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SCOTT R. MORRIS 

FAA OFFICE OF REGIONAL COUNSEL 

1601 LiND AVE., SW 

RENTON, WASHINGTON 98057 

TELEPHONE: 425/227-1417 

FACSIMILE: 425/227-1007 

:PARTM£WTOF 

^C -'0 P 2^ f i4 

UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

J. RANDOLPH BABBITT, Administrator, 

Federal Aviation Administration, 

COMPLAINANT 

vs. 

SCENIC AVL^TION, INC., 

RESPONDENT 

FAA DOCKET CP09NM0011 

FAA Case No. 2009NM070066 

DMS No. FAA-2009-0974 

MOTION TO COMPEL DISCOVERY and 

MOTION TO SHORTEN TIME TO RESPOND 

Judge GOODWIN 

TO: Judge Goodwin: 

Motion to Compel Discovery 

Complainant, through his undersigned counsel, pursuant to Rules of Practice 13.220(1)(1), 

hereby moves that the Requests for Admissions filed by the Complainant on September 23,2010 

be deemed admitted. Additionally, Complainant, through his undersigned counsel, hereby moves 

the Administrative Law Judge to impose sanctions on Respondent for failing to comply with the 

procedural order in this case under Rules of Practice 13.220(n) by prohibiting Respondent from 

introducing as evidence at the hearing any material not provided in discovery as of the date of this 

motion. Complainant also moves that Respondent be precluded from raising certain defenses (i.e. 

the financial hardship defense) as the requested discovery pertains to materials related to those 

affirmative defenses. Complainant moves that Respondent be precluded from challenging certain 

portions of the Complaint. In the alternative, Complainant requests the ALJ to enter an order 

compelling discovery under Rules of Practice 13.220(m). However, if the ALJ issues an order 

Motion to Compel Discovery 

Page 1 of 10"' 

-enic Aviation, Inc. - CP09NM0011 

SCOTT R. MORRIS, FAA ATTORNEY 

TEL: 425.227.1417; FAX: 425.227.1007 
compelling discovery, and Respondent complies in a timely maimer. Complainant reluctantly asks 

the ALJ to consider a continuance because, given that the hearing starts in one week. Complainant 

doubts that it can review the requested materials and prepare with the additional materials in time to 

adequately present its case. 

Statement of Salient Facts^ 

1. On August 16,2010, the ALJ Amended the Procedural Order requiring the parties to 

complete discovery by November 29,2010. DMS Docket No. FAA200—0974-0020. 

' The prior discovery history of this case is as follows: 

1. On March 2, 2010, Complainant served Respondent with Complainant's Initial Discovery Request by 

facsimile and certified mail. A response to that request was due April 2,2010. See DMS Document FAA-2009-0974-

0008. 

2. Respondent failed to respond to that request until April 9, 2010. However, Respondent did ask for more 

time which Complainant counsel granted. 

3. On March 26,2010, Complainant served Respondent with Complainant's First Supplemental Discovery 

Request by facsimile and certified mail. A response to that request was due April 26,2010. See DMS Document FAA2009-0974-0011. 

4. The Procedural Order in this case, entered on February 24,2010, required the parties to conclude 

discovery by May 1, 2010. See DMS Document FAA-2009-0974-0007. 

5. On May 13,2010, undersigped counsel sent counsel for respondent a letter via regular mail and e-mail 

inquiring into the status of the response to Complainant's First Supplemental Discovery Request. The letter requested a 

response to that request, and a supplemental response to Complainant's Initial Discovery Request, as the initial response 

stated that "investigation continues" for many of the initial discovery requests. 

6. Respondent failed to respond to Complainant's First Supplemental Discovery Request until May 18,2010. 

Again, Respondent's counsel requested and Complainant's counsel granted this extension of time to comply. 

7. On May 27,2010, Respondent supplemented its discovery response by adding documents and witoesses 

for the afBrmative defense of financial ability to pay. 

8. On June 30,2010, Complainant's counsel discovered that it had not provided Respondents counsel with a 

CD. This CD contained the photographs of the logbooks previously provided whereas the prior discovery response had 

only provided photocopies of those photographs. 

9. On July 1,2010, Respondent's counsel filed an unopposed motion for a continuance for the hearing set to 

begin on July 13, 2010. In this motion Respondent claimed prejudice by not having received pictures of the logbooks as 

opposed to tiie previously provided photocopies of those pictures. As part of this request "Respondent respectfully 

requests a continuance of tiie scheduled hearing in order to conduct meaningfiil discovery in this matter, including but 

not limited to the opportunity to identify expert witnesses with regard to the newly discovered documents." See DMS 

Document FAA-2009-0974-0016. para. 9. 

