### IN THE MATTEROF, 

### UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS

WASHINGTON, D.C. 

# RECEIVED SEP 2 62012 

## HEARING DOCKET

LEADING EDGE AVIATION, 

### INC., ) ) ) ) 

### ) ) 

### No. FAA CaseNo. 2011 NM 070089 DMS No.: FAA-2012-0783 Respondent. 

### Honorable Richard C. Goodwin

RESPONDENT'S RESPONSE TOTHE FAA'S MOTION FOR PROTECTIVE ORDERAND EXTENSION OF TIME TO RESPOND 

### NOW COMES Leading Edge Aviation, Inc. ("Leading Edge"), by and through its counsel, and responds to the Federal Aviation Administration's ("FAA") Motion For Protective Order and Extension ofTime to Respond as follows: 1. In the first paragraph of its Motion, the FAA is requesting that Administrative Law Judge Goodwin grant the FAA's request for a protective order pursuant to 14 C.F.R. § 12.220(h). The FAA has provided an incorrect citation to the rule concerning protective orders. The correct rule is 14 C.F.R. 

### § 13.220(h), whichprovides: h) Protective orders. 

### A party or a person who has received a request for discovery may file a motion for protective order with the administrative law judge and shall serve a copy ofthe motion for protective order oneach party. The party or person making the motion must show that the protective order is necessary to protect the party or the person from annoyance, embarrassment, oppression, or undue burden or expense. 

### (Emphasis added). As part ofthe protective order, the administrative lawjudgemay: (1) Denythe discovery request; (2)Orderthat discovery be conducted only on specifiedterms and conditions, including a designation ofthetime orplace for discovery or a determination ofthe method ofdiscovery; or (3) Limit the scope of discovery or preclude any inquiry into certain matters during discovery.

1886498\1\22816\49252

### Motion as Exhibit #1, the Motion provided to Leading Edge by the FAA does not contain any exhibits. According, Leading Edge has attached hereto as Exhibit#

### 1its FOIA request. 6. 

### To date, the FAA has refused to produce the documents that are responsive to Leading Edge's FOIA request. Instead, the FAA has asked Leading Edge to withdraw its FOIA request andLeadingEdge has not agreed to do so. The FAA lacks any legal rightto demand that LeadingEdge withdraw its FOIA request. 7. The FAA is violating the law by refusing to produce all documents responsive to Leading Edge's request under the Freedom of Information Act ("FOlA") within 20 days. 5 

### U.S.C.A. (6)(A). 8. Despite the fact that the FAA is more than 40 days overdue in responding to Leading Edge's FOIA request, the FAA is nowtaking the self-serving position that it should not have to respond to Leading Edge's requests for production because Leading Edge exercised its right to request documents from the FAApursuantto FOIA. 9. Further, the FAA's Motion is entirely inconsistent with its counsel's communicationswith Leading Edge's counsel withrespectto written discovery. 10. On July 24, 2012, Jeffrey Harper ofthe FAA and Fred Begy, counsel for Leading Edge, had a telephone conference wherein a discussion was had about the FAA's production of documents to Leading Edge. Attached hereto as Exhibit #2 is correspondence dated August 21, 2012 confirming suchcommunications. 11. OnJuly 25,2012,the FAA filed a Complaint against LeadingEdge. 12. On September 7, 2012, Leading Edge's counsel sent the FAA's counsel a letter asking for the status ofthe FAA's production ofresponsive documents to Leading Edge's FOIA request and the items of proof. Attached hereto as Exhibit #3. Jeffrey Harper of the FAA

