Mar 31 2014 7:15PM Law Offices 3035261981

U.S. DEPARTMENT OFTRANSPORTATION OFFICE OF HEARINGS

WASHINGTON D.C.
INTHEMATTEROF JETTECH, LLC FAADOCKETNO. (TBA) (Civil Penalty Action) FbMSNO. FAA 2013-1079

RESPONDENT'S FIRST SET OF DISCOVERYTO ADMINISTRATOR

Pursuantto Rules 26 and 33 ofthe FederalRules ofCivilProcedure, and Sections 19(b) and (c) ofthe Rules ofPractice 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. Theserequests shall be deemedto be continuing to the extent perrnitted by Rule 26(e} of the Federal Rules of Civil Procedure so as to require youto ftle supplementalresponses. DEFINITIONS A. When knowledge or inforrnation in possession of a party is requested, such request includes knowledge ofthe party's agents, representatives and, unless privileged, theparty'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 ofthe occurrences mentioned orcomplained ofin 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 andpositionofthe 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 orproduced by hand: logs, logbooks, records kept in the normal course of business, agreements, communications, correspondence, telegrams, memoranda, summaries or records oftelephone 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 marginalcomments appearing
on anydocument, and all otherwritings. F. When usedwith respectto 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 ofthe 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 ofallpersons to whom copies of the documents were or have been sent, and the organization, firm, or agency with which all suchpersons were connected as ofthe date ofthe document, and state whetheryou are in possession ofthe 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 ofapersonwhomyou believe is in possession ofthe original or a copy ofsuch 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 ofthe conununication, the nature and substance ofeach documentrecording or pertaining to such oral conununication, and the name, present address and telephone number ofthepresent custodian ofeach 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 claimedbasis for the objection. INTERROGATORIES 1) Describe in detail each document or item oftangible 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 ofeach such document or item of tangible evidence. 2) State the name, occupation, address and telephone number of each person whom the Administrator intendsto call as a witness in this proceeding.



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3) State the expected substance ofthe testimony of each intended fact witness, including eachspecific fact contained inthe complaintthat each suchwitness said. 4) With respect to each witness whom the Administrator expects to call as an expertto 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 whichhe or sheis to be offered as an expert
c. A summary ofhis or her qualifications within the field in which he or she is expectedto testify. d. Each fact upon which the expert relies to support each of his orher 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 ofthe 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, Ifnone,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 renderedby such person orpernons in this andin anyrelated matter, and the custodian thereof.

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7). Identify each document and record in the Administrator's possession which provides guidance ofany kind to its employees regarding investigation ofthe 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 ofmedia, both official and unofficial, public and otherwise,regardless ofauthorship ortitle. 8) State when and how the Administrator first learned ofeach ofthe allegations containedinthe Complaint at issue in this proceeding. 9) State the sanction range and type or types as set forth in the Administrator's Enforcement Sanction Guidewhich the Administrator used in determining the sanctionto 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 ofhis or herinvestigation ofthe allegations in the Complaint. II) For all individuals identified in the previous interrogatory, provide the date, time and content ofall communications that the Inspector had with tl1ese individuals and entities duringthe course ofhis orherinvestigation. 12) State the name, address, telephone number, title or position and employer of eachpersonwho assisted in thepreparation ofanswers to these interrogatories. REQUESTS FORPRODUCTION 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 andall interrogatories served

### byRespondent herein. 2. To the extent not produced in response to Paragraph 1 above, produce copies ofeach and every document, record and thing whichthe Administrator intends to introduce into evidence at thehearing 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 andAnalysis). 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 ornot specifically referencedbyname. 5. To the extent not available online to the public through an official U.S. Government website, produce copies ofeach document and record in the Administrator's possession which provides guidance ofany 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 recordregardless ofmedia, both official and unofficial, public and otherwise, regardless ofauthorship ortitle. 6. Provide copies ofeach document and/or communication thatindicateshow the investigating inspector(s) became aware ofthe allegations alleged in theComplaint.

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7. Provide copies ofall communications between the investigating inspector(s) and each individual that he or she communicated with during the course of his or her investigation ofthe 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 andvoice mails. 8. Produce copies of all documents relating to any and all communications between the Respondent and the DenverFSDO 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 discussedfield approval. 9. Produce copies of all documents relating to any and all communications between the Respondent and the DenverFSDO or its employees, inspectors, supervisors and/ormanagers concerning the allegations stated in the Complaint and/orthe 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 submittedtllis 31stday of**Mar~~** S/

## ~~ndexter**~~** Michael L. Poindexter Attorneyfor Respondent

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CERTIFICATE OF SERVICE I hereby certify that the foregoing RESPONDENT'S FIRST SETOFDISCOVERY TO ADMINISTRATOR was served onthis 31"day ofMarch, 2014, by sending copies via facsimile and/or electronicallyviae-mail to the following: Federal Aviation Administration Attn: HearingDocket Clerk, AGC-430 Wilbur WrightBuilding 800 Independence Ave. SW WashingtonD.C. 20591 Fax: 202 493-5142 Kyle E. Lomazow FAA Attorney NorthwestMountainRegion, ANM-7 1601 Lind Ave. SW Renton, Washington 98057 Fax425 227-1007 E-mail: Kyle.Lomazow@faa.gov JohnR. "Rob"Irwin JETTECH, LLC E-mail: rob@jettechllc.net

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### The Law Offices of MICHAEL L. POINDEXTER P·**~---·**

Denve-r Office: Michael L. Poindexter 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 

### FAXTRANSMITTAL SHEET Federal Aviation Administration Attn: HearingDocketClerk, AGC-430 Wilbur WrightBuilding 800 Independence Ave. SW Washington D.C. 20591 FAX

### NO: 202 493-5142 PHONENO: FROM: Michael L. 

### Poindexter DATE: March 31,2014 TIME: 

### RE: FDMS

### No. FAA 2013-1079, In

### re JETTECH, LLC NUMBEROFPAGES 9 (including this page)
REMARKS: Attached for servicepleasefmd a copy ofthe RESPONDENT'S F1RST SET OF DISCOVERY TO ADMINISTRATOR.

Ifyou have anyproblemsreceiving this fax, please call us at (303) 526-1980. Thankyou.**"">~- CONFIDENTIALITY** NOTE*'**1<

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