### U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS

WASHINGTON, D.C. 

# RECEIVED DEC 2 72016 HEARING DOCKET In

### the matter of: ) ) ) ) ) ) 

### FAADocketNo. FAA-2013-1086 Case No. 2011S0190181 PUERTO RICO POLICE DEPT. Judge J.E. Sullivan Respondent
MOTION TO COMPEL 

### On November 1, 

### 2016, the FAA served discovery requests on Respondent. Respondent has not provided any response to those discovery requests. Accordingly, the FAA moves to compel Respondent to respondto the discovery requests. On October 13, 2016, the Judge issued an Order Setting Litigation Dates and Procedures. Among other things, that Order provided for discovery to commence on November 1, 2016. Order

**~** 

### 2. The Order required that discovery responses be responded to within 30 days after service. 

### !d. On November 1, 2016, the FAA served discovery requests on Respondent. Exhibit

### A. The first paragraph ofthose discovery requests reminded Respondent that itneededto respond to the requests within 30 days ofthe date ofreceipt. Id 

### at 1. Respondent received the discovery requests on November 9, 2016. See 

### Exhibit B. Respondent did not timely respond to the discovery requests. On December 15, 2016, the undersigned sent an e-mail both attorneys representing Respondent about the non-response to the discovery requests. Exhibit C. As ofthis date, the undersigned has received no response to this e-mail. As ofthis date, Respondent has providedno discoveryresponses. Respondent should be compelled to provide discovery responses to the November 1, 2016, discoveryrequests.

1Respectfully submitted this 20111 day ofDecember, 2016,

# ~~----- CH;:TOPHERR1TEVENSON Attorney Office ofthe ChiefCounsel, Enforcement Division 1701 Columbia Avenue, College Park, GA 30337 

### email:

# chris.ste\TensO!l@faa.gov
.. . Telephone: (404) 305-5200 (main) (404) 305-5208 (direct) (404) 305-5223 (facsimile)

2RULE 37 CERTIFICATION I hereby certify that I have in good faith conferred with Respondent in an effort to obtain the discovery responses sought without the intervention of the Court. After not receiving Respondent's discovery responses and allowing additional time for mailing, I contacted both attorneys representing Respondent. That e-mail is attached as Exhibit C. Respondent has not respondedto the December 15, 2016 e-mail, and has not provided any response to the November I, 2016 discovery requests. Since the .FAA believes it is entitled to receive discovery responses, and Respondent has declined to provide them, the parties are unable to agree on a resolution of the subject ofthis motion.

CHRISTOPHER 

### R. STEVENSON Attorney Office ofthe ChiefCounsel, Enforcement Division

3CERTIFICATE OF SERVICE Ihereby certify that on this date, Ihave sent by U.S. Certified Mail- returnreceipt requested, a copy ofthe foregoing Motionto Compel inthe matter ofPuerto Rico Police Department, FAA DocketNo. FAA-2013-1086, CaseNo. 2011S0190181, to: Nazihra M. Abdulrahrnan Soler Office ofLegal Affairs Puerto Rico Police Department P.O. Box 71200 SanJuan, PR 00936 fax: (787) 781-7993 The Honorable J.E. Sullivan Office ofHearings, M-20 U.S. Department ofTransportation (one copy via certified mail and one facsimile)

1200 NewJersey Avenue, S.E. (Ell-310) Washington, D.C. 20590 In addition, I hereby certify that on this date, I have sent by U.S. Certified Mail- return receipt requested, the original and one copy ofthe foregoing document to: Hearing Docket Federal AviationAdministration 800 Independence Avenue, SW Washington, DC 20591 Attn: Hearing Docket Clerk, AGC-430 Wilbur WrightBuilding- Suite 2Wl000



# ~~£ Program Analyst

Date:

4In the matter of: U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS

WASHINGTON, D.C.
FAADocket No. FAA-2013-1086 CaseNo. 2011S0190181 PUERTO RICO POLICE DEPT. ) ) ) ) ) ) Judge J.E. Sullivan Respondent
FAA'S FIRST DISCOVERY REQUESTS Pursuant to the provisions of 14 CFR § 13.220 andthe Judge's Scheduling and Procedures Order, please respond to the following Interrogatories, Requests for Production of Documents, andRequests for Admission separately and fully under oath within 30 days from your receipt ofthis request. This request is intended to discover information and/or documents not only within your personal knowledge or obtainable by you, but also information in the possession ofor obtainable by your attorneys, investigators, representatives, employees, agents, or anyone acting on your behalfor on theirbehalf. Each interrogatory shall be answered separately and fully in writing under oath, unless it is objected to, in which event the reasons for objection shall be stated in lieu ofan answer. You may respond to the Requests for Production by producing true and accurate copies ofthe originals to the undersigned. Ifyou refuse to produce any documents or other evidence on the basis ofprivilege or other objection, identifY specificallythe items withheld from production. Each response shall be continuing in nature so as to require you to file supplemental responses in the following circumstances: a) When you become aware ofa fact or the identity and location ofany document that is not identified in your original response; b) When your original response was initially correct, but subsequently rendered incorrect orinaccurate based upon information discovered after the original response is prepared. Ifyour answer to any interrogatory is "N/A" or "Not Applicable," describe in detail your reasons for making such reply. In reply to any interrogatory, do not merely state, "see attached records" unless you have no additional memory ofthe matters referred to in the interrogatory. If youhave any additional memory ofthe relevant events, describe it in detail.

