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V S . DEPARTMENT OF TRANSPORTATION ' ../.lfN:.^P0RTA7/0N 

OFFICE OF HEARINGS ^ -'"•'•••'--' OPERATIONS 

WASHINGTON. D.C. .,,, ^^^ 

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jN TliE MATTER OF AIR AMBin^ANCH BY AIR TREK, LNC 

(FAA Enforcement Docket 2009EA03OO3'r[ ^ - '. ))-' [ \ / ^•"'n") 

(Civil PcnalLy Action) "- v--• - - -• - -• •-..'-^ 

I'^^'' 2 ^ 20}\ 

Adnunistratlvc Law Judge not yet assigned ^ ^ _ ^. _ ^ ., 

COMPLAINANTS FIRST SET OF J NTERRQGATORIES 

AND REQUEST FOR PRODUCTrON OF DOCUMENTS 

Pursuant to 14 O'R . 13.220 and Rules 33 and 34 of the Federal Rules of Civil 

Proceduie, Complainant requests tliat the Respondent provide the following discover)' 

within thirty (30) days. 

It is requested that the Respondent answer the I'ollowing interrogatories and produce 

tlie documenLs liereinalier described. This request shall be deemed to be continuing to the 

txient permitted by Rule 26(e) of the Federal Rules of Civil Procedure so as to require you 

to file supplemental responses. This request is intended to cover all documents in the 

Respondent's posses<iion or subject to Respondent's custody and control and includes 

documcnii in the possession of related companies and each individual who acts, or has 

acted at relevant times, as an employee, agent or representative of Respondent or its related 

companies. 

DEFINITIONS 

A. When knowledge or information in possession of a patty is requested, such request 

includes knowledge of the party's agents, rcprescniaiives and, unless privileged, the party's 

attorneys. 

B. The pronoun "you" and "yours" refers to the party to whom these interrogatories are 

addressed. 

C. Unless otherwise indicated, these interrogatories refer to the time, place and 

circumstances of the occuiTcnces mentioned or complained of in the pleadings. 

D. When used with respect to an individual, corporate, business or governmental entity, 

"identify" means state The name and present business or residence addresses of the 

individuals or cniities ajid the employer, governmental or business affiliation and position 

of the individual. 
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B. The terms "document" and "statement" mean without limitation, the following items, 

whether printed or recorded or reproduced by any other mechanical process or written or 

produced by hand: agreements, communicadons. correspondence, rclcgrams, memoranda, 

summaries or records of telephone con^'ersations, summaries or records of personal 

conversations or interviews, diaries, reports, notebooks, note charts, plans, drawings, 

sketches^ maps, summaries or reports of investigations, opinions or reports of consultants, 

photographs, motion picture films, tape recordings, computerized data, brochures, 

pamphlets, advenisemenis, circulars, press releases, drafts, leners, any marginal cornments 

appearing on any document, and all other wniings, including electronic writings AND ALL 

E-MAIL communications. 

F. When used widi respect to a document, "identify" means furnish the document itsell, or 

in lieu thereof, the name and date of the document, the name and address o\' the person or 

persons originating the document, the name and address, 11 any^ of the person or persons to 

whom the document is addressed, the names and addresses of all persons to whom copies of 

the documents were or have been sent, and the organisation, firm or agency w^ith which all 

such persons were connected as of the date of the document, and if not in possession of the 

onginal or a copy, furnish the name and address of the cu.stodian of the original or a copy, 

or furnish the name and address of a person whom you believe is in possession of the 

original Or a copy of such document. 

G. "Oral communication" means any oral e.xchange with words. 

H. When used with respect to an oral communication, "identify" means state the date and 

place where such oral communication was made, the names of all individuals who 

participated in the communication, and their positions, employers, and employers' 

addresses, the names of all individuals who were present at the time the communication was 

made and their business aifiliaiions and positions, the namrc and subsiance of the 

communication, tlic nature and substance of each document recording or pcaaming to such 

oral communication, and the name and present address of the present custodian of each 

such document. 

T. For.all interrogatories to which the rcspondmg individual has an objeciion, state the 

facmal and legal basis for the claimed privilege, or any other authority which provides the 

claimed basis for the objeciion. 

