Brent R. Cole 

Law Office of Brent R. Cole, P.C. 

821 N Street, Suite 208 

Anchorage, AK 99501 

(907) 277-8001 

Attorneys for Redemption Air, Inc. 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

In the matter of: 

Redemption Air, Inc. 

WASHINGTON, DC 

) 

) FAA Case No. 2013AL030106 

) Docket No. FAA-2014-0115 

______________ ) (Civil Penalty Action) 

MEMORANDUM IN SUPPORT OF MOTION 

TO COMPEL DISCOVERY OR IMPOSE SANCTIONS 

Redemption Air, Inc. ("Redemption Air") moves this Court for an order 

compelling the Federal Aviation Administration ("FAA") to make employee Christina 

Bryant (Ms. Bryant") available to be deposed pursuant to 13 CFR § 14.220(j) or, in the 

alternative, impose sanctions precluding her testimony in this matter. Further, 

Redemption Air requests that this Court order the FAA to reimburse for reasonable 

expenses associated with the FAA's abuse of discovery rules pursuant to Federal Rule of 

Civil Procedure 37. Ms. Bryant's deposition had been previously scheduled for 

November 20, 2014, but she failed to appear at the time and location scheduled. An order 

is needed because counsel for FAA refuses to allow the deposition to proceed with the 

personal attendance of Redemption Air's owner, Bob Stanford ("Mr. Stanford"). 

Memorandum in Support of Motion 

to Compel Discovery or Impose Sanctions 

In re: Redemption Air, Inc., Docket No. FAA-2014-0115 

Page I of6 
I. FACTS 

The Complaint against Redemption Air was filed with this Court on April 17, 

2014. Redemption Air answered on May 20, 2014. In its answer, Redemption Air denied 

most of the allegations made against it and all of the allegations related to Ms. Bryant, an 

aviation inspector with the FAA. A procedural order issued on April 25, 2014 and was 

served on both Redemption Air and counsel for the FAA. Discovery closes on January 9, 

2015. 

Counsel for the Redemption Air has repeatedly requested the opportunity to 

depose the principal complainant in this action: Ms. Bryant. Related to this motion, 

counsel for Redemption Air wrote to the FAA on October 7, 2014, again asking to 

depose Ms. Bryant. After some discussion, the FAA agreed to make Ms. Bryant available 

but indicated that it would only do so if Mr. Stanford, the owner of Redemption Air, were 

not permitted to attend. Mr. Stanford is unwilling to waive his right to be present at the 

deposition and his presence is necessary to assist counsel at the deposition. Instead, and 

pursuant to 14 CFR § 13.2200), a Notice of Deposition was served on the FAA on 

November 11, 2014. A copy of the notice is attached hereto as Exhibit A. 

On November 20, 2014, Ms. Bryant failed to appear at the time and location of her 

deposition. Redemption Air was present with a court reporter ready to administer the oath 

by the laws of the United States. A transcript of proceeding is attached. See Exhibit B. 

Memorandum in Support of Motion 

to Compel Discovery or Impose Sanctions 

In re: Redemption Air, Inc., Docket No. FAA-2014-0115 

Page 2 of6 
II. ARGUMENT 

A. Ms. Bryant's Deposition Should Be Compelled or, in the Alternative, Her 

Testimony Should Be Precluded at the Hearing. 

In a civil penalty action, a party may discover any matter that is not privileged and 

that is relevant to the subject matter of the proceeding. 14 CFR § 13.220(e). Further, a 

party may discover "information that relates to the claim or defense of any party ... " !d. 

Discovery may be initiated by any party and may be in the form of deposition of any 

person. 14 CFR § 13.220(a) and (b). Subsection (j) contains rules for depositions and 

provides that before a deposition may be taken, the deposing party "shall serve a notice of 

deposition, stating the time and place of the deposition and the name and address of each 

person to be examined, on the person to be deposed, on the administrative law judge, on 

the hearing docket clerk, and on each party not later than 7 days before the deposition." 

