### U.S. DEPARTMENT OF TRANSPORTATION Office of Hearings Washington, D. C.

The Liberty Foundation, Inc. FAA DOCKET NO. 2012-0477 (EIR 2011-GL-03-0070)

(Civil PenaltyAction) Hon. J. E. Sullivan, Administrative Law Judge

# RECEIVED NOV 052013 

## HEARING DOCKET

RESPONDENT'S MOTION TO STRIKE COMPLAINANT'S OBJECTIONS TO RESPONDENT'S LIMITED DISCOVERY REQUESTS Respondent, The Liberty Foundation, Inc. (Liberty), by and through its undersigned attorney, respectfully moves the Court for the entry of an order striking Complainant's objections to Respondent's limited discovery related to Respondent's AmendmentTo Complaint. In support of its Motion, Respondent shows: 1. Pursuant to the Court's Order served August 27, 2013 ("Order"), Respondent propounded both Interrogatories and Requests For Production to Complainant limited to the issues raised in Complainant's Amendment To Complaint. Attached hereto as Composite Exhibit A and made a part hereof are Respondent's Interrogatories and Requests For Production limited to the issues raised in Complainant's Amendment To Complaint. The Interrogatories and Requests for Production were served on Complainant's counsel by facsimile and regular U.S. Mail on September 11, 2013, and received by facsimile on that same date. Attached hereto as Exhibit B and made a part hereof are the facsimile confirmation showing delivery of
STUARTA GOLDSTEIN, P A. 7300 North Kendall Drive, Suite380, Miami,FL 33156 T: (305) 670-1222 F: {305) 400-0685 EMAIL: STlJARTGOLDSTEINPA@ATT.NET2 Respondent's limited discovery requests to Complainant's fax machine on September 11, 2013, as well as the envelope in which the discovery requests were mailed. 2. Paragraph 6 of the Order requires that "any objection(s) or motions regarding additional discovery shall be filed within ten (10) days after receipt." Emphasis in the original. Complainant's "Response To Limited Discovery Requests"
was served on October 17, 2013 (by mail only and not received by Respondent's undersigned counsel until October 22, 2013). Attached hereto as Exhibit C and made
a part hereof is Complainant's Response To Limited Discovery Requests. Complainant
never communicated with undersigned counsel to request additional time to respond to the limited discovery requests. 3. Pursuant to Paragraph 6 of the Order, Complainant's objections to Respondent's limited Interrogatories and Requests For Production were required by no later than September 23, 2013. Therefore, Complainant's objections were made twenty-four days (24) late. Although the government shutdown accounts for some of this time, the government shutdown did not occur until eight (8) days after the due date for any objections. WHEREFORE, Respondent respectfully moves for the entry of an Order striking Complainant's objections to Respondent's Interrogatories and Requests For Production limited to the issues raised in the Amendment To Complaint.

STUARTA. GOLDSTEIN, P. A 7300 North Kendall Drive, Suite 380, Miami,FL 33156 T: (305) 670-1222 F: (305) 400-0685 EMAIL: .SI.\.J..6_RTGOLDSTEIN_f'A@ATT NETRespectfully submitted, STUARTA. GOLDSTEIN, P. A. 7300 North Kendall Drive, Suite 380 Miami, FL 33156 Tel: (305) 670-1222 Fax: (305) 670-7065 Email: stuartgoldsteinpa@att.net ) 

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## <L By: 

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## !Jilt!!**({"'.Lit"~'**

## J:p,=l-=- S'tuartA. Goldstein Attorney for Respondent

CERTIFICATE OFSERVICE I HEREBY CERTIFY that the foregoing has been served on this October, 2013, as setforth below: Christopher 

### R. Stevenson, Esq. Office ofthe Regional Counsel Federal Aviation Administration P. 

### 0. Box 20636 Atlanta, GA 30320 By Facsimile (404) 305-5223 and regular U. S. Mail and that an original and one copy was served upon: Hearing Docket Clerk, AGC-430 Wilbur Wright Building, Suite 2W1000 Federal Aviation Administration 800 IndependenceAvenue, S. W. Washington, D. C. 20591