10. On July 2,2010, the ALJ granted Respondent's Motion for a Continuance. See DMS Document FAA2009-0974-0014. 

11. On July 21,2010, Complainant supplemented its discovery response. See DMS Document FAA-2009-

0974-0017. 

12. On August 16.2010, Respondent filed its second set of interrogatories, request for production of 

documents and request for admissions. Complainant's responses were due September 17,2010. However, 

Respondent's counsel granted Complainant an extension until September 24,2010. 

13. On September 23,2010, Complainant responded to Respondent's Second Set of Discovery Requests. 

Motion to Compel Discovery 

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SCOTT R, MORRIS, FAA ATroRNEY 

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2. On September 23,2010, Complainant served Respondent with Complainant's Second 

Supplemental Discovery Request by fax and certified mail. See Exhibit 1. 

3. Complainant's Second Supplemental Discovery Request contained the following 

Requests for Admission: 

a. REQUEST FOR ADMISSION NO 1: Admit that Scenic Aviation was not 

a certificated repair station (per 14 C.F.R. Part 145) during the period 1 July 

2007 through and including 30 March 2009. 

b. REQUEST FOR ADMISSION NO. 2: Admit that, during the period 1 July 

2007 through and including 30 March 2009, Scenic Aviation was not 

authorized to perform maintenance per a continuous airworthiness 

maintenance program (CAMP). 

c. REQUEST FOR ADMISSION NO. 3: Admit that, during the period 1 July 

2007 through and including 30 March 2009, Scenic Aviation was authorized 

to perform maintenance per an approved aircraft inspection program 

approved under 14 C.F.R. § 135.419. 

d. REQUEST FOR ADMISSION NO. 4: Admit that, during the period 

August 7,2007 - January 28,2008, when Scenic Aviation operated 

N3221M in controlled airspace, it used the transponder aboard the aircraft. 

e. REQUEST FOR ADMISSION NO. 5: Admit that, during the period July 

10,2007 - December 10,2008, when Scenic Aviation operated N558SA in 

controlled airspace, it used the transponder aboard the aircraft. 

Motion to Compel Discovery 

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SCOTT R. MORRIS, FAA ATTORNEY 

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f. REQUEST FOR ADMISSION NO. 6: Admit that, during the period 

October 19,2007 - March 25,2009, when Scenic Aviation operated 

N617MM in controlled airspace, it used the transponder aboard the aircraft. 

4. In accordance with Rules of Practice 13.220(d), a response was due no later than 

October 23,2010. 

5. Complainant received a facsimile confirmation showing "20 pages" sent "ok" on 

September 23,2010 at 10:56 am. See Exhibit 2. 

6. The certified maiUng of Complainant's Second Supplemental Discovery Request was 

returned by the U.S. Postal Service to Complainant's office on October 19,2010 as "unclaimed." 

However, the regular mail was not returned. See Exhibit 3. 

7. On September 30,2010, the ALJ re-scheduled this hearing for 13 - 15 December, 2010. 

DMS Docket No. FAA-2009-0974-0023. 

8. On October 21, 2010, Respondent was re-served with Complainant's Second 

Supplemental Discovery Request on October 21, 2010 by overnight courier - Federal Express and 

facsimile. S'ee Exhibit 4. 

9. On October 28,2010, undersigned counsel requested that Respondent's counsel provide 

an update on the status of Respondent's response to Complainant's Second Supplemental 

Discovery Request. See Exhibit 5, at 5-2. 

10. On November 1, 2010, Respondent's counsel asked that a third set of Complainant's 

supplemental discovery requests be sent to him. See Exhibit 5, at 5-2. 

11. Per the request of Respondent's coimsel in response to that inquiry. Complainant's 

counsel served Respondent with Complainant's Second Supplemental Discovery Request by e-mail 

on November 1,2010. See Exhibit 5, at 5-1. 

Motion to Compel Discovery 

Page 4 of 10 

Scenic Aviation, Inc. - CP09NM0011 

SCOTT R. MORRIS, FAA ATTORNEY 

TEL: 425.227.1417; FAX: 425.227.1007 
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12. On November 15,2010, Respondent's counsel represented that their discovery response 

would be sent in the mail that day. See Exhibit 5, at 5-1. 

13. On December 1, 2010, settlement discussions had not been finitfiil and Complainant's 

counsel notified Respondent's counsel that he had until December 3,2010 to produce the requested 

discovery or he would be forced to file a motion to compel. See Exhibit 6. Also on December 1, 

2010, Respondent was able to supplement its discovery response notifying Complainant of its intent 

to use 3 photographs not previously disclose. See Exhibit 7. 

