Michael L. Dworkin and Associates 

Law Offices 

• I • :.• ; :• . ', • 

March 9, 2012 

465 California Scrcct 

Suite 210 

San Francisco 

California 94104 

Federal Aviation Administration 

800 [ndependence Avenue SW 

Washington, DC 20591 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building - Suite 2W1000 

(via FEDEX) 

(415)421-2500 

Fax (415)421-2560 

wwu'.ai'ialof. com 

I a w (2)av i alex. CO m 

RE: MARTINAIRE AVIATION, LLC 

FAA Case No. 2011-GL-70-0205 

FDI^S: FAA-2011-1295 

Dear Ladies and Gentlemen: 

Enclosed herewith for filing are an executed original and one copy of 

Martinaire Aviation, LLC's First Discovery Request. 

Very truly yours, 

^-^BrittaVKuykeMall 

Office Administrator 

ccs: The Honorable Richard C. Goodwin, Administrative Law Judge 

Kate Barber, Esq. 

'DECEIVED 

MAR J 2 208 

HEARING DOCKET 
Michael L. Dworkin #64047 

MICHAEL L. DWORKIN and ASSOCIATES 

465 California Street, Suite 210 

San Francisco, California 94104 

Telephone: (415)421-02500 

Facsimile: (415)421-2560 

Email: law(gavialex.com 

Attorneys for Martinaire Aviation, LLC 

DECEIVED 

"EAR/A/G DOCKET 

UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASfflNGTON, D.C. 

In the Matter of: 

MARTINAIRE AVIATION, LLC 

FAA Case: 201 l-GL-70-0205 

FDMS: FAA-20U-1295 

MARTINAIRE AVIATION LLC'S FIRST 

DISCOVERY REQUEST 

Judge: The Honorable Richard C. Goodwin 

PROPOUNDED BY: 

SET NUMBER: 

Respondent, MARTINAIRE AVIATION, LLC 

("MARTINAIRE") 

One 

DATE OF REQUESTS: March 9,2012 

RESPONSES DUE: April 9, 2012 

TO THE DEPARTMENT OF TRANSPORTATION, THE HONORABLE 

RICHARD C. GOODWIN ADMINISTRATIVE LAW JUDGE, AND TO THE 

ADMINISTRATOR, FEDERAL AVIATION ADMINISTRATION AND HIS 

ATTORNEYS OF RECORD: 
MARTINAIRE AVIATION LLC (hereinafter referred to as "MARTINAIRE"), by and 

through its undersigned counsel, submits the following Discovery Request. 

MARTINAIRE further requests that Complainant provide the following information in 

response to this Discovery Request on or before Mond^J April 9, 2012. 

Dated: March 9, 2012 y^ //£^J^^7^ 

""^ Michael L. Di 

Attorney for MARTINAIRE AVIATION, LLC 

2 

FDMS NO. FAA-2011-1295 

MARTINAIRE AVIATION, LLC'S FIRST DISCOVERY REQUEST 
ATTACHMENT A 

0.10 DEFINITIONS AND INSTRUCTIONS 

Please note: Court and counsel are requested to take judicial notice of 14 Code of 

Federal Regulations, Parts 1-198, commonly referred to as the "Federal Aviation 

Regulations" (hereinafter referred to as the "FAR's"), 49 Code of Federal Regulations, 

Parts 171-173 (heremafter referred to as the "HMR's") and Title 49, United States Code, 

Transportation'^ all words used in this request shall have the same meaning as used in 

said FAR's, HMR's and Title 49, United States Code, Transportation, unless the sense 

indicates to the contrary. 

0.1 Anyone acting on your behalf- includes, but is not limited to, your attorneys, 

investigators, and their representatives, and consultants, including all experts. 

0.2 Person - includes a natural person, firm, association, organization, partnership, 

business trust, corporation, or public entity. 

0.3 Custodian - refers to the person having possession, custody or control. 

0.4 Writing - means handwriting, typewritten, printing, photostating, photographing, 

and every other means of recording upon any tangible thing, any form of communication 

or representation, including letters, words, pictures, sound, or symbols, or combinations 

thereof. 

0.5 You - includes Complainant, its agents, employees, attorneys, and anyone else 

acting on behalf of Complainant. 