14 CFR § 13.220(j). If a person refuses to be deposed or answer questions, subsection 

(m) allows for a party to move to compel. 14 CFR §13.220(m). Additionally, this Court 

may preclude the testimony of a witness at the hearing, preclude the admission of a 

portion of evidence, and strike portions of pleadings in the event that a party fails to 

comply with discovery rules or orders to compel. 14 CFR § 13.220(n). 

Here, Ms. Bryant's testimony is relevant and not privileged. All of the allegations 

in the complaint against Redemption Air are related to an incident involving her and Mr. 

Stanford. Redemption Air has attempted to initiate discovery in the form of a deposition 

and has complied with the notice requirements. See Exhibit B. The FAA and Ms. Bryant 

refuse to cooperate or participate in the deposition. Mr. Stanford's presence to assist his 

Memorandum in Support of Motion 

to Compel Discovery or Impose Sanctions 

In re: Redemption Air, Inc., Docket No. FAA-2014-0115 

Page 3 of6 
attorney in confronting and cross-examining the FAA's crucial witness is a fundamental 

tenant of due process. As a consequence, this Court should compel Ms. Bryant to appear 

at a time and location to be deposed or, in the alternative, preclude her testimony and 

evidence related to her testimony pursuant to 14 CFR § 13.220(n). 

B. The FAA Should Be Required to Reimburse Redemption Air For Ms. 

Bryant's Failure to Attend the Previously Scheduled Deposition. 

14 CFR § 13.220 is silent as to reimbursement for expenses incurred by a party as 

a result of another's failure to adhere to the discovery rules. However, Federal Rule of 

Civil Procedure 37(a)(5) provides, "If the motion [to compel] is granted - or if the 

disclosure or requested discovery is provided after the motion was filed, -- the court 

must ... require the party or deponent whose conduct necessitated the motion ... pay the 

movant's reasonable expenses incurred in making the motion, including attorney's fees." 

Fed. R. Civ. P. 37(a)(5). This Court should adopt and impose similar sanctions and 

require the FAA to pay Redemption Air's expenses. 

Many of the discovery rules applicable to civil penalty actions appear to be 

derived from the Federal Rules of Civil Procedure and have similarities. One can infer 

that this was done because the Court and parties in a civil penalty action share many of 

the same interests as litigants in a civil suit. Civil Rule 3 7 discovery sanctions are 

designed to compensate court and other parties for added expenses caused by discovery 

abuses, compel discovery, deter others from engaging in similar conduct, and to penalize 

the offending party. TDS Healthcare Systems Corp. v. Humana Hasp. Illinois, Inc., 880 

F.Supp. 1572, 1278 (N.D.GA. 1995). 

Memorandum in Support of Motion 

to Compel Discovery or Impose Sanctions 

In re: Redemption Air, Inc., Docket No. FAA-2014-0115 

Page4 of6 
Civil discovery rules are generally construed liberally in favor of the party seeking 

discovery. Marshall v. Electric Hose & Rubber Co., 68 F.R.D. 287 (D.C.Del. 1975). The 

purpose of Rule 37 is to secure the just, speedy, and inexpensive determination of facts. 

Babcock & Wilcox Co. v. North Carolina Pulp Co., 25 F. Supp. 596 (D.Del. 1938). 

Simply put, the FAA's abuse of the discovery rules has delayed the determination of facts 

and caused expense to Redemption Air. This Court has an interest in deterring this 

behavior in the future by compensating Redemption Air for expenses incurred as a result 

of the FAA's conduct. This Court should adopt sanctions imposed by Rule 37. 

III. CONCLUSION 

Despite proper notice and a showing of relevance by Redemption Air, the FAA 

and Ms. Bryant refuse to comply with discovery rules set forth in 14 CFR §13.220. Ms. 

