U.S. Department of Transportation . :;.·.r·AFlThM]·ff OF 

OFFICE OF HEARINGS t I I \:,\I;)PORTATIOIIJ Washington D.C.· ·.,..!,i(.·r:Y (\PFCl~·l·'ICV\\~·j 1 ,.,t1 •,i .. l \,)1 .,,.,J /'\ I \, 

IN THE MATTER OF 

LIBERTY FOUNDATION, INC. 

FAA DOCKET NO. 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 TO ALLOW LATE IDENTIFIED EXPERT WITNESS 

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, dated October 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 September 21, 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 that time the Complainant did not 

Identify Mr. Bourgoine's as a potential expert witness. 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 after discussions with the witness, as well as consideration of the Administrative Judge's 

comment that an aviation mechanic is likely to qualify as an expert witness in this case. Mr. Bourgoine is an 

Airframe & Powerplant mechanic and a holder of an Inspection Authorization. He worked on the aircraft at 

issue for 4 years prior to 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 of the aircraft. For these reasons, the 

1 
Complainant believes that Mr. Bourgoine can provide the trier of fact 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 of this motion, the Complainant has already sent the Respondent all the available 

information about Mr. Bourgoine, which is required by Rule 26 for 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 behalf of the CompiElinant, 

Adrianne Wojcik, Attorney, FAA-Great L 

Phone: 847-294-7057 

Fax: 847-294-7498 
CERTIFICATE OF SERVICE 

I hereby certify that I have this date mailed one copy ofthe foregoing "Complainant's Motion to Allow Late 

Identified Expert Witness" via FedEx mail mail to the following: 

Original: 

Federal Aviation Administration 

600 Independence Avenue S. W. 

Washington, D.C. 20592 

Attention: hearing Docket Clerk, AGC-430 

Wilbur Wright Building, Suite 2W 1000 

One Copy to: 

The Honorable J.E. Sullivan, Administrative Law Judge 

Office of Hearings, M-20 · 

U.S. Department of Transportation 

1200 New Jersey Avenue, S.E. (E11-310) 

Washington D.C. 20590 

(also faxed to 202'-366-7536) 

One Copy to: 

Stuart A. Goldstein, Esq. 

9350 South Dixie Highway 

lOth Floor · 

Miami, FL 33156 

(also faxed to 305-670-7065) 

Dated: November 16, 2012 

3