14. As of December 3,2010; 71 days after the initial service, 32 days after the third 

service, and four days after the date set by the Procedural Order in this case to conclude discovery; 

Respondent has not responded to Complainant's Second Supplemental Discovery Request. 

Discussion 

Requests for Admission 

Section 13.220(1)(1) of the Rules of Practice states: 

(1) Time. A party's failure to respond to a request for admission, in 

writing and signed by the attorney or the party, not later than 30 days 

after service of the request, is deemed an admission of the truth of 

the statement or statements contained in the request for admission... 

Respondent has yet to respond to the Requests for Admission served on Respondent on 

September 23, 2010. Under the rule, a response to the Requests for Admission was due by October 

23,2010. Even granting Respondent the benefit of the doubt that Respondent did not actually 

receive Complainant's requestuntil the third service by e-mail on November 1,2010, a response 

would have been due December 1,2010 at the latest. By any reasonable measure, the deadline for 

Respondent's response has long passed, and therefore, those matters addressed in Complainant's 

Requests for Admission served on September 23,2010 should be deemed admitted under 

13.220(1)(1), as no response to those requests was received by December 1, 2010. 

Motion to Compel Discovery 

Page 5 of 10 

Scenic Aviation, Inc. - CP09NM0011 

SCOTT R. MORRIS, FAA ATTORNEY 

TEL: 425.227.1417; FAX: 425.227.1007 
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Failure to Respond to Discovery 

Section 13.220(1) of the Rules of Practice states: 

(1) Failure to comply with a discovery order or order to compel. If 

a party fails to comply with a discovery order or an order to 

compel, the administrative law judge, limited to the extent of the 

party's failure to comply with the discovery order or motion to 

compel, may: 

(1) Strike that portion of a party's pleadings; 

(2) Preclude prehearing or discovery motions by that party; 

(3) Preclude admission of that portion of a party's evidence 

at the hearing; or 

(4) Preclude that portion of the testimony of that party's 

witnesses at the hearing. 

Complainant has been more than accommodating of Respondent's unwillingness to timely 

comply with their discovery obligations, as shown by letters and e-mails fi-om the undersigned 

counsel to respondent requesting updates on the status of Respondent's responses and rerninding 

Respondent of the deadlines for discovery. Respondent has not timely responded to any of 

Complainant's discovery requests. Respondent's response to Complainant's Initial Discovery 

Request was seven days late. Respondent's response to Complainant's First Supplemental 

Discovery Request was 22 days late, and was completed 17 days after the deadline in the procedural 

order then in effect to complete discovery. Thus far, Respondent has failed to respond to 

Complainant's Second Supplemental Discovery Request at all, and is thus over 40 days delinquent 

in responding to that request. 

Although generally sanctions are ordinarily only imposed where a party fails to comply with 

an order to compel, the rule provides that sanctions may also be imposed in some circumstances 

before an order to compel has been issued - when a discovery order has been issued and not 

complied with. In this case, the Procedural Order issued on February 24,2010, as amended on 

Motion to Compel Discovery 

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Scenic Aviation, Inc. - CP09NM0011 

SCOTT R. MORRIS, FAA ATTORNEY 

TEL: 425.227.1417; FAX: 425.227.1007 
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August 16, 2010, required the conclusion of discovery no later than November 29,2010. 

Respondent has failed to comply with that deadline, thus, respondent has failed to comply with a 

discovery order. It follows that sanctions may therefore be imposed under 13.220(1). 

Although sanction may be an extreme remedy, it is an appropriate one where a Respondent 

has not compUed with a discovery order, "particularly in the context of its pattern of failure to 

voluntarily comply with Complainant's discovery requests." In the Matter of American Aviation, 

Inc., FAA Docket No. CP06NM0006, DMS FAA-2006-25876 (2007). Respondent's failure to 

timely comply with any of Complainant's discovery requests, and even then only when cajoled by 

counsel for the Complainant, constitutes such a pattern. 

The requested information in Complainant's discovery requests are in direct response to 

certain aspects of this case. In particular, the Interrogatories and several of the Requests for 

Production are requests to provide information concerning Respondent's affirmative defenses 

raised in its Answer to the Amended Complaint, dated August 6,2010. DMS Docket No. FAA2009-0974-0021. The requested documents and Interrogatories are essential to meet several of 

those affirmative defenses; specifically affirmative defense 1,3,5, and 6. Respondent cannot be 

allowed to raise these defenses if it will not answer the requested Interrogatories or produce the 

requested documents. The responses to these requests are necessary to evaluate the merits of those 

defenses. As Respondent has failed to respond to discovery that would allow the probing of those 

defenses it should be barred fi"om asserting those defenses at the hearing. The remaining requests 

for production are necessary to corroborate and support the Complainants case in chief. 

