### U.S. DEPARTMENT OF TRANSPORTATION Office of Hearings Washington, D. C.

The Liberty Foundation, Inc. 

### FAA DOCKET NO. 2012-0477 (EIR 2011-GL-03-0070)

(Civil PenaltyAction) 

# RECEIVED NOV 062013 

## HEARING DOCKET Hon. J. E. Sullivan, Administrative Law Judge

RESPONDENT'S MOTION TO COMPEL 

### Respondent, The Liberty Foundation, Inc. (Liberty), by and through its undersigned attorney, respectfully moves the Court for the entry of an order compelling Complainant to properly and completely respond to Liberty's Interrogatories and Requests For Production related to Complainant's Amendment To Complaint. In support of its Motion, Respondent shows: 1. Pursuant to the Court's Order served August 27, 2013 ("Order"), Respondent propounded Interrogatories and Requests For Production limited to the issues raised by Complainant in its Amendment To Complaint. Attached hereto as Composite Exhibit A 

### and made a part hereof are Respondent's Interrogatories and Requests For Production limited to the issues raised in Complainant's Amendment To Complaint. Attached hereto as Exhibit B 

### and made a part hereof is Complainant's "Response To Limited Discovery Requests." 2. Complainant waived its right to object to Respondent's Limited Interrogatories and Requests For Production by failing to timely respond/object.
STUART A GOLDSTEIN, P. A 7300 North Kendall Drive, Suite 380, Miami,FL 33156 T: (305) 670-1222 F: (305) 400-0685 EMAIL: STUARTGOI OSTEINPA®AHNET2 Paragraph 6 of the Order clearly requires "any objection(s) or motions regarding additional discovery shall be filed within ten (10) days after receipt (Emphasis in the original). Complainant received Respondent's limited discovery requests on September 11, 2013, as seen on the attached proofs of service (Exhibit C). Although the Federal Rules of Civil Procedure and the case law interpreting them are not binding in these proceedings, they are considered instructive. There is a plethora of federal case law holding a failure to timely respond/object to discovery waives the right to object, absent compelling circumstances. A party that does not assert an objection to discovery within the time permitted by rule, stipulation, or court order waives objections and is precluded from asserting objections in response to a motion to compel. Siddiq 

### v. SaudiArabian Airlines Corp., 2011 WL 6936485 (M.D. Fla. 2011); Brenford Environmental Systems, 

### L.P. v. Pipeliners ofPuerto Rico, Inc., 269 F.R.D. 143 (D.P.R. 2010); AppliedSystems, Inc. 

### v. Northern Insurance Co. ofNew York, 1997 WL 639235 (N.D. IL 1997); Morock

### v. Chautauqua Airlines, Inc., 2007 WL 4247767 (M.D. Fla. 2007); First Nat'/Bank 

### v. Civic Partners Sioux City, LLC, 2011 WL 6013847 (N.D. lA Bankr'y) ("A failure to file a timely objection to interrogatories constitutes a waiver of any objection unless good cause is shown," citing Byrd 

### v. Reno, 1998 WL 429676 (D.D.C.); "It is well established that a failure to object to a discovery request within the time required constitutes waiver of any objection" (Richmark Corp. v. TimerFalling Consultants, 959 F2d 1468 (9th Cir. 1992). 3. As Respondent noted in its Motion To Stay Or Revise Scheduling Order, etc., dated August 6, 2013, the Amendment adds or changes five paragraphs of the original Complaint (paragraphs 7(a), 16(a), 5(a), 5(b), and 18), and adds five new purported violations of the FARs (14 C.F.R. 43.5(a), 43.9(a), 43.9(d), 43.13(a), and

STUARTA. GOLDSTEIN, P. A. 7300 North Kendall Drive, Suitesao, Mlami,FL 33156 T: (305) 670-1222 F: (305) 400-0685 EMAIL: STIJARTGOLQSIEINPA@ATTNET3 

### 43.13(b)). In addition to asserting the Foundation is legally responsible for the acts of Mr. Schneider, the FAA also asserts the aircraft was "unsafe for flight". This is a new allegation, not appearing in the original Complaint. It appears (although one cannot be certain from the FAA's response to Respondent's limited discovery requests), the FAA will rely on the purported expert testimony of Timothy Bourgoine on this issue. Despite the FAA's claim that it previously disclosed all Respondent needs to know on this fact issue, Mr. Bourgoine has not previously addressed this issue
- either in his deposition, in his affidavit in support of FAA's motion for summary judgment, or in the FAA's description of his testimony. Attached hereto as Exhibit D 

