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### IN THE MATTER OF LIBERTY FOUNDATION, INC. FAA DOCKETNO. FAA-2012-0477 (Civil Penalty Action, EIR 2011-GL-03-0070) FDMS No. FAA-2012-0477 Administrative Law Judge: The Honorable J.E. Sullivan 

### RECEPv'ED 

## HEARJNG DOCKET

COMPLAINANT'S MOTION TOALLOWLATE IDENTIFIEDEXPERTWITNESS The Complainant moves to be allowed to disclose an expert witness after October 31, 2012. The Administrative Law Judge's "Order Setting Dates and Procedures," dated September 24, 2012, and the subsequent Order amending the date of general discovery, datedOctober 9, 2012, set October 31, 2012 as a discovery deadline to exchange expert W.itness information pursuant to Rule 26. The Complainant has previously identified two witnesses, Inspectors Soerens and Duellman, as his expert witnesses in reply to Respondent's interrogatory requests, served on September21, 2012. Additionally, on October 18, 2012, the Complainant identified Mr. Timothy Bourgoine as a potential witness, and provided the Respondent with Mr. Bourgoine's contact information. However, at thattime the Complainant did not Identify Mr. Bourgoine's as a potential expertwitness. At this time the Complainant would like to classify and use Mr. Bourgoine as an expert witness. The Complainant's decision to use Mr. Bourgoine as an expert. witness was made afterdiscussions with the witness, as well as consideration ofthe Administrative Judge's comment that an aviation mechanic is likelyto qualify as an expert witness in this case. Mr. Bourgoine is an Airframe & Powerplant mechanic and a holder ofan Inspection Authorization. He worked on the aircraft at issue for 4 years priorto leaving the Liberty Foundation Inc., so he is intimately familiar with this aircraft, its fuel system, and how decisions are made regarding maintenance and repairs ofthe aircraft. Forthese reasons, the 1Complainant believes that Mr. Bourgoine can provide the trier offact with the information not available from any other source. Therefore, he should be allowed to testify as·an expert witnesses in this case. Along with a copy ofthis motion, the Complainant has already sent the Respondent all the available information about Mr. Bourgoine, which is required by Rule 26for expert witnesses. The Complainant believes there is no prejudice to the Respondent in receiving this information at this time, as opposed to October 31, 2012. Mr. Bourgoine's name, identity, address and expected testimony have been already identified to the Respondent on October 18, 2012. At this point, the Complainant merely supplements the information about Mr. Bourgoine as an expert witness, which is required by Rule 26. No depositions have been taken or even scheduled yet, and the official deadline for completing depositions is not until December 14, 2012. For the foregoing reasons, the Complainant moves the assigned Administrative Law Judge for permission to identify and use Mr. Bourgoine as an expert witness. Submitted on the behalfofthe CompiElinant,

Adrianne Wojcik, Attorney, FAA-Great L Phone: 847-294-7057 Fax: 847-294-7498CERTIFICATE 

### OF SERVICE I hereby certify thatIhave this date mailed one copy ofthe foregoing "Complainant'sMotionto Allow Late IdentifiedExpert Witness" via FedExmail mail to the following: Original: Federal AviationAdministration 600Independence Avenue S.W. Washington, D.C. 20592 Attention: hearing Docket Clerk, AGC-430 WilburWright Building, Suite 2W 1000 One Copy to: TheHonorable J.E. Sullivan,AdministrativeLawJudge Office ofHearings, M-20 · U.S. DepartmentofTransportation 1200NewJerseyAvenue, S.E. (E11-310) WashingtonD.C. 20590 (also faxed to 202'-366-7536) One Copyto: StuartA. Goldstein, Esq. 9350 SouthDixie Highway lOth Floor · Miami, FL 33156 (also faxed to 305-670-7065)
Dated: November 16, 2012

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