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UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C . 

In the Matter of K. R. Rumberger 

Respondent. 

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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 of the Western-Pacific Regi<"' ol· the 

Federal Aviation Administration (FAA), by counsel, and files this Motion tc Compel 

Answers to Complainant's First Set of Discovery, pursuant to Section !3.220(rn: of the 

Rule~ of Practice. This motion is based on the fact that Respondent has failed :o ±!lc a 

re~ponse to Complainant's First Set of Discovery. 

FACTS 

I. On June 23, 2015, Complainam served his First Set of Discoverv to Respondent 

("Discovery Requests") seeking information regarding the identity of •Nitncsscs. 

testimony, documents and other evidence to be presented by Respondent at the hearing 

in this 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 91800.1 
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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 to the propounded di$coverv _ nor has 

he requested an extension of time in which to respond. 

ARGL'MENT 

Section l 3.220(m) of the Rules of Practice states: "A party may make a motion to 

compel discovery if a person refuses to answer a question during a deposition. " party 

fails or refuses to answer an interrogatory, if a person gives an evasive or incomnlete 

answer during a deposition or when responding to an interrogatory, or a 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 to the Interrogatories and Requests for Produc1ion of Documents, separately and 

fully under oath, within thirty (30) days of the date of service. Pursuant to scctiot' :3.21 i 

of the Rules of Practice, the date of service is the mailing date shown on the ceJ1-if:icate of 

service, and after service by mail, an additional five (5) days is added to the Drcscribcd 

period for a response. Accordingly, Respondent's response to Complainant's ~)iscovery 

Requests was due on or before July 28, 2015. To date, Respondent has failed tro respond 

to Complainant's Discovery Requests, nor has he requested an extension of time in which 

to subn1it his respons!;!. 

Without responses to the propounded discovery, Complainant will be hampered in 

its ability to orepare for a hearing in this matter. Therefore, Complainam reoue$tS th:Jt: 

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the Administrative Law Judge issue an Order compelling Respondent to 1Jrovide scoarate 

and complete answers to each of the 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. In the 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 to the matters sought a11d not pmvided. J 

preclusion order. dismissal, or other relief deemed appropriate by the court. 

Respectfully submitted, 

Federal Aviation Administration 

Wcstem-hcific Region 

f ,awndale, California 

Bv ~ I 

I -- -/:, G i I ,Jerre <VL · reen 

\jey 

Date: 

AUG 2 0 2015 
08/20/2015 08:09 FAX 3107256816 A\VP-7 

CERTIFICATE OF SERVICE 

I hereby certify that on this date I have faxed and placed in the United Stme~ maiL 

postage prepaid, certified mail, the executed original of the 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. (EJ J -31 0) 

Washington, DC 20590 

VIA FACSIMILE: (202) 366-7536 

I4J 005 

T fun her certify that on this date I have placed in the United States mail. ;JOStage 

prepaid, certified mail - return receipt requested, and by regular mail, a true copy of the 

