IN THE MATTER OF, 

UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

RECEIVED 

SEP 2 6 2012 

HEARING DOCKET 

LEADING EDGE AVIATION, INC., 

) 

) 

) 

) 

) 

) 

No. FAA Case No. 2011 NM 070089 

DMS No.: FAA-2012-0783 

Respondent. Honorable Richard C. Goodwin 

RESPONDENT'S RESPONSE TO THE FAA'S MOTION FOR 

PROTECTIVE ORDER AND 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 of Time 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), which provides: 

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 of the 

motion for protective order on each 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 of the 

protective order, the administrative law judge may: 

(1) Deny the discovery request; 

(2) Order that discovery be conducted only on specified terms and conditions, including a 

designation ofthe time or place for discovery or a determination of the method of discovery; 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 # 1 its 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 and Leading Edge has not agreed to do so. The FAA lacks any legal right to demand that 

Leading Edge 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 now taking 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 FAA pursuant to FOIA. 

9. Further, the FAA's Motion is entirely inconsistent with its counsel's 

communications with Leading Edge's counsel with respect to written discovery. 

10. On July 24, 2012, Jeffrey Harper of the 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 such communications. 

11. On July 25,2012, the FAA filed a Complaint against Leading Edge. 

12. On September 7, 2012, Leading Edge's counsel sent the FAA's counsel a letter 

asking for the status of the FAA's production of responsive 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 does not handle FOIA requests and to contact David Shayne (who works in the 

same office as Mr. Harper) for assistance with that matter. Mr. Harper did not respond to 

Leading Edge's inquiry about the status of the production of the items of proof. (Exhibit #3). 

13. In part because Leading Edge had neither received the documents responsive to 

its FOIA request nor the items of proof from 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 Edge received 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 if Leading Edge would be agreeable to providing the FAA 

with an extension to answer written discovery. Mr. Conlon indicated that she needed to consult 

with Fred Begy and would follow up with Mr. 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 FAA to respond to discovery with the caveat that 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 in Mr. Begy's August 21, 2012 correspondence) and would be agreeable 

to Leading Edge obtaining a short extension if needed in this 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 of complying 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 

extension with Administrative Law Judge 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 agreed to respond to the requests for 

production by October 9, 2012. Further, the existence of a pending FOIA request with the 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, if the 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 correspondence to Leading Edge asking it to withdraw its FOIA request, this would be a 

moot issue because the documents would have already been produced. The FAA has not said 

how many documents are at issue or how there is any undue expense to 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 of protective 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 burden to the FAA. It is very difficult 

to conceive of how the FAA would not have all of the documents at issue readily at hand and 

easily available for production to Leading Edge if the FAA wished to do so. 

23. The FAA asserts on page 2 of its 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 obligated to comply with FOIA. By filing a Complaint against Leading Edge, the FAA is 

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 under the applicable rule and the FAA agreed to fully comply with the 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 obligation to provide responsive document on Respondent 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 of the 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 of the FAA's witnesses. It is anticipated that written and 

oral discovery will take 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, which is consistent with the FAA's agreement reflected 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 OF SERVICE 

The undersigned, being first duly sworn on oath, certifies that a true and correct copy of this 

Respondent's Response to the FAA's Motion for Protective Order and for Extension of Time to 

Respond was served upon counsel-of-record as indicated above by depositing same, proper 

postage prepaid, in the U.S. mailbox located at 30 South Wacker Drive, Chicago, Illinois 60606 

at or about 5:00p.m. this 21'1 day of September, 2012. 

1886498\1\22816\49252 

The Honorable Richard C. Goodwin 

Office of Hearings, M-20 

1200 New Jersey Avenue, S.E. (E-11-310) 

Washington, D.C. 20590 

(Via U.S. Mail and Facsimile) 

Federal Aviation Administration 

800 Independence Avenue SW 

Washington, D.C. 20591 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building- Suite 2Wl 000 

(Original and copy of Response) 

Jeffrey M. Harper, FAA Attorney 

Dana Stephenson, FAA Attorney 

Natalie Morrell, FAA Attorney 

FAA Office of Regional Counsel 

Federal Aviation Administration 

Northwest Mountain Region, ANM-7 

1601 Lind Ave. SW 

Renton, W A 98057 

(VIA U.S. -~<til, and Facsimile) 

c72e ~~ 

Counsel ~---~ for Respondent 

. 9-
JO South Wackt:r Drive, Suite 2600, Chicago, Illinois 60606 

t: Jll 4449300 f: 312 4449{)27 chuh:~.k,com CHUHAK&TECSON" , .... , ................. Jttorneys. at law 

Fred C. Begy, Ill 

Wrtter's Direct Une 

('312) 855-5442 

Wtiter's Email 

fbegy 0 chuhak,oom 

July 18, 2012 

FREEDOM OF INFORMATION ACT REOUEST 

. Jeffrey M. Harper, Esq. Federal Aviation Administration 

Federal Aviation Administration 

Office of Regional 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/AND U.S. MAIL 

(425) 227-1007 

Washington, D.C. 20591 

VIA U.S. MAIL 

RE: Leading Edge Aviation 

Our File No. 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 of Proposed Civil Penalty. 

