U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

RECEIVED 

DEC 2 7 2016 

HEARING DOCKET 

In the matter of: 

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FAA Docket No. 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 respond to 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 of those discovery requests reminded Respondent that it needed to respond to 

the requests within 30 days of the date of receipt. 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 of this 

date, the undersigned has received no response to this e-mail. As of this date, Respondent has 

provided no discovery responses. 

Respondent should be compelled to provide discovery responses to the November 1, 

2016, discovery requests. 

1 
Respectfully submitted this 20111 day of December, 2016, 

~~----- CH;:TOPHER R1TEVENSON 

Attorney 

Office of the Chief Counsel, 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) 

2 
RULE 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 

responded to 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 of this motion. 

CHRISTOPHER R. STEVENSON 

Attorney 

Office of the Chief Counsel, Enforcement Division 

3 
CERTIFICATE OF SERVICE 

I hereby certify that on this date, I have sent by U.S. Certified Mail- return receipt 

requested, a copy of the foregoing Motion to Compel in the matter of Puerto Rico Police 

Department, FAA Docket No. FAA-2013-1086, Case No. 2011S0190181, to: 

Nazihra M. Abdulrahrnan Soler 

Office of Legal Affairs 

Puerto Rico Police Department 

P.O. Box 71200 

San Juan, PR 00936 

fax: (787) 781-7993 

The Honorable J.E. Sullivan 

Office of Hearings, M-20 

U.S. Department of Transportation 

(one copy via certified mail and one facsimile) 

1200 New Jersey 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 of the foregoing document to: 

Hearing Docket 

Federal Aviation Administration 

800 Independence Avenue, SW 

Washington, DC 20591 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building- Suite 2Wl000 

~~£ Program Analyst 

Date: 

4 
In the matter of: 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

FAA Docket No. FAA-2013-1086 

Case No. 2011S0190181 

PUERTO RICO POLICE DEPT. 

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) 

) 

) 

) 

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Judge J.E. Sullivan 

Respondent 

FAA'S FIRST DISCOVERY REQUESTS 

Pursuant to the provisions of 14 CFR § 13.220 and the Judge's Scheduling and 

Procedures Order, please respond to the following Interrogatories, Requests for Production of 

Documents, and Requests for Admission separately and fully under oath within 30 days from 

your receipt of this 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 of or obtainable 

by your attorneys, investigators, representatives, employees, agents, or anyone acting on your 

behalf or on their behalf. 

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 of an answer. 

You may respond to the Requests for Production by producing true and accurate copies 

of the originals to the undersigned. If you refuse to produce any documents or other evidence on 

the basis of privilege or other objection, identifY specifically the 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 of a fact or the identity and location of any document 

that is not identified in your original response; 

b) When your original response was initially correct, but subsequently rendered 

incorrect or inaccurate based upon information discovered after the original response is prepared. 

If your 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 of the matters referred to in the interrogatory. If 

you have any additional memory of the relevant events, describe it in detail. 

GOVERNMENT 

EXAlT 
Definitions 

"Documents" include, without limitation, notes, memoranda, invoices, work orders, receipts, 

reports, letters, audio and video tapes, photographs, facsimiles, transcripts, written statements, 

records of conversations, computer disks or tapes, e-mails, and other tangible 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 information pertinent to locating 

such person. When pertaining to an object or place, "identify" means to provide the name, 

location or other description of such object or place. 

"This matter" refers to the events and circumstances underlying the allegations set forth in the 

Complaint, including amendments and other additions to the Complaint. 

"Maintenance" includes all concepts defined as maintenance in the federal aviation regulations 

(including repairs and inspections), and also alterations and preventative maintenance. 

Interrogatories 

I. For each person listed in your initial disclosures, describe in detail that person's 

knowledge of and involvement with this matter, including not limited to what maintenance or 

operations that person performed, what knowledge of the situation that person has, and any 

communications that person had with others about the situation. 

2. For each allegation in the Complaint that you deny, please state with specificity the basis 

(whether factual and/or legal) for that denial. 