Bryant's failure to appear at the time and place set for her deposition is unlawful and 

without basis. This Court should compel her participation or, in the alternative, preclude 

her testimony at the hearing. Further, this Court should order the FAA to reimburse 

Redemption Air reasonable costs associated with this motion and expenses incurred in 

arranging for Ms. Bryant's previously scheduled deposition. 

Memorandum in Support of Motion 

to Compel Discovery or Impose Sanctions 

In re: Redemption Air, Inc., Docket No. FAA-2014-0115 

Page 5 of6 
DATED this 3/!>day of December, 2014, at Anchorage, Alaska. 

CERTIFICATE OF SERVICE 

This is to certify that on this day of December, 

2014, a true and correct copy of the foregoing document 

was 

~Mailed 

D Hand-delivered .,... e-.-( fii1. Faxed 

to the following: 

Original and one copy: 

Attention: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building-Suite 2Wl 000 

Federal Aviation Administration 

800 Independence Avenue, SW 

Washington, DC 20591 

One copy: 

Craig Wm. Black, Esq. 

Office of the Regional Counsel 

222 West 7th Avenue, #14 

Anchorage, AK 99513-7587 

Craig.Black@faa.gov 

Fax: 271-2800 

The Honorable Richard C. Goodwin, Administrative Law 

Judge 

Office of Hearings, M-20 

U.S. Department ofTransportation 

1200 New Jersey Avenue, S.E. (Ell-310) 

Washington, DC 20590 

Richard.Goodwin@dot.gov 

Fax: 202-366-7536 

cw;~ §iJMemorandum in Support of Motion 

to Compel Discovery or Impose Sanctions 

LAW OFFICE OF BRENT R. COLE, P .C. 

Attorneys for Redemption Air, Inc. 

By:_~_~_...:.__::_A...--_-_1 ____.:C=--------::....L __ _ 

Brent R. Cole 

AK State Bar No. 8606074 

In re: Redemption Air, Inc., Docket No. FAA-2014-0115 

Page 6 of6 
Brent R. Cole 

Law Office of Brent R. Cole, P.C. 

821 N Street, Suite 208 

Anchorage, AK 99501 

(907) 277-8001 

Attorneys for Redemption Air, Inc. 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, DC 

In the matter of: ) 

Redemption Air, Inc. 

) FAA Case No. 2013AL030106 

) Docket No. FAA-2014-0llS 

1 _____________ ) (Civil Penalty Action) 

NOTICE OF DEPOSITION OF CHRISTINA BRYANT 

PLEASE TAKE NOTICE that Redemption Air, Inc., pursuant to 49 CFR § 821.19, will 

take the video deposition of Christina Bryant, before a Notary Public or some other person 

qualified to take oaths, in the Law Office of Brent R. Cole, P .C., Anchorage, Alaska, on 

November 20, 2014, at 9:00 am, and said examination will continue from day to day until 

completed. You are invited to attend and examine if you so desire. 

DATED this II ,,.day of November, 2014, at Anchorage, Alaska. 

LAW OFFICE OF BRENT R. COLE, P.C. 

Attorneys for Redemption Air, Inc. 

NOTICE OF DEPOSITION OF CHRISTINA BRYANT 

In re: Redemption Air, Inc., Docket No. FAA-2014.0115 

Page I of2 Exhibit A 
CERTIFJCAT!! OF SEBYICE 

This is to certify that on this \/) t" day ofNovember, 

2014, a true and correct copy -;;flh.'foregoing document 

0 Mailed 

! 