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 9480 I 

Dated: August 20, 2015 

JeffKalJlberg 

~~~~ 

Legal Technician 

Office of the Regional Counsel 

Federal Aviation Administration 

Westcm-Paci.fic Region 

Hawthorne. Calitornia 

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UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C, 

In the Metler Kenneth Ray 

Rumberger 

Respondent. 

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·----"'""'"''"'"'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 of the Rules of 

Practice in FAA Civil Penalty Actions, requests the Respondent please respond to the 

following Interrogatories and Requests for Production of Documents, separately a11d fully 

under oath, within thirty (30) days of the date of service. 

These discovery requests are intended to be continuing in nature and any 

information which may be discovered by you subsequent to the service and filing of your 

answei'S must be brought to the attention of the Complainant's attorney through 

supplemental answers when it becomes available to you, and in a reasonable time orior to 

the hearing in this matter. lfthere are any additions, deletions or changes in the answers 

or information provided at any time prior to hearing, the Respondent is specifically 

requested to so immediately inform Complainant's attorney. If such informatio:J is not 

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furnished, at the time of the 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 of any kind, state specifically the nature of the 

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 to be embraced by the privilege 

invoked. 

INTERROGATORIES: 

1. Identify by name, address and telephone number all persons who have 

personal knowledge of the incidents alleged in the 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 or in your possession relating to the assertions in the 

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 as a [!l(;tual witness in your defense at the hearing in this 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 as an expert witness in your defense at the hearing in this 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 at the hearing in this matter, and through 

which witness or witnesses. 

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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. If you answered "yes~ to Interrogatory 8., please identify all facts UPO'l which 

you base your contention. 

I 0. Identify all individuals by name, address, and telephone number who have 

knowledge of the facts which support your contention that the FAA's proposed civil 

penalty should be reduced. 

I I. 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 of all written statements/affidavits/declarations of 

individuals identified in response to interrogatory number I, on the previous page. 

2. Provide a copy of all documents identified in interrogatory number 2, on 

the previous page. 

3. Provide a copy of all documents in support of any and all nr your 

affinnative defenses plead in your answer. 

4. Provide a copy of the current curriculum vitae for each and every expert 

you intend to have testifY in your defense at the hearing in this matter_ 

5. l'rovide a copy of any and all recorded statements of any witnesses 

having personall<nowledge of the incidents alleged in the complaint and your affirmative 

defenses alleged in your answer including but not limited to tape recordings and 

transcriptions of the tape recordings. 

6. Provide any and all documents your experts will be relying upon to testify 

in your defense at the hearing on this matter. 

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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 at the hearing on this matter. 

8. Provide a copy of any and all 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 Tsuda 

Regional Counsel 

By: 

Date · une 23, 2015 

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08/20/2015 08:12 FAX 3107256816 AWP-7 

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Los Angelc:s, CA 90009-2007 

SENI:EP; COMP~ETE ":- SECTION . 

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item 4 if Restricted Deflvery is desired. 

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Attach this card to the back of the mal/piece, 

or on the front if :;;pace permits. 

1. Artiole Addres!5ed to: 

1 enax Law Group PC 

NegarPirzadeh, Esq. 

145 Park Place, Suite A 

?oint Richard, CA 94801 

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PS Form 381-i, July 2013 Dornestle RB!Um Aeeaipt 

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DECLARATION 01!: JEFF J(AMBERG 

I, Jeff Kamberg, declare as follows: 

All matters stated herein are within my own personal knowledge, and if called as a witness, c 

could, and would competently testifY thereto, except for those matters stated upon information and belief, 

and as to those matters, I believe them to be true: 

i. i am a legal technician in the Office of the Regional Counsel, Fede•a! Aviation 

Administration, Western-Pacific Region. 

2. On June 23,2015, the Complainant's First Set of 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 of the 

Discovery Requests is attached as Exhibit ''A." 

3, On June 29, 2015, Respondent's counsel, Ms. Negar Pirzadeh received the Discovery 

Request, and an Agent for the Law Firm signed PS Form 3811 (green card). A copy of the front 

and back of PS 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 of the United States of America that the 

foregoing is true and correct. 

Signed this !9'11 day of August, :2015 in Lawndale, California 

JEFF'KARG 
08/20/2015 08:14 FAX 3107256816 AWP-7 

CERTIFICATE OF SERVICE 

I hereby certify that on this date I have placed in the United States mail, postage prepaid, 

certified mail, the executed original of the 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 of the Regional Cou 

Federal Aviation Administration 

Western-Pacific Region 

Hawthorne, California 

5 

141013 
08/20/2015 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 of the Regional Counsel. AWP-7 

Goodwin, Office of Hearings, U.S. DOT PO Box92007 

-··' 

. -· 

(202) 267-1293 & 202<366-7536 

Lierre Green 

FA6Attome~. AWP-7.6 

August 20, 2015 

--

-

D Per your Request 

D For Coordination 

--·--

_j 

Los Angeles, CA 90009-2007 

Telephone: (310) 725-7117 

Facsimile: (310) 725-6816 

Email: 

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MOTION TO COMPEL ANSWI:~S TO 

COMPLAINANT'S FIRST DISCOVERY 

REQUEST 

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RE: Administrator, FAA v. KR Rumberger, FDMS No. FAA-2015-0639 

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