- 3

- 1886498\1\22816\49252

### responded that he doesnothandle FOIA requests andto contactDavid Shayne (who works inthe
same office as Mr. 

### Harper) for assistance with that matter. Mr. Harper did not respond to Leading Edge's inquiry aboutthe status ofthe production ofthe items ofproof. (Exhibit#3). 13. In part because Leading Edge had neither received the documents responsive to its FOIA request northe items ofprooffrom the FAA, and because Leading Edge wishes to be fully prepared at the hearing of this matter, Leading Edge issued formal discovery, including requests for production, to the FAA on September 7, 2012. Attached hereto as Exhibit #4 are Leading Edge's Requests for Production (which were not attached as an exhibit to the Motion that Leading Edgereceived from the FAA). 14. On September 7, 2012, counsel for the FAA and Leading Edge engaged in a telephone conference wherein both sides discussed that they would be issuing formal written discovery. 15. On September 17, 2012, Jeffrey Harper of the FAA contacted Leading Edge's counsel, Carri Conlon, and asked her ifLeading Edge would be agreeable to providing the FAA with an extension to answer written discovery. Mr. Conlon indicated that she needed to consult withFred Begy and would follow up withMr. Harper. 16. The next day, on September 18, 2012, Ms. Conlon followed up with Mr. Harper via email. Attached hereto as Exhibit #5 is said correspondence wherein Ms. Conlon agreed to
an extension for the FAAto respond to discovery withthe caveatthat Mr. 

### Harper would produce the lOP's by September 21, 2012 (which were discussed between Mr. 

### Begy and Mr. 

### Harper on July 24,2012 and again inMr. Begy'sAugust 21, 2012 correspondence) and wouldbe agreeable to Leading Edge obtaining a short extension ifneeded inthis case in the future
.

.4- 1886498\1\22816\49252

### 17. Unexpectedly, instead of either agreeing to the reasonable proposal reflected in Exhibit #5 or contacting Leading Edge's counsel to discuss the issues further, Mr. Harper responded in correspondence of September 18, 2012 that "I will comply with the original deadline of 9 Oct, remaining cognizant of my ongoing obligation to supplement my responses as additional information becomes available." 18. Next, instead ofcomplying with the original deadline for discovery responses of Oct. 9, 2012 as expressed by Mr. Harper in his September 18 email, on September 20, 2012, the FAA took an entirely different position and filed a motion for protective order and for an extensionwith Administrative LawJudge Goodwin. 19. One of many reasons that the FAA's Motion for Protective Order should be denied is because the FAA, through its counsel, had already agreedto respond to the requests for production by October 9, 2012. Further, the existence ofa pending FOIA request withthe FAA has no bearing whatsoever on this matter. If, as the FAA asserts, the same documents will be produced to Leading Edge in response to Leading Edge's FOIA request and its discovery requests, then there is absolutely no undue burden to the FAA. Leading Edge already agreed to pay photocopying costs for documents responsive to its FOIA request. In fact, ifthe FAA's counsel or staff would simply pull and produce the documents responsive to Leading Edge's FOIA request and document request, rather than file unnecessary motions such as this and sending correspondenceto Leading Edge asking itto withdraw its FOIA request, this would be a moot issue because the documents would have already been produced. The FAA has not said howmany documents are at issue orhowthere is any undue expenseto the FAA. 20. The FAA did not need to, and should not have, brought its civil penalty action against Leading Edge. If the FAA does not wish to comply with its FOIA obligations, and

-5- 1886498\1\22816\49252

### discovery obligations to Leading Edge, it has a simply solution: dismiss its Complaint against Leading Edge. 21. The FAA knows that its actions in refusing to produce documents to Leading Edge are causing Leading Edge to incur attorney's fees unnecessarily. 22. The FAA has not met its burden of proof under 14 C.P.R. § 12.220(h), which clearly disfavors the entry ofprotective orders (along with the Manual for Administrative Law Judges on this topic). The documents being sought by Leading Edge are being sought by Leading Edge for the legitimate purpose of preparing its defense to the FAA's enforcement action against it. The documents being sought by Leading Edge are surely not meant to annoy, embarrass, oppress, or cause undue burden or expense to the FAA. Further, these documents are not cumulative or repetitious nor can they be obtained from anyone other than the FAA. While certain documents being sought for production may fall under more than one category of document requests, this surely does not lead to any undue burdento the FAA. It

### is very difficult to conceive ofhow the FAA would not have all ofthe documents at issue readily at hand and easily available for productionto Leading Edge ifthe FAA wishedto do so. 23. The FAA asserts on page 2 ofits Motion that "to be clear, Complainant does not object to providing relevant, non-privileged, otherwise unobjectionable discovery. It merely objects to being forced to do so twice." The FAA is not being forced to do anything twice. The FAA is obligatedto comply with FOIA. Byfiling a Complaint against Leading Edge,the FAAis obligated to comply with the discovery rules for enforcement actions. Leading Edge has rights under FOIA that are independent of its rights to pursue discovery in this case. The FAA has failed to provide any legal authority for its position that it should be able to do what it is doing: refuse to answer requests for production properly issued in this case unless Leading Edge

