08/25/2011 14:32 FAX 2024935142 

08/25/2011 5:d2AM FAX 

FAA •r QM S 1^001/009 

gioooi/oooa 

Michael Selig, MD, FACC, CFl-H 

2816 Orefield Road 

Allentown, PA. 18104 

August 25, 2011 

:';:i^ARTMENT OF 

: ;^ANSPORWION 

. OCKFi .OPERATIONS 

im rtUG 25 P 3- 35 

U.S . DEPARTMEN T O F TRANSPORTATIO N 

OFFIC E O F HEARING S 

WASHINGTON , D.C. 

Federal Aviation Administration 

Complainant 

M & R Helicopters, LLC. 

Respondent 

V , 

Honorable Richard Goodvln 

Docket: 2010-121 1 

RESPONDENT'S REPLY TO THE ORDER TO SHOW CAUSE 

AND NOW, comes respondent, MICHAEL B. SELIG. MD. FACC, 

principle for MR Helicopters, LLC, (MRH) (non-operational, no pilot and with no 

income since before violation issued) whom avers and files the following Reply 

to the Order to Show Cause. 

Why should th e relief requested In Complainants Motion no t 

be granted ? 

1. The Complaint speaks to Form over Substance with the remote theory of a 

violation that is broken in any resemblance of practical application and 

therein frivilous. 

2. The Complaint was originally sited under a different array of 

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08/25/201 1 5 C2AM FAX 0)0002/000 9 

circumstances, without proper fact finding, assuming that Mr. Baker was 

not on an y monitoring program. Irrespective of that the particulars were 

speculative, the company had no income and was not operational. The 

Complaint, never the less had to change and evolve to approach some 

vague, undefined minimal threshold in order to be pursued. 

3. The Complaint had to evolve and change from its original form, when it 

exceeded the statue of limitations by 6 months. Even in its current form, it 

falls in within l day of the 2 year Statue of Limitations. 

4. The Complaint targeted an individual at a lime of personal crisis (perverted 

divorce), that indefinitely suspended operations, laudably, in order to not 

put the public at risk under 119.69 and in good conscious and in good 

faith. 

5. MRH was not operational during the proposed period due to the above and 

therefore no person, at any time was at risk. 

6. There was no pilot and no operations performed during the sited period. 

7. The operational specifications were under revision and not valid or current, 

with no pilot since before the violation was initiated due to the name 

change and structure, even though the operation somewhere was listed as 

active. 

S. The LLC Company supporting the above had no income, as it had not 

performed any flights, since it was not operational. 

9. The violation was cited against regulations that had first changed its 

wording and meaning back in February of 2004. 

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10. The violation was cited against regulations that were changed again, not 

listed regulations (since July 2009), but confusing in that they were 

Removed an d Reserved. 

11. The regulations cited could only be found by way of a variably and 

inconsistently working software hypertext link on the FAA website showing 

the actual regulations, therein hidden. 

12. The two regulations cited were so inconsistent, confusing, contradictory 

and problematic, the Rulemakcrs changed and modified them 2 times. 

13. The violation was cited against regulations that had changed and not even 

the FAA officials were aware of the changes or their interpretation 

including their own Drug/Alcohol auditor Vincent Roots during his audit 

of MRH. 

14. The maintenance and operations inspectors of MRH, the FSDO that was 

across the street from where the MRH Helicopter was hangared, also were 

not aware of the changes, therein Holding the Respondent to a Higher 

Standard than its own Officials, therefore a setup for entrapment. 

15. The violation was cited against regulations that had changed and not 

revised within ihc signed off op specs contrary to the Rules of Full 

Disclosure. 

16. There was no notification system in place to make the agencies officials or 

the operators aware of the regulation change and without following suit 

with the operational specifications format. 

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08/25/201 1 5-42AM FAX • 130004/0009 

Documents Requested to be Entere d Into Evidence 

14. Respondents Reply to July 29, 2011 Pleadings by Complainants, July 21, 

2011. 

15. Respondents Reply to Complainants Brief, Jun e 3, 2011. 

16. Letter to Ms Ponto concerning MRH Tax information, April 1, 2011. 

17. Code of Regulations 135.251 and 135.255. 

18. Motion for More Definite Statement, Inadequate Disclosure (never 

addressed by Complainants), February 17, 2011 . 

19. Motion for More Definite Statement, Inadequate Methods of Compliance, 

February 14, 2011, (never addressed by Complainants). 

20. Motion to Define and enter 4 Truths of Admissions, February 13, 2011. 

2 1 . Motion for Protective Order, February 6, 20 H , (never responded tO). 

22. Motion for More Definite Statement, 199,69 Shutdown and Human 

Factors, January 24, 2011, also contains tax information. 

23. Motion for More Definite Statement, Changing the Cause of Action, 

January 24, 2011. 

24. Motion for More Definite Statement, Holding Respondent to a Higher 

Standard, than the FAA Officials, January 24, 20U , 

25. Respondents Reply to the Amended Complaint, December 14, 2010. 

26. Respondents Motion and Brief Supporting the Motion to Quash, Strike or 

Dismiss Complaint. November 29, 2010, as it contains pertinent evidence, 

critical to the case. 