STUARTA GOLDSTEIN, P. A. 7300 North Kendall Drive, Suite380, Miami,Fl 33156 T: (305) 670-1222 F: {305) 400-0685 EMAIL: STUARTGOLDSTEINPAiillATT NET 3and that a copy was served upon: Honorable J. E. Sullivan Office of Hearings, M-20 U. S. Department ofTransportation 1200 NewJerseyAvenue, S. E. (E11-310) Washington, D. C. 20590 By Facsimile: (202) 366-7536 and regular U. S. Mail

STUARTA. GOLDSTEIN, P. A. 7300 North Kendall Drive, Suite 380, Miami,FL 33156 T: {305) 670-1222 F: (305) 400-0685 EMAIL: STliARTGOLDSTE!Nf'A@..i!J.lb!EI 4

### U.S. DEPARTMENT OF TRANSPORTATION Office of Hearings Washington, D. C.

The Liberty Foundation, Inc. FAA DOCKET NO. 2012-0477 (EIR 2011-GL-03-0070)

(Civil PenaltyAction) Hon. J. E. Sullivan, Administrative Law Judge

RESPONDENT'S INTERROGATORIES RELATED TO FAA'SAMENDMENTTO COMPLAINT The following interrogatories are related to the Complainant's Amendment To Complaint dated July 31, 2013. INSTRUCTIONSAND DEFINITIONS The words "document" and "exhibit" mean every manner of document in whatever media including, but not limited to, electronically stored documents, and includes without limitation, all tangible items and papers, whether printed, recorded, visually reproduced, or reproduced by an other mechanical process, written or produced by hand, or maintained as part of any electronic or computer database, including: affidavits, agreements, bills, cartoons, checks, communications, contracts and other official documents, correspondence, emails, drawings, files, invoices, photographs, receipts, sketches, test results, published materials of any kind, telegrams, ledgers, memoranda, orders, audio or video recordings, statements, notes, summaries or records of telephone conversations, summaries or records of personal conversations or

STUART A. GOLDSTEIN, P. A 7300 North Kendall Drive, Suita380, Miami, FL 33156 T· (305) 670-1222 F (305)400·0665 SJUARTGOI PSI.f.lHE...Jl..@.6JI.NEI 

# A2 interviews, diaries, calendars, reports, notebooks, charts, graphs, summaries or records of meetings or conferences, summaries or reports of investigations or negotiations, drafts, letters, any marginal comments or notes appearing on any documents an any and all other writings and data compilations. The words "identify" and "identity" when related to a person mean to list the person's name, address, telephone number, employer, and position of employment. When related to a document or exhibit, they mean to describe the document with sufficient specificity and the applicable page(s} thereof. To the extent a claim of privilege is made, please identify the privilege and the specific reasonsyou believe it applies. INTERROGATORIES 1. With regard to new paragraph 7(b), which alleges: "The aluminum fuel tanks fabricated and installed in N390TH in February, 2011 by Mr. Schneider rendered the aircraft unsafe forflight and unairworthy": A. Identify which witness(es) will testify as to this allegation. B. As to each witness identified in answer to Interrogatory 1 A, state whether such witness will testify as afact witness, an expertwitness, or both. C. As to each witness identified as an expert witness, in whole or in part, provide the information required by Rules 26(a)(1 ), 26(a)(2)(A), and 26(a)(2)B) (including all of its subparts), Fed. 

### R. Civ. P. D. As to each witness identified as afact witness, in whole or in part, specify in detail the expected testimony of such witness in support of the allegations of new paragraph 7(b).

