# RE D

U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS, WASHINGTON, DC 

## HEARING DOCKET MICHAEL P. HUERTA, Administrator Federal AviationAdministration Complainant 

### v. ) ) ) ) ) ) BIRMINGHAMFLIGHT CENTER, INC. ) Respondent. ) ) DocketNo. FAA-2014-0867 Judge J.E. Sullivan FAA CaseNo, 2012S0090053

RESPONDENT'S RESPONSE TO ADMINISTRATOR'S MOTION TO AMEND THE COURT'S RULE 16 SCHEDULING ORDER Now Comes the Respondent, BirminghamFlight Center, by its attorneys, Barnett & Borth, LLC. and in response to the Administrator's motionto amendthis Court's Rule 16 scheduling order states as follows: 1) In March of2015, the parties engaged in discussions to arrive at a mutually agreeable Rule 16 pre-trial order. Atthattime all issues thatwere pertinentto the discovery and motionpractice that were anticipated were discussed. These discussions culminated in ajointRule 16 discoveryplan that was submitted to this Court in advance ofthe Court's scheduled Rule 16 scheduling conference. (See ExhibitA). 2) Atthe Rule 16 conference, the Administrator's counsel did not indicate that any dispositive motions would be filed and, accordingly, no time for the briefmg ofsuch motions was allotted for in the Order Setting Litigation Dates and Procedures ("Rule 16 Order") ultimately entered by the Court inthis case. (See Exhibit B). 3) Consistentwith the paragraph 1 ofthe Court's Rule 16 Order, the Respondent timely filed its initial Rule 26 disclosures on Aprill6, 2015. (See Exhibit C).



### liP age4) Consistent with the paragraph 2 ofthe Court'sRule 16 Order, theRespondent timely filed its initial general discovery on Apri120, 2015. (See ExhibitD, Interrogatories, Exhibit E, Requests for Production, and ExhibitF, Expert discovery). Each ofthese discovery items were properly sent to the e-mail address ofFAA's attorney ofrecord. (See proofofservice attached to Exhibits D, E andF). 5) Prior to the August 21,2015 closing ofdiscovery in this matter, Respondent's counsel make multiple requests ofthen Administrator's' counsel, Deitrick Johnson, to comply with outstanding discovery. 6) As ofAugust 21,2015, Respondent complied with all ofthe Administrator's discovery requests. 7) Priorto the filing ofthis action, the FAA had engaged in rather extensive investigation that included gathering pertinent documents, interviewing all witnesses, securing e-mails, correspondence and statements from all pertinent witnesses, etc. All of this informationwas thenplaced in the FAA'sEnforcement Investigative Report (EIR). As such, at the time offiling this Emergency action the FAA was fully apprised ofthe facts and documentary evidence involved in this matter. In fact, the Respondent's response to the Administrator's two Requests to Produce have only uncovered a few email transmissions that were not already contained in the Administrator's EIR. (See Exhibit G). Therefore, an extension ofthe discovery deadline will not serve to advance anytheories ofliabilitythat theFAA has inthis case. 8) On August 19,2015, counsel for the parties engaged in a telephone conversation at which time counsel for the Respondent again request discovery compliance and assured FAA counsel that the Respondent would file responses to the FAA's outstandingdiscovery bythe August 21 deadline. This was, in fact accomplished. In addition, Respondent's counsel requested that the FAArespond to the Respondent's outstanding discoverybythe Rule 16 Order deadline and was informed that more time would be required. FAA counsel also indicated that it had not obtained any further documents outside ofthose contained in the EIR. Respondent's counsel then requested that FAA comply by September I, 2015 to allowRespondent's counsel to prepare and timely file witness lists and exhibits bythe deadline imposed at paragraph I0 ofthis Court's Rule 16 Order, September 18, 2015. 9) Further discussion was had regarding the filing ofa motion for summary judgment and extension oftime to allow for such. Respondent's counsel argued thatthe FAA had many months to file such a motion, that the documents disclosed by the Respondent andthose contained in the EIR demonstrated questions ofmaterial fact that wouldpreclude summaryjudgment and that virtuallyno new evidence that would change this had been disclosed by either party. Inhis motion, the Administrator admits thatthe "Agency doesn't feel as ifit would needthat motion [a summaryjudgment motion] period." (SeeMotion to Extend atp.3). The Administrator further admits that: "Respondent's discovery responses do indicate thatthere are factual disputes as to some ofthe details ofthe arrangements for the flight." 1 (See Motion to Extend atp.3). I0) Withthe exception ofallowing the Administrator some additional time to file its late discovery responses to allowthe Respondent to adequately prepare for trial and