- 6- 1886498\1\22816\49252

### voluntarily, using that term loosely, withdraws its FOIA request. The FAA ignores that the only
reason Leading Edge is seeking any information from the FAA is because the FAA is seeking civil penalties against it. 24. The FAA has failed to provide any legal basis for its position that the Administrative Law Judge should "deny the discovery requests". The discovery requests were properly issued underthe applicable rule and the FAA agreedto fully comply withthe discovery requests by October 9, 2012 (Ex. 5). 25. The FAA has also failed to provide any legal precedent or factual basis for its request that the Administrative Law Judge should "enter a Protective Order conditioning Complainant's obligationto provide responsive document onRespondent withdrawing its FOIA request." 26. In yet a further attempt to prejudice Leading Edge, the FAA asks the Administrative Law Judge to extend the time under which it must respond to Leading Edge's requests for production until 30 days after entry ofthe ruling on this motion, without providing any factual need for doing so and contradicting its September 18, 2012 correspondence wherein the FAA agreed to respond to Leading Edge's requests for production by October 9, 2012 and categorically rejected Leading Edge's agreement to give the FAA an additional week to respond to discovery for minimal and reasonable considerations. 27. In order to adequately prepare for the hearing, Leading Edge requires answers to the FAA's discovery and depositions ofthe FAA's witnesses. It 

### is anticipated that written and oral discovery willtake at least 120 days.

-7- 1886498\1122816149252

### Wherefore, Leading Edge requests that the Administrative Law Judge deny the FAA's Motion and compel that the FAA must respond to Leading Edge's requests for production by October 9, 2012, whichis consistentwiththe FAA's agreementreflected in Exhibit#5.

Fred C. Begy Carri A. Conlon CHUHAK & 

### TECSON, P.C. 30 S. Wacker Drive Suite 2600 Chicago, IL 60606 (312) 444-9300

1886498\1\22816149252 

### LEADING EDGE AVIATION, INC.

. 8-

### CERTIFICATE OFSERVICE The undersigned, being first duly sworn onoath, certifiesthat a true and correct copy ofthis Respondent's Response to the FAA'sMotionfor Protective Order and for Extension ofTime to Respond was served uponcounsel-of-record as indicated abovebydepositing same, proper postageprepaid, inthe U.S. mailbox located at 30 South Wacker Drive, Chicago, Illinois 60606 at or about 5:00p.m. this 21'1

### day ofSeptember, 2012.

1886498\1\22816\49252 

### The Honorable Richard C. Goodwin Office ofHearings, M-20 1200NewJersey Avenue, S.E. (E-11-310) Washington, D.C. 20590 (ViaU.S. Mail andFacsimile) Federal Aviation Administration 800 Independence Avenue SW Washington, D.C. 20591 Attn: Hearing DocketClerk, AGC-430 Wilbur Wright Building- Suite 2Wl000 (Original and copy ofResponse) Jeffrey M. Harper, FAAAttorney Dana Stephenson, FAAAttorney Natalie Morrell, FAAAttorney FAA Office ofRegional Counsel Federal Aviation Administration Northwest MountainRegion, ANM-7 1601 LindAve. SW Renton, W A 98057 (VIAU.S.**-~<til,**

### and Facsimile)

# ~~ 

# c72e**~---~** Counsel for Respondent

. 9-JO SouthWackt:r Drive, Suite 2600, Chicago, Illinois 60606 t: Jll 4449300 f: 312 4449{)27**chuh:~.k,com** 

## CHUHAK&TECSON"

, ....,

................. Jttorneys.atlaw Fred C. Begy, Ill Wrtter's Direct Une ('312) 855-5442 Wtiter's Email fbegy0 chuhak,oom
July 18, 2012

