10/09/2012 12:12 4252271007 ANM7 PAGE 02/08 

JtrFRE:Y HARPER 

FAA OFFICE OF REGIONAL COUNSEL 

1601. LIND AVENUE SOUTHWEST 

RENTON, WASHINGTON 98057 

TELEPHONE: (425) 227-21.61 

FACSIMILE: (425) 227-1007 

7~!7 41• I ~. 2: 2b 

UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

In the Matters of: 

Leading Edge Aviation.> Inc. 

To: Leading Edge Aviation, Inc. 

FAA Case No. 2011NM070089 

DMS No. FAA"2012-0783 

Honorable Richard C. Goodwin 

Complainant's Responses to 

Respondent's Requests for Production 

Pursuant to 14 C.F.R. § 13.220, and consistent with Fed.R.Civ.Pro. 26 and 34, Complainant 

responds to Respondent's Requests for Production served September 7, 2012. Complainant 

is aware ofatt.d understands the continuing nature of his discovery obligation. Thi.s is not a. 

complete production; in light of expansive scope of a number of Respondent's Requests, 

records review to identify responsive documents is ongoing. TI1i.s discovery will be 

supplemented as necessary should additional responsive documents be discovered. Where an 

objection is noted, but a substantive response is provided> the substantive response is 

provided without waiving the objection. 

All responses a'{'e subject to objecti~ns as documented in the privilege log provided 

contemporaneously with these responses. 

Drafts o£ pleadings, to include copies with comments by FAA personnel, will not be 

produced, as privileged under the Attorney Work Product and Deliberative Process 

privileges. 

Request for Production No. 1: All documents relating to Leading Edge. 

Answer: Objection, overbroad, to the extent the request seeks production of 

documents irrelevant to 11le claims and defenses of this matter and is unlimited with 

respect to time. F.R.C.P. Rule 26(b)(l). Objection, overbroad, to the extent the 
10/09/2012 12:12 4252271007 ANM7 PAGE 03/08 

request seeks production of documents prepared in anticjpe.tion of litigation. F.R.C.P. 

Rule 26(b)(3)(A). This request is being interpreted as only applying to material 

relating to the Part 145 certifica~ held by Leading Edge. With that proviso, all 

otherwise unobjectionable mate:tl.al relating to Respondent's work on. N5758H is 

enclosed or will be provided by the October 31,2012 deadline provided for in the 

Judge's Order of October 1. 2012. 

Requestfor Production No. 2: All d.ocuments relating to this matter. 

Answer: Enclosed or will be provided by the October 31. 2012 deadline provided. for 

in the Judge's Order of October 1, 2012. 

Requ~stfor Production No.3: All documents used or relied upon to prepare answers to 

interrogatories or requests to admit. 

Answer: Enclosed or vvi.Il be provided by the October. 31,2012 deadline provided for 

in the Judge's.O:r:der of October 1, 2012. 

Request for Production No. 4: All documents used or relied upon to prepare the Complaint. 

AnS11ler: Object to the extent the request implicates the attorney work product, 

attorney client~ or deliberative process privileges. Enclosed. 

Request for Production No. 5: A11 "items ofprooe for the enforcement action against 

Leading Edge. 

A.nswer: Enclosed~ with the exception ofitem ofProofNo. 13, which is a subject of a 

Motion for Confidential Order. 

Request for Production No. 6: All communications with Leading Edge relating in any way to 

this matter. 

Answer: All written communications ar.e enclosed~ To the extent records were kept of 

oral communications, those records are enclosed or will be provided by the October 

31, 2012 deadHne provided for in the Judge's Order of October 1, 2012. 

Request for Production No. 7: All communications between the FAA and third parties 

relating in auy way to Leading Edge and/or this en.fo:r:cement ·action. 

Answer: Enclosed or will be provided by tl1e October 31, 2012 deadline provided fo:r 

i.n the Judge's Order of October 1, 2012. 

