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In the Matter ofNortheastern Aviation Corp., Respondent DocketNos. FAA-2012-1264

Case Nos. 2012EA110030 Administrative LawJudge J.E. Sullivan 

# RECEIVED AUG- 92013 

## HEARING DOCKET

RESPONDENT'S RESPONSE TO FIRST SET OF INTERROGATORIES AND REQUEST FORPRODUCTION OF DOCUMENTS AND REQUEST FORADMISSIONS COMES NOWthe Respondent, by its undersigned counsel, hereby responds to the Agency's First Set ofInterrogatories and Request for Production ofDocuments and Request for Admissions as follows: 1. Identify the names, titles, business or home addresses and telephone numbers ofeach person whom the Respondent intends to call as a witness at the hearing ofthis matter. Response: (a) Mr. Michael Kalish. We do nothave a home address for Mr. Kalish buthe is represented by counsel and counsel's contact information is as follows: Eric Sachs Attorney at Law 254 Pettit Avenue Bellmore, New York 11710 (516) 679-0400 Fax: (516) 679-7406 (b) Mr. Joe Labrozzi ChiefPilot Northeastern Airlines 8200 Republic Airport, Suite #8, Farmingdale, NY 117352. Provide the substance ofthe testimony to be offered by each ofsaid witnesses. Response: (a) Mr. Kalish will testify to the events on August 22 and 23, 2011. Specificallyhe will confirmthe statements made inthe affidavit he will sign in this matter. The affidavit has

notyet been signed but ithas the same content as the unsworn to statement Mr. Kalish made that was included inRespondent'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 ofrest; hence there was no violation ofthe FARs. (b) The ChiefPilot will testify to Northeastern's general procedures to insure that all FAA regulations are complied with. He will also testify as to the general bestpractices Northeastern utilizes to insure safety at all times. 3. Withrespect to each expert witness identified in response to request Nos. 1 and 2 above: (a) identify the subjectmatter on which the expert is expected to testify; (b) list the substance ofthe facts and opinions to which the expert is expected to testify; (c) provide a summary ofthe grounds for each opinion; (d) ifthe 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 ofall such documents. Response: NotApplicable. 4. Identify and produce copies ofany and all documents or other tangible exhibits on which the Respondent anticipates relying, or will rely, in support ofthe case it will present at thehearing inthis matter, including butnot limitedto documents or other tangible exhibits it intends

to introduce into evidence. Response: Respondent will rely onthe statementmade by Mr. Kalish which was already provided to the FAA but is also attached to this response as Attachment A. As stated, Respondent is inthe process ofacquiring 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 FORADMISSIONS 1. The copy ofNortheastern Aviation Corp. Operations Specifications Section A001 (two pages) (was attached as ExhibitA-1) is genuine. Response: Admit 2. As ofAugust 23, 2011, the document represented by ExhibitA-1 was in effect. Response: Admit 3. The copy ofSundance 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 ofthis document. 4. As ofAugust 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 ofthis document. 5. The copy ofNortheasternAviation Corp. Operations Specifications Section A006 (was attached as Exhibit A-3) is genuine. Response: Admit6. As ofAugust 23, 2011, the document represented by ExhibitA-3 was in effect. Response: Admit 7. The copy ofSundance 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 ofthis document. 8. As ofAugust 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 ofthis 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 ofAugust 23,2011, the document represented by Exhibit A-5 was in effect. Response: Admit 11. The copy ofSundance 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 Noitheastern document and Northeastern has no way to verify the authenticity ofthis document. 12. As ofAugust 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 ofthis document.

I 13. The copy ofSundance Aviation, Inc., Aircraft Flight Log page dated August 22, 2011 for aircraftN345MJ (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 ofthis document. 14. The copy ofSundance 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 andNortheastern has no wayto verify the authenticity ofthis 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 ofAugust 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 ofNortheastern 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 ifSection 1, Chapter 4, page 4-11, showing paragraph 4.9 oftheNortheastern Aviation Corporation General Operations Manual (was attached as Exhibit A-ll) is genuine. Response: Admit 18. The copy ofthe 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 aNortheastern document and Northeastern has no way to verify the authenticity ofthis document. 19. The copy ofthe letter ofinvestigation (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. 12thFloor Washington, D.C. 20006 Telephone: 202-659-6672 Fax: 202-659-6699 Email:jehrig@eckertseamans.com

Date: August 8, 2013

# Attachment ASubmitted by: Michael Kalish Certificate #:1729649 Statementto Northeastern Aviation Corp.

Re:Discrepancy in Record ofRest Period

On August 22, 20111 flew SundanceAviation aircraft N345MJ for the purpose ofconductinga Part 135.293,297,299 check ride, Iblocked 

### In afterthe check ride at 1445 UTC and leftthe airportoffdutyat 1515 UTC.

Ireported for dutytofly a Part 135 charterfor Northeastern Aviation on the Gulfstream N451CM 10 hours and 15 minutes aftergoing offdutyfrom the previous flight on N345MJ. When Ifilled outthe Sundance Aviation flight and duty log Iinadvertently entered 1600 UTC for the duty offtime from the Sundance Aviation check ride. When Ifilled outthe Northeastern Aviation flight and duty log Icopied the information from the SundanceAviationlog and carried overthe mistake to the Northeastern log again enteringthe wrong time of 1600. The flight and duty records from both Sundance Aviation and Northeastern Aviation are wrong because ofmy clerical error. Iknew atthe timethatIreported for dutyforthe Northeastern charterthat Idid have morethan 10 hours ofrest betweenthe two flights. Itold the FAA aboutthis when they interviewed me and Iagain confirm in this statementthatthis was the case.CERTIFICATE OF SERVICE I hereby certifythat on August 8, 2013 the foregoing Respondent's Response to Agency's First Set oflnterrogatories and Request for Production ofDocuments 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 LawJudge Office ofHearings, M-20 U.S. Department ofTransportation 1200 NewJersey 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 ofInterrogatories and Request for Production ofDocuments 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