1 These questions offact come from pre-FAA investigation e-mails to and from Dr. Long, the individual for whichthe flight was arranged, that demonstrate thatthe flight was, infact a demonstration flight conducted consistentwith 14 CFR § 91.50l(b)(3). (See for examplethee-mails ofDr. Long and the broker ofthe subject aircraft at Exhibit H).comply withthe other aspects ofthe Court's Rule 16 Order, the Administrator's request for extension oftime is not supported by a showing ofgood cause and should be denied. See Marmo v. IBP, Inc., No. 8:00CV527, 2005 WL 675809, at *2 (D. Neb. Feb. 3, 2005) (In holdingthere was no showing ofgood cause for modification ofcase management orderto allow designation ofnew expertwitness, court notedthat the "primarymeasure" ofthe Rule 16 good cause standard "isthe moving party's diligence in attempting to meet the case management order's requirements."). The Second Circuit has statedthat while the "primary consideration," in determining whether the movingpartyhas demonstrated good cause for an amendment under Rule 16(b) "is whether the moving party can demonstrate diligence [,].

..[t]he district court, in the exercise ofits discretion under Rule 16(b), also may consider other relevant factors, including, inparticular, whether allowing the amendment ofthe pleading atthis stage ofthe litigation will prejudice [the nonmoving party]." Kassner v. 2nd Avenue Delicatessen Inc., 496 F.3d 229, 244 (2d Cir. 2007). 11) Inthe event that a motion for surmnaryjudgment is allowed at this late date the Respondent would likely have to engage in depositions in order to testthe opinions and factual scenarios set forth inthe motion that, to date, were not necessary. Provided the Respondent receives complete discovery responses from the Administrator in the near future, Respondentwill be able to comply with all further dictates ofthis Court's Rule 16 Order. Wherefore, Respondentrespectfully requests thatthis Court: 1) Denythe Administrator's motion to extend the Rule 16 Order to allow for the filing ofa dispositive motion.

41Page2) Compel the Administratorto provide complete and forthright responses and answers to the Respondent's discovery requests by September 1, 2015. Respectfully submitted, BARNETT & BORTH, LLC Dated: August 24, 2015


# -----------·

**/~L~/** C.-



## -~~- Paul R. Borth Counsel for Respondent, Birmingham Flight Center, Inc. Barnett & Borth, LLC 800Waukegan Road Suite 200 Glenview, IL 60025 Tel. (847) 724-5520 Fax (815) 356-7042 prb@barnettlegal.com



## 5I PageCERTIFICATE OF SERVICE I hereby certify that I have this date faxed, emailed and/or served byFed-Ex the foregoing RESPONDENT'S RESPONSE TO ADMINISTRATOR'S MOTION TO AMEND THE COURT'S RULE 16 SCHEDULING ORDER addressedto: Judge J.E. Sullivan U.S. Administrative Law Judge Office ofHearings, M-20 U.S. Department ofTransportation 1200 New Jersey Avenue, S.E. (Ell-310) Washington, DC 20590 Service by FAX: 202-366-7536 Federal Aviation Administration 800 Independence Avenue, S.W. Washington, DC 20591 Attention: Hearing Docket Clerk. AGC-430 Service by Fed-Ex Christopher Stevenson Complainant's Counsel Federal Aviation Administration Office ofthe Regional Counsel, AS0-7 Southern Region 1701 Columbia Avenue College Park, GA 30337 TEL: 404-305-5200 FAX: 404-305-5223 Service via e-mail: chris.stevenson@faa.gov

Paul R. Borth Counsel for Respondent Barnett & Borth, LLC 800WaukeganRoad Suite 200 Glenview, IL 60025 Tel. (847) 724-5520 Fax (815) 356-7042 prb@barnettlegal.com

61PageIn The Matter Of: U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARTNGS

WASHINGTOND.C.

DocketNo.: FAA-2014-0867 FEDERAL AVIATION ADMINISTRATION ) ) ) ) ) ) ) ) ) Case No.: 2012S0090053 Complainant, Judge J.E. Sullivan

v. BIRMINGHAM FLIGHT CENTER, TNC. ) Respondent. ) ) JOINT PROPOSED SCHEDULING AND DISCOVERYPLAN Pursuant to Rule 26(f), Fed. R. Civ. P., andthis Court's Order ofJanuary 6, 2015, Respondent's counsel, Paul R. Borth, and FAA counsel, DeitrickH. Johnson, conferred on the contents ofthis proposed discovery plan. Pre-Discovery Disclosures. 1 

### April15, 2015 The parties will exchange the information required by Fed. R. Civ. P. 26(a)(l). DiscoveryPlan. The partiesjointly propose to the Courtthe following discoveryplan: Discovery will be needed on the following subjects: 1) Complainant's complaint allegations, defenses that maybecome applicable during discovery; 2) All other issues raised by the pleadings; 3) Any expert disclosures; 4) All othermatters thatwill reasonably lead to the discovery ofadmissible evidence. 