Request for Production No. 8: Th.e curriculum vitae ofany expert witness that the FAA may 

have testify at the hearing~ along with any and all documents relied. upon, reviewed, received, 

prepared, or drafted by the expert in connection Vvith his or her proposed testimony at the 

hearing ofth.is matter. 

Comphunant's Response!! to Respondent's Requests for Produ.ction 

Leading Edge Aviation, rnc. 

DMS Nos. fAA-2012"0783 

Page 2of7 

J:EF.FREY. M. HARPER, FAA A ITORN.P.Y 

TEl .. ; 425.227.1417: FAX; 425.227.1007 
10/09/2012 12:12 4252271007 ANM7 

Answer: Expert witnesses have not, as of the time of this response, been identified. 

Comple.in.an.t is cognizant of the ongoi.n.g nature of its Discovery obligatio:o., and will 

provide the requested information if and when an expert witness is identified. 

Request for Production No. 9: All docwnents that the FAA may use at the hearing of this 

matter. 

PAGE 04/08 

Answer: Enclosed or. will be provided by 1he October. 31, 2012 deadline provided fo:r. 

in tll.e Judge's Order of October 1, 201.2. 

Requestfor Production No. 10: All subpoenas issued i:o. this matter. 

Answer: As of the date of this response, no subpoenas have been issued in this 

matter. 

Requestfor Production. No. 11: All documents that the FAA may use at any deposition in. 

this matter. 

Answer: As of this date, Complainant has not noticed any depositions in this matter. 

Complai.n.ant is cognizant of the ongoing nature of its Discovery obligation, and will 

provide the :r:equested infonnation in the event a deposition is noticed. 

Request for Production No. 12: All documents relied upon, reviewed, or prepared by the 

FAA relating to· this matter. 

Answer: Objection, to the extent the request implicates the attorney work produ.ct, 

attorney client, and deliberative process privileges. Encl.osed1 or will be provided by 

the October 31, 2012 deadline provi.ded for in the Judge's Order of October 1, 2012. 

Request for Production No. 13: All documents relating to inspection.s, reviews~ or 

examinations by the FAA of the Aircraft. 

Answer: Objection, overbroad, to the extent the request see.ks production of 

documents irrelevant to the claims and defenses of this matter and is unlimited with 

respect to time. F .R.C.P. Rule 26(b )(l ). Documents relati.ng to inspections, reviews, 

or examinations by the FAA of the Aircraft relevant to this case (specifi.cal.ly 

including "conformity in.spection[sr referenced in Respondent's Request to Admit 

No. 18) are enclosed or will be provided by the October 31, 2012 deadline provided 

for in the Judge's Order of October l, 2012 .. 

Request for Production No. !4: All documents relating to inspections, reviews~ or 

exam.inations by the FAA ofthe Aircraft's log books. 

Answer: Objection, overbroad, to the extent the request seeks production of 

documents irrelevan.t to the claims and defenses ofth.is matter and is unlimited with 

respect to tint.e. F.R.C.P. Rule 26(b)(l). Documents relating to inspections, reviews, 

Complainant's Responses to Respondent's Requests for Produetioo 

Leading Edge Aviation, In.e. 

DMS Nos. FAA-2012·0783 

Page 3 of7 

JEFFREY M. 1-IA'R.l"F.R, p AA ATTOkNEY 

TEL: 425.227.1.417; FAX: 425,227.1.007 
10/09/2012 12:12 4252271007 ANM7 PAGE 05/08 

or examinations by the FAA of the Aircraft log books relevant to this case 

(specifically including .. confor.mity inspection[s]" referenced in Respondent's 

Request to Admit No. 18) are enclosed or will be provided by the October 31,2012 

deadline provided for in the Judge's Order of October I, 2012. 

Request for Production No. 15: All documents that tbe FAA asserts support that Leadi;ng 

Edge violated Section 43.13(a) ofthe Federal Aviation Regulations (1.4 C.P.R.) "iu. that ~t 

perfonn.ed maintenance on an aircraft, engine. propel1er or appliance without using the 

m.ethods, techniques, and practices prescribed in. the current manufacturer's maintenance 

manual or Instructions for Continued Airworthiness prepared by its manufacturer." 