Hand-delivered 

Faxed 

to the foil wing: 

Craig Wm. Black, E"''· 

Office of the Regional Counsel 

222 West 7th Avenue, #14 

Anchorage, AK 99513-7587 

Craig Black@faa.goy 

Fax: 271-2800 

NOTICE OF DEPOSITION OF CHRISTINA BRYANT 

In re: Redemption Air, Inc., Dooket No. F AA-2014-0115 

Page 2 of2 Exhibit A 
U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

In the matter of: 

Redemption Air, Inc., 

FAA Case No. 2013AL030106 

Docket No. FAA-2014-0115 

(Civil Penalty Action) 

) 

) 

STATEMENT IN LIEU OF DEPOSITION OF CHRISTINA BRYANT 

November 20, 2014 

APPEARANCES: 

FOR REDEMPTION AIR, INC.: MR. BRENT R. COLE 

Attorney at Law 

821 N Street, suite 208 

Anchorage, Alaska 99501 

(907) 277-8001 

I Exhibit B 
Page 2 Page 4 

1 PROCEEDINGS 1 CERTIFICATE 

2 (Anchorage, Alaska- 11120/2014) 2 UNITED STATES OF AMERICA) 

3 (On record) )os 

• REPORTER: We're on record. The time is 9:03 . 3 STATE OF ALASKA ) 

4 I, Salena A. Hile, Notary Public in and for tbe 5 B,..t, go ahead. 

5 State of Alllka, reaidi:ng in Anchorage in aid st.te, 6 MR. COLE: We're on record in the matter of ' do hereby certify that the deponent in the forqoin1 7 Redemption, Inc., Docket No. FAA-2014-0115 Civil 7 mau.r was duly sworn to kotify to the lndh, ond 

• Pmalty Action. This is !k-ent Cole. I'm an attorney 8 nothing but the truth; 

• for Redemption Air. rm seated at my law office and ' That llid testimony waa taken at the dme ud 

10 the date and time is November 20d!, 2014. Previously 10 place therein stated; 

11 we had scheduled a notice of deposition of Christina 11 That the testimony of said witness was recorded 

12 Bryant in this matt« and that should be made a part of 12 electronically and thereafta-trulscn"bod under my 

13 the record in this deposition. This deposition 13 ditmloo and reduced.10 prim; 

14 That the fortaoiag is a fall, complete, and 14 required Ms. Bryon! to appear at 9:00a.m. and it is 

16 true record of said testimony. 15 now 9:03 a.m. for a video deposition. Ms. Bryant is 16 I further urtify that I am not a ndative, nor 16 not present in this office. 17 employee, nor attorney, nor of colllliiCI of any of the 

17 I was con!JK:ted by the FAA attorney, Mr. Craig 19 parties to the foregoing matlcr", nor in any way 

18 Black, who indicated that neither he norM& Blyant " inten::sted in the outcome of the Dlltk:r thcn:io named. 

" would be p!<8Cilt at this deposition today. We have 20 IN WITNESS WHEREOF I have lxmmto set my hand 

20 reached an impasse reprding my clion(s right to have 21 and affixed my scsi thiii2Sth dsy ofNo""'"""' 2014. 

21 his owner appear at the deposition. Because I believe 22 

2J 22 that it was essential for my client to participate in 

Salem A. Hile 23 this dq>osition and to be a part of it, I refused to 

Nowy Public, Sllle of Alask.a 24 

,. agree that Ma Bryont would be deposed without his My Commiss.ion Expires 9/16118 

25 presence or participation. Because I woukt not agree, 25 

Page 3 

l Mr. Black indicated that she, Ms. Bryan~ would not be 

2 present tDday and would not be made available for a 

3 deposition. 

4 I indicated to him that we would put this on 

s the record and lhen move appropriately for sanctions 

• with the hearing coun. My client is not J'l"*'nt in 

7 this room for the reoaon that we didn~ want to go to 

• the expense of biinging him all tbe way here just to 

• show up and not have a deposition. So al\or learning 

10 that Ms. Blyant and her attorney would not show up, I 

11 instructed him lhat it would oot be necessary for him 

12 to attend l'hulk you. 

13 REPORTER: That ccncludes the statement on 

14 record. The time is 9:06. 

15 (Off reoord) 

16 (END OF PROCEEDINGS) 

17 

18 

19 

20 

21 

22 

23 

24 

25 I Exhibit B 

2 (Pages 2 to 4)