### April15, 2015 The parties shall both propound written discovery. 

### May 15,2015 The parties shall exchange answers/responses to written discovery. EXHIBIT

1 The parties agree to service of all documents exclusively by e-mail. AJune 1, 2015 July 31, 2015 August 15, 2015 The parties shall issue subpoenas and/or mutually arrange for depositions orwitnesses and experts as maybe necessary. All written discovery and depositions shall be completed. All motions in limine shall be filed. Unless by subsequent agreement ofthe parties or leave ofCourt, the parties agree as follows: Each party shall be limitedto 30 interrogatories (including subparts), 30 requests for admission, and 30 requests for production ofdocuments. Supplementations ofreports or information shall be made by all parties reasonably as they become aware that information previously disclosed is incomplete or incorrect, and in any event, not later than the end ofthe discoveryperiod and again thirty (30) days before the beginning ofthe session ofCourt atwhich the case is set for hearing, in conjunction with the other disclosures required byRule 26(a)(3). Undersigned counsel have discussed discovery procedures that minimize the risk ofwaiver ofprivilege orwork-product protection, including procedures for asserting privilege claims after production. This case should be ready for hearing on orbyAugust 31, 2015. The hearing is expectedto take approximatelytwo (2) days. The parties request a pre-trial conference be scheduled approximately one weekprior to the Court's hearing date to discuss any outstanding issues and rulings onmotions in limine. Respectfully submitted, this the 20th day ofMarch, 2015. 

### Is/ Deitrick H. Johnson Complainant's Counsel Federal Aviation Administration Office ofthe Regional Counsel, AS0-7 Southern Region 1701 Columbia Avenue College Park, GA 30337 TEL: 404-305-5200 FAX: 404-305-5223 

### Is/ Paul

### R. Borth Respondent's Counsel Barnett & Borth, 

### LLC 800 Waukegan Road Suite 200 Glenview, 

### TL 60025 TEL: 847-809-9520 FAX: 815-356-7042CERTIFICATE OF SERVICE I hereby certify that I have served tbe foregoing JOTNT PROPOSED SCHEDULTNG AND DISCOVERY PLAN on this date, March 20,2015 addressed to: Judge J.E. Sullivan U.S. Administrative LawJudge Office ofHearings, M-20 U.S. Department ofTransportation 1200 New Jersey Avenue, S.E. (Ellc31 0) Washington, DC 20590 VIA FAX: 202-366-7536 Federal Aviation Administration (Service byMail) 800 Independence Avenue, S.W. Washington, DC 20591 Attention: Hearing Docket Clerk. AGC-430 Deitrick

### H. Johnson Complainant's Counsel Federal Aviation Administration Office ofthe Regional Counsel, AS0-7 SouthernRegion 1701 Columbia Avenue College Park, GA 30337 VIA FAX: 404-305-5223 and E-mail**fll';l.\Ils,:k,hjQI:!.l:!!illli.!f!lliJ;~~** Dated: March 20, 2015 

# (**:~:=--?~2J~~.::d·j** Paul R. Borth Counsel for Respondent Barnett & Borth, LLC 800Wankegan Road Suite 200 Glenview, IL 60025 Tel. (847) 724-5520 Fax (815) 356-7042

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ln The Matter Of: BIRMINGHAM FLIGHT CENTER Respondent 

## SERVED: APRIL 7, 2015

U.S. DEPARTMENT OF TRANSPORTA TlON OFFICE OF HEARINGS WASHINGTON, DC ) 

### ) ) ) ) ) 

### Docket No. 

### F'AA-2014-0867

Case No. 

## 2012S0090053

ORDER SETTING LITIGATION DATES AND PROCEDURES

On January 6, 2015. an Order Setting Rule 

## 16 Litigation Scheduling Conference and Directing Rule 26(1) Planning and submission was filed. On March 20, 2015, the parties filed aJoint Pt•oposed Scheduling and Discovery Plan. On Apri17. 2015, the parties appeared by telephone for the Rule 16 Litigation Scheduling ConfcrQnQe, and

**dis;ctiS~~rl** 

### theirdiscovery plan. calendaravailability. hearing dates. and otht:r litigation procedural matters. Pursuantto 14 C.F.R. § 

### 13.205(a)(1). (6) and (7). Civ. R. 16. 14 C.F.R. § 

### 13.217, and 14 C.F.R. § 

### 13.220. and after reviewing all relevant caselaw. regulation. statutory authority. and being fully

**advised~**



### IT IS HEREBY ORDERED: A. 

### The litigation dates. discovet'Y procedwes. and hearing dates are hereby set as follows:

I. 