STUART A. GOLDSTEIN, P. A 7300 North Kendall Drive, Suite 380, Miami,Fl 33156 T_ {305) 670.1222 F· (305) 400"06B5 EMAIL STUARIGOLDSJEINPA®ATTNET3 E. As to each witness identified in answer to Interrogatory 1A, identify precisely which exhibit{s) that witness referred to or relied upon as a basis for his/her expected testimony. 2. With regard to new paragraph 16{a), which alleges: "Mr. Schneider did not make
a maintenance record entry concerning the June 13, 2011, maintenance before returning the aircraftto service": A. Identify which witness{es) will testify as to this allegation. B. As to each witness identified in answer to Interrogatory 2A, state whether such witness will testify as afact witness, an expertwitness, or both. C. As to each witness identified as an expert witness, in whole or in part, provide the information required by Rule 26{a){1), 26{a){2){A), and 26{a){2)B) {including all of its subparts), Fed. 

### R. Civ. P. D. As to each witness identified as afact witness, in whole or in part, specify in detail the expected testimony of such witness in support of the allegations of new paragraph 16{a). E. As to each witness identified in answer to Interrogatory 2A, identify precisely which exhibit{s) that witness referred to or relied upon in his/her expected testimony. 3. With regard to new paragraph S{a), which alleges: "When Mr. Schneider replaced the bladder fuel tanks with the fabricated aluminum tanks, he failed to use the methods, techniques, and practices prescribed in the current manufacturer's maintenance manual
or instructions for Continued Airworthiness prepared by its manufacturer, or other methods, techniques, and practices acceptable to the Administrator":

STUARTA GOLDSTEIN, P. A. 7300 North Kendall Drive, Suite 380. Mlaml,FL 33156 T (305) 670-1222 F· (305) 400·0685 EMAIL· SIUARIGOlQSTEINPA@ATTNEI4 A. Identify which witness(es) will testify as to this allegation. B. As to each witness identified in answer to Interrogatory 3A, state whether such witness will testify as afact witness, an expertwitness, or both. C. As to each witness identified as an expert witness, in whole or in part, provide the information required by Rule 26(a)(1), 26(a)(2)(A), and 26(a)(2)B) (including all of its subparts), Fed. R. Civ. P. D. As to each witness identified as afact witness, in whole or in part, specify in detail the expected testimony of such witness in support of the allegations of new paragraph 5(a). E. As to each witness identified in answer to Interrogatory 3A, identify precisely which exhibit(s) that witness referred to or relied upon in his/her expected testimony. 4. With regard to new paragraph 5(b), which alleges: "When Mr. Schneider replaced the bladder fuel tanks with the fabricated aluminum tanks, he failed to do the work in such a manner and use the materials of such a quality that the condition of the aircraft
was restored to its original or properly altered condition": A. Identifywhich witness(es) will testify as to this allegation. B. As to each witness identified in answer to Interrogatory 4A, state whether such witness will testify as afact witness, an expertwitness, or both. C. As to each witness identified as an expert witness, in whole or in part, provide the information required by Rules 26(a)(1), 26(a)(2)(A), and 26(a)(2)B) (including all of its subparts), Fed. 

### R. Civ. P.

STUART A GOLDSTEIN, P. A 7300 North Kendall Onve. SUite 380, Miamt,FL 33156 T (305) 670-1222 F (305) 40()..0695 EMAIL. STUARTGOlDSTEINPA@AT!NET5 D. As to each witness identified as afact witness, in whole or in part, specify in detail the expected testimony of such witness in support of the allegations of new paragraph 5(b). E. As to each witness identified in answer to Interrogatory 4A, identify precisely which exhibits that witness referred to or relied upon in his/her expected testimony. 5. With regard to new paragraph 18, which alleges: "On January 31, 2012, afinding of violation of sections 43.9(a), 43.9(d), 43.13(a), 43.13(b) of the Federal Aviation Regulations was entered against Mr. Schneider arising out of the above-described circumstances. In addition to being directly liable for violations of the Federal Aviation Regulations enumerated below, The Liberty Foundation is vicariously liable for the violations of Mr. Schneider, it's [sic] Director of Maintenance, which are detailed in the January 31, 2012, Order of Suspension, a copy of which is attached and incorporated by reference": A. Identifywhich witness(es) will testify as to this allegation. B. As to each witness identified in answer to Interrogatory 5A, state whether such witness will testify as afact witness, an expert witness, or both. C. As to each witness identified as an expert witness, in whole or in part, provide the information required by Rules 26(a)(1 ), 26(a)(2)(A), and 26(a)(2)B) (including all of its subparts), Fed. R. Civ. P. D. As to each witness identified as a fact witness, in whole or in part, specify in detail the expected testimony of such witness in support of the allegations of new paragraph 18.