### and made a part hereof, is the FAA's description of Mr. Bourgoine's expected testimony. None of it refers to the FAA's new charge the aircraft was "unsafe for flight." 4. Respondent has an absolute right to know which of FAA's witness(es) will testify on this issue. Respondent cannot be required to presume or guess which witness(es) FAA will call. Respondent also has an absolute right to know which document(s), if any, this witness(es) will refer to in support of the testimony. FAA's response that it has already produced documents related to this issue is not useful nor is the reference to its summaryjudgment motion. 5. FAA's objections/responses to Interrogatories 1-5 that "these witnesses have previously been identified" is only a partial answer to the Interrogatories. As seen from the attachments, the Interrogatories go beyond asking for the mere identification of the witnesses. FAA has neither objected to nor responded to the remaining parts of these Interrogatories.

STUARTA. GOLDSTEIN, P. A. 7300 North Kendall Drive. Suite 380. Miami,FL 33156 T (305) 670-1222 F: (305) 400·0685 EMAIL: STlJARTGO! pSTEINPA®ATINET4 6. Respondent's undersigned counsel made a good faith effort to communicate with FAA counsel to discuss the issues in this Motion, but was rebuffed by FAA counsel. A copy of the relevant emails between counsel are attached hereto as Exhibit E and made a part hereof.
Respectfully submitted, STUARTA. GOLDSTEIN, P. A. 7300 North Kendall Drive, Suite 380 Miami, FL 33156 Tel: (305) 670-1222 Fax: (305) 670-7065 Email: stuartgoldsteinpa@att.net 

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## '**~~'** 

## / f/1I'

### L~""' By: ,

### ~·tuJ\ft ({ 

### "-'#i.t:J!f[}:---"' StuartA. Goldstein Attorney for Respondent

CERTIFICATE OF SERVICE I HEREBY CERTIFY that the foregoing has been served on this 

# 3I {day of October, 2013, as setforth below: Christopher R. Stevenson, Esq. Office of the Regional Counsel Federal Aviation Administration P. 

### 0. Box 20636 Atlanta, GA 30320 By Facsimile (404) 305-5223 and regular U. S. Mail and that an original and one copy was served upon: Hearing Docket Clerk, AGC-430 Wilbur Wright Building, Suite 2W1000 Federal Aviation Administration 800 Independence Avenue, S. 

### W. Washington, D. C. 20591
STUARTA. GOLDSTEIN, P. A 7300 North Kendall Drive, Suite 380, Mlami,FL 33156 T: (305) 670·1222 F: (305) 400-0685 EMAIL: SIUAR_[_GOLDSTEINPA®ATT NETand that a copy was served upon: Honorable J. E. Sullivan Office of Hearings, M-20 U. S. Department of Transportation 1200 New JerseyAvenue, S. E. (E11-310) Washington, D. C. 20590 By Facsimile: (202) 366-7536 and regular U. S. Mail j**~** !',i·:l_ tl- /!

## By:~f,irJC[]j3}

# t[**\i!JJWt~** StuartA. Goldstein

STUARTA. GOLDSTEIN, P. A. 7300 North Kendall Drive, Suite 380, Miami,FL 33156 T: {305) 670-1222 F: (305) 400-0685 EMAIL: .S.Li.!ABI..GQJ •.Q$TE!NPA(iliATTNET 5

### U.S. DEPARTMENT OF TRANSPORTATION Office of Hearings Washington, D. C.

The Liberty Foundation, Inc. FAA DOCKET NO. 2012-0477 (EIR 2011-GL-03-0070)

(Civil PenaltyAction) Hen. J. E. Sullivan, Administrative Law Judge

RESPONDENTS INTERROGATORIES BELATEDTO FAA'S AMENDMENTTO COMPLAINT 

### The following interrogatories are related to the Complainant's Amendment To Complaint dated July 31, 2013. INSTRUCTIONS AND DEFINmONS 

### The words "document" and "exhibit" mean every manner of document in whatever media including, but not limited to, electronically stored documents, and includes without limitation, all tangible items and papers, whether printed, recorded, visually reproduced, or reproduced by 

### an other mechanical process, written or produced by hand, or maintained as part of any electronic or computer database, including: affidavits, agreements, bills, cartoons, checks, communications, contracts and other official documents, correspondence, emails, drawings, files, invoices, photographs, receipts, sketches, test results, published materials of any kind, telegrams, ledgers, memoranda, orders, audio or video recordings, statements, notes, summaries or records of telephone conversations, summaries or records of personal conversations or

