## U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS WASHINGTON, D.C.

IN THE MATTER OF 

# RECEIVED MACH ONE AIR CHARTERS, INC. JUL 202015 FDMS NO.: FAA-2015-0643 

## HEARING DOCKET
ASSIGNED TO THE HONORABLE RICHARD C. GOODWIN, ALJ.
RESPONDENT'S RESPONSE TO COMPLAINANT'S REQUEST FOR ADMISSIONS, INTERROGATORIES AND REQUESTS FOR PRODUCTION OF DOCUMENTS. ANSWERING PARTY: ASKING PARTY: MACH ONE AIR CHARTERS, INC. FEDERAL AVIATION ADMINISTRATION COMES NOW 

### the Respondent MACH ONE AIR CHARTERS, INC., 

### and pursuantto 14 C.F.R. §13.220 ofthe Rules ofPractice in FAA Civil PenaltyActions, responds to the Requests of Admissionss, Interrogatories, and Requests for Production of Documents (Set No. 1) served upon it by the Administrator of the Federal Aviation Administration as follows. These responses are made solely for the purpose of this action. Each response is subject to all appropriate objections (including, but not limited to, objections as to confidentiality, relevancy, propriety and admissibility) which would require the exclusion ofany admission, denial orstatement contained herein ifthe questions/requestswere answered by awitness present and testifying in court. All such objections and grounds are reserved and may be interposed at the time of
Pa e 1 RESPONDENT'S RESPONSE TO COMPLAINANT'S REQUEST FOR ADMISSIONS, INTERROGATORIES AND REQUESTS FOR PRODUCTION OF DOCUMENTS

### trial. Respondent has notyetcompleted its investigation ofthe facts related tothe action; has notyet interviewed all witnesses in this action; has notyet completed its discovery in this action; and has not yet completed its preparation for trial. Consequently, thefollowing responses are givenwithout prejudiceto Respondent's right to produce, at time oftrial, subsequently discovered evidence relating to the proof of presently known material facts and to produce all evidence, whenever discovered, relating to the proofofsubsequentlydiscovered material facts. Except forexplicitfacts admitted herein, no admission ofany naturewhatsoeverare implied orshould be inferred from these responses. Respondent shall amend these discovery responses when such further information becomes known to Respondent. REQUESTS FOR ADMISSIONS 

### 1. Objection. The use of the wording "not functioning properly" is vague and ambiguous. Further, the RFA calls for a legal conclusion. However, without waiving such objection, ifthe outside airtemperature gauge did not conform to or operate in accordance with the type design, then Respondent admits that the aircraft was unairworthy. However, Respondent contends that the outside air temperature gauge was operating within all acceptable limits during the flights in question. 2. Objection. The use of the wording "not functioning properly" is vague and ambiguous. Further, the RFA calls for a legal conclusion. However, without waiving such objection, ifthe left engine air intake anti-ice system did not conform to or operate in accordance with the type design, then Respondent admits that the


### Pa e 2 RESPONDENTS RESPONSE TO COMPLAINANT'S REQUEST FOR ADMISSIONS, INTERROGATORIES AND REQUESTS FOR PRODUCTION OF DOCUMENTSaircraft was unairworthy. However, Respondent contends that the left engine air intake anti-ice system was operating within all acceptable limits during theflights in question. 3. Admit 4. Objection. Vague and Ambiguous. The Request for Admission is incomprehensible and on that basis Respondent musttherefore denythe same. INTERROGATORIES AND REQUESTS FOR PRODUCTION 1. [RFA No. 1 and RFA No. 2] Respondent contends that both the outside air temperature gauge as well as the left engine air intake anti-ice system were operating properly, and iftheywere not, Respondent, as the holderofthe Part 135 Air Carrier/Commercial Operator Certificate was not put on notice that the same were not operating properly. The aircraft was being operated by an experienced flight crew, who had received proper companytraining in the aircraft and who the companyexpectedwould notifythem inthe eventofanyunairworthyissueswiththe aircraft, specifically, afterthey left St. Paul, Minnesota. [RFA No.4] The inquiry doesn't make any sense. 2. Respondent has notyet preparedfortrial and mayamend this witness list in the future. However, at the present time Respondent intends to call the following individuals 1. H. DAN HILL, Chief Pilot for Respondent and President/CEO, Mach OneAirCharters, Inc., 7000 MerrillAvenue, Box63,Chino, CA 91710, (909) 597-8461. Mr. Hill will testify as to his discussions with the PIC and with individuals at SignatureTechnicAir regarding what inspections, ifany, were to be performed on the aircraft. Mr. Hill will also testify that he was never
Pa e 3 RESPONDENT'S RESPONSE TO COMPLAINANT'S REQUEST FORADMISSIONS, INTERROGATORIES AND REQUESTS FOR PRODUCTION OF DOCUMENTSnotified that the aircraft had been determined to be unairworthy. 2. JOHNJORGENSEN, DirectorofOperations, Mach OneAirCharters, Inc., 

