07/28/201 0 14:0 4 FAX 2024935142 FAA •> DM S @1001/010 

Christopher D. Nisscn, Esq. State Bar No. 202034 

MAISNING & MARDER 

KASS, ELLROD , RAMIREZ LLP 

15th Floor at 801 Tower 

801 South Figueroa Street 

Los Angeles, CA 90017 

Telephone: (213) 624-6900 

Attorneys for Respondent, S/P Resources, Inc. 

RECEIVED 

':i?.. 2 0 2010 

HE.AR5NG DOCKE T 

U.S. DEPARTMENT OF TRANSPORTATION 

REGIONAL COUNSEL 

FEDERAL AVIATION ADMINISTRATION 

c5 

In the Matter of: 

S/P Resources, Inc., 

Respondent. 

FAA DOCKET tPlOi-'?^^ ^ 

FAA CASE NO.: 2009WP700017 

NOTICE OF CONTINUANCE OF 

TAKING DEPOSITION OF 

ELVESTER RICHARDSON AND 

REQUEST FOR PRODUCTION 

OF DOCUMENTS AT TIME OF 

DEPOSITION^ 

TO ALL PARTIES AND TO THEIR ATTORNEYS OF RECORD: 

PLEASE TAKE NOTICE that, per the agreement of counsel, Respondent S/P Resources, 

Inc., has continued the deposition of witness, Elvester Richardson, previously scheduled to take 

place on July 20, 2010. Upon oral examination, pursuant to 14 CFR § 13.220(j)(3), the 

deposition will now go forward on July 26,2010 commencing at 12:30 p.m., at the Law Offices 

of Manning & Mardcr, Kass, Ellrod, Ramirez, LLP, located at 801 South Figueroa Street, 15th 

Floor, Los Angeles, California 90017, before a Notary Public/Certified Shorthand Reporter in 

and for the County of Los Angeles. 

/// 
07/28/2010 14:05 FAX 2024935142 FAA - DMS 121002/010 

You are further notified that the deponent is not a party to this action. So far as known to 

the deposing party deponent's address and telephone are as follows: Air-Sea Forwarders, Inc., 

9009 South La Cienega Boulevard, Inglewood, California 90301-4497 - (310) 216-1616, 

Said deponent will be served with a U.S.D.O.T, Federal Aviation Administration Civil 

Penalty Subpoena, a copy of which is attached hereto. 

PLEASE TAKE FURTHER NOTICE that request is hereby made, pursuant to FAA 

Rules of Civil Practice 13.220, et scq., that said deponent produce at the aforementioned 

deposition the following documents and other things in the custody of said deponent and/or said 

deponent's attorneys, employees, agents and investigators: 

1. Provide a copy of all written statements/affidavits/declarations provided to the 

FAA. 

2. Provide a copy of all documents provided to the FAA. 

3. Provide a copy of all documents signed by James Trato. 

4. Provide a copy of all document sent or received by Jaines Trato and/or S/P 

Resources, Inc. 

5. Provide a copy of any and all recorded statements of any witnesses having 

personal knowledge of the incidents alleged in the complaint including but not 

limited to tape recordings and transcriptions of the tape recordings. 

6. Provide a copy of any and all documents relating to the product allegedly offered 

for shipment by S/P Resources, Inc., on or about October 15, 2008. 

7. Provide a copy of any and all documents you contend reflect S/P Resources, 

Inc.'s, or James Trato's written consent to offer any product for shipment on or 

about October 15,2008. 
07/28/201 0 14:05 FAX 2024935142 FAA + DMS @1003/010 

8. Provide a copy of any and all documents you contend support your assertion that 

S/P Resources, Inc., and/or James Trato provided you written authorization to ship 

the product. 

9. Provide a copy of any and all documents provided to you by S/P Resources, Inc., 

and/or James Trato in connection with the Product. 

10. Provide a copy of any and ail documents that your assertion that the product was a 

hazardous, flammable produce while stored in your warehouse. 

11. Provide a copy of any and all documents that you provided to the FAA in 

connection with S/P Resources, Inc., or James Trato. 

12. Provide a copy of any and all documents sent or received by Ms. McGowcn in 

connection with S/P Resources, Inc., and James Trato. 

13. Provide a copy of any and a! 1 documents that support your assertion S/P 

Resources, Inc., and/or James Trato hired you to ship any products. 

14. Provide a copy of any and all "Shipper's Certification of Articles Not Restricted" 

with Air-Sea Forwarders, Inc., that you contend were signed by S/P Resources, 

Inc, and/or James Trato. 

15. Provide a copy of any and all "Shipper's Letter of Instructions" with Air-Sea 

Forwarders, Inc., that you contend was signed by S/P Resources, Inc., an<l/or 

James Trato. 