STUART A GOLDSTEIN, P A 7300 North Kendall Orrve. Suite 380, Miam1. FL 33156

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### interviews, diaries, calendars, reports, notebooks, charts, graphs, summaries or records of meetings or conferences, summaries or reports of investigations or negotiations, drafts, letters, any marginal comments or notes appearing on any documents an any and all other writings and data compilations. The words "identify" and "identity" when related to a person mean to list the person's name, address, telephone number, employer, and position of employment When related to a document or exhibit, they mean to describe the document with sufficient specificity and the applicable page(s) thereof. To the extent a claim of privilege is made, please identify the privilege and the specific reasons you believe it applies. INTERROGATORIES 

### 1. With regard to new paragraph 7(b), which alleges: "The aluminum fuel tanks fabricated and installed in N390TH In February, 2011 by Mr. Schneider rendered the aircraft unsafeforflight and unalrworthy": A. Identify which witness(es) will testify as to this allegation. B. As to each witness identified in answer

## to Interrogatory 1 A, state whether such witness will testify as afact witness, an expert witness, or both. C. As to each witness identified as an expert witness, in whole or in part, provide the Information required by Rules 26(a)(1), 26(a)(2)(A), and 26(a)(2)B) (including all of its subparts), Fed. R. Civ. P. D. As to each witness identified as a fact witness, in whole or in part, specify in detail the expected testimony of such witness in support of the allegations of new paragraph 7(b).

STU

...RT A. GOLDSTEIN, P_ A

...,....., """"" 1(-.vi"'M nn- Sude380. Mianu,FL 331563 E. As to each witness identified in answer to Interrogatory 1 A, identify precisely which exhibit(s) that witness referred to or relied upon as a basis for his/her expected testimony. 2. With regard to new paragraph 16(a), which alleges: "Mr. Schneider did not make
a maintenance record entry concerning the June 13, 2011, maintenance before returning the aircraftto service": A. Identify which witness(es) will testify as to this allegation. 

### B. As to each witness identified in answer to Interrogatory 2A, state whether such witness will testify as afactwitness, an expertwitness, or both. C. As to each witness identified as an expert witness, in whole or in part, provide the information required by Rule 26(a)(1), 26(a)(2)(A), and 26(a)(2)8) (including all of its subparts), Fed. R. Civ. P. D. As to each witness identified as a fact witness, in whole or in part, specify in detail the expected testimony of such witness in support of the allegations of new paragraph 1B(a). E. As to each witness identified In answer to Interrogatory 2A, identify precisely which exhiblt(s) that witness referred to or relied upon in his/her expected testimony. 3. With regard to new paragraph S(a), which alleges: "When Mr. Schneider replaced the bladder fuel tanks with the fabricated aluminum tanks, he failed to use the methods, techniques, and practices prescribed in the current manufacturer's maintenance manual
or Instructions for Continued Airworthiness prepared by Its manufacturer, or other methods, techniques, and practices acceptableto the Administrator":

STUARTA GOLDSTEIN. P_ A 7300 North Kendall Ori11e, Surte 380. Miaml,FL 33156

-··-**-~-· ·-~-,...,.,.,..,,**  • .,**<'ToJAJ::oTr.:f'l•ri<::T~INPA@AlTNFT**4 

### A. Identify which witness(es) will testify as to this allegation. B. As to each witness identified in answer to Interrogatory 3A, state whether such witness will testify as afact witness, an expert witness, or both. C. As 

### to each witness identified as an expert witness, in whole or in part, provide the information required by Rule 26(a)(1), 26(a)(2)(A}, and 26(a)(2)B} (including all of its subparts), Fed. A. 

### Civ. P. D. As to each witness identified as afact witness, in whole or in part, specify in detail the expected testimony of such witness in support of the allegations of new paragraph S(a). E. As to each witness identified in answer to Interrogatory 3A, identify precisely which exhibit(s} that witness referred to or relied upon in his/her expected testimony. 4. With regard to new paragraph 5(b), which alleges: "When Mr. Schneider replaced the bladder fuel tanks with the fabricated aluminum tanks, he failed to do the work in such a manner and use the materials of such a quality that the condition of the aircraft
was restored to its original or properly altered condition"; A. Identify which witness(es) will testify as to this allegation. B. As to each witness identified In answer to Interrogatory 4A, state whether such witness will testify as afact witness, an expert witness, or both. C. As to each witness identified as an expert witness, in whole or in part, provide the information required by Rules 26(a)(1 }, 26(a)(2)(A), and 26(a)(2)B) (Including all of its subparts), Fed. A. Civ. P.

