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._;,_;,J"ET 0 t 1 1 \FEDERAL AVIATION ADMINISTRATION 

OFFICE OF HEARINGS 

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In the Matter of Northeastern Aviation Corp., Respondent 

Docket Nos. FAA-2012-1264 

Case Nos. 2012EA110030 

Administrative Law Judge J.E. Sullivan 

RECEIVED 

AUG- 9 2013 

HEARING DOCKET 

RESPONDENT'S RESPONSE TO FIRST SET OF INTERROGATORIES AND REQUEST 

FOR PRODUCTION OF DOCUMENTS AND REQUEST FOR ADMISSIONS 

COMES NOW the Respondent, by its undersigned counsel, hereby responds to the 

Agency's First Set of Interrogatories and Request for Production of Documents and Request for 

Admissions as follows: 

1. Identify the names, titles, business or home addresses and telephone numbers of each 

person whom the Respondent intends to call as a witness at the hearing of this matter. 

Response: 

(a) Mr. Michael Kalish. We do not have a home address for Mr. Kalish but he is represented 

by counsel and counsel's contact information is as follows: 

Eric Sachs 

Attorney at Law 

254 Pettit A venue 

Bellmore, New York 11710 

(516) 679-0400 

Fax: (516) 679-7406 

(b) Mr. Joe Labrozzi 

Chief Pilot 

Northeastern Airlines 

8200 Republic Airport, Suite #8, 

Farmingdale, NY 11735 
2. Provide the substance of the testimony to be offered by each of said witnesses. 

Response: 

(a) Mr. Kalish will testify to the events on August 22 and 23, 2011. Specifically he will 

confirm the statements made in the affidavit he will sign in this matter. The affidavit has 

not yet been signed but it has the same content as the unsworn to statement Mr. Kalish 

made that was included in Respondent's initial response to the FAA. In summary, the 

testimony will be that Mr. Kalish made a clerical error on the Sundance form and that he 

did in fact have the required 10 hours of rest; hence there was no violation of the F ARs. 

(b) The Chief Pilot will testify to Northeastern's general procedures to insure that all FAA 

regulations are complied with. He will also testify as to the general best practices 

Northeastern utilizes to insure safety at all times. 

3. With respect to each expert witness identified in response to request Nos. 1 and 2 above: 

(a) identify the subject matter on which the expert is expected to testify; 

(b) list the substance of the facts and opinions to which the expert is expected to 

testify; 

(c) provide a summary of the grounds for each opinion; 

(d) if the Respondent intends to introduce into evidence or otherwise rely upon a 

written curriculum vitae or other written document listing the expert's professional 

qualifications, identify and attach copies of all such documents. 

Response: Not Applicable. 

4. Identify and produce copies of any and all documents or other tangible exhibits on which 

the Respondent anticipates relying, or will rely, in support of the case it will present at the 
hearing in this matter, including but not limited to documents or other tangible exhibits it intends 

to introduce into evidence. 

Response: Respondent will rely on the statement made by Mr. Kalish which was already 

provided to the FAA but is also attached to this response as Attachment A. As stated, 

Respondent is in the process of acquiring an affidavit that has the same content. As soon as 

Respondent acquires said affidavit, Respondent avers that it will immediately send a copy to 

FAA counsel. 

RESPONSES TO REQUEST FOR ADMISSIONS 

1. The copy ofNortheastern Aviation Corp. Operations Specifications Section A001 (two 

pages) (was attached as Exhibit A-1) is genuine. 

Response: Admit 

2. As of August 23, 2011, the document represented by Exhibit A-1 was in effect. 

Response: Admit 

3. The copy of Sundance Aviation, Inc. Operations Specifications Section AOO 1 (two pages) 

(was attached herein as Exhibit A-2) is genuine. 

Response: Respondent cannot admit or deny as this is not a Northeastern document and 

Northeastern has no way to verify the authenticity of this document. 

4. As of August 23, 2011, the document represented by Exhibit A-2 was in effect. 

Response: Respondent cannot admit or deny as this is not a Northeastern document and 

Northeastern has no way to verify the authenticity of this document. 

5. The copy of Northeastern Aviation Corp. Operations Specifications Section A006 (was 

attached as Exhibit A-3) is genuine. 

Response: Admit 
6. As of August 23, 2011, the document represented by Exhibit A-3 was in effect. 

Response: Admit 

7. The copy of Sundance Aviation, Inc. Operations Specifications Section A006 (two pages) 

(was attached as Exhibit A-4) is genuine. 

Response: Respondent cannot admit or deny as this is not a Northeastern document and 

Northeastern has no way to verify the authenticity of this document. 

8. As of August 23, 2011, the document represented by Exhibit A-4 was in effect. 

Response: Respondent qannot admit or deny as this is not a Northeastern document and 

Northeastern has no way to verify the authenticity of this document. 

9. The copy ofNortheastern Aviation Corp. Operations Specifications Section D085 (two 

pages) (was attached as Exhibit A-5) is genuine. 

