### In The Matter Of: 

## SERVED: August 25, 2016 U.S. 

### DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS WASHINGTON, DC

DocketNo. FAA-2016-4266 PREMIERNAIL SOURCE, INC. ) ) ) ) ) 

### 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, PremierNail 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 litigationprocedural 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.)

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### As oftoday's date, the

### pro se.RispdrftllAtrt~Jr~failed to file a Response to the FAA's Motion. 

### A. BriefDiscussion 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 otherthings, this June 13, 2016 Order directed the parties to serve each other with initial disclosures, without the need for specific request, on orbefore June 23, 2016. (June 13, 2016 Order, 2, § A.I.)Because the Respondent, PremterNail S,ource, was acting

### prose, the type ofinformation

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.. ~<>;~,~{? · ..-~· 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.) Duringthis June 9, 2016 Conference discussion, Mr. Kerzner confirmedthat he understood his obligation to provide the information, and thatthe date ofJune 23, 2016 was "a fine date" to set as a deadline for the Respondent and the FAAto provide initial disclosures to each other. (June 9, 2016 Transcript, 50:11.) The FAA now asserts thatthe

### pro se Respondent failed to provide any initial disclosure information to the FAA on or before the deadline ofJune 23, 2016 (Mot. 1; Mot. Ex. A), or by the date ofthe FAA's July 26, 2016 Motion (Mot. 1.) The FAA moves for an order compelling the Respondentto comply. (Id.) Upon receipt ofthe FAA's Motion, the

### prose Respondenthad ten (10) days to file a response. 14 C.F.R. § 13.218(d). The,~~sp~;ridentifari:\ed to file any response or objectionto the 

### :r "{·< ..'\tf ;:· Motion. B. Conclusion The FAA's Motion is well-plead and uncontested. The Respondenthas failed to comply with part ofajointdiscovery plan and should be ordered to comply. Pursuantto 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 Motionto Compel is granted. 2. On or before September 9, 2016, the

### prose Respondent, PremierNail Source, Inc., shall provide to the FAA, the followi~g initia\ disclosures: .•. h iiJl1{J,,,.,.:1(';,l'.:

·~ , ;·' '1, • , . q' :. 'ti I (i) the name and, ifknown, the address arid telephone number ofeach individual likely to have discoverable information--along with the subjects ofthat information--thatthe Respondent may use to support its claims or defenses, unless the use wouldbe solely for impeachment; and
Page 2 of3(ii) a copy--or a description by category and location--ofall documents, electronically stored information, and tangible things thatthe Respondent has in its possession, custody, orcontrol and may use to support its claims or defenses, unless the use wouldbe solely for impeachment.

3. 

### WARNING NOTICE: Iftheprose Respondent, PremierNail 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 maysuffer 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 ownbehalf.

4. Clarification or Questions: For clarifications ofthis order or questions withregard to the procedures to be followed in this case, please contact Mr. Cody L. Smith, AttorneyAdvisor, atthe Office ofHearings (202-366-6941).

Attachment: Service List

Page 3 of3

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### DocketNo. 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 2Wl000 1



### 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'sRepresentative PremierNail Source, Inc. 5454 W. Crenshaw Street Tampa, FL 33634 TEL: 813-390-0700 Judge J.E. Sullivan U.S. 

### Administrative LawJudge Office ofHearings, M-20 U.S. Department ofTransportation 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.