STUART A GOLDSTEIN. P A 7300 North KendaU Onve. Surte 380. t.41an\l,FL 331565 

### D. As to each witness identified as afact witness, in whole or in part, specify in detail the expected testimony of such witness in support of the allegations of new paragraph S(b). E. As to each witness identified in answer to Interrogatory 4A, identify precisely which exhibits that witness referred to or relied upon in his/her expected testimony. 5. With regard to new paragraph 18, which alleges: "On January 31, 2012, afinding of violation of sections 43.9(a), 43.9(d), 43.13(a}, 43.13(b) of the Federal Aviation Regulations was entered against Mr. Schneider arising out of the above-described circumstances. In addition to being directly liable for violations of the Federal Aviation Regulations enumerated below, The Liberty Foundation is vicariously liable for the violations of Mr. Schneider, it's [sic] Director of Maintenance, which are detailed in the January 31, 2012, Order of Suspension, a copy of which is attached and incorporated by reference": A. Identify which witness(es} will testify as to this allegation. B. As to each witness Identified In answer to Interrogatory SA, state whether such witness will testify as afact witness, an expertwitness, or both. 

## c. As to each witness identified as an expert witness. in whole or in part, provide the information required by Rules 26(a}(1}, 26(a)(2)(A), and 26(a}(2)B) (Including all of its subparts), Fed. K Clv. P. D. As to each witness identified as a fact witness, in whole or in part, specify in detail the expected testimony of such witness In support of the allegations of new paragraph 18.

STU

...RT A GOLDSTEIN. P A6 

### E. As to each witness identified in answer to Interrogatory 5A, identify precisely which exhibits that witness referred to or relied upon in his/her expected testimony. 6. With regard to the allegation that Respondent violated 14 CFR 43.13(a), state with specificity the "methods, techniques, and practices prescribed in the current manufacturer's maintenance manual or Instructions for Continued Airworthiness" that Respondent did not follow or adhere to for the work performed in February, 2011. The
answer to this Interrogatory should include the identity of all documents upon which the
answer is based. 7. With regard to the allegation that Respondent violated 14 CFR 43.13{a), state with specificity the "methods, techniques, and practices prescribed in the current manufacturer's maintenance manual or Instructions for Continued Airworthiness" that Respondent did not follow or adhere to for the work performed in June, 2011. The
answer to this Interrogatory should include the identity 

### of all documents upon which the
answer is based. 8. With regard to the allegation that Respondent violated 14 CFR 43.13(a), state with specificity what tools, equipment, and test apparatus Respondent did not use but should have used in connection with the work performed in February, 2011. The answer to this Interrogatory should include the identity of all documents upon which the answer is based. 9. With regard to the allegation that Respondent violated 14 CFR 43.13(a), state with specificity what tools, equipment, and test apparatus Respondent did not use but

STUART A GOLDSTEIN, P A. 7300 North Kendall Dnve. Surte380. Miarru,Fl 33156

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### should have used in connection with the work performed in June, 2011. The answer to this Interrogatory should the identity of all documents upon which the answer is based. 10. With regard to the allegation that Respondent violated 14 CFR 43.13(b), state with specificity the fact bases for the allegation that N390TH was not in a condition at least equal to its original or properly altered condition with regard to aerodynamic function, structural strength, resistance to vibration and deterioration, and/or other qualities affecting airworthiness, after the work performed in February, 2011. The
answer to this Interrogatory should include the identity all documents upon which the
answer is based. 11. With regard to the allegation that Respondent violated 14 CFR 43.13(b), state with specificity the fact bases for the allegation that N390TH was not In a condition at least equal to its original or properly altered condition with regard to aerodynamic function, structural strength, resistance to vibration and deterioration, and/or other qualities affecting airworthiness, afterthe work performed in June, 2011. The answer to this Interrogatory should include the identity all documents upon which the answer is based.