J. All docujnents 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 of document (e.g. memorandum, repon, chart, etc.). 

(d) subject rriattcr (without revealing the information as to which privilege or 

statutory authonty is claimed). 
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(c) factual and legal basis for the claimed privilege, or any other authority which 

provides the claimed ground for non-produclivity 

IN'IERROGATORIES 

1. Identify the names, titles, busmess or home addresses and telephone numbers of each 

person whom the Respondent intends to call as a wimess at the hearing of this matter. 

2. Provide the substance of the testimony to be offered by each of said witnesses. 

3. With respect to each expert wimess identified in response to reque.st Nos. 1 and 2 above: 

(a) identify the subject matter on which the expen is expected to testify; 

(b) list the substance of the facts and opinions to which the expert is expected to 

testify: 

• (c) provide a summai-y of the grounds for each opinion; 

(d) if the Respondent intends to inn-oduce into evidence or otherwise rely upon a 

written curriculum vitae or other written document listing llie expert's 

prt)lessional qualifications, identify and attach copies of all such documents. 

4. To the extent not encompassed in yoiu response to request Nos. 1, 2 and 3 above, 

identify and produce statements of all individuals who spoke to, or were interviewed by, 

the Respondent regarding this matter. 

5. To the extent not encompassed in your response to request Interrogatories I, 2, 3, and 4 

above, identify any and each individual whom the Appellant knows or believes to have 

personal knowledge of any facts relating to die issues in this matter. 

6. Slate whether aircraft N744AT was flown at any time between October 1, 2008, and 

Mai-ch 1.2009. 

7. If your response to tlic preceding interrogatoiT is affirmative, for each operation of 

aircraft N744AT conducted between October 20. 2008, and February 12. 2009 provide 

the following information; 

a. The date of the flight. 

b. The point of takeoff for the flight. 

c. The destination at which ihe airplane landed. 

d. The identity of the pilot in command. 

e. The identity oi' each person on hoard in addition to the pilot in command. 
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f. Whether a LifePon Plus Patient System or other stretcher system was installed in the 

aircrall at the time of the flight. 

8. Identify and produce all maintenance record enn-ies lor airciafi N744AT that were made 

subsequent lo October 20, 200S, and prior to March i, 2009. 

9. Slate who was responsible for ensuring the proper maintenance of aircraft N744AT. 

10. Identify the person who you contend gave permission to install the Garmin 530 GNS 

WAAS upgrade in aircraft N744A"f pursuant to Supplemental Type Certificate (STC) 

SA01933LA and the person to whom such permission was given. 

11. State how often the Ameri-King AK-4S0 ELT received periodic inspections and testing 

of the ELT to include a Transmitter Functional Test from October 20, 2008, and prior to 

February 12. 2009. 

12. Identify each owner of Air Ambulance by Air Trek. Inc. for the period October 2007 

tlirough February 2009 and for each such owner the dates dui'ing which that person had 

owncrsliip. 

13. Identify each owner of Air Trek, Jnc. for rht period October 2007 through February 

2009 and for each such owner the dates during which that person had ownership. 

14. State a description of Air Ambulance by Air Trek's corporate formalities. 

15. State a description of Air Treks corporate formahties 

16. List the name and date created of any and all corporate records from 2007 to the present 

for Air Ambulance by Air Trek, Inc. 

17. List the name and date created of any and all corporate records from 2007 to the present 

for Air Trek. Inc. 

18. List the name of any and all recipients of dividends paid by Air Ambulance by Air Trek. 

Inc. within the past 4 years. 

ly. List ihe name of any and all recipients of dividends piiid by Air Trek, Inc. widiin the 

past 4 years. 
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20. List the names, addi'esses, and the length of time served of aU corporate officers of Air 

Ambulance by Ah Trek for the past 4 years. 

21. List the names, addresses, and tlie length of lijnc served of aii corporate officers of Air 

Trek for the past 4 years. 

22. Stale the general profits or losses for each fiscal year in the past 4 years of Air 

Ambulance by Air Trek. 