27. Preliminary Objections, November 27, 2010, as it contains pertinent 

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08/26/201 1 5:42A M FAX 

evidence, critical to the case. 

28. The undedacted ETR file. 

Wherefore, the Respondent prays to this Honorable Court, that the following 

evidence be entered into the hearing record or in the alternative that this case 

will be immediately dismissed in its entirety. 

Michael B. Sclig, MD, FACC, CFl-H 

Electronically signed—mbs 

Protected 

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08/25/2011 5-42AM FAX 

FAA - DMS aOOG/009 

(210008/0009 

Michael Selig, MD, FACC, CFl-H 

2816 Orefield Road 

Allentown, PA, 18104 

Augustus, 2011 

U.S . DEPARTMEN T OF TRANSPORTATIO N 

OFFIC E OP HEARING S 

WASHINGTON , D.C. 

Federal Aviation Administration 

Complainant 

V. 

M & R Helicopterft> LLC. 

Respondent 

Honorable Richard Goodwin 

Docket: 20lO-121 1 

RESPONDENT'S MOTION TO COMPEL DISCOVERY 4 

AND NOW. comes respondent, MICHAEL B. SELIG, MD, FACC, 

principle for MR Helicopters, LLC, (MRH) (non-operational, no pilot and with no 

income since before violation issued) whom files the following MOTION to 

COMPEL DISCOVERY 4. 

1. For Complainant to provide the requested specific regulations, language, 

details, and references with regard to the specific regtUation changes that 

had occurred. 

2. For Complainant to produce regulations referenced in the complaint, 

inclusive of adoption dates, changes and revision dates. 

3. For Complainant to produce prior requested full, unaltered copies of 

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06/25/201 1 5 42AM FAX @0007/000S 

documents that were produced in the incomplete Enforcement 

Investigative Report (EIR), that were either stricken, blocked out, redacted 

and spoliated. 

4. For Complainants to provide the prior requested references of Jordon v. 

Department of Justice that complainant cited in her correspondence and 

how each specific reference directly applied to each specific redacted part 

of the EIR and to provide the reference for policies on disclosure 

restrictions. 

5. The respondent hereby requests in addition the following of complainant, 

a) Provide copies of all documents intended to be introduced a s evidence in 

this case. 

b) A complete list of each and ev^ry person to be present who is associated 

with the FAA and their position. 

c) A complete list of each and every person intended to be called as a 

witness or expert witness, to give testimony or will be present on behalf 

of the agency. 

d) Title, occupation, employer, business address, curriculum vita, license 

and certification numbers, educational background and complete 

credentials, of all persons who will be present at the hearing, 

0) The nature of the stated testimony to be provided (factual, witness or 

expert witness), by each individual, the subject matter upon which each 

witness is expected to testify, the nature of knowledge possessed by each 

witness and the facts to which each witness is expected to testify. 

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08/25/2011 5'43At4 FAX [2)0009/0009 

f) Provide copies of any and all statements made by the witnesses 

identified in response to the interrogatories concerning, referring, or 

involving the circumstances set forth in the complaint. 

g) Approximate time of testimony of each individual. 

Respectfully Submitted, 

Michael B. Selig, MD, FACC, CFI-H 

Electronically signed--mbs 

Protected 

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08/25/2011 1433 FAX 2024935142 

08/25/2011 5-43AM FAX 

FAA - DMS a009/00 9 

120009/0009 

U.S. DEPARTMEN T OF TRANSPORTATIO N 

Federal AvlatioD Administration 

Complainant 

V. 

M & R H«Itoopterfi, LLC. 

Respondent 

Honorable Judg e Richard 

Ooadwln 

Docket : 2010-121 1 

CERTIFICATE OF SERVICE 

1 HEREBY CERTIPY that I have this day served the foregoing entrie(s): 

RESPONDENT'S REPLY TO THE ORDER TO SHOW CAUSE 

RESPONDENT'S MOTION TO COMPEL DISCOVERY 4 

upon all partiea of record in this proceeding, in arx:ordanc« with ihc requirements of Rule 29 

pursuant to 28 U. S. C. § 1746 . 

Service bv firnt jologo mri\l. ijujUiki. pn^^.HJd. HIUJIL-ULLI un ^olio^^Q: 

Federal Aviation AdminiaLration 

800 Independence Avenue, SW 

WUbur Wright Avenue-Suite 2W1000 

Washington, DC. 2059 L 

Att: Hearing DtKiket ClftrW, AGC-430 

i^FA X 202 493 5142 

CharleG Raley 

Enforcement I)ivigion/AOC-300 

Office of the Chief Counsel 

FAA 

800 Independence Avenue, SW 

Washington, DC 20591 

t^AX20 2 267 5106 

The Honorable Richard C. Goodwin 

US Department of TrEuisponation 

Office of HeaHngs, M-20, koom E12-320 

1200 New Jersey Avenue. S.K. 

Washington, DC 20590 

FAX 202 366 7536—not workinc 

p^,^1vmail patricia.Tnatthewa@dot.gov 

By;_ Electronically aigned MBS 

Michael B. Sclig, MD, FACC. 

2816 Orefield Road 

Allentown. Pa. 18104 

610 360 3953 

Date: 8-25-1 1