STUARTA. GOLDSTEIN. P A 7300 Nann Kendall Onve. Suite 380_ Miam1.FL 33156

---- --- ·---**~** -M' '""""'-"" o::u•"**<::T:,4~:~Tr.nl** n.<HFLNPA-..'i;;ATTNET8 

### CERTIFICATE OF SERVICE I HEREBY CERTIFY that the foregoing has been served on this 

### I

# iJh day of September, 2013, 

### as set forth below: Christopher R. Stevenson, Esq. Office ofthe Regional Counsel Federal Aviation Administration P. 

### 0. Box 20636 

### Atlanta, GA 30320 

### By Facsimile (404) 305-5223 

### and regular U.S. Mail STUART

### A. GOLDSTEIN, 

### P. A. 7300 

### North Kendall Drive, Suite 380 

### Miami, FL 33156 

### Tel: (305) 670-1222 

### Fax: (305) 400-0685 

### Email: stuartgoldsteinpa@att.net

# By:~&,_

# Jhitt;= Stuart

### A. Goldstein Attorney For Respondent

STUARTA GOLDSTEIN. P. A 7300 North l<endall Onve. Surte 380. M1am1.FL 33158

### U.S. DEPARTMENT OF TRANSPORTATION Office of Hearings Washington, D. C.

The Liberty Foundation, Inc. FAA DOCKET NO. 2012-0477 (EIR 2011-GL-03-0070)

(Civil PenaltyAction) Hon. J. E. Sullivan, Administrative Law Judge

RESPONOENT'S REQUEST FOR PRODUCTION BELATED TO FAA'SAMENOMENTTO COMPLAINT

INSTRUCTIONSANP DEFINITIONS The words "document" and "exhibit" mean every manner of document in whatever media Including, but not limited to, electronically stored documents, and Includes without limitation, all tangible items and papers, whether printed, recorded, visually reproduced, or reproduced byan other mechanical process, written or produced by hand, or maintained as part of any electronic or computer database. Including: affidavits, agreements, bills, cartoons, checks, communications, contracts and other official documents, correspondence, emails, drawings, files. Invoices. photographs, receipts, sketches, test results, published materials of any kind, telegrams, ledgers, memoranda, orders, audio or video recordings, statements, notes, summaries or records of telephone conversations, summaries or records of personal conversations or interviews, diaries, calendars, reports, notebooks, charts, graphs, summaries or records of meetings or conferences, summaries or reports of investigations or negotiations,

STUARTA. GOLDSTEIN. P. A. 7300 North Kendall Otlve, Sulle380 Miami, FL 33156 T (305) 670.1222 F (305) 400-0685 STl!AATGQ! OSIEINPAIWAIT NET2 drafts, letters, any marginal comments or notes appearing on any documents an any and all other writings and data compilations. The documents produced in response to this Request For Production should be labeled or tagged so that Respondent's attorney will know to which Request the produced documents relate. To the extent a claim of privilege is made, please identify the privilege and the specific reasons you believe it applies.

POCUMENTS TO BE PBOPUCEP 1. Unless previously provided, produce a copy of each document or exhibit referred to in your answers to Respondent's Interrogatories Related To FAA's Amendment To Complaint. 2. Unless included In your response to Document Request No. 1, produce a copy of all documents or exhibits which the FAA will utilize to attempt to prove Respondent is vicariously responsible for the conduct and/or knowledge ot Rodney Schneider. 3. Produce all documents recovered by FAA or NTSB from N390TH that have not been prevlowsly produced that support or relate to the charges in the Amendment To Complaint.

STUARTA GOLDSTEIN, P A 7300 Nontl K6"1dall Drive,**S~.ule380,** Mlaml. FL 33156 T (305) 670.1222 F 1305) -400-0685 ST!IABIGOLpSIEINfAf$'ATT Nf!3 CERTIFICATE OF SERVICE I HEREBY CERTIFY that the foregoing has been served on this

# ~day of September, 2013, as setforth below: Christopher R. Stevenson, Esq. Office of the Regional Counsel Federal Aviation Administration P. 

### 0. Box 20636 Atlanta, GA 30320 By Facsimile (404) 305-5223 and regular 

### U. S. Mail STUARTA. GOLDSTEIN, 

### P. A. 7300 North Kendall Drive, Suite 380 Miami, FL 33156 Tel: (305) 670-1222 Fax: (305) 400-0685 Email: styartgoldsteinpa@att net ( By:

# A**~a_**

# .Jkl.d·'. StuartA. Goldstein Attorney For Respondent

S'TuART A GOlDSTEIN, p_ A 7300 North Kendall Dnve, Suite 380, Mlam1, Fl 33156 T· {305) 670.1222 F (305]400·0685 SlUABlliQlQSJEi!NPMkATI N8