16. Provide a copy of any and all labels provided to you by S/P Resources, Inc., 

and/or James Trato, 

17. Provide a copy of any and all documents reflecting your interviews with LaTonza 

McGowcn relating to S/P Resources, Inc., and/or James Trato. 
I 07/28/2010 14:05 FAX 2024935142 FAA + DMS @1004/010 

If said deposition is not completed on said date, the taking thereof will be continued from 

day to day thereafter at the same place, Sundays and holidays excepted, until completed. 

Dated: July 14,2010 MANNING &MARDER 

KASS, ELLROD, RAMIREZ 11 p 

By: 

ChristopherNp. Nissen 

Attorneys for Resrioifdent, S/P Resources, 

Inc. 
+ DMS 121005/010 

07/28/201 0 14:0 5 FAX 2024935142 F^*^ 

U.S. DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

CIVIL PENALTY SUBPOENA 

In the M;it(er of: Doekec No.: CPlOWPOOp; 

S P R£SOURCFS. >N<;: . DMS No.: ^^10.0319 

FAA CASK NUMHER 2009 WP70nOI 7 Usutrt on: / ' 

Under N CF.K i )3 228la). VOU .^RE REQt'|R£l>: 

I I To appear and t<sTi(> bctore iin Administrative Ldw Judge of the DepartmcfH ofTfunsponaiion 

al. 

in ihc i:it> of _^ _^^_^^__^____ ^ *" 't^s ^_^__^^__^__ ^^y *l _ 20 __, 

j ^ To apcxar and Ksiify al a (Ijposiiion (o be conducied by: QAI(^ISTt>Pn6K'K)\VS£^Kt ^ V K^SPP^^Cl^T 

Ill ibe city of ^1 ^6 Avifl^Ly.S on the 2J^**^ day of Ot^|sJ 20 IQ . 

al l2.'- iO pm ^^^ ^ ~ 

j ^ To bring wjlh you and product; ibc follov^lng documeniis. record.'?, papers. book&, and largibic items' 

II you have an> quesiions about ihis swbpocra, contaci N^ \ \»^/..LA Aw" Utl/tA-l^^- J 

a» cbis addrci:i and lelephonc number: fO\ *3. ,^&t)(.m A Si-jJ 1^*^1 PI. , ( 0<; ^4-rT^/'^l^-,S 

A"^^n.. ^ ^ Jt' Vh/C/a^.. 

Sitphanie McCI.lir 

Hearing UocLct Clerk 

Auihorii)- M C.I-R. i 13 23S; 49 U.S C H i^-^ ;inil 1 J'U'C'- '>f •''' ••' -"^ <^ ?» '^<''U^ a'lJ '06(ti)(n 

ANY PERSON WHO DOES .NOT OBKV THIS SUBPOEN.4 rS SUBJECT TO 

f IJVE OR IMPRISONMENT OK BOTH UNDER 49 U.S.C § 46313. 
07/29/201 0 14:05 FAX 2024935142 FAA + DMS gl006/01 0 

RETURN OF SF.RVICE 

...c« ' ^^"J^""? ' *^u' ^ ''^P''"'^ ' ^ «"ei"'*' (^ir^lc otie) of this subpoena, was sen'ed on the 

person named la the subpoena 

by: 

at: ' ^ • — 

•3" the day of 20 iO 

Name of person making service; 

Official Title. 
r** •> nuR 01007/010 

07/28/2010 14:05 FAX 2024935142 FAA ' UMb ei / 

ATTACHMENT 'A' TO SUBPOENA 

REQUESTS FOR PRODUCTION OF DOCUMENTS: 

1 - Provide a copy of all written statements/affidavits/declarations provided to the FAA. 

2. Provide a copy of all documents provided to the FAA. 

3. Provide a copy of all documents signed by James Trato. 

4. Provide a copy of all document sent or received by James Trato and/or S/P Resources, 

Inc. 

5. Provide a copy of any and all recorded statements of any witnesses having personal 

knowledge of the incidents alleged in the complaint including but not limited to tape 

recordings and transcriptions of the tape recordings. 

6. Provide a copy of any and all documents relating to the product allegedly offered for 

shipment by S/P Resources, Inc., on or about October 15, 2008. 

.2 Provide a-copy oiany and all documents you contend reflect S/P Resoutces, ITIC.'S, oi 

James Trato's written consent to offer any product for shipment on or about October 15, 

2008. 

8- Provide a copy of any and all documents you contend support your assertion that S/P 

Resources, Inc., and/or James Trato provided you written authorization to ship the 

product. 

9. Provide a copy of any and all documents provided to you by S/P Resources, Inc., and/or 

James Trato in connection with the Product. 

