InThe Matter Of: U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS

WASHINGTON, DC ) 

# FiECEIV MAY 18 2G'!1 

## HEARING DC,_,i<c

NORTHEASTERN AVIATION CORPORATION ) DocketNo. FAA-2014-0812 ) ) ) Case No. 2011EA110028 Respondent ) Assigned: Judge J.E. Sullivan RESPONDENT'S FIRST SET OF INTERROGATORIES AND FIRST REOUEST FORPRODUCTION OF DOCUMENTS Itis requested that the Complainant answer the following interrogatories andproduce the documents hereinafter described within thirty (30) days. This request shall be deemed to be continuing as required by the Ru1es so as to require you to file supplemental responses. This request is intended to cover all documents in the Complainant's possession or subject to Complainant's custody and control and includes documents in thepossession ofeachindividual who acts as, or has acted at relevant times as, an employee, agent or representative of Complainant. DEFINITIONS A. When knowledge or information in possession ofa party is requested, such request includes knowledge ofthe party's agents, representatives and, uu1ess privileged, the party's attorneys. B. The pronoun "you" and "yoms"refers to the partyto whom these interrogatories
are addressed. C. Unless otherwise indicated, these interrogatories refer to the time, place and circumstances ofthe occurrences mentioned or complained ofinthepleadings.D. Whenused withrespect to anindividual, corporate, business or governmental entity, "identify" means state the name and present business or residence addresses ofthe individuals or entities and the employer, governmental orbusiness affiliation andposition ofthe individual. E. The terms "document' and "statement" mean without limitation, the following items, whether printed orrecorded or reproduced by any other mechanical process or written or producedbyhand: agreements, communications, correspondence, telegrams, memoranda, summaries or records oftelephone conversations, summaries or records ofpersonal conversations or interviews, diaries, reports, notebooks, note charts, plans, drawings, sketches, maps, summaries orreports ofinvestigations, opinions orreports ofconsultants, photographs, motionpicture films, tape recordings, computerized messages or data, brochures, pamphlets, advertisements, circulars, press releases, drafts, letters, any marginal comments appearing on any document, and all other writings, including electronic writings. F. Whenused withrespectto a document, "identify" means furnish the document itself, or in lieuthereof, the name and ate ofthe document, the name and address ofthe person or persons originating the document, the name and address, ifany, ofthe person or persons to whomthe document is addressed, the names and addresses ofall persons to whom copies ofthe documents were orhave been sent, and the organization, firm or agency with which all such persons were connected as ofthe date ofthe document, and ifnotinpossession ofthe original or
a copy, furnish the name and address ofthe custodian ofthe original or a copy, or furnish the
name and address ofaperson whom you believe is in possession ofthe original or a copy ofsuch document. G. "Oral communication" means any oral exchange with words.

2H. Whenused with respect to an oral communication, "identify" means state the date and place where such oral communication was made, the names ofall individuals who participated inthe communication, and their positions, employers, and employers' addresses, the
names ofall individuals who were present at the time the communication was made and their business affiliations and positions, the nature and substance ofthe communication, the nature and substance ofeach document recording orpertaining to such oral communication, and the
name and present address ofthe present custodian ofeach such document. I. For all interrogatories to which the responding individual has an objection, state the factual and legal basis for the claimed privilege, or any other authority which provides the claimedbasis for the objection. J. All documents requested as to which the responding individual claims privilege or any other objection as a ground for non-production shall be identified chronologically as follows: (a) date, (b) title, (c) type ofdocument (e.g. memorandum, report, chart, etc.), (d) subject matter (without revealing the information as to which privilege or statutory authority is claimed), (e) factual and legal basis for the claimed privilege, or any other authority which provides the claimed ground for non-production. INTERROGATORIES 1. Identify the names, titles, business orhome addresses and telephone numbers of each person whom you (Complainant) intend to call as a witness at the hearing ofthis matter. 2. Provide the substance ofthe testimony to be offered by each ofsaid witnesses.

