08/20/2015 08:07 FAX 3107256816 AWP-7 UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGSWASHINGTON, D.C. Inthe Matter ofK.R. Rumberger Respondent. •******* FDMS No. FAA-2015-0639 FAA Region: Western-Pacific Judge: Richard C. Goodwin MOTION TO COMPEL ANSWERS TO COMPLAINANT'S FIRST DISCOVERY REQUEST 141002 COMES NOW, the Regional Counsel ofthe Western-Pacific Regi<"' ol·the Federal Aviation Administration (FAA), by counsel, and files this Motion tc Compel Answers to Complainant's First Setof Discovery, pursuant to Section !3.220(rn: ofthe **Rule~** of Practice. This motion is based onthe fact that Respondent has failed :o±!lca **re~ponse** to Complainant's First Setof Discovery. FACTS I. On June 23, 2015, Complainam served his First Setof Discoverv to Respondent ("Discovery Requests") seeking information regarding the identity of •Nitncsscs.

testimony, documents and other evidence tobe presented by Respondent atthe hearing inthis case. (!\true copy of said discovery is attached hereto as Exhibit ·'A.") 2. The Discovery was served on Respondent's attorney, Negar Pur?.Cadell 2.1 Tenax **~aw** Group PC. 145 Park Place, Suite A. Point Richmond, CA 94801. by certir!cd maiL return receipt requested [tracking number 7015 0920 0001 5091 91800.108/20/2015 08:08 FAX 3107256816 AWP-7 141 003 3. On June 29,2015. Respondent's counsel received the discovery •eques:. {A tnJe and con·ect copy of signed certitled mail receipts and printout$ downloadec 'l·om the United States Post Office indicating when the requests were delivered, are attached as Exhibit "B.") 4.To date. Respondent has failed to respond tothe propounded di$coverv _nor has he requested an extension of time in which to respond. ARGL'MENT Section l 3.220(m) ofthe Rules of Practice states: "A party may make a motion to compel discovery ifa person refuses to answer a question during a deposition. " party fails or refuses to answer an interrogatory, ifa person gives an evasive or incomnlete answer during a deposition or when responding toan interrogatory, ora **pru~v** fails or refuses to produce documents or tangible iten1s'' Here, Complainant's **~)iscove!:y** Request was sent to Respondent on Jtme 23, 2015, and Respondent was reouested to respond tothe Interrogatories and Requests for Produc1ion of Documents, separately and fully under oath, within thirty (30) days ofthe date of service. Pursuant to scctiot' :3.21 i ofthe Rules of Practice, the date of service isthe mailing date shown onthe ceJ1-if:icate of service, and after service by mail, an additional five (5) days is added tothe Drcscribcd

period fora response. Accordingly, Respondent's response to Complainant's **~)iscovery** Requests was due onor before July 28, 2015. To date, Respondent has failed tro respond to Complainant's Discovery Requests, nor hashe requested an extension of time in which to subn1it his respons!;!.Without responses tothe propounded discovery, Complainant will be hampered in its ability to orepare fora hearing inthis matter. Therefore, Complainam reoue$tS th:Jt: 208/20/2015 08:09 FAX 3107256816 AWP-7 l4l 004 the Administrative Law Judge issue an Order compelling Respondent to 1Jrovide scoarate and complete answers to each ofthe pending discovery requests served June 23, 2015. and that said responses be ordered served so that they are received hy Compiainant no later than September 15, 2015. Inthe event Respondent fails to comply with th<: **~Jrdcr** to Compel, Complainant requests the Administrative Law Judge issue an Orcle:- making negative inferences against Respondent relative tothe matters sought a11d not pmvided. J preclusion order. dismissal, or other relief deemed appropriate bythe court. Respectfully submitted, Federal Aviation Administration Wcstem-hcific Region f ,awndale, California Bv**~**II-- -/:,G iI,Jerre <VL ·reen \jeyDate: AUG20201508/20/2015 08:09 FAX 3107256816 A\VP-7 CERTIFICATE OF SERVICE I hereby certify that on this dateIhave faxed and placed inthe United **Stme~** maiL postage prepaid, certified mail, the executed original ofthe MOTION TO COMPEL ANSWERS TO COMPLAINANT'S FIRST DISCOVERY REQUEST, **addre~~ed a~**  follows: Federal Aviation Administration 800 lndependence Avbenue, S.W. Washington, DC 20591 Attention: He""·ing Docket Clerk, AGC-430 Wilbur Wright BtJilding- Suite 2Wl 000 FAX (202) 267-1293