FREEDOM OFINFORMATION ACT REOUEST

.Jeffrey M. Harper, Esq. Federal Aviation Administration

Federal Aviation Administration Office ofRegional Counsel

- ANM-7 Northwest Mountain Region National Freedom ofinformation Act Staff, ARC-40 800 Independence Avenue, SW 1601 Lind Avenue S.W. Renton, Washington 98057 VIA FAX/ANDU.S. MAIL (425) 227-1007 Washington, D.C. 20591 VIA U.S. MAIL

RE: LeadingEdge Aviation OurFileNo. 22816-49252 Gentlemen and 

### Mr. Harper: As you are aware from our July 12, 2012 correspondence, the undersigned has been retained by Leading Edge Aviation ("Leading Edge") to represent Leading Edge in connection with a Final Notice ofProposed Civil Penalty. This is a Freedom ofInformation Act request for a complete, certified copy of all file materials related to any and all enforcement actions, or notices ofpossible enforcement actions taken with respect to Leading Edge. We are requesting any and all information available, but not limited to the information contained in your file for the Enforcement Action associated with FAA Case No. 2011NM070089. If we have not directed this request to the appropriate office, please advise us of same, and advise us ofthe identity ofthe individual this request should be provided to. If there is any cost incurred in complying with this request, please forward your statement and we will promptlyremit payment.

1829057\1122816\49252 

### EXHIBIT 

# IJeffreyM. Harper, Esq. Federal Aviation Administration Renton, Washington Federal Aviation Administration Washington, D.C. July 28, 2012 Page2 

## CHUHAK&TECSON., "-----·-··--···-
........................_ ..... attorneysat law

Thank you for your courtesy in complying with this request and, if you should have any questions, please contactme bytelephone at your earliest convenience. Very truly yours,



### ""

# &gy,m~ FCB:lk

1829QS7\1\22816\49252JO South Wacker Drive. Suite 2600, Cbkago.lllinois 60606**\:.~124449300** f:3124449027 chuhak.wm
Fred C. Begy, Ill Writer's Direct Une (312) 855-6442 Wrtter's Ema!l fbegy@chuhak.com·

Jeffrey M. Harper, Esq. Federal Aviation Administration Office ofRegional Counsel- ANM-7 Northwest Mountain Region 1601 Lind Avenue S.W. Renton, Washington 98057 August 21,2012

VIA FAX (425) 227-1007

RE: Leading Edge Aviation, Inc. OurFile No. 22816-49252
DearMr. Harper, 

## CHUHAK&TECSON"

, .. ····· · ¥--·----------·"·
...-... attorneys iJ! law

I am writing to follow-up with you regarding my Freedom of Information Act Request ("FOIA Request") dated July 18, 2012 as well as ourphone conversation on July 24, 2012 regarding the FOIA Request. The FOIA Request asked for "a complete, certified copy of all file materials related to any and all enforcement actions, or notices ofpossible enforcement actions taken with respect to Leading Edge". My FOIA Request was for any and all information available and was not limited to releasable portions of the FAA's file or to the Enforcement Action associated with FAA Case No. 2011NM070089 ("Enforcement Action"). During the July 24, 2012 phone conversation, you acknowledged that in addition to the materials asked for in the FOIA Request, you were going to forward to my attention the Items ofProofin the FAA's file for the Enforcement Action. Please advise ofthe time-frame in which I should expect to receive: (i) the FOIA Request files and (ii) the Items ofProofin the Enforcement Action. If there is any costs incurred in complying with these requests, please forward your statement and we will timely remit payment.

187394<5\I\22816149252**~** 

### EXHIBIT 

# " __..., 

# I /Jeffrey M. Harper, Esq. Renton, Washington August 21, 2012 Page2

Thank you for your prompt attention to this matter. Verytruly yours,

# J-~y.m

FCB/RM

1873946\1122816\49252 

## CHUHAK& TECSON"

·---..-atto1neys at lf!w

### Page 1of2
Carri A. Conlon From: Carri A. Conlon Sent: Friday, September 07, 2012 4:09PM To: 'Jeffrey.Harper@faa.gov' Cc: Fred C. Begy, Ill Subject: RE: Leading Edge Jeff-what about the production ofthe lOP's? Thanks Carri

