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 ofF AA 

Special Agent Paul Klimas at the hearing. While it may be true that Martinaire was given 

a copy of this statement with Complainant's EIR disclosure, Martinaire objects to the use 
of this statement at hearing for the reasons specified in this Response. 

First, Complainant has identified Special Agent Klimas as one of its witnesses 

who will testify on Complainant's behalf at hearing. As Mr. Klimas will be present and 

will testify under oath, this written statement, which was not given under oath or penalty 

of perjury, 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 NO PIC errors have already been 

established. The sole issues remaining are whether the cited HMR' s have been violated 

and sanction. Neither of these issues have been addressed in Mr. Klimas' statement. 

For the foregoing reasons, Respondent asks that the Administrative Law Judge 

deny Complainant's Motion and issue an Order precluding Complainant's use of Mr. 

Klimas' written statement. 

Dated this 12th day of June, 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 EXHIBIT 
05/12/2014 15:19 15505730458 MLDCLH 

of this statement at hearing for the reasons specified in this Response. 

First, Complainant bas identified Special Agent Klimas as one of its witnes$es 

who will testify on Complainant's behalf at hearing. A~ Mr. Klimas will be presen1 and 

will testify under oath, tWs written statement, which was not given under oath or ~alty 

of petjury, and which was not subject to cross examination, is toially Uilllecessary. mle 

best evidenco;: will be Mr. Klimas' testimony under oath, which will be subject to crossexamination and which will afforo the Administrative Law 1udge the opportunity t~ 

observe his demeanor and make a credibility detemlination. 

Second, Mr. Klimas' statement goes to the facts (i.e., the NOPIC errors) that have 

been alleged in the Complaint. As the Administrative L~w Judge has alteady grante<;l 

Complainant's Motion for Decision as to the facts, the :NOPIC errors have alreadyjbeen 

established. Th~ sole issues remruning are whether the cited HMR.' s have been violated 

and sanction. Neither of these isrues have been addressed in Mr. Klimlll!' stateme~t. 

For the foregoing reasons, Respondent ask:> that the Administrative Law Jlflge 

deny Complainant's Motion and issue an Order precluding Complainant's liSe oJ:J'¢r. 

Klimas' writtw statement. 

Dated this 12th day of Jll.ll.e, 2014 

2 

i ael L. Dworki' 

Attorney for Respon 

MARTINAIRE AV 

FAA Case No. 2.01 JSW700!89/FAA Docket No. fAA-2013-01)40 

MARTtNAlRE AVIATION, LLC'S RESPO!'!Slt AND OB.l£CTIONS TO 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 of June, 2014, a true and correct 

copy of the 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 of Hearings, 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 2Wl 000 

{Federal Express} 

James Archier, Esq. 

Federal Aviation Administration 

Office of the 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