U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

FEDERAL AVIATION ADMINISTRATION 

FEDERAL AVIATION ADMINISTRATION, 

Complainant, 

vs. 

SKYDIVE KENTUCKY LLC 

Respondent 

FEB 1 6 2CtO 

HEARIiSlG DOCKET 

FAACaseNo. 2008CE170150 

Judge (IfO^olt^^^ 

Fftf^^Da-y'/o-yy 

r ' INTERROGATORIES AND 

REOUEST FOR PRODUCTION OF DOCUMENTS 

PROPOUNDED BY RESPONDENT 

C 5 

Complainant is hereby notified to answer the following interrogatories and produce for 

inspection and copying at the office of Allen K. Gailor, the Gailor Law Office, PLLC, 730 West 

Market Street, Suite 100, Louisville, Kentucky 40202, Counsel for Respondent, the following 

designated documents, on or before thirty (30) days from the date hereof: 

DEFINITIONS 

In these Interrogatories, the following definitions shall apply: 

Complainant, Federal Aviation Administration, 

shall be designated Complainant 

Skydive, Ky, LLC, Respondent, shall be designated Respondent 

Civil Aircraft N5927B, a Cessna 182A, shall be designated N5927B 

The civil flight of N5927B, originating on or about 

August 30, 2008, departing from Addington Field in 

Elizabethtown, Kentucky, as generally set forth 
in Complainant's Complaint shall be designated civil flight 

Fuel gauge, alleged in Complainant's Complaint to be 

inoperative on N5927B at the time of the 

flight, shall be designated fuel gauge 

INTERROGATORIES 

1. State the names of those persons and relationship to Complainant, if any, together 

with their place of employment, office or title, who provided information to answer this 

discovery and describe generally the information provided by each. 

RESPONSE: 

2. State the names, addresses, telephone numbers, places of employment and job 

titles of all witnesses known or reasonably thought by you or your agents, attorneys or other 

representatives to have knowledge or information of any facts, information, circiunstances or 

issues raised by the pleadings in this action, and for each such person state, to your knowledge, 

the general subject matter of such person's knowledge. (This Interrogatory does not seek to have 

you state what such person knows but only to identify the probable subject matter of the person's 

knowledge or information i.e., facts concerning the flight, fuel gauge, etc.). 

RESPONSE: 
3. State the names, addresses and telephone numbers of each expert witness whom 

you intend to use or rely on at the trial of this action, and with regard to each, state: 

3.1 The subject matter on which the expert is expected to testify. 

3.2 The substance of the facts and opinions to which the expert is expected to 

testify. 

3.3 A summary of the grounds for each such opinion. 

3.4 List all cases including courts, proceedings or other matters, parties and 

case number, in which the expert has testified by deposition or at trial in 

the past ten (10) years. 

RESPONSE: 

4. State whether or not Complainant, or any of Complainant's experts or witnesses, may 

use, rely on or refer to any learned treatises as defined at FRE 803(18) and, if so, fully identify 

the learned treatise together with the inclusive pages thereof that are relied on. To the knowledge 

of Complainant or any of its agents, employees or experts state whether or not there are any 

learned treatises offering opinions or information contradictory to the learned treatise relied upon 

by Complainant or its experts or witnesses and, if so, please fully identify the learned treatise 

with the conflicting information and provide the inclusive page numbers thereof 

RESPONSE: 
5. hi Complainant's Complaint, at paragraph II-7, Complainant alleges that N5927B 

had an inoperative fuel gauge. With reference thereto, please state all facts upon which 

Complainant intends to rely to support its allegations that the fuel gauge was inoperative 

including tests thereon and witnesses thereto. 

RESPONSE: 

6. In Complainant's Complaint, at paragraph H-IO, Complainant alleges that 

N5927B was not airworthy. With reference thereto, please state all facts upon which 

Complainant intends to rely to supports its allegations that N5927B was not airworthy including 

tests thereon and witnesses thereto. 

RESPONSE: 

7. In Complainant's Complaint, at paragraph III-l, Complainant alleges that 

Respondent violated several sections of the Federal Aviation Regulations. With reference thereto 

and each section allegedly violated, please state all facts upon which Complainant intends to rely 

to support such allegations that Complainant violated any of the cited Federal Aviation 

regulations. 

RESPONSE: 
8. hi Complainant's Complaint at paragraph 111-3, Complainant alleges that under 

the facts and circumstances of this case, a civil penalty of $3,400.00 is appropriate. With 

reference thereto, please state all facts upon which Complainant intends to rely to support such 

allegation that a civil penalty of $3,400.00 is appropriate, and if Complainant has taken into 

consideration or relies upon any particular enforcement sanction guidance tables or other 

published precedent, please identify such tables or precedent including the section, subsection if 

applicable and page number thereof A request for production of such table or publication 

follows as Request No. 6. 