Answer: See Complainant's Answer to Respondent's Interrogatory No. 5. Enclosed 

or will be provided by the October 31~ 2012 deadline provided for in the Judge's 

Order ofOctobe.t' 1, 2012. 

Request.for Production No. 16: All documents that the FAA asserts support that Leading 

Edge violated Section 43.13(b) of the Federal Aviation Regulations (14 C.P.R.) "in that it 

perfonned maintenance on an aircraft; and failed to per.forrn the maintenance in a manner 

such that the conditi.on of the aircraft was at least equal to its original or properly altered 

condition." 

Answer: See Complainant's .Answer to Respondent's Interrogatory No. 6. Enclosed 

or will be provided by the October 31. 2012 deadline provided for in tl1e Judge's 

O:rder of October 1, 2012. 

Request for Production No. 17: A1l documents that the FAA asserts support that Leading 

Edge violated Section 43.l5(a)(l) of the Federal Aviation Regulations (14 C.F.R.) "in that it 

performed an inspection requited under Part 91. aud failed to perform it so as to determine 

whether the aircraft, or portion thereof under inspection, met all applicable airwortluness 

requirements." 

Answer: See Complainant's Answer to Respondent's Interrogatory No.7. Enclosed 

or wi11 be provided by the October 31, 2012 deadline provided for i:o the Judge's 

Order of October 1. 2012. 

Request for Production No. 18: AU documents that the FAA. asserts support that Leading 

Edge violated Section 145.20l(c)(l) '

4

in that it approved for return to service an article wh~n 

the maintenance, preventive maintenance~ or alteration was not performed in accordance 'With 

the applicable approved technical data or. acceptable to the Federal Aviation Administration 

(FAA)." 

Answer: See Complainant's Answer to Respondent's Interrogatory No.8. Enclosed 

or will be provided by the October 31, 2012 deadline provided for in. the Judge's 

Or.der of October 1. 2012. 

Complainant's Rcspcnses to Respondent's Requests for .Production 

Leading Edge Aviation, Inc. 

DMS Nos. F.A.A-2012-0783 

Page4 of7 

JEFFRBY M. HARPER, FAA ATTORNEY 

TE.J ... : 425.227.I4l7: PAX: 425.227,1007 
10/09/2012 12:12 4252271007 ANM7 

Request for Production No. 19: All documents that the FAA asserts support that Leadi.:u.g 

Edge violated Section 145.207(a) ofthe Federal Aviation Regulations (14 C.F.R.) "in that it 

failed to follow jts approved repair station manual." 

Answer: See Complainant's Answer to Respondent's Interrogatory No.9. Enclosed 

or will be provided by th.e October 31, 2012 deadline provided for in the Judge's 

Order of October l, 2012. 

Request for Production No. 20: All documents that the FAA asserts support that Leading 

Edge violated Section 145.2ll(b) of the Federal Aviation Regulations (14 C.P.R.) In that it 

failed to follow its quality control system when. perfonning maintenance, preventive 

maintenance, or alterations under its repair station certificate." 

PAGE 06/08 

Answer: See Complainant's Answer to Respondent's Interrogatory No. 10. Enclosed 

or will be provided by the October 31, 2012 deadline provided for in the Judge's 

Order of October l, 2012. 

Request for Production No. 21: All docwnents that the FAA asserts support that Leading 

Edge violated Section I45.215(a) ofthe Federal Aviation Regulations (l4 C.P.R.) in that it~ 

as a certificated repair station with a limited rating, perforro.ed maintenance, preventative 

maintenance, or alterations on an article which was not listed on its current capability list or 

its operations specifications." 

Answer~ See Complainant's Answer to Respondent's Interrogatory No. 11. Enclosed 

or will be provided by the October 31, 2012 deadline provided for jn the Judge's 

Order of October 1, 2012. 

