Mar 31 2014 7:15PM Law Offices 3035261981 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON D.C. 

IN THE MATTER OF 

JETTECH, LLC 

FAA DOCKET NO. (TBA) 

(Civil Penalty Action) 

FbMS NO. FAA 2013-1079 

RESPONDENT'S FIRST SET OF DISCOVERY TO ADMINISTRATOR 

Pursuant to Rules 26 and 33 of the Federal Rules of Civil Procedure, and Sections 

19(b) and (c) of the Rules of Practice in Air Safety Proceedings., 49 C.F.R. 821.19 (b) 

and (c), Respondent requests that the Administrator answer the following interrogatories 

and produce the following documents within 30 days. These requests shall be deemed to 

be continuing to the extent perrnitted by Rule 26(e} of the Federal Rules of Civil 

Procedure so as to require you to ftle supplemental responses. 

DEFINITIONS 

A. When knowledge or inforrnation in possession of a party is requested, such 

request includes knowledge of the party's agents, representatives and, unless privileged, 

the party's attorneys. 

B. The pronouns "you" and "yours" refers to the party to whom these 

interrogatories are addressed. 

C. Unless otherwise indicated, these interrogatories refer to the time, place and 

circumstances of the occurrences mentioned or complained of in the pleadings. 

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D. When used with respect to an individual, partnership, corpomte business or 

governmental entity, "identity" means state the name and present business and residence 

addresses of the individuals or entities and the employer, governmental or business 

affiliation and position of the individual. 

E. The terms "document" and "statement" mean without limitation, the following 

items, whether printed or electronically recorded or reproduced by any other mechanical 

or electronic process or written or produced by hand: logs, logbooks, records kept in the 

normal course of business, agreements, communications, correspondence, telegrams, 

memoranda, summaries or records of telephone conversations, summaries or records of 

personal conversations or interviews, diaries, graphs, reports, notebooks, note charts, 

plans, drawings, sketches, maps, summaries or reports of investigations, opinions or 

reports of consultants, photographs, motion picture films, brochures, pamphlets, 

advertisements, circulars, press releases, drafts, letters, any marginal comments appearing 

on any document, and all other writings. 

F. When used with respect to a document, "identity" means furnish the document 

itself, or in lieu thereof, the name and date of the document, the name, address and 

telephone number of the person or persons originating the document, the name, address 

and telephone number, if any, of the person or persons to whom the document is 

addressed, the names, addresses and telephone numbers of all persons to whom copies of 

the documents were or have been sent, and the organization, firm, or agency with which 

all such persons were connected as of the date of the document, and state whether you are 

in possession of the original or a copy, furnish the name, address and telephone 

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number of the custodian of the original or a copy, or furnish the name, address and 

telephone number of a person whom you believe is in possession of the original or a copy 

of such document. 

G. "Oral communication" means any oral exchange with words. 

H. When used with respect to an oral communication, "identity" means state the 

date when and the place where such oral communication was made, the names of all 

individuals who participated in the communication, and their positions, employers, and 

employers' addresses, the names of all individuals who were present at the time the 

communication was made and their bminess affiliations and positions, the nature and 

substance of the conununication, the nature and substance of each document recording or 

pertaining to such oral conununication, and the name, present address and telephone 

number of the present custodian of each such document. 

I. For all interrogatories to which the responding individual bas an objection, 

state the factual and legal basis for the claimed privilege, or any other authority which 

provides the claimed basis for the objection. 

INTERROGATORIES 

1) Describe in detail each document or item of tangible evidence relied upon to 

support the Administrator's claim that Respondent violated the Federal Aviation 

Regulations as charged in the complaint, and the name, address and telephone number of 

the person or persons having care, custody or control of each such document or item of 

tangible evidence. 

2) State the name, occupation, address and telephone number of each person 

whom the Administrator intends to call as a witness in this proceeding. 

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3) State the expected substance of the testimony of each intended fact witness, 

including each specific fact contained in the complaint that each such witness said. 

4) With respect to each witness whom the Administrator expects to call as an 

expert to give opinion testimony in this case, please also state the following: 

a. Name and address of his or her employer or the 

organization with which he or she is associated in any 

professional capacity. 

b. The field in which he or she is to be offered as an expert 

c. A summary of his or her qualifications within the field in 

which he or she is expected to testify. 

d. Each fact upon which the expert relies to support each of 

his or her opinions. 

e. The substance of each opinion to which he or she is 

expected to testify. 

f Describe in detail each and every report rendered by such 

experts in this action as well as relevant reports created 

outside this action. 

5) State whether any of the Administrator's intended witnesses named herein has 

ever been found in violation of any Federal Aviation Regulation, any portion of the 

Federal Aviation Act of 1958, as amended, or any portion of 49 U.S.C. relating to 

aviation matters. If so, please fully identify each such violation and tl1e facts and 

circumstances surrounding such, If none, please so state. 

6) State the name, address, telephone number, position or title and employer of 

each person who, on behalf of the Administrator, investigated the alleged violations set 

forth in the complaint, and identify each report rendered by such person or pernons in this 

and in any related matter, and the custodian thereof. 

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7). Identify each document and record in the Administrator's possession which 

provides guidance of any kind to its employees regarding investigation of the allegations 

at issue in this proceeding and the specific part or subparts which provide such guidance. 

This request includes, but is not limited to, portions of the Federal Register, FAA 

Handbooks, Flight Standards Information Bulletins, Orders, written interpretations of 

regulations, internal memoranda and any other record regardless of media, both official 

and unofficial, public and otherwise, regardless of authorship or title. 