### U.S. DEPARTMENTOFTRANSPORTATION OFFICE OFHEARINGS FEDERALAVIATIONADMINISTRATION



### FEDERALAVIATIONADMINISTRATION, Complainant,

## o~©~DWIE 

# w OCT 

## 2"2 2013 By

vs. DocketNo. FAA-2012-0477 FAACaseNo. 2011GL030070 LIDERTYFOUNDATION, Respondent. Judge Sullivan


### FAA'SRE8PONSE TO LIMITEDDISCOVERYREQUESTS Requests forProduction 1. Nodocuments werereferred to. 

### 2-3. Objection.Asnoted intheJudge'sOrderauthorizing additional discovery,theFAAhas alreadyproducedall documents soughtbythese discoveryrequests, andthis discoveryrequestis undulyburdensometo the extentthatit seeksreproductionofsuchdocuments,

### whichhave previouslybeenidentified aodprovidedduringthefirstround ofdiscovery, in theAmendmentto the Complaint,inthe FAA'sresponse to themotion seekingreopening ofdiscovery, andin

### the FAA's summaryjudgmentmotion. 

### Interrogatories l•!i. Objection. Asnoted intheJudge's Orderauthorizing additioillll discovery,theFAAhas alreadyide.ut.ifio;d all witnesses sought bythese discoveryrequests, andthisdiscoveryrequestis unduly bmdo;;mome to thee110tent that it seeksrepetitiveidentification ofthese wiU1o;aao;a, who have**~lously** been identified duringthefirst round ofdiscovery, intheAmendment

### to the Complaint, inthe FAA'sresponseto themotion seekingreopening ofdiscovery, andin

### the FAA's summaryjudgmentmotion. 6. Asalready admitted hytheRespondent's and itsthen-DirectorofMaintenanceduring this litigation, there are no such**m~:thods,** teclmiques, and practiceswithwhichtheRespondent could have followed. 7. Asalreadyadmitted bythe**Respond~nt** andit'sthen-DirectorofMaintenancetestified in hisdeposition,there areno suchmethods, techniques, andpracticeswithwhichthe Respondent couldhavefollowed.

### 8-9. Objection. The Amended Complaintmade no factual allegation concerningthesetopics. Accordingly, these intell'Ogatories are beyond the 

### scope ofdiscovery for this limiteddiscovery period. 10-11. As

### explained inthe 

### FAA'ssummaryjudgmentmotion

### andattachments, theuse of heavily welded aluminum shells asfuel tanks made

### the aircraft

### vulnerable to 

### vibrational and 

### flight stressesinways that

### an original orproperly altered fuel tank

### would nothave been, 

### as emphasizedbythe briskfailure ofthe welding in one ofthefuel tanks. Submittedthis

# ~y ofOctober, 2013.



### CHRISTOPHERR. STEVENSON Attorney Office ofthe Regional Counsel



### CERJIFICATEOFSERVICE I 

### herebycertifY that the foregoingFAA'sResponse to LimitedDiscovery was sent:
onecopyvia certifiedmail to: 

### StuartA. 

### Goldstein, 

### P.A. 7300 NorthKendall 

### Dr., Suite 380 

### Miami, FL 33156 Facsimile: (305) 670-7065

# ~as ProgramAnalyst Office ofthe**Rt~gional** 

### Counsel


### OC!**~** I**~-** . 

### DatedPrint Subject: Successful transmission to 14043055223. Re: UNKNOWN From: NoReply@MyFax.com (NoReply@MyFax.com) 

### To: stuartgoldsteinpa@att.net: 

### Date: Wednesday, September 11, 2013 4:03 PM

Dear Stuart A. Goldstein, Re: UNKNOWN The 12 page fax you sent through MyFax.com to 14043055223 was successfully transmitted at 2013-09-11 20:03:08 (GMT). The length oftransmission was 498 seconds The receiving machine's fax ID: 4043055223



### Ifyou need assistance, please visit our online help center at http:;;www.myfax.com/support/. Thank you for using the MyFax service. myFax.com

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# ·---.----------------------.---~~--·~~--·------- STUART A. GOLDSTEIN, P.A. "300NORTH KE"D"U. DRlVF. S\'ITE 3RO \1fAMI. flORIDA" 156



### ( .1,111111h**111•1•1•111'1 ··~1·11h·lllnrll•ll'l''lll'llll'll•ln**  

### Christopher 

### R. Stevenson, Esq Federal Aviation Administration 

### PO Box 20636 Atlanta GA30320-0636

# I~

# II $0.86!1.:;: USPOSTAGE li! FIRST.CLASS "**~**

FROM :>3156 •**~**

09111/2013 

### i 

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## • PAGE 02/138 O't ( L:t4 fq.'::li:i t-AA GLRC



### U.S. DEPARTMENT OF TRANSPORTATION Office ofHearings 

### Washington, D. C.

The Uberty

### Foundation, Inc. FAA DOCKET NO. FAA-2012-0477 (EIR 2011-Gl-03-0070)

(Civil Penalty Action) Hon. 