10. Provide a copy of any and all documents that your assertion that the product was a 
07/28/201 0 14:0 5 FAX 2024935142 FAA * DMS @1008/010 

hazardous, flammable produce while stored in your warehouse. 

11 Provide a copy of any and all documents that you provided to the FAA in connection wuh 

S/P Resources, Inc., or James Trato. 

12. Provide a copy of any and all documents sent or received by Ms. McGowen in connection 

with S/P Resources, Inc., and James Trato. 

13- Provide a copy of any and all documents that support your assertion S/P Resources, Inc., 

and^or James Trato hired you to ship any products, 

14. Provide a copy of any and al! "Shipper's Certification of Articles Not Restricted" with 

Air-Sea Forwarders, Inc., that you contend were signed by S/P Resources, Inc., and/or 

James Trato. 

15. Provide a copy of any and all "Shipper's Letter of Instructions" with Air-Sea Forwarders, 

Inc., that you contend was signed by S/P Resources. Inc., and/or James Trato. 

16. Provide a copy of any and all labels provided to you by S/P Resources, Inc., and/or James 

Trato. 

17. Provide a copy of any and all documents reflecting your interviews with LaTonza 

McGowen relating to S/P Resources, Inc., and/or James Trato. 

Dated: July 14, 2010 MANNING & MARDER 

KASS, ELLROD, I^MIREZ LLP 

By: _ 

Cliristopll^cr D, Nissen 

Attorneys for Resptfiii^nt, S/P Resources, Inc. 
07/29/201 0 14:0 5 FAX 2024935142 FAA * DMS Igl009/010 

PROOF OF SERVICE 

I am employed in the County of Los Angeles, State of California. I am over the age of 18 

and not a pany to the within action; my business address is 801 S, Figueroa Street, 15ihi Floor, 

Los Angeles, California 90017. 

On July 14, 2010,1 served the document described as NOTICE OF CONTINUANCE 

OF TAKING DEPOSITION OF ELVESTER RICHARDSON AND REQUEST FOR 

PRODUCTION OF DOCUMENTS AT TIME OF DEPOSITION on all interested parties in 

this action by placing true copies thereof enclosed in sealed envelopes addressed as follows: 

Federal Aviation Administration 

800 Independence Avenue, SW 

Washington, DC 20591 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building - Suite 2W1000 

Courtney Adolph 

Regional Counsel, Western-Pacific Region 

Office of the Regional Counsel 

AWP-7.4, Federal Aviation Administration 

Western-Pacific Region 

P.O. Box 92007 

Los Angeles, CA 90009-2007 

(310)725-7128 

(310)725-6816 Fax 

The Honorable Richard C. Goodwin, Administrative Law Judge 

Office of Hearings, M-20 

US, Department of Transportation 

1200 New Jersey Avenue, S.E. 

East Building Ground Floor, Room El2-320 

Washington, D.C. 20590 

(202)366-2139 Attorney-Advisor 

(202)366-5121 Legal Assistant 

(202)366-7536 Fax 

Alan M- Klein 

Law Offices Of Alan M. Klein 

16311 Vcntiira Blvd., Suite 1200 

EncinoCA, 91436 

telephone: 818-986-3141 

Facsimile: 818-986-8141 
^ DMS g|010/01 0 

07/28/201 0 14:0 5 FAX 2024935142 FAA 

HI (BY MAIL) I placed such envelope for collection to be mailed with postage thereon 

prepaid in the United States mail at Los Angeles, California. 

I am "readily familiar" with the firm's practice of collection and processing 

correspondence for mailing. Under that practice it would be deposited with the U.S. 

postal service on that same day with postage thereon fully prepaid at Los Angeles, 

California in the ordinary course of business. I am aware that on motion of the p)arty 

served, service is presumed invalid if postal cancellation date or postage meter date is 

more than one day af^er date of deposit for mailing in affidavit. 

G (BY OVERNIGHT COURIER): I placed the above-referenced document(s) in (an) 

envelope(s) designated by the express service carrier (UPS) for overnight delivery, 

addressed as indicated above. I delivered said UPS envelope to the personnel of our mail 

room. I am "readily familiar" with the firm's practice of collecting and processing 

documents intended for UPS overnight delivery. Under that practice, after the document 

is delivered to the firm's mail room, it is deposited that same day, with delivery fees 

provided for, in a box or other facility regularly maintained by the express service carrier 

or is delivered to an authorized courier or driver authorized by the express service carrier 

to receive documents, for overnight dehvery." 

L J (BY FACSIMILE) I telecopied such document to the ollkes of the addres.'see at the 

above-mentioned fax number. 

_(3 (STATE)JLd£clar& under penalty of perjury under the 1 aws-^f4he State of CalifoiTria thatthe above is true and correct. 

Executed on July 14, 2010, at Los Angeles, California.