23. State the general profits or losses for each fiscal year in the past 4 years of Air Trek. 

24. State all employees and attorneys who received payment from Air Ambulance by Air 

Trek in the past 4 years. 

25. State all employees and attorneys who received payment from Air Trek in the past 4 

years. 

26. Identify the provider of the aluminum carpet trim that was prese/u in aircraft N744A'l' 

on or about as of February 12, 2009. 

27. If different from your response to the preceding interrogatory, identify the person from 

whom ihe aluminum carpet trim chat was present in aircraft N744AT on or about as of 

Fcbmary 12. 2009, was purchased. 

2S. Identify each person Aic Ambulance hy Air Trek has consulted w'nh or engaged for the 

purpose, whether primary or ancillary to other services, of advertising or marketing its 

services. 

29. Identify each person Air Trek, Inc. has consulted wiih or engaged for the purpose, 

whether primary or ancillary to other services, of advertising or marketing its services. 
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PRODUCflON OF DOCUMENTS 

Identify and produce copies of any and all documents on which the Respondent 

anticipates relying, orwiU rely, in support of ihe case it will present at the hearing in 

this matter, including but not hmited to documents you intend to. introduce into 

evidence. 

Produce copies of all corporate filings made by Air Ambulance by Air Trek, Inc. 

with UK State of Delaware, including its certificate of incorporation, identification of 

officers, and. for the past four years, its state income tax return. 

3. Produce copies of all contracts, agreements, leases, or other documents tliat Air 

Ambulance by Air Trek has executed with any other person pertaining to the 

operation, maintenance, upgrading, parts purchases, management, hangaring, and 

insuring of aircraft N744AT thai were in effect at any lime during the period October 

2008 through February 2009. 

4. Produce copies of any and all documents refleciing the grant of permission to install 

the Garmin 530 GNS WAAS upgrade in aircraft N744AT pursuant lo STC 

$A01933LA. 

5. Pioduce copies of all maintenance documents reflecting the installaiion or removal 

of the LifePori Plus Patient System or oilier on-board stretcher system during the 

period Ociober 2007 though February 2009. 

6. Pi'oduce copies of all niainicnance documents reflecting the inspection and testing of 

the Ameri-King AK-4SO ELT from October 20, 20()7, tlirough and including 

Februaiy 12. 2009. 

7. Pi'oduce copies of sales receipts, invoices, checks, or other purchase documentation 

pertaining to the acquisition of ihe aluminum carpet trim that was present in aircraft 

N744AT on or about as of February 12, 2009. 

8. Federal income tax remrns for Air Ambulance by Air Trek for the fiscal years 2007 

through 2009. 

9. Federal income tax returns for Air Trek for the fiscal years 2007 through 2009. 
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10. State income tax returns for Air Trek for the fiscal yeais 2007 through 2009. 

11. Siaiemeni of all assets held by Air Ambulance by Air Trek. 

12. Statement of all assets held by Air Trek, Inc. 

Respecdully submitted. 

Alfred Jolinson 

Regional Counsel 

By: C^^^X^^ /SyS:-^. Date: /Uv- ^^2_ ^<^ i i 

Stephen W. Brice 

Attorney 

Federal Aviation AdminisUraiion 

1 Aviation Plaza 

Jamaica, m ' 11434 

Telephone; 718 553-3268 

Facsimile: (718)995-5699 
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CERTIFICATE OF SERVICE 

1 hereby certify that on this day copies of the foregoing complainant's first sei of 

interrogatories and request for production of documenls were placed in the United Slates 

mail, postage prepaid. Certified Mail - Rcairn Receipt Requested addre.ssed as follows: 

Federal Aviadon Administration (Original and one copy) 

Atm: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building - Room 2014 

SOO Independence Avenue, S.W. 

Washington, D.C. 20591 

Gregory S. Winton 

Aviation Law Experts 

I Research Court, Suite 450 

Rockville, MD 20850 

HOV 7. S 201t 

V^PA^'^ ' .'••:••-• 

Date: 

NOV 2 2 2011 

Li<aJ. IIotiKs 

Paralegal Specialist 

Office of Regional Counsel 

1 Aviation Plaza 

.Tamaica. NY 11434