3. If you assert that the penalty proposed in this case is inappropriate even if the FAA 

proves the allegations in the Complaint, please state with specificity the basis for that assertion, 

whether factual and/or legal. 

4. Describe in detail the circumstances and course of the flight on November 9, 2010, and 

all arrangements prior to, during, and after the flight, including (but not limited to) the status of 

all discrepancies on the aircraft, the purpose of the flight, and the personnel involved in the 

flight. 

5. Describe in detail the circumstances and course of the flight on February 10, 2011, and 

all arrangements prior to, during, and after the flight, including (but not limited to) the status of 

all discrepancies on the aircraft, the purpose of the flight, and the personnel involved in the 

flight. 

6. Describe in detail the circumstances and course of the 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 of the flight, and the personnel involved in the 

flight. 

7. Describe in detail the circumstances and course of the flight on March 3, 2011, and all 

arrangements prior to, during, and after the flight, including (but not limited to) the status of all 

discrepancies on the aircraft, the purpose of the flight, and the personnel involved in the flight. 

8. Describe in detail each and every maintenance action taken or performed on N136PD 

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, and flux valves. 

9. Identify and describe in detail all mechanical or maintenance records created with regards 

toN 136PD from August 31, 2010 through March 3, 2011 (inclusive), including but not limited 

to discrepancy write-ups, clearance of discrepancies, work orders, informal notes, and 

maintenance sign-offs. 

10. IdentifY each person you may call as a witness at hearing in this matter, identifY the 

subject of their testimony, and summarize the substance of their expected testimony. 

12. For each interrogatory, request for production and request to admit, identify the 

individuals aiding in responding to that request. 

13. If you deny any request for admission, state with specificity the basis for that denial. 

14. State with specificity your understanding of the phrase "hovering flights associated with 

the maintenance of the aircraft," and why this would negate a charge that the 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 on which it was not. 

Requests for Production 

With respect to each ofthe request for production below, you need not produce an additional 

copy of any document that was contained in the EIR in this matter, but should identify any such 

document that is not being produced and which request for production it is responsive to. 

I. Please produce each and every document referred to in your 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 or requests to admit. 

3 
5. Please produce all documents relating to Nl36PD's operation from August 31, 2010 

through March 3, 2011 (inclusive), including copies of all communications (letters, e-mails, text 

messages, or otherwise) concerning the operation ofN136PD from 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 of all communications (letters, e-mails, 

text messages, or otherwise) concerning the maintenance status ofN!36PD from August 31, 

2010 through March 3, 2011 (inclusive). 

7. Please produce all documents generated by any investigation related to the operation or 

maintenance ofNI36PD from August 31, 20 I 0 through March 3, 2011 (inclusive), including but 

not limited to any internal investigation into involved personneL 

Request to Admit 

I. Admit that, on or about August 31,2010, an inoperative autopilot was noted on NI36PD. 

2. Admit that, on or about August 31,2010, an inoperative ELT battery was noted on 

N136PD. 

3. Admit that, on or about August 31, 20 I 0, an inoperative navigation VOR was noted on 

N136PD. 

4. Admit that, 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 on N!36PD. 

6. Admit that, on or about August 31, 20 I 0, an inoperative transponder was noted on 

N136PD. 

7. Admit that you operated N136PD on November 9, 2010. 

8. Admit that, between November 9, 2010 and February 10, 2011 you had the flux valves 

removed from N!36PD. 

9. Admit that you operated Nl36PD on February I 0, 2011. 

10. Admit that you operated NI36PD on February 18, 2011. 

II. Admit that you operated N136PD on March 3, 2011. 

4 
s)-

Respectfuuy submitted this_\_ day of November, 2016, 

Enforcement Division 

CERTIFICATE OF SERVICE 

I hereby certify that a copy of the 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 of Legal Affairs 

7015 3430 0001 0512 5584 

Puerto Rico Police Department 

P.O. Box 71200 

San Juan, PR 00936 

fax: (787) 781-7993 

Program Analyst 

NOV 1 2~:6 

Dated 

5 
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FOIA 

No FEAR Act EEO 
Stevenson, 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 of this 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, if the 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 of the 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 M Abdulrahman 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 

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