**Th~** Honorable Richard C. Goodwin Administrative Law Judge Office of Hearings, M-20

U.S. Department of Transportation 1200 New Jersey Avem1e, S.E. (EJJ-310) Washington, DC 20590 VIA FACSIMILE: (202) 366-7536 I4J 005 Tfun her certify that on this dateIhave placed inthe United States mail. ;JOStage prepaid, certified mail- return receipt requested, and by regular mail, atrue copy ofthe MOTION TO COMPEL ANSWERS TO COMPLAINANT'S FIRST DISCOVERY REQUEST, addressed as follows:Negar Pirzadeh, Esq. Tenax. Law Goup PC 145 Park Place, Suite A Point Richard, CA 9480I Dated: August 20, 2015 **~~~~** JeffKalJlbergLegal Technician Office ofthe Regional Counsel Federal Aviation Administration Westcm-Paci.fic Region Hawthorne. Calitornia 408/20/2015 08:10 FAX 3107256816 AWP-7 UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGSWASHINGTON, D.C, Inthe Metler Kenneth Ray Rumberger Respondent. ••*•••• ·----"'""'"''"'"'AA,.,..,,. . **I,,..~w.,•'**'"II*"'******~'A'**W  Docket No. FAA-2015-0t$39 FAA Region: Westem-Paclflc Judge: Richard C. Goodwin COMPLAINANT'S FIRST SET OF DJSCOVERY TQ RESPONDENT To: Respondent and Respondent through Counsel: Complainant, by and through counsel, pursuant to Section !3.220 ofthe Rules of Practice in FAA Civil Penalty Actions, requests the Respondent please respond tothe following Interrogatories and Requests for Production of Documents, separately a11d fully under oath, within thirty (30) days ofthe date of service. These discovery requests are intended tobe continuing in nature and any

information which may be discovered by you subsequent tothe service and filing of your answei'S must be brought tothe attention of the Complainant's attorney through supplemental answers when it becomes available to you, andina reasonable time orior to the hearing inthis matter. lfthere are any additions, deletions or changes inthe answers or information provided atany time prior to hearing, the Respondent is specifically requested toso immediately inform Complainant's attorney. If such informatio:J isnot 14100608/20/2015 08:10 FAX 3107256816 AWP-7 furnished, atthe time ofthe hearing, the attorney for Complainant may move to exclude from evidence such information requested and not furnished. If,in responding to,or failing to respond to these requests for discovc::ry you invoke or rely upon any privilege ofany kind, state specifically the nature ofthe privilege, the basis upon which you invoke, rely upon or claim it, including any statutory or decisional reference, lind identify all documents or other information, ir,cluding contacts and communications which you believe tobe embraced by the privilege invoked. INTERROGATORIES: 1. Identify by name, address and telephone number all persons who have

personal knowledge ofthe incidents alleged inthe complaint. 2. Identify by name, address and telephone number all persons who have personal knowledge of your affirmative defenses alleged in your answer. 3. Identify by title, date, author, present custodian, and content, all documents obtained by you orin your possession relating tothe assertions inthe complaint and your answer, including affirmative defenses.