Complainant has a good faith basis to beUeve that these documents existed at the time of the 

request and their production would support its factual allegations. The refusal to produce these 

Motion to Compel Discovery 

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Scenic Aviation, Inc. - CP09NM0011 

SCOTT R. MORRIS, FAA ATTORNEY 

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records potentially weakens the Complainant's case. As it has the burden, the denial of this 

evidence prejudices its case. 

Should the Judge be disinclined to order sanctions, section 13.220(m) of the Rules of 

Practice states: 

(m) Motion to compel discovery. A party may make a motion to 

compel discovery if a person refiises to answer a question dtiring a 

deposition, a party fails or refiises to answer an interrogatory, if a 

person gives an evasive or incomplete answer during a deposition or 

when responding to an interrogatory, or a party fails or refiises to 

produce documents or tangible items... 

In the alternative, Complainant moves the Judge to enter an Order to Compel Discovery 

with a deadline for production no later than December 8, 2010, in accordance with this Rule of 

Practice. Ftirther, Complainant can no longer represent that even if the discovery is produced by 

December 8,2010, that it will have adequate time to prepare its case adjusting for the produced 

documents and may well have to request a continuance. 

Conclusion 

THEREFORE, Complainant moves the Administrative Law Judge to enter an order finding 

that the six Requests for Admission contained in Complainant's Second Supplemental Discovery 

request be deemed admitted. Complainant also moves the Administrative Law Judge to impose 

sanctions on Respondent for failing to comply with the procedural order in this case under Rules of 

Practice 13.220(n)(l) by striking Respondent's defenses 1, 3,5 and 6. Further, Complainant moves 

the Administrative Law Judge to prohibited the introduction into evidence of any material by the 

Respondent of any material not provided by the Respondent in discovery. 

In the altemative, Complainant moves than an order be entered compelling Respondent to 

respond to Complainant's Second Supplemental Discovery Request by December 8,2010 and to 

Motion to Compel Discovery 

Page 8 of 10 

Scenic Aviation, Inc. - CP09NM0011 

SCOTT R. MORRIS, FAA ATTORNEY 

TEL: 425.227.1417; FAX: 425.227.1007 
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favorable consider granting a Complainant request for continuance if after review of the produced 

documents it believes that it needs more time to prepare. 

GIVEN that this hearing is scheduled to begin in ten days. Complainant also Moves that 

Respondent have until COB on December 7,2010 to respond, and that the ALJ order a conference 

call to address the issue and his ruling. 

DATED this 3rd day of December, 2010. 

MORRIS 

^AA Attorney 

Motion to Compel Discovery 

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Scenic Aviation, Inc. - CP09NM0011 

ScoTT R. MORRIS, FAA ATTORNEY 

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CERTIFICATE OF SERVICE 

I hereby certify that the foregoing Complainant's Motion to Compel has been served via 

facsimile and Certified Mail - Return Receipt Requested this date, to the following: 

The Honorable Richard C. Goodwin 

Office of hearings, M-20 

1200 New Jersey Avenue, S.E. 

East Building Ground Floor, Rm El2-320 

Washington, D.C. 20590 

TEL: 202.366.2139 

FAX: 202.366.7536 

(and by email) 

Federal Aviation Administration 

800 Independence Avenue SW 

Washington, D.C. 20591 

Attii: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building - Suite 2W1000 

FAX: 202.493.5020 

Gregory S. Winton 

Aviation Law Experts, LLC 

330 Aviation Way 

Frederick, MD 21701 

TEL: 301.294.8550 

FAX: 301.294.2525 

(and by email) 

DATED tills 3rd day of December, 2010. 

MOIFAIR CI 

Office of Regional Cotmsel (ANM-7) 

Federal Aviation Admiiustration 

1601 Lind Ave. SW 

Renton, WA 98057 

(425)227-2160 

Motion to Compel Discovery 

Page 10 of 10 

Scenic Aviation, Inc. - CP09NM0011 

ScoTT R. MORRIS, FAA ATTORNEY 

TEL: 425.227.1417; FAX: 425.227.1007 
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SCOTTR. MORRIS 

FAA OFFICE OF REGIONAL COUNSEL 

1601 LIND AVE., SW 

RENTON, WASHINGTON 98057 

TELEPHONE: 425.227.1417 

FACSIMILE: 425.227.1007 

In the Matter of: 

Scenic Aviation, Inc. 

UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

FAA DOCKET CP 09NM0011 

FAA Case No. 2009NM070066 

DMS No. FAA-2009-0974 

Judge Goodwin 

COMPLAINANT'S SECOND SUPPLEMENTAL DISCOVERY REQUEST 

To: Respondent 

In accordance with 14 CFR Sections 13.220 and the Federal Rules of Civil Procedure, 

please respond to the following Interrogatories, Requests for Production of Documents, and 

Request for Admissions, separately and fully under oath by October 23,2010. 