Carri A. Conlon Principal 30 South Wacker Drive 

### ISuite 2600 

### IChicago, lllinois 60606 312.855.4617 direct 1312.444.9300 main 1312.444.9027fax cconlon@chuhak.com Ichuhak.com

# ~1 CHUHAK&TECSON,,

--··· ....- .........--···---·--·-- attorneys at law Confidentiality NoticeThe information contained in this**e~mail** message is attorney privileged and confidential information. It is intended only for the use ofthe individual orentity named above. Ifyou are notthe intended recipient, you are notified that any disclosure, copying, distribution, electronic storage or use ofthis communication is prohibited Ifyou received this communication in error, please notify us immediately by e-mail, attaching the original message, and delete the original message from your computer, and any network to which your computer is connected. Opinions, condusions and other information in this message that do not relate to the official business ofChuhak & Tecson, P.C. shall be understood as neither given, nor endorsed by it Tax Advice NoticeThe Internal Revenue Service (IRS) now requires specific formalities before written tax advice can be used to avoid penalties. This communication does not meet such requirements. You cannot contend that IRS penalties do notapply by reason ofthis communication.

From: Jeffrey.Harper@faa.gov [mailto:Jeffrey.Harper@faa.gov] Sent: Friday, September 07, 2012 4:00 PM To: Carri A. Conlon Cc: Fred C. Begy, III Subject: Re: Leading Edge I do not handle FOIA requests; please contact David Shayne for assistance with that matter. Very respectfully, Jeff Harper ANM-07 W: (425) 227-2161 jeffrey.harper@faa.gov

From: "Carri A**Conlon~** <cconlon@chuhak.com> ANM-007, Office of Regional Counsel


### 9/2112012 

### £XII\S\1 

# j

### Page 2 of2

To: Jeffrey Harper/ANMJFM@FAA, Cc: "Fred C. Begy, Ill" <fbegy@chuhak.com> Date: 09/071201212:37 PM Subject: Leading Edge

Jeff-in follow upto the attached August 21 correspondence, please let us know when we can expect to receive the lOP's and the production ofthe documents encompassed by the FOIA request. thanks Carri [attachment "Scan001.PDF" deleted by Jeffrey Harper/ANM/FM)



### 9/21/2012UNITEDSTATESOFAMEruCA DEPARTMENT OF TRANSPORTATION OFFICE OF HEARlNGS

WASHINGTON, D.C. IN THEMATTEROF, ) ) ) ) LEADING EDGEAVIATION,INC., No. FAA CaseNo. 2011 NM 070089 DMS No.: FAA-2012-0783 Respondent.

# ~ Honorable Richard C. Goodwin

RESPONDENT'S REQUESTSFORPRODUCTIONTOFAA NOW COMES Leading Edge Aviation, Inc. ("Leading Edge''), by and through its counsel, and propounds the following requests for production upon the Federal Aviation Administration ("FAA") in accordance withRule 13.220: Definitions "Aircraft" shall mean a Bell Helicopter rotorcraft, model 206L-l, serial number 45570, thatisregistered with the FAA as N5758H. "Communication" shall mean any oral or written exchange ofwords to another person, whether person-to-person, by telephone, or by any tangible writing (telex, fax, computer) or by any othermeans. "Complaint" shall mean the Complaint filed by the FAA against Leading Edge in this matter. "Describe" shall mean to state facts, details (including names and dates), reasons, explanations, definitions, oropinionsrelating to the particularsubject ofthe discovery request. "Document" or "documents" shall mean every original, and every copy ofany original, ofevery writing ofevery kind or description, whether handwritten, typed, or drawn, including

188662411\22816\49252 

### EXHIBIT 

# j_without limitation, correspondence, photographs, drawings, statements, affidavits, court orders, books, records, reports, papers, advertisements, data contained in computers, e-mails, log books, statements, memoranda and notes ofany nature. "FAA" shall mean the Federal Aviation Administration, its employees, agents, and representatives. "Identify" (a) When used in reference to a natural person shall mean to state his or her full name, present (or, ifunknown, last known) home address, present (or, ifunknown, last known) employer and present (or, ifunknown, last known) business address; (b) When used in reference to a person otherthan a natural person shall mean to state thefull name ofthe entity, its organizational**form~**.• partnership, corporation) andthe address ofthe principal place ofbusiness ofthe entity; (c) When used with respect to a docwnent shall mean to state the date, title, subject, author, signatory, addressee, type of docwnent (U, letter) and its present location. 

