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u • I u I I't \~ n n 

• •HSPORT/VlK)H 

Michael Selig.MaFACC. :•:': OPERA!lUNo 

2816 0refieldRoad 

Allentown. PA. 181G4 ^H! FES-U A *^: 00 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHJNGTON, D.C. 

Federal Aviation Administraflon 

Cynthia Dominik, Laura Ponto, 

''^Compla^iantT^ Honorable Judge Ronnie Yoder 

V, Federal Docket. No: 2010-1211 

M & R Helicopters, LLC. 

Respondent 

MOTION FOR DEPOSITION OF CYNTHIA DOMlNlKAT GALLAGHER REPORTING. ALLENTOWN, PA, 

AND NOW, comes respondent, MICHAEL B. SELIG, MD, FACC , principle 

for MR Helicopters, LLC, (MRH) (non-operational since 2007) whom avers and 

files the following MOTION to Depose Cynthia Dominik. Esq. under Rule §13.225 

for a pre trial examination at Gallagher Reporting, Allentown. PA 18101, 

1. Throughout this litigation, complainants have failed to plead to 

specific number allegations and thereby making admissions of truth, 6y failure 

to address the specific pleadings and thereby evading and circumventing 

respondent's specific allegations, complainants have indubitably and injuriously 

propagated redundant and iterate pleadings for a case that appeored void ab 

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initio. 

2. Throughout this litigation, the complainants have refused to address 

specific enumerated paragraphs in breach of Federal Rule 10(b). By failure to 

address a pleading that then deems that allegation an admission of the truth lo 

that pleading under § 13.20a(f). 

3. Throughout this litigation, complainants have not pleated facts with 

sufficient specificity and in accordance to standard practices. The purpose of 

these practices is to confine the pleading party proof to only those acts olleged, 

thus enabling a responding party to prepare their defense', 

4. Throughout this litigation, complainants filed late responses to 

motions past Ihe 10 day deadline motion period under § Rule 13,2ie(d), and 

have not used objective octuat dates of signed service when available in 

attempts to impair the dignity of this court, 

5. The Respondents Motion to Quash, Strike or Dismiss Complaint, with 

associated brief was foxed to Mr Pontos department on November 29, 2010, 

sent by mail on November 30, 2010. The due date was December 9, 2010. An 

objection or response was not received or served until December 13, 2010, past 

the due date under § Rule 13.218(d] (Exhibits olready presented In the 

Respondents Reply to Complainants Response to Judgment to Dismiss Faxed 1-

18-11). 

6. On November 30, 2010, respondents Motion to Strike Allegation was 

'Baker V Kangos, 324 A.2<1498, 505 (Pa Super Cl. 197d 

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faxed and sent to Ms Pontos department to which no objection or answer v^as 

received v^ithin the 10 day deadline under § Rule 13.218(d) , A late answer was 

also provided in the collaborative correspondence received on December 13, 

2010. 

7. Ms Ponto failed to present any requested evidence as to when the 

response wos actually received in her response to this matter. A subjective date 

was indicated on the document Itself as to when it was drafted, does not 

represent an actual date of service or signed authorization of receipt. 

8. Ms Dominik of the FAA enforcement division of the chief counsel 

called respondent directly to his personol cell phone admitting that the 

complainants could not file responses within the 10 day deadline period, would 

be in breach of this regulation and thereby reauested a continuance directjy to 

respondent. Exhibit 1 shows call log of respondent's telephone showing Ms 

Domlniks number 202-267-7560. 

9. Respondent refused a continuance and requested the case be 

dismissed on these grounds. 

10. Ms Pontos defense is that she never filed a formal continuance, 

knowing that respondent already denied her verbal request in the teleptione 

inquiry by Ms Dominik. 

11. At no time did Ms Ponto address, respond or admit to this statement 

of fact with submitted proof, as has been her practice to evade and circumveni 

items not convenient to address. 

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12. Further pre-trial examination is now required. 

13. Respondent is a solo, private practice cardiologist an d requires that 

the pre-trial deposition of Ms Dominik to be held at: 

Gallagher Reporting and video, LLC, 

1600 Lehigh Parkway East, Suit 1H 

Allentown, PA 18103 

as to not affect his clinical responsibilities, pose inconvenience or delays to his 

neutral party patients, in serving the community or put him at undue risk for 

liability or malpractice. 

14. Complainants prior submitted dates ca n be utilized for this 

deposition, 

) 5. Alternatively, Ms Dooiinik ca n submit o written statement or 

stipulation that: 

a. she indeed called the respondent. 

b. she did note that the complainants would b e unable to submit within 

the timeframe. 

c. a continuance was requested on the respondent. 

WHEREFORE, the respondent prays that this Honorable Court will gront the pretrial deposition of Ms Dominik at the Allentown, P A location if she chooses to not 

submit a written statement of fac t to the above call an d discussion. 

Respectfully Submitted, 

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vw^!/^U M J ' isrifl ^ttx 1^0010/0012 

Michael B, Selig, MD, FACC. 

Date 

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FAA 

* DMS 0006/00 7 

ISOOII/0012 
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FAA + DMS @j007/007 

]0012/0012 

U.5. DEPARTMENT OF TRANSPORTATION 

Federal Aviation Admlnlslratlon 

Cynthia Dominik, Laura Ponto, 

Latonya Williams 

Complainants 

M & R Helicopters, LLC. 

Respondgnj 

Honorable Judge Ronnie Yoder 

Docket: 2010-1211 

CERTIFICATE OF SERVICE 

HEREBY CERTIFY that I have This day served Ihe foregoing entrie(s): 

Dismissal or Procedurol schedul e Letter 

MOTION FOR DEPOSITION QF CYNTHIA DOMINIK. 

AT GALLAGHER REPORTING, ALLENTOWN. PA. 

upon all parties of record in this proceeding, in accordance wifh th© requirements of Rule 29 

pursuant to 28 U. S. C. § 1746 . 

Service bv first-class mail, DOstOQg prepaid, addressed as, follows: 

Fedora! Aviation AdminislraHon 

800 Independence Avenue. SW 

Wilbur Wright Avenue-Suite 2WI0OO 

Washington, D.C, 20591 

Att: Hearing Docket Clerk, AGC-430 

1/FAX 202 493 5142 

Laura Ponto, Esq. 

Enforcement Division/AGC-300 

Office of the Chief Counsel 

FAA 

800 Independence Avenue, SW 

Washington, DC 20591 

^/TAX 202 267 5106 

The Honorable Ronnie A. Yoder 

US Department of Transportation 

Office of Hearings, M-20. Room £12-320 

1200 New Jersey Avenue. S.E. 

Washington, DC 20590 

t/FA X 202 366 7536 

By:_ 

Michoel B, Solig. MD, FACC 

2816 Orefield Road 

Allentown, Pa. 18104 

610 360 3953 

Date: 

,A^' w^ 

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