These discovery requests are intended to discover information and/or documents not only 

within your personal knowledge or obtainable by you, but also information in the possession of or 

obtainable by your attorneys, investigators, representatives, employees, agents, or anyone acting on 

your behalf or on their behalf 

These discovery requests are continuing in nature and any information which may be 

discovered by you subsequent to the service and filing of your answers must be brought to the 

attention of the agency attorney through supplemental answers when it becomes available to you, at 

a reasonable time prior to the hearing in this matter. If there are any additions, deletions or changes 

in the answers or information provided at any time prior to hearing the Respondent is specifically 

requested to so immediately uiform the agency attorney. If such information is not fiimished, the 

agency attorney at the time of the hearing will move to exclude from evidence such information 

requested and not furnished. 

The agency attorney fiirther requests that the Respondent produce the documents identified 

and designated herein for inspection and copying at the FAA Office of Regional Counsel, Suite 

570,1601 Lind Avenue, SW, Renton, Washington 98057, by Ocfober 23,2010. 

PRIVILEGE 

If, in responding to, or failing to respond to these interrogatories, requests for admission and 

requests for production you invoke or rely upon any privilege of any kind, state specifically the 

Complainant's Second Supplemental Discovery Request 

Scenic Aviation, Inc. - CP09NM0011 

Page 1 of 6 

ScoTT R. MORRIS, FAA ATTORNEY 

TEL: 425.227.1417; FAX: 425.227.1007 

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statutory or decisional reference; and identify all documents or other information, including 

contacts and communications which you believe to be embraced by the privilege invoked. 

DATED this 23rd day of September 2010. 

SCOTTR. MORRIS 

FAA Attorney 

Complainant's Second Supplemental Discovery Request 

Scenic Aviation, Inc. - CP09NM0011 

Page 2 of 6 

SCOTT R. MORRIS, FAA ATTORNEY 

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S3 

INTERROGATORIES 

Interrogatory No. 1: Identify any facilities, equipment, spare parts, suppUes and materials, or 

aircraft purchased or leased by Scenic Aviation or its affiliates (if any) since 1 July 2007. 

Interrogatory No. 2: State with specificity what methods, techniques, or practices Scenic Aviation 

(or its agents) used to comply with the requirements of FAR 91.411 and 91.413 concerning 

N588SA, N617MM, and N3221M during the periods referenced in the Complaint. 

Interrogatory No. 3: State the nvimber of employees that were on the payroll of Scenic Aviation on 

August 1,2007. 

Interrogatory No. 4: State the number of employees that are cxirrentiy on the payroll of Scenic 

Aviation and all of the companies or affiUates it has a controlling interest in. 

REQUESTS FOR PRODUCTION. 

REQUEST FOR PRODUCTION NO. 1: Provide a copy of all aircraft equipment lists for 

N3221M, N588SA, and N617MM tiiat were in effect during tiie period 1 July 2007 tiirough and 

including 30 March 2009. (This request excludes the original equipment list already provided.) 

REQUEST FOR PRODUCTION NO. 2: Provide a copy of any documents concerning Scenic 

Aviation's purchase of Hawaii Air • Ambulance and its purchase of aircraft fi-om Hawaii Air 

Ambulance Aircraft. 

REQUEST FOR PRODUCTION NO. 3: Provide a copy of any documents concerning Scenic 

Aviation's purchase price and terms of any company since 1 July 2007. 

REQUEST FOR PRODUCTION NO. 4: Provide a copy of any documents concerning Scenic 

Aviation's purchase or lease of any aircraft sirice 1 July 2007. 

REQUEST FOR PRODUCTION NO. 5: Produce the underlying records of receipts or sales to 

support the amount entered in the 2008 Income Tax Return Form 1120S, at item la, for Eagle Air 

Med Corporation submitted by Respondent in its Second Supplemental Responses to 

Complainant's Initial Discovery Request. This request specifically includes, but is not limited to, 

the dispatch record forms referenced in Scenic's General Operations Manual, page A-6, for the 

aircraft referenced in the Complaint and were to be forwarded to Scenic's billing department and/or 

the dispatch record data electronically transmitted to the Scenic Billing Department If those 

dispatch records are not available, then the billing records for the flights tiiat occurred using the 

aircraft referenced in the Complaint. 

REQUEST FOR PRODUCTION NO. 6: Produce copies of tiie documents describing the metiiods, 

techniques and practices referenced in Interrogatory No. 2 above. 