Response: Admit 

10. As of August 23,2011, the document represented by Exhibit A-5 was in effect. 

Response: Admit 

11. The copy of Sundance Aviation, Inc. Operations Specifications Section D085 (was 

attached as Exhibit A -6) is genuine. 

Response: Respondent cannot admit or deny as this is not a N oitheastern document and 

Northeastern has no way to verify the authenticity of this document. 

12. As of August 23, 2011, the document represented by Exhibit A-6 was in effect. 

Response: Respondent cannot admit or deny as this is not a Northeastern document and 

Northeastern has no way to verify the authenticity of this document. 

I 

13. The copy of Sundance Aviation, Inc., Aircraft Flight Log page dated August 22, 2011 for 

aircraft N345MJ (was attached as Exhibit A-7) is genuine. 
Response: Respondent cannot admit or deny as this is not a Northeastern document and 

Northeastern has no way to verify the authenticity of this document. 

14. The copy of Sundance Aviation, Inc., Pilot Duty and Flight Time Record for Michael 

Kalish dated August 2011 (was attached as Exhibit A-8) is genuine. 

Response: This is not a Northeastern document and Northeastern has no way to verify the 

authenticity of this document. However, Mr. Kalish has stated that this document contains an 

error as to the duty time. Respondent will argue that this document does not accurately reflect 

the events of August 2011 and to that extent it is denied. 

15. The copy ofNortheastern Aviation Corp., Flight and Duty Time Record for Michael 

Kalish dated August 2011 (was attached as Exhibit A-9) is genuine. 

Response: Admit 

16. The copy of Northeastern Aviation Corp. Aircraft Flight Log page 024-178 for aircraft 

N451CM showing flight legs dated August 23,2011 (was attached as Exhibit A-10) is genuine. 

Response: Admit 

17. The copy if Section 1, Chapter 4, page 4-11, showing paragraph 4.9 ofthe Northeastern 

Aviation Corporation General Operations Manual (was attached as Exhibit A-ll) is genuine. 

Response: Admit 

18. The copy of the excerpt from the Northeastern Aviation Response and Action Plan to the 

original in-depth audit finding number 14 (was attached as Exhibit A-12) is genuine. 

Response: Respondent cannot admit or deny as this is not a Northeastern document and 

Northeastern has no way to verify the authenticity of this document. 

19. The copy ofthe letter of investigation (2 pages) to Northeastern Aviation Corp. (was 

attached as Exhibit A -13) is genuine. 
Response: Admit 

By: 

James G. ig, sq. 

Eckert Seamans Chenn & Mellott, LLC 

1717 Pennsylvania Avenue, N.W. 

12th Floor 

Washington, D.C. 20006 

Telephone: 202-659-6672 

Fax: 202-659-6699 

Email: jehrig@eckertseamans.com 

Date: August 8, 2013 
Attachment A 
Submitted by: Michael Kalish 

Certificate #:1729649 

Statement to Northeastern Aviation Corp. 

Re: Discrepancy in Record of Rest Period 

On August 22, 20111 flew Sundance Aviation aircraft N345MJ for the purpose of conducting a Part 

135.293,297,299 check ride, I blocked In after the check ride at 1445 UTC and left the airport off duty at 

1515 UTC. 

I reported for duty to fly a Part 135 charter for Northeastern Aviation on the Gulfstream N451CM 10 

hours and 15 minutes after going off duty from the previous flight on N345MJ. 

When I filled out the Sundance Aviation flight and duty log I inadvertently entered 1600 UTC for the duty 

off time from the Sundance Aviation check ride. When I filled out the Northeastern Aviation flight and 

duty log I copied the information from the Sundance Aviation log and carried over the mistake to the 

Northeastern log again entering the wrong time of 1600. 

The flight and duty records from both Sundance Aviation and Northeastern Aviation are wrong because 

of my clerical error. I knew at the time that I reported for duty for the Northeastern charter that I did 

have more than 10 hours of rest between the two flights. I told the FAA about this when they 

interviewed me and I again confirm in this statement that this was the case. 
CERTIFICATE OF SERVICE 

I hereby certify that on August 8, 2013 the foregoing Respondent's Response to 

Agency's First Set oflnterrogatories and Request for Production of Documents and Request for 

Admissions have been served via Federal Express and facsimile to the following: 

Mr. Alfred R. Johnson, Jr., Esq. 

Mr. Zachary M. Berman, Esq. 

Federal Aviation Administration 

1 Aviation Plaza 

Jamaica, NY 11434 

Telephone: 718-553-3258 

Fax: 718-995-5699 

Judge J.E. Sullivan 

U.S. Administrative Law Judge 

Office ofHearings, M-20 

U.S. Department of Transportation 

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

Washington, D.C. 20590 

Fax: 202-366-7536 

(Federal Express only) 

I hereby certify that on August 8, 2013 the foregoing Respondent's Response to 

Agency's First Set of Interrogatories and Request for Production of Documents and Request for 

Admissions have been served via Federal Express and facsimile to the following: 

Federal Aviation Administration (Original and one copy) 

800 Independence Avenue, S.W. 

Washington, D.C. 20591 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building-Room 2014