SERVED JUNE 26,2013 

## u.s. DEPARTMENT oF TRANSPORTATioR

# E CE

# I VE0 OFFICE OF HEARINGS 

## JUN 

## 2 

## ? 2013 WASHINGTON, D.C.

IN THE MATTER OF TRANS NORTH AVIATION, LTD FAADOCKET NO. (2012-GL-03-0012) (Civil Penalty Action) FDMS No. FAA-2013-0046

APPLICATION FOR SUBPOENA 

## HEARING DOCKET

Trans NorthAviation, LTD, Respondent, byits undersigned counsel, requests the issuance ofa subpoena duces tecumto American Medical Response Ambulance for the information as set forth below and in support ofthis application states as follows: 1. Onthe date ofthe flight which is the focus ofthis appeal, the Respondent was to pick up a patient at a Florida airport. 2. There was a delay resulting inthe patient arriving at the aircraft later than planned. 3. The resultant delay caused or contributedto the extension ofthe planned crew duty day. 4. The Patient Care Report in the custody ofAmerican Medical Response Ambulance may contain information as to reason for and the length ofthe delay. 5. The documents sought by TransNorth Aviation are not only specifically relevantto the matters before this Court, but the documents sought are reasonable intheir scope. 6. The specific entity that Trans North Aviation, LTD requests subpoena duces tecum issue to is:

American Medical Response Ambulance 530 S. Main Street, Suite I041 Akron, OH 44311
7. The specific documents Trans NorthAviation, LTD requests are contained inthe attached rider. 8. All documents produced incompliance withthe requested subpoena will be produced to counsel for the Administrator.
WHEREFORE, the Respondent, Trans North Aviation, LTD prays for an order from this Court granting this Application for the Issuance ofSubpoenaDuces Tecum to the entity referenced above, for the materials as referenced above, together with such other reliefas this court deemsjust and appropriate.

Dated: June 26,2013
Respectfully submitted,
BARNETT & BORTH, LLC

# ~ Counsel for Respondent Barnett & Borth, LLC 800Waukegan Road Suite 200 Glenview, IL 60025 Tel. (847) 724-5520 Fax (815) 356-7042RIDER TO SUBPOENA DUCES TECUM TRANS NORTH AVIATION, LTD. FAA DOCKETNO. (2012-GL-03-0012) FDMS No. FAA-2013-0046
A. Any and all handwritten or typed orprinted documents ofany type, including, but not linrited to: notes oftelephone conversations, telephone logs, file notes, workpapers, business records, calendars, charts, computer printouts, computer tapes, correspondence, diary entries ornotations, displays, drafts, exhibits, files, fihns, summaries ofinvestigations, invoices,journals, laboratory reports, letters, memos, notes, preliminary notes, packaging materials, photographic slides, photographs, proofofmailing, receipts, recordings, records, shipping documents, statements, study notes, summaries, workpapers, records, documents, notations, attachments, exhibits, test results, contracts and written agreements pertaining to, relating to, or involved with, either directly or indirectly, American Medical Response Ambulance Patient Care Report 9011438220000 concerning patient JOHN BIALEK with a November 28, 2011 date ofcall. 

### B. Any and all documents inyour possession identifying the names and addresses and employer ofindividuals involved American Medical Response Ambulance Patient Care Report 9011438220000 concerning patientJOHN BIALEK with a November 28, 2011 date ofcall.CERTIFICATE OF SERVICE The undersigned certifies that the foregoing Application for Subpoena was served via facsimile and FedEx overnight deliver as follows: ORIGINAL AND ONE COPY Federal Aviation Administration 600 Independence Avenue, S.W. Wilbur Wright Building-Suite 2Wl000 Washington, DC 20591 Attention: Hearing Docket Clerk, AGC-430 FAX: 202-493-5142 ONE COPY Jeanette Daubaras, Complainant's Counsel Great Lakes Region, AGL-7M Federal AviationAdministration 2300 East Devon Avenue Des Plaines, IL 60018-4696 TEL: 847-294-7713 FAX: 847-294-7498 The Honorable Richard C. Goodwin,Administrative Law Judge Office ofHearings, M-20 1200 NewJersey Avenue, S.E. East Building Ground Floor Room E12-320 Washington, DC 20590 TEL: 202-366-2139 Attorney-Advisor 202-366-5121 Legal Assistant FAX: 202-366-7536
Dated this 26'h day ofJune, 2013.

# ~/ Attorney for Respondent