### J. E. Sullivan, Administrative Law Judge

COMPLAINANT'S SECOND SUPPLEMENTAL RESPONSE

TO RESPONDENT'S FIRST INTERROGATORIES

REGARDING EXPERTWITNESS DISCLOSURE
The Complainant provides his second SUI"PLEMENTAL respol'lse tothe Respondent's first set of interrogatories, disclosing information about the Complainant's potential expert witness: Mr. Timothy Bourgoine. Mr. Bourgoine has been previously identified as a potential witness on or about October 18,2012. Now, based on further consideration of his experience and credentials, the Complainant has decided that

### Mr. Bourgoine may also 

### be caHed as an expertwitness. Mr. Bourgoine's contact information has been already disclosed on or about October 18, 2012. However, per Rule 26, here is additional information regarding this witness. (i) A completestatement ofall opinions thewitnesswill express and the basisand reasons for

### them: Mr. Bourgoine is an aviation mechanicwho had worked and done aircraft maintenance for the Respondent. He is intimately familiar with the aircraft in question, including its fuel system. As an expert witness, he is expected to testify about the fuel system in the aircraft in question, and opine whether or notthe maintenance performed on the fuel shells in this aircraft (described in the Complaint) was a major alteration of a fuel system, and if so, why. He wlll opine that the tanks in the aircraft identified in the Complaint were not repaired but rather fabricated from the shells based on the welding of patches and drainsto the protective fuel tank shells. He will also opine as to the quality ofthe fabricated tank in relation to an actual tank that is suitable for installation in this aircraft. Further, he will explain what constitutes a major alteration of the fuel system, and how the process of conducting a major alteration should be followed and documented. He will also opine about the airworthiness issues regarding the subject aircraft following the installation of the "fabricated" tanks. All the opinions expressed will relate to the fuel tanks, and the fuel shells in the subject aircraft, the issue ofa major alteration of the fuel system in the aircraft, as well as the airworthiness (or a lack thereof) ofthe subject airplane after the "fabricated" fuel tanks had been installed. This is an expected but not an exhaustive list of opinions provided by this witness. The full extent ofhis testimony is not yet 

# DFAA GLRC PAGE 03/08

known. When such information becomes available. it will be shared with the Respondent, as required and appropriate. (il) The facts ordata considered bythewitness informingthem; Thefacts and data considered by this witness in forming his opinions are already part ofthe EIR and/orotherdocuments. which have been released tothe Respondent. The bases and reasons for such opinions are the Enforcement Investigative Report (EIR). the relevant FARs and Boeing Service Manual excerpts, as well as the witness's education and experience of many years in aircraft maintenance. This witness also has personal knowledge about what maintenancewas performed on this aircraft, when andwhy. (iii)Any exhibits thatwill be used to summarize orsupportthem:
The documents supporting this witness's testimony, which are currently in the Complainant's possession, are part ofthe releasable portion ofthe EIR 

### or some other documentations that have been already shared

### wtth the Respondent. These Include photographs ofthetanks and shells. as well asthe fabrication ofshells into tanks, the photographs ofthe repair tothe #1 main fuel tank, andthe PR-2001 SealantTechnical Data sheet. TheAdministrator reserves the rights to disclosethefull list oftrial exhibits at the later date priortothe hearing, after such list has been finalized. Ifthere are any otherexhibits used bythis witnessto summarize or support his testimony, these will be shared with the Respondent as soon as they become available to the Complainant, at a reasonable date priorto the hearing. (iv)Thewitness'squalifications, includinga list ofall publications authored inthe previous 10 years The witness is an Airframe & Powerplant mechanic and 

### a holder ofthe Inspection Authorization. He is intimately familiarwith the aircraft in question. He had maintained that aircraftforabout4 years before leaving Uberty Foundation Inc. Priorto becoming an aviation mechanic, Mr. Bourgeoine worked as a poHce off1cer for