GOVERNMENT EXAlTDefinitions "Documents" include, without limitation, notes, memoranda, invoices, work orders, receipts, reports, letters, audio and video tapes, photographs, facsimiles, transcripts, written statements, records ofconversations, computer disks or tapes, e-mails, and othertangible or intangible materials. "You" or "your"refers to Respondent, Puerto Rico Police Department. "Identify," when referring to persons, requires you to provide the full name, address, telephone number (business and residence, where available) and any other informationpertinent to locating such person. When pertaining to an object or place, "identify" means to provide the name, location orotherdescriptionofsuchobject orplace. "This matter" refers to the events and circumstances underlying the allegations setforth inthe Complaint, including amendments and other additions to the Complaint. "Maintenance" includes all concepts defined as maintenance inthe federal aviationregulations (includingrepairs and inspections), and also alterations andpreventative maintenance. Interrogatories I. For eachperson listed inyour initial disclosures, describe in detail that person's knowledge ofand involvement withthis matter, including not limited to whatmaintenance or operations that personperformed, whatknowledge ofthe situationthat person has, and any communications thatperson had with others about the situation. 2. Foreach allegation in the Complaintthatyou deny, please state with specificity the basis (whether factual and/or legal) for that denial. 3. Ifyou assert that the penaltyproposed in this case is inappropriate even ifthe FAA proves the allegations inthe Complaint, please state with specificitythe basis for that assertion, whether factual and/or legal. 4. Describe in detail the circumstances and course ofthe flight onNovember 9, 2010, and all arrangements prior to, during, and after the flight, including (butnot limited to) the status of all discrepancies on the aircraft, the purpose ofthe flight, andthe personnel involved in the flight. 5. Describe in detail the circumstances and course ofthe flight onFebruary 10, 2011, and all arrangements prior to, during, and afterthe flight, including (but not limited to) the status of all discrepancies on the aircraft, the purpose ofthe flight, and the personnel involved in the flight. 6. Describe in detail the circumstances and course ofthe flight on February !8, 201 I, and all arrangements prior to, during, and after the flight, including (but not limited to) the status of



### 2

### all discrepancies on the aircraft, the purpose ofthe flight, and the personnel involved in the flight. 7. Describe in detail the circumstances and course ofthe flight onMarch 3, 2011, and all arrangements priorto, during, and after the flight, including (butnot limited to) the status ofall discrepancies on the aircraft, thepurpose ofthe flight, andthe personnel involved inthe flight. 8. Describe in detail each and everymaintenance action taken orperformed onN136PD from August 31, 2010 through March 3, 2011 (inclusive), including but not limited to maintenance actions with regards to the autopilot, ELT battery, navigation VOR, attitude indicators, HIS, transponder, andflux valves. 9. Identify and describe indetail allmechanical ormaintenance records createdwith regards toN136PD from August 31, 2010 through March 3, 2011 (inclusive), including but not limited to discrepancy write-ups, clearance ofdiscrepancies, work orders, informal notes, and maintenance sign-offs. 10. IdentifY eachperson you may call as a witness athearing inthis matter, identifY the subject oftheirtestimony, and summarize the substance oftheirexpected testimony. 12. For each interrogatory, request for production and request to admit, identify the individuals aiding in responding to that request. 13. Ifyou deny any request for admission, state with specificity the basis for that denial. 14. State with specificity your understanding ofthe phrase "hovering flights associated with the maintenance ofthe aircraft," and why this would negate a charge thatthe aircraft was unairworthy. 15. For the period from August 31, 2010 through March 3, 2011, state with specificity the dates on which N136PD was airworthy, and the dates onwhich it was not. Requests for Production 

### With respect to each oftherequest for production below, you need not produce an additional copy ofany document thatwas contained in the EIRin this matter, but should identify any such document that is not beingproduced and whichrequest for production it is responsive to. I. Please produce each and every document referred to inyour initial disclosures. 2. Please produce any document referenced in your interrogatory responses. 3. Please produce any document you may use as evidence in this matter. 4. Please produce any document used, relied upon, or referred to in answering the interrogatories orrequests to admit.