RESPONSE: 

9. With reference to paragraph III-3 of Complainant's Complaint and the allegation 

that a civil penalty of $3,400.00 is appropriate, please identify all facts considered by 

Complainant in such allegation favoring Respondent or a lesser civil penalty. If any guidance 

tables, publications or documents were so considered, please identify same including the section, 

subsection if applicable and page number thereof. A Request for production of such tables or 

publications follows as Request No. 7. 

RESPONSE: 
REQUEST FOR PRODUCTION OF DOCUMENTS 

1. Provide copies of all documents that you intend to use at the trial of this action 

and all documents that were utilized in answering the foregoing Interrogatories whether intended 

for use at trial or not. 

RESPONSE: 

2. Provide copies of any photographs, sketches, diagrams or tape recordings of radio 

transmissions or phone conversations concerning the events that are the subject matter of 

Complainant's Complaint. 

RESPONSE: 

3. For any expert witness listed in your answer to Interrogator^' 3, supra, please 

produce the expert's curriculum vitae and copies of all published articles of the expert witness 

that relate to the expert witness's opinions as set forth in response to Interrogatory' 3, supra. 

RESPONSE: 

4. Concerning any learned treatises identified in your answer to Inlerrogatorv' 4, 

supra, please produce a copy of the title page and the inclusive pages so identified. 

RESPONSE: 
5. Produce all releaseable portions of the files pertaining to FAA Case No. 

2008CE170150 including Complainant's file concerning the issues set forth in Complaint's 

Complaint, including all pertinent radio transmissions, telephone conversations and notes or 

transcriptions of statements taken from or inter\'iews with witnesses or any summaries thereof in 

accordance with applicable law and Respondent's request therefor contained within a Request for 

Production to Complainant's Counsel dated September 9, 2009, copy attached for reference as 

Exhibit 1. 

RESPONSE: 

6. Produce any enforcement sanction guidance tables or other published precedent 

identified in response to Inten'ogatory No. S, supra. 

RESPONSE: 

7. Produce any guidance tables, publications or documents identified in response to 

lnteiTOgator>' No. 9, supra. 

RESPONSE: 

^RtJspectfully submitted. 

iw K. Oailor 

THE G,-\ILOR LAW OFFICK, PLLC 

100 Professional Arts Building 

730 West Market Street 

Louisville, Kentucky 40202 

(502) 584-7217; Fax (502) 584-4848 

Counsel for Respondent 
CERTIFICATE OF SERVICE 

I hereby certify that a copy of the foregoing Interrogatories and Request for Production of 

Documents was faxed and mailed thisS ' ^ day of Februarj', 2010 to: 

Hearing Docket Clerk 

FAA, AGC-430, Suite 2W1000 

Wilbur Wright Building 

800 Independence Avenue, SW 

Washington, DC 20591 

Taneesha D. Marshall 

Federal Aviation Administration 

Office of the Regional Counsel, ASO-7 

Southern Region 

P.O. Box 20636 

Atlanta, GA 30320 

Fax No. 404-305-5223 

Allen K.V3ailor 

Counsel for Respondent 
THE GAILOR LAW OFFICE, PLLC 

100 PROFESSIONAL ARTS BUILDENG 

730 WEST MARICET STREET 

LOUISVILLE, KENTUCKY 40202 

ALLEN K. GAILOR TELEPHONE: (502) 584-7217 

ANDREW K. GAILOR FACSIMILE-. (502) 584-4848 

JASON DATTILO WWW.GAILORLAW.COM 

December 9, 2009 

Taneesha D. Marshall, Attorney 

Office of Regional Counsel 

P.O. Box 20636 

Atlanta, Georgia 30320 

In Re: 2008CE170150 

Skydive Kentucky LLC 

N5927B, Cessna 182A 

Dear Ms. Marshall; 

With reference to the above matter this office represents Skydive Kentucky LLC concerning 

your letter of November 19, 2009, copy attached, and the events set forth therein. 

hi order for me to properly investigate this matter and represent Skydive Kentucky LLC 1 

must have access to all releasable portions of the files pertaining thereto and, accordingly, under 

applicable law including but not limited to the Freedom of Information Act and the Privacy Act 1 

request access to and copies of all legally releasable docionents pertaining to the above matters. 

Please include copies and transcripts of all pertinent radio transmissions or telephone 

conversations and any other conversations or summaries thereof with representatives of Skydive 

Kentucky LLC or any other person pertaining to the above matters which are not privileged. 

I look forward to working with you in this case. If you have any questions, ple.ase contact 

me directly. 

incerely, 

AKG/hrs 

Enclosure 

EXHIBIT 

-X