0.6 Document or documents - includes writings, drawings, graphs, charts, photographs, 

phono-records, tapes, videotapes, films, and other compilations from which information 

can be obtained, translated through detection devices into reasonably usable form when 

3 

FDMS NO. FAA-2011-1295 

MARTINAIRE AVIATION, LLC'S FIRST DISCOVERY REQUEST 
translation is practicably necessary. 

0.7 Complainant - refers to the Federal Aviation Administration, its Administrator, 

directors, employees and agents, and includes, but is not limited to, its attorneys, 

investigators, and their representatives, and consultants, including all experts. 

1.0 DOCUMENTS SOUGHT TO BE PRODUCED 

MARTINAIRE acknowledges its prior receipt of portions of what Complainant 

has represented were the evidentiary portions of its case file. In the interests of economy, 

materials and documents heretofore provided by Complainant's counsel to 

MARTINAIRE's counsel need not be again produced. 

1.1. Complainant's case file bearing Case No. 201 l-GL-70-0205 in its entirety, 

including, but not limited to, items of proof, exhibits, correspondence, memoranda, and 

all other documents contained therein. 

1.2. All documents pertaining to the allegations set forth in the Final Notice of 

Proposed Civil Penalty, Case No. 201 l-GL-70-0205, which serve as the Complaint in 

this matter. 

1.3. All documents which Complainant intends to utilize as exhibits at the 

hearing in this matter. 

1.4. All statements and documents pertaining to or concerning statements made 

to Complainant by MARTINAIRE. 

1.5. All statements and documents pertaining to or concerning statements made 

to Complainant by any employees or former employees of MARTINAIRE. 

1.6. All statements and documents pertaining to or concerning statements made 

4 

FDMS NO. FAA-201M295 

MARTINAIRE AVIATION, LLC'S FIRST DISCOVERY REQUEST 
to Complainant by any other person, firm or corporation, concerning the matters alleged 

in Complaint. 

1.7 Resumes, curriculum vitae and any and all written qualifications of all persons 

whom Complainant expects to utilize as expert witnesses at the hearing in this matter. 

1.8. All documents pertaining to facts and opinions held by Complainant's 

experts acquired or developed in anticipation of litigation or for the hearing in this matter. 

1.9. All documents reviewed by Complainant's experts in connection with the 

anticipated litigation or hearing in this matter. 

1.10. All documents generated by Complainant's experts in connection with the 

anticipated litigation or hearing in this matter. 

l.l 1 All documents evidencing and/or pertaining to Complainant's computation 

of the proposed civil penalty in accordance with the Matrix set forth in FAA Order 

2150.3B, FAA Compliance and Enforcement Program, Appendix C, Sanction Guidance 

Hazardous Materials Enforcement, Figure C-1. 

2.0 INTERROGATORIES 

2.1. State the name, occupation, address and telephone number of each person 

Complainant intends to call as a witness (including but not limited to expert witnesses) at 

the hearing. 

2.2. Provide a brief statement regarding the subject matter of the testimony of 

each witness. 

2.3. Provide copies of all documents Complainant intends to offer into evidence 

as exhibits at the hearing. 

5 

FDMS NO. FAA-2011-1295 

MARTINAIRE AVIATION, LLC'S FIRST DISCOVERY REQUEST 
2.4. For each expert witness Complainant intends to call at the hearing, provide a 

brief statement regarding the grounds for the opinion testimony of each expert witness, 

and copies of any documents prepared or reviewed by said expert witness. 

2.5. If Complainant obtains additional documents not mentioned in response to 

Request No. 2.3, above, MARTINAIRE requests these documents be produced as 

expeditiously as possible. 

2.6. If Complainant secures additional witnesses not mentioned in response to 

Request No. 2.1, above, MARTINAIRE requests a supplementary witness list and a brief 

statement regarding the subject matter of the testimony of each of the witnesses. 

3.0 REQUESTS FOR ADMISSION 

3.1. ADMIT that the carriage of "Purple Power" Industrial Cleaner/Degreaser 

on N9505B on the May 11, 2011 flights as alleged in the Complaint was contrary to 

MARTINAIRE's manuals, policies and procedures. 

