time period of these interrogatories is from January 1, 2009 to date and shall include all information, which relates or refers to this period unless another time orperiod is specifically referredto in an interrogatory. 4. If you cannot furnish exact data, such as dates, periods or amounts, supply estimated data to the extent possible and indicate that the data is estimated. 

### INTERROGATORIES Interrogatory# 1: Identifythe name, address, telephone number, and position of eachperson answering or assisting in answering these interrogatories. Interrogatory# 2: Identifythe name, address, andtelephone number of eachperson, other than expert witnesses, that you will ormay call as witnesses at trial and summarize the expected testimony. Interrogatory# 3: Identifybyname, address and telephone number all persons who have personal knowledge of the Notification ofpilot-in-commanddocuments alleged in Complainant's Complaint. 

### 3Interrogatory# 4: Identify numbers all persons who have affirmative defenses allegedbyname address and telephone personal knowledge of your in yourAnswer. Interrogatory# 5: Identifybytitle, date, author, present custodian and content all documents obtainedby you or in your possession relating to the assertions inMartinaire's Answer, including affirmative defenses. Interrogatory# 6: Identify the name, address, telephone, number, and specialty of eachperson you expect to call as an expert witness at trial, and for each expert identified, state the subject matter of his or her testimony and the substance of the facts and opinions to which the expert is expected to testify. Interrogatory# 7: Identify the amount of net income Martinaire earnedduring 2010, 2011, 2012 and 2013. Interrogatory# 8: Explain the factual basis for each denial in Martinaire's Answer to Complainant's complaint. Interrogatory# 9: Identify the employees in theMartinaire, Texas who received the following training: (a) General awareness/familiarization training;, (b) Function-specifictraining; (c) SafetyTraining; (d) Security awareness training; (e) In-depth security training.



### 4Respectfully submittedthis 13iliday ofMay 2013.

ERIC E. ANDERSON Regional Counsel Southwest Region



### 5CERTIFICATE OF SERVICE Re: MartinaireAviation, LLC, FAA CaseNo. 2011SW700189
I hereby certify that on this date, I have sent via Federal Express and fax a true copy of the Complainant's First Setof Interrogatories andRequest to Produce addressed as follows to: Mr. Michael L. Dworkin andAssociates Law Offices 465 California Street, Suite 210 San Francisco, California 94104-1808 (FAXand Federal Express) Federal AviationAdministration Attn: Hearing Docket Clerk, AGC-430 WilburWright**Building~Suite** 2W1000 800 IndependenceAvenue SW Washington, DC 20591 (Original plus one copy) (Federal Express) The Honorable Richard C. Goodwin Administrative Law Judge Office of Hearings, M-20 Department of Transportation 1200 New JerseyAvenue, S.W. Washington, DC 20590 FAX: 1-202-366-7536 (FAX and Federal Express)

ERIC E. ANDERSON Regional Counsel Southwest Region

Archier, Agency (817) 222-5074

6 Dated: May 13, 2013