STUART A. GOLDSTEIN, p_ A. 7300 North Kendall Drive, Suite 380, Miami,FL 33156 T" (305) 670·1222 F- (305) 4Q0-0685 EMAIL: SIUARTGO! OSIEINPA®AIINET6 E. As to each witness identified in answer to Interrogatory SA, identify precisely which exhibits that witness referred to or relied upon in his/her expected testimony. 6. With regard to the allegation that Respondent violated 14 CFR 43.13(a), state with specificity the "methods, techniques, and practices prescribed in the current manufacturer's maintenance manual or Instructions for Continued Airworthiness" that Respondent did not follow or adhere to for the work performed in February, 2011. The
answer to this Interrogatory should include the identity of all documents upon which the
answer is based. 7. With regard to the allegation that Respondent violated 14 CFR 43.13(a), state with specificity the "methods, techniques, and practices prescribed in the current manufacturer's maintenance manual or Instructions for Continued Airworthiness" that Respondent did not follow or adhere to for the work performed in June, 2011. The
answer to this Interrogatory should include the identity of all documents upon which the
answer is based. 8. With regard to the allegation that Respondent violated 14 CFR 43.13(a), state with specificity what tools, equipment, and test apparatus Respondent did not use but should have used in connection with the work performed in February, 2011. The answer to this Interrogatory should include the identity of all documents upon which the answer is based. 9. With regard to the allegation that Respondent violated 14 CFR 43.13(a), state with specificity what tools, equipment, and test apparatus Respondent did not use but

STUARTA. GOLDSTEIN, P, A. 7300 North Kendall Dnve. Suite 380, Miami,FL 33156 T (305) 670·1222 F (305) 4Q0-0685 EMAIL· STUARIGOlQSTE!NPA®ATTNET7 should have used in connection with the work performed in June, 2011. The answer to this Interrogatory should the identity of all documents upon which the answer is based. 1



## o. With regard to the allegation that Respondent violated 14 CFR 43.13(b), state with specificity the fact bases for the allegation that N390TH was not in a condition at least equal to its original or properly altered condition with regard to aerodynamic function, structural strength, resistance to vibration and deterioration, and/or other qualities affecting airworthiness, after the work performed in February, 2011. The
answer to this Interrogatory should include the identity all documents upon which the
answer is based. 11. With regard to the allegation that Respondent violated 14 CFR 43.13(b), state with specificity the fact bases for the allegation that N390TH was not in a condition at least equal to its original or properly altered condition with regard to aerodynamic function, structural strength, resistance to vibration and deterioration, and/or other qualities affecting airworthiness, after the work performed in June, 2011. The answer to this Interrogatory should include the identity all documents upon which the answer is based.

STUART A. GOLDSTEIN, P A. 7300 North Kendall Dnve, Surte 380, Miam1,FL 33'156 T (305) 670·1222 F (305) 400·0685 EMAIL STUARTGOLDSTEINPA@ATT NET8 CERTIFICATE OF SERVICE I HEREBY CERTIFY that the foregoing has been served on this 

### I

# f:Jh day of September, 2013, as set forth below: Christopher R. Stevenson, Esq. Office ofthe Regional Counsel Federal AviationAdministration P. 