8) State when and how the Administrator first learned of each of the allegations 

contained in the Complaint at issue in this proceeding. 

9) State the sanction range and type or types as set forth in the Administrator's 

Enforcement Sanction Guide which the Administrator used in determining the sanction to 

charge in the Complaint. 

10) State the names, addresses, and telephone numbers of all individuals and 

entities that the investigating inspector(s) communicated with during the course of his or 

her investigation of the allegations in the Complaint. 

II) For all individuals identified in the previous interrogatory, provide the date, 

time and content of all communications that the Inspector had with tl1ese individuals and 

entities during the course of his or her investigation. 

12) State the name, address, telephone number, title or position and employer of 

each person who assisted in the preparation of answers to these interrogatories. 

REQUESTS FOR PRODUCTION 

1 . Produce copies of each and every document, record and thing in the 

Administrator's possession which was identified or refe.-rcd to by the Administrator in 

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responding to any and all interrogatories served by Respondent herein. 

2. To the extent not produced in response to Paragraph 1 above, produce 

copies of each and every document, record and thing which the Administrator intends to 

introduce into evidence at the hearing in this matter. 

3. To the extent not previously produced, produce a complete copy of the 

Administrator's Enforcement Investigative Report ("EIR") in this matter and all related 

matters as referenced therein, including but not limited to, Section B (Facts) and Section 

D (Facts and Analysis). 

4. Produce copies of all entries to the FAA's "Program Tracking and 

Reporting System" (or any subsequent database intended to track inspector work flow) 

which reference Respondent or any person actually or allegedly affiliated with 

Respondent in any capacity whatsoever, whether or not specifically referenced by name. 

5. To the extent not available online to the public through an official U.S. 

Government website, produce copies of each document and record in the Administrator's 

possession which provides guidance of any kind to its employees regarding investigation 

of and enforcement activities relating to the allegations at issue in this proceeding, 

including, but not limited to the Administrator's policies with respect to alcohol. This 

request includes, but is not limited to, the Federal Register, FAA Handbooks, Flight 

Standards Information Bulletins, Orders, written interpretations of regulations, internal 

memoranda and any other record regardless of media, both official and unofficial, public 

and otherwise, regardless of authorship or title. 

6. Provide copies of each document and/or communication that indicates how 

the investigating inspector(s) became aware of the allegations alleged in the Complaint. 

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7. Provide copies of all communications between the investigating inspector(s) 

and each individual that he or she communicated with during the course of his or her 

investigation of the allegations in the Complaint, as well as any notes made by each such 

inspector with respect to each such communication. This request includes, but is not 

limited to, electronic mail and voice mails. 

8. Produce copies of all documents relating to any and all communications 

between the Respondent and the Denver FSDO or its employees, inspectors, supervisors 

and/or managers concerning field approval by the Denver FSDO or its employees, 

inspectors, and/or supervisors of repairs, alterations, and/or installations performed by 

the Respondent. This includes both the repairs, alterations, and/or installations alleged in 

the Complaint, as well as all other repairs, alterations, and or installations performed by 

the Respondent on other aircraft, for which the Denver FSDO granted, denied, or 

discussed field approval. 

9. Produce copies of all documents relating to any and all communications 

between the Respondent and the Denver FSDO or its employees, inspectors, supervisors 

and/or managers concerning the allegations stated in the Complaint and/or the underlying 

acts on which those allegations were based, and/or the manner in which the Denver 

FSDO was handling the investigation into those acts and allegations. 

Respectfully submitted tllis 31st day of Mar~~ 

S/ ~~ndexter ~~ Michael L. Poindexter 

Attorney for Respondent 

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Mar 31 2014 7:15PM Law Of'fices 3035261981 

CERTIFICATE OF SERVICE 

I hereby certify that the foregoing RESPONDENT'S FIRST SET OF DISCOVERY 

TO ADMINISTRATOR was served on this 31" day of March, 2014, by sending copies 

via facsimile and/or electronically via e-mail to the following: 

Federal Aviation Administration 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building 

800 Independence Ave. SW 

Washington D.C. 20591 

Fax: 202 493-5142 

Kyle E. Lomazow 

FAA Attorney 

Northwest Mountain Region, ANM-7 

1601 Lind Ave. SW 

Renton, Washington 98057 

Fax425 227-1007 

E-mail: Kyle.Lomazow@faa.gov 

John R. "Rob" Irwin 

JETTECH, LLC 

E-mail: rob@jettechllc.net 

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The Law Offices of 

MICHAEL L. POINDEXTER 

P· ~---· 

Michael L. Poindexter Denve-r Office: 

Jenifer E. Snyder 

2132 Montane Drive East 

Golden, CO 8040 l 

TEL. (303) 526·1980 

FAX. (303) 526·1981 

2150 West 29tb Ave., Suite 500 

Deover, CO 80211 

TO: 

EMAIL: polnlaw@aol.com 

FAX TRANSMITTAL SHEET 

Federal Aviation Administration 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building 

800 Independence Ave. SW 

Washington D.C. 20591 

FAX NO: 202 493-5142 PHONE NO: 

FROM: Michael L. Poindexter 

DATE: March 31,2014 TIME: 

RE: FDMS No. FAA 2013-1079, In re JETTECH, LLC 

NUMBER OF PAGES 9 (including this page) 

REMARKS: Attached for service please fmd a copy ofthe RESPONDENT'S F1RST SET OF 

DISCOVERY TO ADMINISTRATOR. 

If you have any problems receiving this fax, please call us at (303) 526-1980. Thank you. 

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