### 7000 Merrill Avenue, Box

### 63, Chino, CA

### 91710, (909) 597-8461. Mr. Jorgensen will testifyas to pilottraining, company manuals setting forth pilot responsibility for maintenance when away from home base as well as any contact he mayhave had with SignatureTechnicAir. Mr. Jorgensenwill also testifyas to any notificationthe company may have had from TechnicAirthat the aircraft may not have been airworthy. 

### 3. ALBERT CUEVAS, Prior Director of Maintenance, Mach One Air Charters, Inc., 

### 7000 Merrill Avenue, Box 

### 63, Chino, CA 

### 91710, (909) 597- 8461. Mr. Cuevas will testify as to whether hewas notified ofany mechanic problem with the aircraft and will further testify as to how the Outside Air Temperature Gauge works. 

### 4. LEIGH CRUMPTON, P.O. Box

### 825,Acton, CA 

### 92510. Mr. Crumpton was the PIC on the flight and will testify about his discussions with Mr. Hill about any issues he had on the flight. He will further testify that he was never contacted by SignatureTechnicAirand informed that the aircraftwas unairworthy. He will further testify that he was never provided any documentation by Signature TechnicAir which indicated the aircraft was unairworthy and will further testify that the flights from St. Paul to Houston were uneventful and everything worked on the aircraft. 

### 5. JENNIFERJOHNSON,

### 2550 E. Riverside Drive, 

### #148, Riverside, CA 

### 91761. Ms. Johnson was the SIC on the flight. She will further testifythat she was never contacted by Signature TechnicAir and informed that the
Pa e4 RESPONDENT'S RESPONSE TO COMPLAINANT'S REQUEST FORADMISSIONS, INTERROGATORIES AND REQUESTS FOR PRODUCTION OF DOCUMENTSaircraftwas unairworthy. Shewill furthertestifythatshewas neverprovided anydocumentation bySignatureTechnicAirwhich indicatedthe aircraftwas unairworthy and will further testify that the flights from St. Paul to Houston were uneventful and everything worked on the aircraft. 6. RICARDO HERNANDEZ, FAA-Aviation Safety Inspector, Flight Standards DistrictOffice, 6961 Flight Road, Riverside, CA92504. Inspector Hernandez will testify that he was the individual who first contacted Mach One Air Charter and informed them ofthe alleged unairworthy condition of the aircraft. He will testify as to the initial reaction ofthe individuals at the meeting. 7. JOSH CHIN, P.O. Box90083, CityofIndustry91715, (708)888-0778. Mr. Chin is a computer expert and will testify as to howemail operates. He will provide expert opinion thatthe factthat an email may have been sent is not a guarantee that it is received by the intended recipient. 8. EXPERTNOTYETDESIGNATED. Thisexpertwill bea maintenance expertto testifyasto howthe OutsideAirTemperature gaugeworked on the aircraft and the proper method for testing the same.
9. EXPERT NOT YET DESIGNATED. Respondent also intends to call an expert witness on Custom and Usage and Industry Standards regarding reliance by the company on competent and trained flight crew.. 3. Nowrittenstatements have been madeotherthanforJenniferJohnson, said statement in the possession ofthe Complainant. 4. Yes.

Pa e5 RESPONDENT'S RESPONSE TO COMPLAINANT"$ REQUEST FORADMISSIONS, INTERROGATORIES AND REQUESTS FOR PRODUCTION OF DOCUMENTS1. JOSHCHIN, P.O. Box90083, Cityoflndustry91715, (708) 888-0778. Mr. Chin is a computer expert and will testify as to how email operates. He will provide expert opinion that the fact that an email may have been sent is not a guarantee that it is received by the intended recipient. Respondent does not yet have Mr. Chin's CV but will be provided to complainant as soon as received. 2. EXPERTNOTYETDESIGNATED. Thisexpertwill be a maintenance expertto testifyasto howtheOutsideAirTemperaturegaugeworked onthe aircraft and the proper method for testing the same.
3. EXPERT NOT YET DESIGNATED. Respondent also intends to call an expertwitness on Custom and Usage and IndustryStandards regarding reliance by the company on competent and trained flight crew. 