### 0. Box 20636 Atlanta, GA 30320 By Facsimile (404) 305-5223 and regular U. S. Mail STUARTA. GOLDSTEIN, 

### P. A. 7300 North Kendall Drive, Suite 380 Miami, FL 33156 Tel: (305) 670-1222 Fax: (305) 400-0685 Email: stuartgoldsteinpa@att.net

# By:~

# tiktd;: StuartA. Goldstein Attorney For Respondent

STUART A GOLDSTEIN, P. A 7300 North Kendall DriVe, Suite 380. M1am1,FL 33156 T_ (305) 670-1222 F: (305) 400-0685 EMAIL· SI!JARTGO! Q$TE!NpA®ATTNET

### U.S. DEPARTMENT OF TRANSPORTATION Officeof Hearings Washington, D. C.

The Liberty Foundation, Inc. FAA DOCKET NO. 2012·0477 (EIR 2011-GL-03-0070)

(Civil PenaltyAction) Hon. J. E. Sullivan, Administrative Law Judge

RESPONDENT'S REQUEST FOR PRODUCTION RELATED TO FAA'SAMENDMENTTO COMPLAINT

INSTRUCTIONS AND DEFINITIONS The words "document" and "exhibit" mean every manner of document in whatever media including, but not limited to, electronically stored documents, and includes without limitation, all tangible items and papers, whether printed, recorded, visually reproduced, or reproduced by an other mechanical process, written or produced by hand, or maintained as part of any electronic or computer database, including: affidavits, agreements, bills, cartoons, checks, communications, contracts and other official documents, correspondence, emails, drawings, files, invoices, photographs, receipts, sketches, test results, published materials of any kind, telegrams, ledgers, memoranda, orders, audio or video recordings, statements, notes, summaries or records of telephone conversations, summaries or records of personal conversations or interviews, diaries, calendars, reports, notebooks, charts, graphs, summaries or records of meetings or conferences, summaries or reports of investigations or negotiations,

STUARTA GOLDSTEIN, P. A. 7300 NoJ1h Kendall Drive,**Su~e380** M1aml, FL 33155 T (305) 670-1222 F- {305} 400-0685 SI\JAR!GO! DSTEINPAIWATINEI2 drafts, letters, any marginal comments or notes appearing on any documents an any and all other writings and datacompilations. The documents produced in response to this Request For Production should be labeled or tagged so that Respondent's attorney will know to which Request the produced documents relate. To the extent a claim of privilege is made, please identify the privilege and the specific reasons you believe it applies.

DOCUMENTS TO BE PRODUCED 1. Unless previously provided, produce a copy of each document or exhibit referred to in your answers to Respondent's Interrogatories Related To FAA's Amendment To Complaint. 2. Unless included in your response to Document Request No. 1, produce a copy of all documents or exhibits which the FAA will utilize to attempt to prove Respondent is vicariously responsible for the conduct and/or knowledge of Rodney Schneider. 3. Produce all documents recovered by FAA or NTSB from N390TH that have not been previously produced that support or relate to the charges in the Amendment To Complaint.

STUART A GOLDSTEIN, P A 7300 North Kendall Drive, Suite 380. Miami, FL 33156 T: (305) 670-1222 F (305)400-0685**$TIIARTGOLpSTEINPA@AI~**3 CERTIFICATE OF SERVICE I HEREBY CERTIFY that the foregoing has been served on this

# ~day of September, 2013, as set forth below: Christopher R. Stevenson, Esq. Office of the Regional Counsel Federal Aviation Administration P. 0. Box 20636 Atlanta, GA 30320 By Facsimile (404) 305-5223 and regular U. S. Mail STUARTA. GOLDSTEIN, P. A. 7300 North Kendall Drive, Suite 380 Miami, FL 33156 Tel: (305) 670-1222 Fax: (305) 400-0685 Email: stuartgoldsteinpa@att.net

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# Jktci:', StuartA. Goldstein Attorney For Respondent