Request.for Production No. 22: All documents relating to the FAA's confonnity inspections 

of the Aircraft. 

Answer: See Answer to Respondent's Request for Production Nos. 13 and 15. 

Enclosed or will be provided by the October 31,2012 deadline provi.ded for in the 

Judge's Order of October 1, 2012. 

Request for Production No. 23: All photographs, videos, or drawings of the Aircraft that 

relate to this matter. 

Answe1·: Enclosed or w.Ul be provided by the October 31, 2012 deadline provided for 

in the Judge's Qrder of October 1, 2012. 

Request for Production No. 24: All docwnen.ts relating to the FAA's investigation(s) of 

Leading Edge. 

Answer: Enclosed or will be provided by the October 31, 2012 deadline provided for 

in the Judge's Order of October 1, 2012. 

Complainant's Rcsl'onses t¢ Respondent's Requ~::sts for Production 

Leading Edge Aviation, !nc. 

JEPF!lEY M. HAF.PER, P A.A A i'TORNEY 

1EL: 42S.227.1417; FAX;425.227.I007 

DMS Nos. FAA-Z012-0783 

Page 5 of7 
10/09/2012 12:12 4252271007 ANM7 PAGE 07/08 

Request for Production No. 25: All documents encompassed by Leading Edge's Freedom. of 

Information Act (FOIA) request to the FAA. 

Answer: Enclosed or will be provided by the October 31, 2012 deadline provided for 

il1. the Judge's Order of October 1, 2012, based on undersign.ed counsel's good-faith 

interpretation of Respondent's FOIA request. 

RespectfuJiy submitted this 9th day of October, 2012. 

J. ~~·~ . Harper 

F~omey 

JMB/tk 

Complainant's Responses to Respondent's Requests for Production 

Leading Edge Avlation. Inc. 

DMS Nos. FAA-20!2-0783 

Page 6 of7 

JEFFREY M. ID.lu>ER, FAA ATTOJ'U.my 

TEL: 4.25.227.1417; FAX: 425.227.1007 
J 10/09/2012 12:12 4252271007 ANM7 

CERTIFICATE OF SERVICE 

I hereby certify that the foregoing Responses to Respondent's Req.uests for Production has 

been served via facsimile (without produced documents) and Certified Mail.,.;.. Return Receipt Requested (without produced documents) this date, to the following: 

The Honorable Richard C. Goodwin 

Office of Hearings, M-20 

1200New Jersey Avenue, S.E. (Ell-310) Washington., D.C. 20590 

TEL: (202) 366-2139 

FAX: (202) 366-7536 

Federal Aviation Administration (Original and one copy) 800 Independence Avenue SW 

Washington, D.C. 20591 

Attn: Heating Docket Clerk, AGC-430 

Wilbur. Wright BuildjJJg- Suite 2W1 000 

Fax: (202) 493-5142 

I hereby certify that the foregoing Responses to Respondent's Requests for Production bas 

been served via facsimile (without produced documents) and Certifl.ed Mail- Return Receipt Requested (with produced documents) tl'lis date, to the following: 

Fred C. Begy, Esq. 

Chuhak & Tecson 

30 South Wacker Drive, Suite 2600 Chicago~ IL 60606 

Tel: (31.2) 855-5442 

Fax: (312) 444-9027 

DATED this 9th. day ofOctobe.r, 201 

Te 1 Kirk 

Office ofRegional Counsel (ANM-7) 

Federal Aviation Administration 

1601. Lind Ave. SW Renton~ W A 98057 

(425) 227-2160 

Complainant's Responses 1:o R~:spondent's Rcque..qts for Production 

r .. ea.ding Edge Aviation, Tno, JEF.FF.t:BYM. Jio..R~. FAAATiORNEY 

DMS Nos. FAA-2012·0783 TEL: 425.227.1417; FAX: 425.227.1007 

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