This is a Freedom of Information Act request for a complete, certified copy of all file materials 

related to any and all enforcement actions, or notices of possible 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 of the identity of the 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 promptly remit payment. 

1829057\1122816\49252 

EXHIBIT 

I 
Jeffrey M. Harper, Esq. 

Federal Aviation Administration 

Renton, Washington 

Federal Aviation Administration 

Washington, D.C. 

July 28, 2012 

Page2 

CHUHAK&TECSON., 

"-----·-··--···-........................ _ ..... attorneys at law 

Thank you for your courtesy in complying with this request and, if you should have any 

questions, please contact me by telephone at your earliest convenience. 

Very truly yours, 

"" &gy,m~ FCB:lk 

1829QS7\ 1\22816\49252 
JO 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 of Regional 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. 

Our File No. 22816-49252 

Dear Mr. 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 our phone 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 of possible 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 of Proof in 

the FAA's file for the Enforcement Action. 

Please advise of the time-frame in which I should expect to receive: (i) the FOIA Request files 

and (ii) the Items of Proof in 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. 

Very truly yours, 

J-~y.m 

FCB/RM 

1873946\1122816\49252 

CHUHAK& TECSON" ·---.. -atto1neys at lf!w 
Page 1 of2 

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 of the lOP's? 

Thanks 

Carri 

Carri A. Conlon Principal 

30 South Wacker Drive I Suite 2600 I Chicago, lllinois 60606 

312.855.4617 direct 1312.444.9300 main 1312.444.9027 fax 

cconlon@chuhak.com I chuhak.com 

CHUHAK&TECSON,, ~1 --··· .... - ......... --···---·--·-- attorneys at law 

Confidentiality Notice The information contained in this e~mail message is attorney privileged and confidential information. It is intended only for the 

use of the individual or entity named above. If you are not the intended recipient, you are notified that any disclosure, copying, distribution, electronic 

storage or use of this communication is prohibited If you 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 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 not apply by reason of this 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 up to the attached August 21 correspondence, please let us know when we can expect to receive 

the lOP's and the production of the documents encompassed by the FOIA request. thanks 

Carri [attachment "Scan001.PDF" deleted by Jeffrey Harper/ANM/FM) 

9/21/2012 
UNITEDSTATESOFAMEruCA 

DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARlNGS 

WASHINGTON, D.C. 

IN THE MATTER OF, ) 

) 

) 

) 

LEADING EDGE AVIATION, INC., 

No. FAA Case No. 2011 NM 070089 

DMS No.: FAA-2012-0783 

Respondent. ~ Honorable Richard C. Goodwin 

RESPONDENT'S REQUESTS FOR PRODUCTION TO FAA 

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 with Rule 13.220: 

Definitions 

"Aircraft" shall mean a Bell Helicopter rotorcraft, model 206L-l, serial number 45570, 

that is registered with the FAA as N5758H. 

"Communication" shall mean any oral or written exchange of words to another person, 

whether person-to-person, by telephone, or by any tangible writing (telex, fax, computer) or by 

any other means. 

"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, or opinions relating to the particular subject of the discovery request. 

"Document" or "documents" shall mean every original, and every copy of any original, 

of every writing of every 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 of any 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, if unknown, last known) home address, present (or, if unknown, last known) 

employer and present (or, if unknown, last known) business address; 

(b) When used in reference to a person other than a natural person shall mean to state 

the full name of the entity, its organizational form~ .• partnership, corporation) and the address 

of the principal place of business of the 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 of the 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 may be. 

(d) When used with respect to communication means to state whether it was oral or 

written. If written, identify the document or writing in accordance with paragraph (c). If oral, 

identify the participants, date, place, whether in person or by telephone, all persons present and a 

summary of the conversation. 

. 2. 

t&&66241tm&t6\492S2 
"Leading Edge" shall mean Leading Edge Aviation, Inc., its officers, employees, agents, 

and representatives. 

"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 subject matter. 

Instrudion 

1. The responses to these requests for production should be supplemented as 

required. 

Requests for Production 

I. All documents relating to Leading Edge. 

2. All documents relating to this matter. 

3. All documents used or relied upon to prepare answers to interrogatories or 

requests to admit. 