REQUEST FOR PRODUCTION NO. 7: Produce copies of tiie applicable sections of any manuals 

Scenic Aviation (or its agents) used when it replaced the altimeter/encoder in N3221M during the 

maintenance performed on August 7,2007 referenced in the Amended Complaint. 

Complainant's Second Supplemental Discovery Request 

Scenic Aviation, Inc. - CP09NM0011 

Page 3 of 6 

SCOTT R. MORRIS, FAA ATTORNEY 

TEL: 425.227.1417; FAX: 425.227.1007 

/-S 
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REQUEST FOR PRODUCTION NO. 8: Produce copies of the apphcable sections of any manuals 

Scenic Aviation (or its agents) used when it replaced the altimeter/encoder in N588SA during the 

maintenance performed on July 10,2007 referenced in the Amended Complaint. 

REQUEST FOR PRODUCTION NO. 9: Produce copies of the apphcable sections of any manuals 

Scenic Aviation (or its agents) used when it replaced the altimeter/encoder in N588SA during the 

maintenance performed on February 17,2008 referenced in the Amended Complaint. 

REQUEST FOR PRODUCTION NO. 10: Produce copies of the applicable sections of any 

manuals Scenic Aviation (or its agents) used when it replaced the altimeter/encoder in N617MM 

during the maintenance performed on October 19,2007 referenced in the Amended Complaint. 

REQUEST FOR PRODUCTION NO. 11: Produce copies of tiie apphcable sections of any 

manuals Scenic Aviation (or its agents) used when if replaced the altimeter/encoder in N617MM 

during the maintenance performed on May 27,2008 referenced in the Amended Complaint. 

REQUEST FOR PRODUCTION NO. 12: Produce copies of tiie apphcable sections of any 

manuals Scenic Aviation (or its agents) used when it replaced the altimeter/encoder and transponder 

control in N617MM during the maintenance performed on December 22, 2008 referenced in the 

Amended Complaint. 

REQUEST FOR PRODUCTION NO. 13: Produce copies of N3221M's load manifest and/or 

flight tracking forms for the period 1 July 2007 through and including 30 March 2009. 

REQUEST FOR PRODUCTION NO. 14: Produce copies of N588SA's load manifests and/or 

fhght tracking forms for the period 1 July 2007 through and including 30 March 2009. 

REQUEST FOR PRODUCTION NO. 15: Produce copies of N617MM's load manifests and/or 

fhght tracking forms for the period 1 July 2007 through and including 30 March 2009. 

REQUEST FOR PRODUCTION NO. 16: Produce a copy of tiie log pages fi-om N771PD for 

maintenance that occurred to it concerning a CTL-92 during the period 1 December 2008 - 31 

January 2009. 

REQUEST FOR PRODUCTION NO. 17: Produce copies of tiie documents relied upon to respond 

to Interrogatory No. 1 above. 

REQUEST FOR ADMISSIONS 

Under 14 C.F.R. 13.220(b) and Rule 36 of the Federal Rules of Civil Procedure, you are requested 

to admit the truth of the following matters. A matter is admitted unless responded to in a 

reasonable time. The Rules of Practice in FAA Civil Penalty Actions, 14 C.F.R, 13.220(d), defines 

a reasonable time to be 30 days. The agency requests that an answer is served upon the agency 

attorney either admitting the matter, specifically denying the matter, stating why the matter cannot 

be admitted or denied, or objecting to the request, with reasons for the objection stated within 30 

days of the date of service upon you, to wit: October 23,2010. 

Complainant's Second Supplemental Discovery Request 

Scenic Aviation, Inc. - CP09NM0011 

Page 4 of 6 

SCOTT R. MORRIS, FAA ATTORNEY 

TEL: 425.227.1417; FAX: 425.227.1007 

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REQUEST FOR ADMISSION NO 1: Admit tiiat Scenic Aviation was not a certificated repair 

station (per 14 C.F.R. Part 145) during the period 1 July 2007 through and including 30 March 

2009. 

REQUEST FOR ADMISSION NO. 2: Admit tiiat, during tiie period 1 July 2007 tiirough and 

iticluding 30 March 2009, Scenic Aviation was not authorized to perform maintenance per a 

continuous airworthiness maintenance program (CAMP). 

REQUEST FOR ADMISSION NO. 3: Admit tiiat, during tiie period 1 July 2007 tiirough and 

including 30 March 2009, Scenic Aviation was authorized to perform maintenance per an approved 

aircraft inspection program approved under 14 C.F.R, § 135.419. 

REQUEST FOR ADMISSION NO. 4: Admit tiiat, during tiie period August 7,2007 - January 28, 

2008, when Scenic Aviation operated N3221M in controlled airspace, it used the transponder 

aboard the aircraft. 