35. Please produce all documents relating to Nl36PD's operation from August 31, 2010 through March 3, 2011 (inclusive), including copies ofall communications (letters, e-mails, text messages, or otherwise) concerning the operationofN136PDfrom August 31, 2010 through March 3, 2011 (inclusive). 6. Please produce all documents related to N136PD's maintenance status from August 31, 2010 through March 3,2011 (inclusive), including copies ofall communications (letters, e-mails, text messages, or otherwise) concerningthe maintenance status ofN!36PD from August 31, 2010 throughMarch 3, 2011 (inclusive). 7. Please produce all documents generated by any investigationrelated to the operation or maintenance ofNI36PDfrom August 31, 20I0 throughMarch 3, 2011 (inclusive), including but not limitedto any internal investigation into involved personneL Requestto Admit I. Admit that, on or about August 31,2010, aninoperative autopilot was noted on NI36PD. 2. Admitthat, on or about August 31,2010, aninoperative ELT battery was noted on N136PD. 3. Admit that, onoraboutAugust 31, 20I0, an inoperative navigationVORwas noted on N136PD. 4. Admitthat, on or about August 31,2010,two inoperative attitude indicators were noted on N136PD. 5. Admit that, on or about August 31,2010, an inoperative HSI was noted onN!36PD. 6. Admitthat, on or about August 31, 20I0, an inoperative transponder was noted on N136PD. 7. Admit that you operated N136PD onNovember 9, 2010. 8. Admit that, betweenNovember 9, 2010 and February 10, 2011 you had the flux valves removed from N!36PD. 9. Admitthat you operatedNl36PD on February I0, 2011. 10. Admitthat you operated NI36PD on February 18, 2011. II. Admitthat you operated N136PD on March 3, 2011.



### 4

### s)- Respectfuuy submittedthis_\_day ofNovember, 2016,

Enforcement Division

CERTIFICATE OF SERVICE Ihereby certifythat a copy ofthe foregoing FAA's First Discovery Requests has been sent this date by the following methods:
one copy via certified mail and facsimile: Nazihra

### M. Abdulrahman Soler Office ofLegal Affairs 

### 7015 3430 0001 0512 5584 Puerto Rico Police Department P.O. Box 71200 San Juan, PR00936 fax: (787) 781-7993

Program Analyst 

## NOV 1**2~:6** Dated



### 5English Customer Service USPS Mobile


## USPS Tracking®

Tracking Number: 70153430000105125584



### Product & Tracking Information Postal Product:

November9, 2016, 10:31 am

November 7, 2016 ,2:17pm November?, 2016 ,2:15pm NovemberS, 2016 , 4:22pm November5,2016 ,4:22am November4,2016 ,9:16am Features: Certified MailTM

Delivered, PO Box

Available for Pickup Arr"1ved at Un'1t In Transitto Destination Departed USPS Facility Arrived at USPS Facility


### Track Another Package Tracking (or receipt) number

HELPFUL LINKS Contact Us Site Index FAQs ON ABOUT.USPS.COM About USPS Home Newsroom USPS Service Updates Forms & Publications Government Services Careers 

# ilJJUSPS.COM*

SAN JUAN, PR 00936

SAN JUAN, PR 00936 SAN JUAN, PR 00936

SAN JUAN, PR 00936 SAN JUAN, PR 00936

Track it

OTHER USPS SITES Business Customer Gateway Posta! Inspectors Inspector General Posta! Explorer National Postal Museum Resources for Developers Still Have Questions? Browse our FAQs ) Register I Sign !n

Get Easy Tracking Updates } Sign upfor My USPS.



### Available Actions

Text Updates
Email Updates

Manage Incoming Packages Track aU your packages from adashboard. No tracking numbers necessary. Sign upfor My USPS'

LEGAL INFORMATION Privacy Policy Terms of Use FOIA No FEAR Act EEOStevenson, Chris (FAA) From: Sent: To: Cc: Subject:
Ms. Lopez Pagan, Stevenson, Chris (FAA) Thursday, December 15, 2016 12:29 PM 'Belmar Lopez Pagan' Nazihra M Abdulrahman Soler Discovery Responses
- Docket No. FAA-2013-1086

According to USPS records, the Puerto Rico Police Department (PRPD) received the FAA's first discovery requests on or about November 9, 2016. As ofthis date, I have not received any response to those discovery requests. Please advise whether a response is en route or forthcoming. Please be advised that, ifthe PRPD does not provide discovery responses, I will need to file a Motion to Compel with the AU. Thank you, Christopher R. Stevenson FAA Office ofthe Chief Counsel Enforcement Division 1701 Columbia Avenue College Park, GA 30337 (404) 305-5208

From: Betmar Lopez Pagan

**[ffigjlj;p:BLopez;f_@pQII~Ji'U2G.9.Q}']** Sent: Tuesday, October 25, 2016 5:48 PM To: Stevenson, Chris (FAA) Cc: Nazihra MAbdulrahman Soler Subject: Initial Disclosures -FAA-2013-1086 Attached please find "Initial Disclosure" in the above referenced case. Cordially, Betmar R. Lopez Pagan Attorney Office of Legal Affairs Puerto Rico Police Department Phone 787-793-1234 x. 2976,3001

1 GOVERNMENT EXHIBIT 

# c_