### 5. No. 6. Respondent has not yet completed its investigation into this matter and
reserves the right to amend its response herein when further documents are obtained. Atthe presenttime, Respondent intendsto rely uponthedocumentsand statements contained in the FAA's Items ofproof. Respondent intendsto take the depositionsofpersonnelfrom SignatureTechnicAirand anydocumentsdiscovered during such depositions may also be introduced. Respondent will also submit portions ofMach OneAirCharter, Inc.'s General Operations Manual (GOM), which
are referenced as H-1/R-13/10-10-13 and F-1/R-11/11-5-2010 (copies enclosed).
[signature on following page]

Pa e6 RESPONDENT'S RESPONSE TO COMPLAINANT'S REQUEST FORADMISSIONS, INTERROGATORIES AND REQUESTS FOR PRODUCTION OF DOCUMENTSDATED: July 

## IS 2015 STEVEN 

### L. GRAFF, INC. A Professional Law Corporation

Attorney at law 43399 Calle De Velardo Temecula, CA 92592 (951) 303-6400 tel (800) 839-7777 toll free aviationcounsel@aol.com Attorneyfor Respondent

Pa e 7 RESPONDENT'S RESPONSE TO COMPLAINANT'S REQUEST FORADMISSIONS. INTERROGATORIES AND REQUESTS FOR PRODUCTION OF DOCUMENTSCurriculum Vitae 

## Joshua Chin City of Industry, CA 562-646-7095 josh.chin@net-force.net Education In Progress California State Polytechnic University, Pomona, California 2016 Candidate, Master of Science in Business Administration in Information Assurance 2010 College of Business Administration California Slate Polytechnic University, Pomona, California Degree: BachelorofScience in Business Administration, Major: Computer Information Systems (CIS) Majoracademic courses: Internet Security/Computer Information Systems Security Professional, Information Systems Auditing, Network Security, Web Applications Security, Computer Forensics
Relevant Experience Managing Partner and Executive Director Net Force, City of Industry, CA Major Client Projects Include:
• Internal Penetration Test • External Penetration Test • Social Engineering Assessment • Incident Response • Employee Investigation • Electronic Discovery Collection and Processing • Cisco NetworkSecurity Director of Operations, Security Media Company, City of Industry, CA Forensics Examiner and Information Systems Auditor Canaudit, Inc, Simi Valley, CA

Professional Certifications May2012 - Present

February 2001 - Present July 2010- May2012

National Security Agency (NSA) Center of Academic Excellence (CAE)
• NSA NSTISSI 4011: NationalTraining Standard for Information System Security Systems Professional • NSA CNSSI 4012: National Information Assurance Training Standard for Senior Systems ManagersTeaching Experience CyberPatriot Cyber Security Mentor 20 13
- Present CyberPatriot VII (2014-2015)- Troy High School, Fullerton, CA CyberPatriot VII (2014-2015)- St. Marks Lutheran School, Hacienda Heights, CA CyberPatriot VII (2014-2015)
- Robert F. Kennedy Community Schools, Los Angeles, CA CyberPatriot VI (2013-2014)- Troy High School, Fullerton, CA National Finalist Team

- 1 '' Place Digital Crime Scene

- 2nd Place Cisco Challenge

- 41h Place Overall in the Nation Cyber Camp Advisor for the US Cyber Challenge

- 2015- Lead Cyber Camp Advisor for the Illinois State Camp

- 2014- Lead Cyber Camp Advisor for the Western Regional Camp

- 2014- Lead Cyber Camp Advisorfor the Illinois State Camp

- 2013- Lead Cyber Camp Advisorfor the Western Regional Camp

- 2012- Lead Cyber Camp Advisor forthe Southern California Camp

- 2012- Cyber Camp Advisor for the Eastern Regional Camp

- 2011
- Cyber Camp Advisorfor the Southern California Camp CyberSecurity Day Camp Instructor San Jose State University, San Jose, CA -Gritting (April 5, 2014) -Introduction to Digital Forensics (April 6, 2013) Professional Development Lecturer for Canaudit, Inc. Simi Valley, CA

- IT Audit and Security Bootcamp (December 8-10 201 0) -Computer Forensics (October5-7 2010) Guest Lecturer, Cal-Poly Pomona, Pomona, CA Forensic and Security Technology Club (FAST)

- Introduction to Forensics, Security and the Changing Landscape

- Introduction to Social Engineering
Presentations and Research Projects "Metasploit Kung-Fu" 20 12
- Present