REQUEST FOR ADMISSION NO. 5: Admit tiiat, during tiie period July 10,2007 - December 10, 

2008, when Scenic Aviation operated N558SA in controlled airspace, it used the transponder 

aboard the aircraft. 

REQUEST FOR ADMISSION NO. 6: Admit tiiat, during tiie period October 19,2007 - March 

25, 2009, when Scenic Aviation operated N617MM in controlled airspace, it used the transponder 

aboard the aircraft. 

Complainant's Second Supplemental Discovery Request 

Scenic Aviation, Inc. - CP09NM0011 

Pages of 6 

Scorr R. MORRIS, FAA ATTORNEY 

TEL: 425.227.1417; FAX: 425.227.1007, 
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CERTIFICATE OF SERVICE 

I hereby certify that the foregoing Complainant's Second Supplemental Discovery Request has 

been served via facsimile and certified mail - Return Receipt Requested this date, to the 

following: 

The Honorable Richard C. Goodwin 

Office of hearings, M-20 

1200 New Jersey Avenue, S.E. 

East Building Ground Floor, Rm El2-320 

Washington, D.C. 20590 

TEL: 202.366.2139 

FAX: 202.366.7536 

Federal Aviation Administration 

800 Independence Avenue SW 

Washington, D.C. 20591 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wri^t Buildmg - Suite 2W1000 

FAX: 202.493.5142 

Gregory S. Winton 

Aviation Law Experts, LLC 

330 Aviation Way 

Frederick, MD 21701 

TEL: 301.294.8550 

FAX: 301.294.2525 

Dated tiiis 23rd day of September, 2010. 

MOIFAIR CHIN 

Office of Regional Counsel (ANM-7) 

Federal Aviation Admiiustration 

1601 Lind Ave. SW 

Renton, WA 98057 

425.227.2160 

Complainant's Second Supplemental Discovery Request 

Scenic Aviation, Inc. - CP09NM0011 

Page 6 of 6 

ScoTT R, MORRIS, FAA ATTORNEY 

TEL: 425.227.1417; FAX: 425.227.1007 

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Federal Aviation 

Administration 

Office of Regional Counsel 

October 21,2010 

Northwest Mountain Region 

Colorado, Idaho, Montana, 

Oregon, Utah, Washington, 

Wyoining 

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1 

1601 Lind Avenue S.W. 

Renton, Washington 98057 

Tel: (425)227-2160 

Fax:(425)227-1007 

MOIFAJR.CHIN@FAA.GOV 

Via overnight courier - Federal Express and facsimile to 301.294.2525 

Gregory S. Winton 

Aviation Law Experts, LLC 

330 Aviation Way 

Frederick, MD 21701 

Re: . 2009NM070066, Scenic Aviation, Inc. Complainant's Second Supplemental 

Discovery Request and Complainant's Response To Respondent's Second Set of 

Discovery Requests 

Dear Mr. Winton: 

On September 23,2010 our office sent you via facsimile and certified mail Complainant's 

Second Supplemental Discovery Request and Complainant's Response To Respondent's Second 

Set of Discovery Requests. We received a facsimile confirmation clearly showing "20 pages" 

transmitted and "ok" for the transmission sent on September 23,2010 at 10:56 a.m. 

The certified mailing to your office was returned to our office on October 19,2010 as 

"unclaimed." 

I have enclosed a third copy of the Complainant's Second Supplemental Discovery Request and 

Complainant's Response To Respondent's Second Set of Discovery Requests and facsimile 

confirmation per your recent request to Scott Morris. 

/ 

Moifair Chin 

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^ ^ RE: Scenic Aviation - CP09NM0011 - Response to my discovery requests Q 

Scott Morris to: Greg Winton 11/15/2010 09:02 AM 

ANM-007, Office of Regional Counsel 

Ok, I was going to call you if they weren't in today's FedEx. 

When do you want to talk about the possibility of settlement? 

Scott R. Morris 

FAA Enforcement Attorney 

Northwest Mountain Region 

Office of Regional Counsel, ANM-7H 

1601 Lind Ave. SW 

Renton, WA 98057 

(425) 227-1417 (ph) 

(425) 227-1007 (fax) 

scott.morris@faa.gov 

"GregWinton" Responses will be sent today Thanks, Greg Gr... 11/15/2010 08:55:25 AM 

From: "Greg Winton" <greg@aviationlawexperts.com> 

To: Scott Morris/ANM/F/\A@F/^A 

Date: 11/15/2010 08:55 AM 

Subject: RE: Scenic Aviation - CP09NMQ011 - Response to my discovery requests 

Responses will be sent today. Thanks, Greg 

Gregory S. Winton, Esq. 