4. Identify by name, address and telephone number, all persons wh·C)m you intend to have testify asa [!l(;tual witness in your defense atthe hearing inthis matter, and provide a detailed summary of each person's anticipated testimony. 5. Identify by name, address and telephone number, all persons whom you intend to have testify asan expert witness in your defense atthe hearing inthis matter, and provide a detailed summary of each expert's anticipated testimony. 6. Identify by title, date, author, present custodian, and content which documents you anticipate offering into evidence atthe hearing inthis matter, and through which witness or witnesses. 2 14100708/20/2015 08:11 FAX 3107256816 AWP-7 7. With respect to each expert witness identified in response to Interrogatory No.5, above, 5pecify their area of expertise, and provide a synopsis of their credentials, background, training and experience. 8.Do you contend that the FAA's proposed civil penalty should be reduc:ed? 9.Ifyou answered ** "yes~** to Interrogatory 8., please identify all facts UPO'l which you base your contention. I0. Identify all individuals by name, address, and telephone number who have knowledge ofthe facts which support your contention that the FAA's proposed civil penalty should be reduced. II. State all facts to support your affirmative defense that the proposed civil

penalty is exoroitant and excessive. REQUESTS FOR PRODUCTION OF DOCUMENTS: I. Provide a copy ofall written statements/affidavits/declarations of individuals identified in response to interrogatory number I,onthe previous page.

2. Provide acopy ofall documents identified in interrogatory number 2,on the previous page. 3. Provide a copy ofall documents in support of any and allnr your affinnative defenses plead in your answer.

4. Provide acopy ofthe current curriculum vitae for each and every expert you intend to have testifY in your defense atthe hearing inthis matter_ 5. l'rovide a copy of any and all recorded statements of any witnesses having personall<nowledge ofthe incidents alleged inthe complaint and your affirmative defenses alleged in your answer including but not limited to tape recordings and transcriptions ofthe tape recordings. 6. Provide any andall documents your experts will be relying upon to testify in your defense atthe hearing onthis matter. 3 141 00808/20/2015 08:12 FAX 3107256816 AWP-7 7. Provide a copy of any and all reports, notes, charts, diagrams, flight plots or other written documentation prepared by your expert(s) which will be testifying in your defense atthe hearing on this matter. 8. Provide a copy ofany andall documents which supports your contention that the FAA's proposed civil penalty should be reduced. 9. Provide a copy of any and all documents, reports, notes, court orders, minute orders, and any other writings which support your affirmative defense that the proposed civil penalty amount of$7700.00 is exorbitant and excessive. Respectfully submitted, Naomi TsudaRegional Counsel By:Date· une 23, 2015 4 141 009I4J 010 08/20/2015 08:12 FAX 3107256816 AWP-7 ;Ti\J. SEI,'{V!(J'' i=-ir'Si-CI<:!s:-: IVi:-ril **·.:>o:;:;(~:H;)I'::·** F **;-=.~e.:J** P3j(l,:

**IJ5P::~** ,F1 errnit !\Jc-J S-·10 **~·** -- **----"~'--- ~**  [ U.S_ Depa.rtm.ent of Transportation Fedeml Aviation Administration P_0. Bo:-: 92007, AWP-7.6 Los Angelc:s, CA 90009-2007 SENI:EP; **COMP~ETE** ":- SECTION . • complete items 1,2,ar\ _Also complete item4if Restricted Deflvery is desired. • Print vol.lr na.me **~nd** address onthe reverse so **th~t** we c:an return tht:! card to **yo~.** • Attach this card to the back ofthe mal/piece, oron the front if :;;pace permits. 1. Artiole Addres!5ed to:

1enax Law Group PC NegarPirzadeh, Esq. 145 Park Place, Suite A ?oint Richard, CA 94801 • A SJgry.e.ture ·., X.. **----a·c().//~** **,~;!:~-----*~,--~---** o-i1gent ---- •-...-P"L·· D l1C1dr'f!ssee B. Received by (Pnnted Ntirlle;----1 c. **Oat;~~;-** 0,Is delive1y (Lcldress different 'from Hem I?C! \i'3G If YES, "mter dellvery address below: !"JNc-, a. **~~~~~~~eMail~** 0 **Prior!C~~'~;:~-~t;'~** ,",.- 0 **R~gfsteted** 0 Return **Reoel~·for** Merci1andisF.< CJ Insured Me.ll 0 Col/eeton De!iVal)_' ____ _ 4. Restricted Delivery? (Extro. Fee) D Yot·• 2.. Artlc:le NumbF)r (T rnnster from .wrv!co labelj 70l5 0920 0001 5091 9150

