### Michael L. 

### Dworkin (CA Bar# 64047) MICHAEL L. 

### DWORKIN and ASSOCIATES 465 California Street, Suite 210 San Francisco, CA 94104 Telephone: 415-421-2500 FAX: 415-421-2560 Email: law@avialex.com Counsel for MARTINAIRE AVIATION, LLC 

# RECEIVED JUN 1 3 2014 

## HEARING DOCKET

UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS

WASHINGTON, D.C.


### In the Matter of:

MARTINAIRE AVIATION, LLC FAA Case No. 2011SW700189 DMS No. FAA-2013-0040 MARTINAIRE AVIATION, LLC'S RESPONSE AND OBJECTIONS TO COMPLAINANT'S MOTION TO ADD AN EXHIBIT 

### Judge: The Honorable Richard C. Goodwin

TO THE DEPARTMENT OF TRANSPORTATION, THE HONORABLE RICHARD C. GOODWIN, ADMINISTRATIVE LAW mDGE, AND TO THE ADMINISTRATOR, FEDERAL AVIATION ADMINISTRATION AND HIS ATTORNEYS OF RECORD: MARTINAIRE AVIATION, LLC, (hereinafter "Martinaire") responds and objects to Complainant's Motion to Add an Exhibit, dated June 11, 

### 2014, and received by Martinaire's undersigned counsel on June 12,2014. Complainant's Motion seeks to utilize a written unsworn statement ofFAA Special Agent Paul Klimas at the hearing. While it may be true that Martinaire was given
a copy ofthis statement with Complainant's EIR disclosure, Martinaire objects to the useofthis statement at hearing for the reasons specified in this Response. First, Complainant has identified Special Agent Klimas as one ofits witnesses who will testify on Complainant's behalfat hearing. As Mr. Klimas will be present and will testify under oath, this written statement, which was not given under oath or penalty ofperjury, and which was not subject to cross examination, is totally unnecessary. The best evidence will be Mr. Klimas' testimony under oath, which will be subject to crossexamination and which will afford the Administrative Law Judge the opportunity to observe his demeanor and make a credibility determination. Second, Mr. Klimas' statement goes to the facts (i.e., the NO PIC errors) that have been alleged in the Complaint. As the Administrative Law Judge has already granted Complainant's Motion for Decision as to the facts, the NOPIC errors have already been established. The sole issues remaining are whether the cited HMR's have beenviolated and sanction. Neither ofthese issues have been addressed inMr. Klimas' statement. Forthe foregoing reasons, Respondent asks that the Administrative Law Judge deny Complainant's Motion and issue an Order precluding Complainant's use ofMr. Klimas' written statement.
Dated this 12th day ofJune, 2014

2 Respectfully submitted, 

# /S/(J/eare .reealft(c/J.ed Michael L. Dworkin Attorney for Respondent MARTINAlRE AVIATION, LLC

FAA Case No. 2011SW700189/FAA Docket No. FAA-2013-0040 MARTINAIRE AVIATION, LLC'S RESPONSE AND OBJECTIONS TO COMPLAINANT'S MOTION TO ADD AN EXHIBIT05/12/2014 15:19 15505730458 MLDCLH

ofthis statement at hearing for the reasons specified in this Response. First, Complainant

### bas identified Special AgentKlimas as one of

### its witnes$es 

### who will testify on Complainant's behalfathearing.**A~** Mr. Klimas will bepresen1 

### and will testify under oath, tWs written statement, which wasnot given under oath or**~alty** ofpetjury, 

### and which was not subjectto cross examination, is toiallyUilllecessary. 

### mle best evidenco;: will be Mr. Klimas' testimony under oath, which will be subject to crossexamination 

### andwhich will 

### afforo the Administrative Law 1udge the opportunity**t~** observe his demeanor and make a credibility detemlination. Second, Mr. Klimas' statement goes tothe facts (i.e., the NOPIC errors) thathave been alleged in the Complaint. Asthe Administrative

### L~w Judge has alteady 

### grante<;l Complainant'sMotion

### for Decision as to thefacts, the :NOPIC errors have alreadyjbeen established.**Th~** sole issues 

### remruning are whetherthe cited 

### HMR.'s have been violated and sanction. Neither ofthese isrues have beenaddressed 

### in

### Mr. Klimlll!'

### stateme~t. Fortheforegoing reasons, Respondent ask:> that the Administrative LawJlflge deny Complainant's Motion andissue an Orderprecluding Complainant's liSe oJ:J'¢r. Klimas' 

### writtw statement.
Datedthis 12thday ofJll.ll.e, 2014

2 i ael L. Dworki' Attorney for 

### Respon MARTINAIRE AV

FAA CaseNo. 2.01 JSW700!89/FAA DocketNo. fAA-2013-01)40 MARTtNAlRE AVIATION, LLC'S RESPO!'!Slt AND OB.l£CTIONSTO CO P**N~NT'S** MO'J'TON TO ADD AN EXmBIT**1~/10** :J9\Id**8055~ GN~** **NI~~OMa** PAGE 01/01

### CERTIFICATE OF SERVICE 

### The undersigned hereby certifies that on this

### /~ay ofJune, 2014, a true and correct copy ofthe foregoing MARTINAIRE AVIATION, LLC'S REBUTTAL TO COMPLAINANT'S RESPONSE TO THREE SEPARATE MOTIONS IN LIMINE



### was served as follows: The Honorable Richard C. Goodwin Office ofHearings, M-20 1200 New Jersey Avenue, S.E. East Building Ground Floor, Room El2- 320 Washington, D.C. 20590 {Federal Express} 

### Federal Aviation Administration 800 Independence Avenue SW Washington, DC 20591 Attn: Hearing Docket Clerk, AGC-430 Wilbur Wright Building- Suite 2Wl000 {Federal Express} 

### James Archier, Esq. Federal Aviation Administration Office ofthe Regional Counsel, ASW-7 2601 Meacham Boulevard, Suite 6E Fort Worth, TX 76137{Federal Express}



### CAITLIN M. MILLER**..r~** FAA Case No. 2011SW700189/FAA Docket No. FAA-2013-0040 MARTINAIRE AVIATION, LLC'S RESPONSE AND OBJECTIONS TO COMPLAINANT'S MOTION TO ADD AN EXHIBIT