The Aviation Law Firm 

33 0 Aviation Way 

2nd Floor 

Frederick, MD 21701 

mailto:GregOAviationLawExperts.com 

Toll free: 1-877-4-AIR LAW 

Local: (301) 294-8550 

Cell: (301) 529-5660 

Fax: (301) 294-2525 

Original Message 

From: Scott.Morris@faa.gov [mailto:Scott.Morris@faa.gov] 

Sent: Monday, November 01, 2010 11:09 AM 

To: Gregory Winton 

Subject: Re: Scenic Aviation - CP09NM0011 - Response to my discovery 

requests 

Importance: High 

Greg: Per your request here is another copy of this discovery request. 

With our hearing date rapidly approaching I need a response as quickly as 

possible. 

Scott 

(See attached file: Scenic - our 2d suppl disc req.pdf) 
Scott R. Morris 

FAA Enforcement Attorney 

Northwest Mountain Region 

Office of Regional Coimsel, ANM-7H 

1601 Lind Ave. SW 

Renton, WA 98057 

(425) 227-1417 (ph) 

(425) 227-1007 (fax) 

scott.morris@faa.gov 

From: Gregory Winton <greg@aviationlawexperts.com> 

To: Scott Morris/ANM/FAA@FAA 

Date: 10/29/2010 11:18 AM 

Subject: Re: Scenic Aviation - CP09NM0011 - Response to my discovery 

requests 

I'm taking depositions in Munich this week. Please email your discovery 

request and I'll get you a response. Thanks, Greg. 

Sent from my iPhone 

Gregory S. Winton, Esq. 

The Aviation Law Firm 

One Research Court 

Suite 450 

Rockville, MD 20850 

Tel: 1-877-4-AIR-LAW 

Cell: 301-529-5660 

Fax: 301-294-2525 

www.AviationLawExperts.com 

On Oct 28, 2010, at 11:22 PM, Scott.Morris@faa.gov wrote: 

> Greg: Your responses to my most recent discovery requests were due 

October 

> 25th. Please advise me about the status of your response to them. 

> 

> Scott 

r'^ 
> Scott R. Morris 

> FAA Enforcement Attorney 

> Northwest Mountain Region 

> Office of Regional Counsel, ANM-7H 

> 1601 Lind Ave. SW 

> Renton, WA 98057 

> (425) 227-1417 (ph) 

> (425) 227-1007 (fax) 

> scott.morris@faa.gov 

r-a 
Page 1 of 6 

RE: Scenic Aviation - CP09NM0011 - Settlement Agreement 

Scott Morris 

ANM-007, Office of Regional Counsel 

to: 

greg 

12/01/2010 12:58 PM 

Show Details 

addition, I need that discovery that is nov/ a month 

overdue immediately so I can prepare. 

Since we have not been able to resolve this, I need this discovery in hand by Friday or I will be 

forced to file a motion to compel with a motion for shortened time of response. 

Scott 

Scott R. Morris 

F/\A Enforcement Attorney 

Northwest Mountain Region 

Office of Regional Counsel, ANM-7H 

1601 Lind Ave. SW 

Renton, WA 98057 

(425) 227-1417 (ph) 

(425) 227-1007 (fax) 

scott.morris@faa.gov 

"Greg Winton" wrote; 

To: Scott Morris/ANM/FAA 

From: "Greg Winton" <greg(§)aviationlawexperts.com> 

Date: 12/01/2010 10;29AM 

Subject: RE: Scenic Aviation - CP09NM0011 - Settlement Agreement 

Scott: 

Sorry for the delay. Attached please find my client's response to the FAA's settlement offer. 

Regards, 

Greg 

Gregoiy S. Winton, Esq. 

The Aviation Law Firm 

330 Aviation Way 

2nd Floor 

Frederick, MD 21701 

mailto: GTeg(2)AviationLawExperts. com 

f-1 . . //r^.\T ^ .~A o»*+;„„c.\c,.r,tt\/rrirr^c\T Aral Sp.ttinPR\Temr)\notesC7A056\~web25.. 12/3/2010 
RE: Scenic Aviation - CP09NM0011 - Proposed Settlement 

Greg Winton to: Scott Morris 12/01/2010 11:31 AM 

History: This message has been fonArarded. 

Scott : 

I am not sure whether I provided the attached photographs to you previously. 

If we cannot settle the case, I intend to introduce these photos of the High 

Reliability Style Connectors into evidence. 

Regards, 

Greg 

Gregory S. Winton, Esq. 

The Aviation Law Firm 

33 0 Aviation Way 

2nd Floor 

Frederick, MD 21701 

mailto:Greg@AviationLawExperts.com 

Toll free: l-e77-4-AIR LAW 

Local: (301) 294-8550 

Cell: (301) 529-5660 

Fax: (301) 294-2525 

Tl