### If a docwnent 

### was, but no longer is in the possession or subject to the control ofthe party responding to the discovery inquiry, state whether it (1) is missing or lost, (2) has been destroyed, (3) has been transferred voluntarily or involuntarily to any other or others, or (4) has been otherwise disposed of; and state fully when and how it came to be missing, lost, destroyed, transferred or otherwise disposed of, as the case maybe. (d) When used with respect to communication means to state whether it was oral or written. 

### Ifwritten, identifythe document orwriting inaccordance with paragraph (c). Iforal, identifythe participants, date, place, whether in person or by telephone, all persons present and a summary ofthe conversation.

. 2. t&&66241tm&t6\492S2"LeadingEdge" shall mean Leading Edge Aviation, Inc., its officers, employees, agents, andrepresentatives. "Person" shall include the plural as well as the singular, and shall mean any natural person, firm, sole proprietorship, association, partnership, corporation or other form of legal entity. "Related to", "relating", "related" or "relate to" shall mean directly or indirectly mentioning or describing, identifying, referring to, pertaining to, being connected with, or reflecting upon a stated subjectmatter. Instrudion 1. The responses to these requests for production should be supplemented as required.
Requests for Production I. All documents relatingto LeadingEdge. 2. All documents relating to this matter. 3. All documentsused orrelied uponto prepare answers to interrogatories or requeststoadmit. 4. All documents used orrelied uponto prepare the Complaint. 

### 5. All "items ofproof'for the enforcement action against LeadingEdge. 6. All communications with Leading Edge relating in any way to this matter. 7. All communications between the FAA and third parties relating in any way to Leading Edge and/or this enforcement action
.



### . 3- 188662411\22816\492528. The curriculum vitae ofany expert witness that the FAA may have testify at the hearing, along with any and all documents relied upon, reviewed, received, prepared, or drafted bythe expert in connection with his orherproposed testimony atthe hearing ofthis matter. 9. All documents thatthe FAA may use atthe hearing ofthis matter. 10. All subpoenas issued inthis matter. 11. All documentsthatthe FAA may use at any deposition inthis matter. 12. All documents relied upon, reviewed, or prepared by the FAA relating to this matter. 13. All documents relating to inspections, reviews, or examinations bythe FAA ofthe Aircraft. 14. All documents relating to inspections, reviews, or examinations by the FAA of the Aircraft'slog books. 15. All documents that the FAA asserts support that Leading Edge violated Section 43.13(a) ofthe Federal AviationRegulations (14 C.F.R.) "inthatitperformed maintenance on an aircraft, engine, propeller or appliance without using the methods, techniques, and practices prescribed in the current manufacturer's maintenance manual or Instructions for Continued Airworthiness preparedbyits manufacturer." 16. All documentsthat theFAA asserts support

### that Leading Edge violated Section 43.13(b) ofthe Federal AviationRegulations (14 C.F.R.) "inthatit performed maintenance on an aircraft, and failed toperform the maintenance in a manner suchthatthe condition ofthe aircraft
was at least equalto its original orproperly altered condition." 17. All documents thatthe FAA asserts support thatLeading Edge violated Section 43.15(a)(1) ofthe Federal AviationRegulations (14 C.F.R.) "inthatitperformed an inspection


### -4- 188662411122816\49252required under Part 91 and failed to performit so as to determine whether the aircraft, orportion thereofunder inspection, met all applicable airworthiness requirements." 18. All documents that the FAA asserts support that Leading Edge violated Section 145.20l(c)(l) "inthat it approved forreturn to service an article when the maintenance, preventive maintenance, or alteration was notperformed in accordance withthe applicable approved teclmical data or acceptable to theFederal AviationAdministration (FAA)." 19. All documents that the FAAasserts supportthat Leading Edge violated Section 145.207(a) ofthe Federal AviationRegulations (14 C.F.R.) "inthatitfailed to follow its approved repair station manual." 20. All documents thatthe FAA asserts supportthat Leading Edge violated Section 145.2ll(b)oftheFederal Aviation Regulations (14 C.F.R.) inthatitfailed to follow its quality control system when performing maintenance, preventive maintenance, or alterations under its repair station certificate." 21. All documents thatthe FAAasserts supportthat Leading Edge violated Section 145.215(a)oftheFederal AviationRegulations (14 C.F.R.) in that it, as a certificatedrepair stationwith a limitedrating, performed maintenance, preventative maintenance, or alterations on
an article which was not listed onits current capability listorits operations specifications." 22. All documents relating to the FAA'sconformity inspections ofthe Aircraft. 23. All photographs, videos, ordrawings ofthe Aircraft that relate to this matter. 24. All documentsrelating to theFAA'sinvestigation(s) ofLeading Edge. 25. All documents encompassed by Leading Edge's Freedom of Information Act (FOIA) requestto the FAA.