### 25 years. He also holds a pilot certification. The witness has notauthored any publications in the previous 10years. (v) A listofall othercases in which, duringthe previous4years, thewitness testified as an expertattrial or bydeposition This witness has not testified as an expertat trial or bydeposition in any othercase in the previous 4 years. (vi) A statementofthe compensation to be paid forthe study and testimony inthe case. Atthis point, no statement ofcompensation between the Complainant and this witness has been compiled oragreed to. The Administrator expectsto paythewitness's travel and hotel costs, and cover hispercliem expenses. The estimated cost ofthose expenses has been provided along with the Complainant's cost analysis provided forthe purposes ofthe arguments on venue. These costs are mere estimates and are subjectto change. When and ifa more concrete statement ofcompensation becomes available, itwill be sharedwith the Respondents when available and as appropriate. 'o41L::J414":::10 1-AA**l:iU~C** PAGE 04/08

RESPONDENT'S INTER!!OGATORIES 3. As to each person identified in answerto Interrogatory No. 2, state whether the person is expected to testify as an expertwitness, 

### afact witness, or both. ANSWER: As indicated above, Mr. Timothy Bourgoine may be called as both fact and expert witness. 

### 4. A! to each person designated at least in part as an expert witness, provide: (i} a complete statement ofall opinions each such witness will express and the complete bases and reasonsfor such opinions. ANSWER: Answered above, under Rule 26 disclosure. (ii) The data and information considered by each such witness in forming his/heropinions ANSWER: Answered above, underRule 26 disclosure. (iii) any exhibits that will be used tosummarize or support his/her opinions. ANSWER: Answered above, under Rule 26disclosure.

(iv) Each such Witness's qualifications, including a list of all publications authored in the previous tenyears. ANSWER: Answered above, under Rule 26 disclosure. (v) A listing of each proceeding in the last ten years in which each such witness either testified as an expert witness or provided expert consuttation. Identify each such proceeding by style and docket/case numberofthe case or matter, the forum, and the date. ANSWER.: Answered above, under Rule 26 disclosure (This witness has nottestified as an expert attrial orby deposition in any othercase in the previous 10years).
Submitted on the behalfofthe Complainant,



# .**~~** 

# fV;_' Adrienne Wojcik 

# J

# ~ FAAAttorney Great Lakes Office of Regional Counsel 2300 E. Devon Des Plaines. IL 60018 Phone: (847) 294-7057 Fax: (847) 294-7498Subject: Liberty Foundation From: Stuart Goldstein (stuartgoldsteinpa@atl.net) To: chris.stevenson@faa.gov; Cc: stuar1goldsteinpa@att.net; Date: Wednesday, October 30, 2013 2:21 PM



### Hello Chris: Are

### you available tomon·owmoming armmd lOAM

### to discussyourresponses/objections to Respondent's limited discovery requests? Please let me know as soon as you can. l planto file amotionto compel and willbe out ofthe office Friday, so I 

### needto file it tomorrow. Thanks, Stuart
StuartA. Goldstein, Esq. Stuart.A. Goldstein, P. A. BoardCe1iifiedAviationLawAttomey 7300NmihKendallDrive, Suite 380 Miami, FL 33156 

### Tel: (305) 670-1222 Fax: (305) 400-0685 Cell: (305) 338-4700 Serviceby email: stuartgoldsteinpa@att.netSubject: Re: Liberty Foundation From: Stuart A. Goldstein (stuartgoldsteinpa@att.net) To: Chris.Stevenson@faa.gov; Date: Wednesday, October 30, 2013 5:23PM



### Chris: OK.I'lljustfile a motion. Stuart Sentfrommy iPhone StuartA.Goldstein 9350 SouthDixie Highway, lOth Floor Miami,Florida. 33156 Tel: (305) 670-1222 Fax: (305) 670-7065 Cell: (305) 338-4700 On Oct30,2013,at 17:10,Chris.Stevenson@faa.govwrote:
Stuart, I'm not sure that after filing a Motion to Strike is really the most helpful time to try and have a conversation about my discovery responses. But ifyou want to convey some additional dissatisfaction with my objections, I'd request that you do so in writing. Christopher Stevenson Attorney Office of Regional Counsel FAA Southern Region (404) 305-5200

from: Stuart Goldstein <Stuartgoldsteinpa@attnet> AS0-007, Office of Regional Counsel To: Chris Stevenson/ASO/FAA@FAA, Cc: stuart goldstein <stuartgoldsteinpa@att.net> Date: 10/30/2013 02:21 PM Subject: Liberty Foundation



### Hello Chris: Are you available tomorrow morning around IOAM to discuss your responses/objections to Respondent's limited discovery requests? Pleaseletmeknow as soon as youcan. I plantofile a motion to compel and will be outofthe office Friday, so I needto file it