STUART A GOLDSTEiN, P. A 7300 North Kendall Drive, Suite380, M!am1, FL 3315fi T: (305) 670-1222 F {305) 400-0685 SJJ..1ABIUQ.I.QSllillf'.&J!'_8Il.t!flPrint Subject: Successful transmission to 14043055223. Re: UNKNOWN From: NoReply@MyFax.com (NoReply@MyFax.com) To: stuartgoldsteinpa@att.net; Date: Wednesday, September 11, 2013 4:03PM

Dear Stuart A. Goldstein, Re: UNKNOWN The 12 page fax you sent through MyFax.com to 14043055223 was successfully transmitted at 2013-09-11 20:03:08 (GMT). The length oftransmission was 498 seconds The receiving machine's fax ID: 4043055223

Ifyou need assistance, please visit our online help center at http://www.myfax.com/support/. Thank you for using the MyFax service. myFax.com

about:blank 9/11/13 4:10PM



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### c: .ronU.S.DEPARTMENTOFTRANSPORTATION OFFICEOFHEARINGS FEDERALAVIATIONADMINISTRATION



### FEDERALAVIATIONADMINISTRATION, Complainant,

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# ~ OCT 2·2 2013

# ~ By

vs. DocketNo. FAA-2012-0477 FAACaseNo.2011GL030070 LIBERTYFOUNDATION, Respondent. Judge Sullivan
FAA'SRESPONSETOLIMITEDDISCOVERYREQUESTS 

### RequestsforProduction 1. Nodocuments were referredto. 2-3. Objection. Asnoted intheJudge's Orderauthorizingadditional discovery,theFAAhas alreadyproduced all documents soughtbythese discoveryrequests, andthis discoveryrequestis undulyburdensometo theextentthatitseeksreproductionofsuch documents, whichhave previously beenidentifiedandprovidedduringthe first round ofdiscovery, inthe Amendmentto the Complaint, in theFAA'sresponseto the motion seekingreopeningofdiscovery,

### and inthe FAA's summaryjudgmentmotion. 

### Interrogatories 1-!>. Objection. AsnotedintheJudge's Order authorizingadditional discovery, theFAAhas alreadyidentifio;d all witnesses soughthythese discoveryrequests, and thisdiscoveryrequestis unduly**btudcn~ome** to the extentthatitseeksrepetitiveidentificationofthese**wimesso;~.** who have previouslybeenidentified duringthe firstroundofdiscovery, inthe Amendmentto the Complaint, inthe FAA'sresponseto the motion seekingreopeningofdiscovery, andinthe FAA's summaryjudgmentmotion. 6. As alreadyadmittedbythe Respondent's and itsthen-Director**ofMaintenan~:e** during this litigation, there areno suchmethods, techniques, andpractices withwhichtheRespondent couldhave followed. 7. Asalreadyadmined bytheRespondentandit'sthen-DirectorofMaintenancetestified in his deposition,there areno suchmethods,techniques, andpractices withwhichtheRespondent couldhavefollowed. 

# c8-9. Objection. TheAmendedComplaintmadeno factual allegationconcerningthese topics. Accordingly, these interrogatories arebeyondthe scope ofdiscoveryforthis limiteddiscovery period. I0-11. As explainedinthe FAA's summaryjudgmentmotionand attachments,the use of heavily welded aluminum shellsasfuel tanks made the aircraftvulnerableto vibrational and 

### flight stresses inways thatanoriginal orproperly alteredfuel tankwouldnothave been, as emphasizedbythebriskfailure ofthe welding in one ofthefuel tanks. Submitted this {'"f:ayofOctober, 2013.

CHRISTOPHER

### R. STEVENSON Attorney Office ofthe Regional Counsel



### CERTIFICATE OF SERVICE I hereby certifY thatthe foregoingFAA'sResponseto LimitedDiscoverywas sent
onecopyviacertifiedmail to: StuartA. Goldstein, P.A. 7300NorthKendall Dr., Suite 380 Miami, FL 33156 Facsimile: (305) 670-7065

# ~as ProgramAnalyst Office ofthe Regional Counsel 

### CCI. , ..... Dated