33. Withrespect to each expert witness you identify or intend to call at the hearing, please provide the following: (a) identifY the subject matter on which the expert is expectedto testifY; (b) listthe substance ofthe facts and opinions to which the expert is expected to testifY; (c) provide summary ofthe grounds for each opinion; (d) ifyou intend to introduce into evidence or otherwise rely upon a written curriculum vitae or other written document listing the expert's professional qualifications, identifY and attach copies ofall suchdocuments. 4. Please provide the names ofall individuals who have knowledge of, and/or investigated this matter. Include with your answer the substance ofeach individual's lmowledge and role in any investigation. 5. Provide the specific factual basis upon which you rely for each violation cited and the individual who will provide testimony in support. 6. Identify and produce copies ofany and all documents or othertangible exhibits on which you anticipate relying, or will rely, in support ofthe case you will present at the hearing in this matter, including but not limited to documents or other tangible exhibits you intend to introduce into evidence. 7. Please identify any documents that have been discarded or destroyed in connection with the investigation ofthis matter. RESPONDENT'S REQUEST FORPRODUCTION OF DOCUMENTS 1. Produce copies ofall materials relied upon and/or consulted in responding to the Respondent's First Set oflnterrogatories.

42. Produce copies ofany statements from any person whom Complainant or their representatives interviewed in connection with the instant matter. 3. Produce copies ofany notes and/or recordings from interviews ofany person Complainant or their representatives interviewed in connection with the instant matter. 4. Produce copies ofall documents upon which Complainant intends to rely at the hearing on this matter. 5. IfComplainantintends to offer expert or opinion testimony from any witness in connection with this matter, produce all documents which reflect:
a. The name and address ofany such expert; b. Any such expert's occupation andfield ofspecialization;
c. Any such expert's qualifications as an expert; d. The number ofyears ofexperience that such experthas in his/her field of expertise;
e. The remuneration, ifany which has and/or will be paidto such expert in connection with the expert's rendering service ofComplainant; f. Any publications or articles authored by any such expert; g. Any transcripts oftestimony by any such expert in the last five years; h. Any report to Complainant, their agents, or attorneys, authored by any such expert;
1. Any instructions provided to any such expert by Complainant, their agents, or attorneys.

56. IfComplainant intends to introduce into evidence or otherwise rely upon a written curriculum vitae or other written document listing the expert's professional qualifications, identify and attach copies ofall such documents. 7. Produce copies ofall documents, data compilations, and tangible things that are in the possession, custody or control ofComplainant that they may use. 8. Produce your entire investigative and penalty file including all e-mails, written notes, rules and regulations.
Respectfully submitted,
By: 

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# a .**~~** '!! EdwardJ. Longosz, II Evelyn D. Sahr Eckert Seamans Cherin & Mellott, LLC 1717 Pennsylvania Avenue, NW, Suite 1200 Washington, DC 20006 Telephone: 202-659-6619 Facsimile: 202-659-6699 E-mail: elongosz@eckertsearnans.com

6CERTIFICATE OF SERVICE I hereby certify that onthis 

### (SJ"' day ofMay, 2015, copies ofthe foregoing Respondent's First Set ofInterrogatories and Request for Production ofDocuments was sent by e-mail and Federal Express as follows:

Federal Aviation Administration 600 Independence Avenue, S.W. Wilbur Wright Building- Suite 2Wl000 Washington, DC 20591 Attn: Hearing Docket Clerk, AGC-430

Mr. Zachary M. Berman Complainant's Counsel Office ofRegional Counsel, Eastern Region Federal Aviation Administration 1Aviation Plaza Jamaica, NY 11434 Tel: 718-553-3273 Fax: 718-995-5699 Judge J.E. Sullivan US. Administrative LawJudge Office ofHearings, M-20 U.S. Department ofTransportation 1200 New Jersey Avenue, SE (Ell-310) Washington, DC 20590 Tel: 202-366-6941 Fax: 202-366-7537


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# -:h-v**~** Edward J. Longosz,

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