4. All documents used or relied upon to prepare the Complaint. 

5. All "items of proof' for the enforcement action against Leading Edge. 

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\49252 
8. The curriculum vitae of any expert witness that the FAA may have testify at the 

hearing, along with any and all documents relied upon, reviewed, received, prepared, or drafted 

by the expert in connection with his or her proposed testimony at the hearing of this matter. 

9. All documents that the FAA may use at the hearing of this matter. 

10. All subpoenas issued in this matter. 

11. All documents that the FAA may use at any deposition in this 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 by the FAA of the 

Aircraft. 

14. All documents relating to inspections, reviews, or examinations by the FAA of 

the Aircraft's log books. 

15. All documents that the FAA asserts support that Leading Edge violated Section 

43.13(a) of the Federal Aviation Regulations (14 C.F.R.) "in that it performed 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 prepared by its manufacturer." 

16. All documents that the FAA asserts support that Leading Edge violated Section 

43.13(b) of the Federal Aviation Regulations (14 C.F.R.) "in that it performed maintenance on an 

aircraft, and failed to perform the maintenance in a manner such that the condition of the aircraft 

was at least equal to its original or properly altered condition." 

17. All documents that the FAA asserts support that Leading Edge violated Section 

43.15(a)(1) of the Federal Aviation Regulations (14 C.F.R.) "in that it performed an inspection 

-4-

188662411122816\49252 
required under Part 91 and failed to perform it so as to determine whether the aircraft, or portion 

thereof under inspection, met all applicable airworthiness requirements." 

18. All documents that the FAA asserts support that Leading Edge violated Section 

145.20l(c)(l) "in that it approved for return to service an article when the maintenance, 

preventive maintenance, or alteration was not performed in accordance with the applicable 

approved teclmical data or acceptable to the Federal Aviation Administration (FAA)." 

19. All documents that the FAA asserts support that Leading Edge violated Section 

145.207(a) of the Federal Aviation Regulations (14 C.F.R.) "in that it failed to follow its 

approved repair station manual." 

20. All documents that the FAA asserts support that Leading Edge violated Section 

145.2ll(b) of the Federal Aviation Regulations (14 C.F.R.) in that it failed to follow its quality 

control system when performing maintenance, preventive maintenance, or alterations under its 

repair station certificate." 

21. All documents that the FAA asserts support that Leading Edge violated Section 

145.215(a) of the Federal Aviation Regulations (14 C.F.R.) in that it, as a certificated repair 

station with a limited rating, performed maintenance, preventative maintenance, or alterations on 

an article which was not listed on its current capability list or its operations specifications." 

22. All documents relating to the FAA's conformity inspections of the Aircraft. 

23. All photographs, videos, or drawings of the Aircraft that relate to this matter. 

24. All documents relating to the FAA's investigation(s) of Leading Edge. 

25. All documents encompassed by Leading Edge's Freedom of Information Act 

(FOIA) request to the FAA. 

. 5-

188662411122816\49252 
26. All internal FAA documents reflecting communications about Leading Edge's 

FOIA request to the FAA. 

27. The Enforcement Investigative Report ("EIR"), all versions of the EIR, all 

communications about the EIR, and all documents used to prepare or draft the EIR. 

28. All documents used or relied upon by the FAA in determining the civil penalty 

amount being sought against Leading Edge. 

Fred C. Begy 

Carri A. Conlon 

CHUHAK & TECSON, P.C. 

30 S. Wacker Drive 

Suite 2600 

Chicago, IL 60606 

(312) 444-93 00 

1886624\1122816\49252 

LEADING EDGE AVIATION, INC. 

By: ____:t1~1L=-::......~~e..::::::.._ __ One oflts Attorneys 

. 6-
CERTIFICATE OF SERVICE 

The Wldersigned, being first duly sworn on oath, certifies that a true and correct copy of 

Respondent's Interrogatories to FAA was served upon coWlsel-of-record as indicated above by 

depositing same, proper postage prepaid, in the U.S. mailbox located at 30 South Wacker Drive, 

Chicago, Illinois 60606 at or about 5:00p.m. this 7th day of September, 2012 and also sent via 

facsimile. 

1886624\1\22816\49252 

Jeffrey M. Harper, FAA Attorney 

Dana Stephenson, FAA Attorney 

FAA Office of Regional CoWlsel 

Federal Aviation Administration 

Northwest MoWltain Region, ANM-7 

1601 Lind Ave. 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 I Suite 2600 I Chicago, lllinois 60606 

312.855.4617 direct 1312.444.9300 main 1312.444.9027 fax 

cconlon@chuhak.com 1 chuhak.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 of the individual or entity named above. If you are not the intended recipient, you are notified that any disclosure, copying, distribution, electronic 

storage or use of this communication Is prohibited If you 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, 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 not apply by reason of this 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 Aviation 

CarriThat will not work for me. 

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. 

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 

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