### .5- 188662411122816\4925226. All internal FAA documents reflecting communications about Leading Edge's FOIArequestto the FAA. 27. The Enforcement Investigative Report ("EIR"), all versions of the EIR, all communications aboutthe EIR, and all documents used to prepare ordraft the EIR. 28. All documents used or relied upon by the FAA in determining the civil penalty amountbeing sought against LeadingEdge.

FredC. Begy Carri A. Conlon CHUHAK & TECSON, P.C. 30 S. WackerDrive Suite 2600 Chicago,IL 60606 (312) 444-9300

1886624\1122816\49252 LEADING EDGEAVIATION, INC.

By:

# ____:t1~1L=-::......~~e..::::::.._ __ One ofltsAttorneys



### .6-

### CERTIFICATE OF SERVICE TheWldersigned, being first duly sworn onoath, certifiesthat a true and correct copy of Respondent's Interrogatories to FAA was served uponcoWlsel-of-record as indicated above by depositing same, properpostageprepaid, inthe U.S. mailbox located at 30 South WackerDrive, Chicago, Illinois 60606 at orabout 5:00p.m.this 7th day ofSeptember, 2012 and also sent via facsimile.

1886624\1\22816\49252 Jeffrey M. Harper, FAAAttorney DanaStephenson, FAAAttorney FAA Office ofRegional CoWlsel Federal AviationAdministration Northwest MoWltain Region, ANM-7 1601 LindAve. SW Renton, W A 98057 Fax: (425) 227-1007

-7-

### Carri A. Conlon From: Carri A. Conlon Sent: Tuesday, September 18, 2012 10:41 AM To: 'Jeffrey.Harper@faa.gov' Cc: Fred C. Begy, Ill Subject: RE: Leading Edge Aviation Ok, sounds good.

Carri A. Conlon Principal 30 South Wacker Drive ISuite 2600 IChicago, lllinois 60606 312.855.4617 direct 1312.444.9300 main 1312.444.9027 fax cconlon@chuhak.com 1chuhak.com 

# !/f1 CHUHAK&TECSON,"

· ···------..**~--···attorneys**at law Page 1 of2

Confidentiality Notice The information contained in this e-mail message is attorney privileged and confidential information. It is intended only for the use ofthe individual or entity named above. Ifyou are notthe intended recipient, you are notified that any disclosure, copying, distribution, electronic storage or use ofthis communication Is prohibited Ifyou received this communication In error, please notify us immediately by e-mail, attaching the original message, and deletethe original message from your computer, and any networkto which your computer is connected. Opinions, conclusions and other information in this message that do not relate to the official business of Chuhak & Tecson, P.C. shall be understood as neither given, nor endorsed by it. Tax Advice Notice The Internal Revenue Service (IRS) now requires specific formalities before written tax advice can be used to avoid penalties. This communication does not meet such requirements. You cannot contend that IRS penalties do notapply by reason ofthis communication.

From: Jeffrey.Harper@faa.gov [mailto:Jeffrey.Harper@faa.gov] Sent: Tuesday, September 18, 2012 10:40 AM To: Carri A. Conlon Subject: Re: Leading Edge AviationCarriThatwill notwork for me. Iwill comply with the original deadline of 9 Oct, remaining cognizant ofmy ongoing obligation to supplement my responses as additional information becomes available. Very respectfully, Jeff Harper ANM-07 W: (425) 227-2161 jeffrey.harper@faa.gov

From: "Carri A. Conlon" <cconlon@chuhak.com>

9/2112012 ;; 

# I EXHIBIT 

# 5