U.S. Cyber Challenge- Moraine Valley Community College, Palos Hills, IL (July 2014) "Gritting" U.S. Cyber Challenge San Jose State University Day Camp, San Jose, CA (April2014) "Business Continuity/Disaster Recovery" Information Systems Audit and Control Association, Los Angeles, CA (February 2014) "Security Operations Center Best Practices" Information Systems Audit and Control Association, Los Angeles, CA (January 2014) "Information Security Soft Skills -Incident Handling Case Studies" Information Systems Audit and Control Association, Los Angeles, CA (December 2013)"Changes in Vendor Management and California Data Breach Laws" Information Systems Audit and Control Association, Los Angeles, CA [November2013) "Failure is an Option" BSides Security Conference- Orange County, Orange, CA [September 2013) "Introduction to Digital Forensics" U.S. Cyber Challenge San Jose State University Day Camp, San Jose, CA [April2013) "Chief Information Security Officer Forum: Wi-Fi Security Challenges" Information Systems Audit and Control Association, Los Angeles, CA [January 2013) "Chief Information Security Officer Forum: SSAE16 SOC 2 User's Guide" Information Systems Audit and Control Association, Los Angeles, CA [November2012) "Non-Traditional Data Breaches in Social Media" 2012 High Tech Crimes Investigation Association International Conference, Hershey, PA [September20 12) "Face Who? Wiki-What? Yelp Where? Linked-When? Why Space?" Brea Olinda High School. Brea, California [April28, 2012)
Publications and Contributions A look ahead: Forecasts for2014- SC Magazine. [n.d.). Retrieved December20,2013, from http:lfwww.scmagazine.com

### Ia-look-ahead-forecasts-for-2014/article/320599/
Awards
• 3•d Place Finalist- 2013 Symantec Cyber Readiness Challenge- Summerlin, NV • 3•d Place Finalist- 2013 Symantec Cyber Readiness Challenge- Mountain View, CA • 2nd Place Finalist- 2012 Symantec Cyber Readiness Challenge- Irvine, CA • 2nd Place Winner in Capture the Flag Competition- 2010 US Cyber Challenge California Cyber Camp • 2nd Place in Computer Forensics- 2010 Information Technology Competition
Professional Associations
• High Tech Crimes InvestigatorAssociation [HTCIA) o 2014- 2015- Southern California Chapter Secretary o 2013- 2014- Southern California Chapter President o 2012- 2013- Southern California Chapter First Vice President • Information Systems Audit and Control Association [ISACA Los Angeles) o 2013- Present- Vice-Chair, Cybersecurity Interest Group • Open Web Application Security Project, Los Angeles [OWASP-LA) • BSides Los Angeles Conference Organizer o 2014- Present- BSidesLA Board Member • FBI lnfragard, Los Angeles • United States Secret Service Los Angeles Electronic Crimes Task Force

### CERTIFICATE OF SERVICE I hereby certify that I have this day, placed in the United States mail, postage prepaid, a copy of the 

### RESPONDENT'S RESPONSE TO COMPLAINANT'S REQUEST FOR ADMISSIONS, INTERROGATORIES AND REQUESTS FOR PRODUCTION OF DOCUMENTS addressed to: 

### GLENN H. BROWN, ESQ. Office ofthe Regional Counsel 

### FEDERAL AVIATION ADMINISTRATION 222 W. 7TH Avenue #14 Anchorage, Alaska 99513-7586

Iherebyfurthercertifythat Ihavethisday, placed in the United States mail, postage prepaid, the original and copy of the 

### RESPONDENT'S RESPONSE TO COMPLAINANT'S FIRST REQUEST FOR DISCOVERY addressed to: 

### FEDERAL AVIATION ADMINISTRATION The Hearing Docket, AGC-430 WilberWright Building
- Room 2W1000 800 IndependenceAvenue, S.W. Washington, D.C. 20591
I declare under penalty of perjury underthe laws ofthe state of California that the foregoing is true and correct and thatthis document is executed on Julyli._2015 atTemecula, California.



### Pa e 8 RESPONDENT'S RESPONSE TO COMPLAINANT'S REQUEST FORADMISSIONS, INTERROGATORIES AND REQUESTS FOR PRODUCTION OF DOCUMENTSJuly 13, 2015 43399 Calle De Velardo Temecula, CA 92592 (951) 303-6400 tel.- (951) 303-0723 fax Aviationcounsel@aol.com

FEDERAL AVIATION ADMINISTRATION The Hearing Docket, AGC-430 WilberWright Building
- Room 2W1000 800 Independence Avenue, S.W. Washington, D.C. 20591 Re: FAA adv. MACH ONEAIR CHARTERS, INC. FDMS NO.: FAA-2015-0643 

# RECEIVED JUL 202015 HEARING DOCKET



# TRANSMITTAL COVER SHEET

The enclosed documents are foryour file and/orappropriate action.