3.2. ADMIT that Complainant has no evidence that MARTINAIRE ordered or 

directed its pilot to carry "Purple Power" Industrial Cleaner/Degreaser on N9505B on the 

May 11, 2011 flights alleged in the Complaint. 

3.3. ADMIT that Complainant has no evidence that MARTINAIRE knew prior to 

the May 11, 2011 flights alleged in the Complaint that its pilot was carrying "Purple 

Power" Industrial Cleaner/Degreaser on N9505B. 

3.4 ADMIT that Order 2150.3B, FAA Compliance and Enforcement Program, 

Chapter 7., Sanction Guidance Policies, Paragraph 6.b., General Sanction Guidance, 

states: 

6 

FDMS NO. FAA-20n-1295 

MARTINAIRE AVIATION, LLC'S FIRST DISCOVERY REQUEST 
Simply adding up the individual penalties for each violation could result in 

compounding a sanction in a disproportionately harsh manner for the conduct 

involved. 

3.5 ADMIT that Order 2150.3B, FAA Compliance and Enforcement Program, 

Chapter 7., Sanction Guidance Policies, Paragraph 7.b., Limitations on Total Civil 

Penalty Amounts for Numerous Multiple Violations, clause (1), states: 

In an average case involving numerous inadvertent, multiple violations resulting 

from a single act or omission, that is, not one that is covered by chapter 7, 

subparagraphs 7.c. or 7.d., the total civil penalty for the multiple violations 

ordinarily falls within the ranges provided in either Figure 7-1 or 7-2. The group 

classifications are defined in part I of Appendix B. 

3.6 ADMIT that Order 2150.3B, FAA Compliance and Enforcement Program, 

Chapter 7., Sanction Guidance Policies, Paragraph 7.b., Limitations on Total Civil 

Penalty Amounts for Numerous Multiple Violations, clause (2), states: 

The term isolated in Figures 7-1 and 7-2 typically describes a single instance of an 

employee's failure to follow a statutory or regulatory requirement, contrary to the 

company's own practice or procedure. A case may involve a number of isolated 

and unrelated violations. Each group of the multiple violations resulting from 

each isolated violation ordinarily is subject to the isolated, inadvertent ranges in 

Figures 7-1 or 7-2. 

3.7 ADMIT that Order 2150.3B, FAA Compliance and Enforcement Program, 

Chapter 7., Sanction Guidance Policies, Paragraph 7.c., Penalties Outside the Ranges, 

Clause (1), Penalties lower than the ranges, states: 

It may be appropriate to select a civil penalty amount below the ranges in Figures 

7-1 or 7-2 if the degree of culpability is minimal, the degree of potential hazard is 

extremely low, and there are no other aggravating circumstances. 

7 

FDMS NO. FAA-2011-129S 

MARTINAIRE AVIATION, LLC'S FIRST DISCOVERY REQUEST 
3.8 ADMIT that MARTINAIRE is a "small business entity" as that term is 

utilized in Order 2150.3B, FAA Compliance and Enforcement Program, Appendix C, 

Sanction Guidance Hazardous Materials Enforcement, Paragraph 5. 

8 

FDMS NO. FAA-2011-1295 

MARTINAIRE AVIATION, LLC'S FIRST DISCOVERY REQUEST 
CERTIFICATE OF SERVICE 

The undersigned hereby certifies that on this 9**^ day of March, 2012, a true and 

conrect copy of the foregoing MARTINAIRE AVIATION'S FIRST DISCOVERY 

REQUEST was served as follows: 

The Honorable Richard C. Goodwin 

Office of Hearings, M-20 

1200 New Jersey Avenue, S.E. 

East Building Ground Floor 

RoomE12-320 

Washington, D.C. 20590 

FAX: 1-202-366-7536 

{via FAX and FEDEX} 

Federal Aviation Administration 

800 Independence Avenue SW 

Washington, DC 20591 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building - Suite 2W1000 

Jeffrey A. Klang 

Kate Barber 

Federal Aviation Administration 

Great Lakes Region 

2300 East Devon 

DesPlaines,IL 60018 

FAX 1-847-294-7498 

{via FAX and FEDEX} 

{via FEDEX} 

FDMS NO. FAA-2011-1295 

MARTINAIRE AVL\.TION, LLC'S FIRST DISCOVERY REQUEST