In The Matter Of: 

SERVED: August 25, 2016 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, DC 

Docket No. FAA-2016-4266 

PREMIER NAIL SOURCE, INC. 

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Case No. 201580700062 

Respondent 

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ORDER GRANTIN~'THE FAA$ MOTION TO COMPEL 

On Thursday, June 9, 2016, the FAA and the prose Respondent, Premier Nail Source, 

Inc., convened by telephone for a Rule 16 Litigation Scheduling Conference ("June 9, 2016 

Conference"). During this June 9, 2016 Conference, the parties discussed discovery proposals, 

hearing dates, and other litigation procedural matters, and the Court issued oral rulings on all 

dates and procedures. 

On June 13, 2016, an Order Setting Litigation Dates and Procedures was filed, which 

codified in writing the Court's June 9, 2016 oral rulings. 

On July 26, 2016 the FAA filed a Motion to Compel ("Motion"), asserting that the pro se 

Respondent had failed to comply with the Court's June 13, 2016 Order. (Motion, 1.) . ':i,\ ' 

As of today's date, the pro se.RispdrftllAtrt~Jr~failed to file a Response to the FAA's 

Motion. 

A. Brief Discussion 

Pursuant to 14 C.F.R. § 13.220, and after consultation and advice from the parties, a June 

13, 2016 Order Setting Litigation Dates and Procedures was filed. Among other things, this June 

13, 2016 Order directed the parties to serve each other with initial disclosures, without the need 

for specific request, on or before June 23, 2016. (June 13, 2016 Order, 2, § A. I.) 
Because the Respondent, Premter Nail S,ource, was acting prose, the type of information • i~· ;'.> :J .. ~< >;~,~{? · .. -~· 

required for the "initial disclosure" exchange was specifically described to Mr. Kerzner, the 

Respondent's lay representative, during the June 9, 2016 Conference. (June 9, 2016 Transcript, 

49:1-51 :6.) During this June 9, 2016 Conference discussion, Mr. Kerzner confirmed that he 

understood his obligation to provide the information, and that the date of June 23, 2016 was "a 

fine date" to set as a deadline for the Respondent and the FAA to provide initial disclosures to 

each other. (June 9, 2016 Transcript, 50:11.) 

The FAA now asserts that the pro se Respondent failed to provide any initial disclosure 

information to the FAA on or before the deadline of June 23, 2016 (Mot. 1; Mot. Ex. A), or by 

the date of the FAA's July 26, 2016 Motion (Mot. 1.) The FAA moves for an order compelling 

the Respondent to comply. (Id.) 

Upon receipt of the FAA's Motion, the prose Respondent had ten (10) days to file a 

response. 14 C.F.R. § 13.218(d). The,~~sp~;ridentifari:\ed to file any response or objection to the 

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Motion. 

B. Conclusion 

The FAA' s Motion is well-plead and uncontested. The Respondent has failed to comply 

with part of a joint discovery plan and should be ordered to comply. Pursuant to 14 C.F.R. §§ 

13.205 and 13.217(d), and after reviewing all relevant caselaw, regulations, statutory authority, 

and being fully advised; 

IT IS HEREBY ORDERED: 

1. The FAA' s July 26, 2016 Motion to Compel is granted. 

2. On or before September 9, 2016, the prose Respondent, Premier Nail Source, Inc., 

shall provide to the FAA, the followi~g initia\ disclosures: 

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(i) the name and, if known, the address arid telephone number of each individual likely to 

have discoverable information--along with the subjects of that information--that the 

Respondent may use to support its claims or defenses, unless the use would be solely for 

impeachment; and 

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(ii) a copy--or a description by category and location--of all documents, electronically 

stored information, and tangible things that the Respondent has in its possession, custody, 

or control and may use to support its claims or defenses, unless the use would be solely 

for impeachment. 

3. WARNING NOTICE: If the prose Respondent, Premier Nail Source, Inc., fails to 

comply with this Order to Compel, the FAA has the right to move for the imposition of 

that sanctions against the Respopd~n:ti;~.ur~Wlnt to 14 C.F.R. § 13.22l(n)(l-4). This 

means that the Respondent may suffer s~ttions for non-compliance. Such sanctions, if 

imposed, may preclude the Respondent from making motions, asking for discovery, 

calling witnesses or submitting evidence on its own behalf. 

4. Clarification or Questions: For clarifications of this order or questions with regard to the 

procedures to be followed in this case, please contact Mr. Cody L. Smith, AttorneyAdvisor, at the Office of Hearings (202-366-6941 ). 

Attachment: Service List 

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Docket No. FAA-2016-4266 

(Civil Penalty Action) 

SERVICE LIST - BY U.S. MAIL 

ORIGINAL & ONE COPY 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Washington, DC 20591 

Attention: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building-Suite 2Wl 0001 

Mr. Christopher R. Stevenson 

Complainant's Counsel 

Federal Aviation Administration 

Enforcement Division, Southern Team 

1701 Columbia Avenue 

College Park, GA 30337 

TEL: 404-305-5208 

FAX: 404-305-5223 

Mr. Daniel Kerzner 

Respondent's Representative 

Premier Nail Source, Inc. 

5454 W. Crenshaw Street 

Tampa, FL 33634 

TEL: 813-390-0700 

Judge J.E. Sullivan 

U.S. Administrative Law Judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

ONE COPY 

1200 New Jersey Avenue, S.E. (El 1-310) 

Washington, DC 20590 

TEL: 202-366-6941 

FAX: 202-366-7536 

I Service was by U.S. Mail. For service in person or by expedited courier, use the following address: Federal 

Aviation Administration, 600 Independence Avenue, S.W., Wilbur Wright Building-Suite 2W1000, Washington, 

DC 20591; Attention: Hearing Docket Clerk, AGC-430.