PS Form 381-i, July 2013 Dornestle RB!Um Aeeaipt [ ll-(3;,I.I08/20/2015 08:13 FAX 3107256816 **Englis~** USPS Mobile USPS Tracking®

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fOlANn FFAA Act **~;!-7(11Jat3.** 11208/20/2015 08:13 FAX 3107256816 AWP-7 I4J 012 DECLARATION 01!: JEFF J(AMBERG I,Jeff Kamberg, declare as follows: All matters stated herein are within my own personal knowledge, andif called asa witness, c could, and would competently testifY thereto, except for those matters stated upon information and belief, andasto those matters, I believe them tobe true: i. iama legal technician inthe Office of the Regional Counsel, Fede•a! Aviation Administration, Western-Pacific Region. 2. On June 23,2015, the Complainant's First Setof Discovery to Respondent was served on Negar Pirzadeh, Esq., Tenax Law Group PC, 145 Park Place, Suite A, Point Richmond, CA 94801 by certified mail, return receipt requested (7015 0920 0001 5091 9180). A copy ofthe Discovery Requests is attached as Exhibit ''A." 3, On June 29, 2015, Respondent's counsel, Ms. Negar Pirzadeh received the Discovery Request, andan Agent for the Law Firm signed PS Form 3811 (green card). A copy ofthe front and back ofPS Form 3811, along with the printout from www.usps.com is attached as Exhibit

"· To date, this office has not received a response to Complainant's outstanding discovery request. I declare under penalty of perjury under the laws ofthe United States of America that the foregoing istrue and correct. Signed this!9'11day of August, :2015 in Lawndale, CaliforniaJEFF'KARG08/20/2015 08:14 FAX 3107256816 AWP-7 CERTIFICATE OF SERVICE I hereby certify that on this dateIhave placed inthe United States mail, postage prepaid, certified mail, the executed original ofthe COMPLAINANT'S FIRST s•:T OF DISCOVERY TO RESPONDENT, addressed as follows: Negar Pirzadeh, Esq_ Tenax Law Group PC 145 Park Place, Suite A Point Richmond, CA 94801 Dated: June 23, 2015 JeffK g Office ofthe Regional Cou Federal Aviation Administration Western-Pacific Region Hawthorne, California 5 14101308/20/2015 08:07 FAX 3107256816 AWP-7 141001 Federal Aviation Administration **~::··-···** t-'-'-'- -·····-

,.Phone:Fax: ·- From: **~-·----** ·-·-·

Title:Date:Pages wlcover: Hearing Docket Clerk, AGC-430, & Judge Office ofthe Regional Counsel. AWP-7 PO Box92007 Goodwin, Office of Hearings, U.S. DOT -··' .-· (202) 267-1293 & 202<366-7536 Lierre Green **FA6Attome~.** AWP-7.6 August 20, 2015 -- - D Per your Request DFor Coordination --·--_j Los Angeles, CA 90009-2007 Telephone: (310) 725-7117

Facsimile: (310) 725-6816 Email: Facsimile Description of item being transmitted: MOTION TO COMPEL **ANSWI:~S** TO COMPLAINANT'S FIRST DISCOVERY REQUEST DFor Review 0 Please Comment )( Hard Copy to Follow via US MAIL NOTf:S/COMMENTS: RE: Administrator, FAA v. KR Rumberger, FDMS No. FAA-2015-0639 The information contained inthis facsimile message is imended for the use ofthe designated addressee only. The information transmitted may be subject tothe attorney-client pr'IVilege or may be protected Ulnder the Privacy Act. Ifyou are not the designated addressee and you receive this document through inadvertent error, any further review, dissemination, distribution or copying of this communication is strictly prohibited. !F YOU RECEIVE THIS COMMUNICATION IN ERROR, PLEASE NOTIFY THE SENDER IMMEDIATELY BY TELEPHONING (310) 725- 7100 "-ND DESTROY THE ORIGINAL OF THIS COMMUNICATION. Thank You.