### Aprill7,2015: Deadline ror Initial Disclosures. To o.:nsure that the parties have sufficienttime to address all issues in dispute. on or before April17, 2015 the parties shall serve each other with initial disclosures (as described in Civ. 

### R. 26(a)(l)(A)(i). (ii). and (iii)) 

### without waiting for aspecific discovery request. 2. On orbefore April20,2015:

**Gencr;~l** 

### Discovery Initiated. Pmsuant to 14 C.F.R. §

### 13.220(a). the parties may immediately begin conducting gt:net-al discovery. In orderto ensure full use ofthe discovery time allotted in this case, the parties shall begin exchanging or serving general discovery requests on or before April20, 2015. pursuant to 14 C.F.R. §

### 13.220 (b). (c). (d) and (e). General discovery includes, but is not limited to: notices ofdeposition: requests for production ofdocume11ts; propounding interrog<ltories: requests for admission: etc. EXHIBIT E 

### j B 

## j

**----~**

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3. Service ofInterrogatories. Pursuantto 

### 14 C.F.R.

# s13.220(k)(l), aparty shall not serve
more than thirty (30) interrogatories upon each other. Each subpart ofan interrogatory shall be counted as a separate interrogatory.

a. **Obj~ction(s}** 

### to Interrogatories. Pursuant to 14 C.P.R.§ 

## 13.220(k}. any objection in response to an interrogatory must include the reason(s) supporting the objection. 4. Motions to Limit Discovery upon ReceiptofDiscovery Request: Aparty served with a discovery requestwho seeks to limitdiscovery pursuant to 14 C.F.R.

**~** 

## 13.220{1). (g). and (h). shall tile aMotion for Reliel"within ten (10) days after se1·vice ofthe disputed discovery request.

a. Good FaithDeclaration Included: The Motion should include adeclaration by the moving party. confirming thatthe movant has already conferrlld or attempted to confer in good faith with the opposing party regarding the disputed discovery or disclosure, to try and resolve

**th~:** 

### mattet· informally. prior to seeking court rdict:

b. Copy ofDisputed Discovery: Pursuantto 14 C.F.R. § 

### 13.220(b), only acopy of the disputed discovery, in support ofthe motion, should be 

### attached to the Motion

or the Response.

c. Response to Motipn to 

### Limit Discovcrv: AtlY Response to

**th~** 

### Motion should be filed no later than ten (10) days atler service ofthe Motion.
5. Motions to Compel Discovery: Aparty seekiog to compel discovery must !ileaMotio11 to Compel within ten (10) days after service ofadeficientresponse or after the response to the discovery is due. whichever occms first.

a. PJ"Ocedure for Motion: Any Motion and/or Response to Compel Discovery shall be filed in the same manneras directed above for Motions to Limit Discovery (paragraph 4and 4 (a)-(c)). 6. Retnincd/Hired orEmployee ExpertWitness Disclosures. Ifa party retains orhires a witness to provide expt:rt testimony, or aparty
**int~:nds** 

### to utilize the testimony ol'an employee to give expert t<)stimony- then the party intending to otl'er

**s~tch** 

### witness shall disclose this retained or employee expertwitness to the opposing side pm·suantto the timeline below. The expert witness disclosure shall include the name ofthe witness. the witness's expertresume or qualifications. and the witness's written report or statement of opinion (including disclosure

# orthe basis ofthat opinion). a) FAA Expert Disclosure Deadline:

**M>~y** 

### 15,2015. b) Respondent Expett Disclosure Deadline: May 29, 2015. c) E.xpert Rebuttal Reports Deadline: ,June 12, 2015.

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7. Duty to Supplement or Amend Discovery: P11rsuant to 14 C.F.R. § 13.220(i). aparty who has responded to adiscovery request in this case has a duty to supplement or amend the response throughoutthe litigationperiod, as soon as the information is known.
8. June 19,2015: Deadline for Issuing Subpoenas/Arranging for Depositions. On or before June 19, 2015. the parties shall issue subpoenas and/or mutually arrange for depositions ol'witnesses and experts as may be

**n~cessary.** 

### 9. August 21, 2015: Deadline for Completing Genernl Discovery. On or before August 21, 2015, the parties shall finish responding and serving answers to all general discovery requests pursuant to 14 C.F.R. § 

### 13.220. This includes the taking offact witness and expert witness depositions, pursuant to 14 C.F.R.

# * 13.220lj). 10. September 18,2015: List ofWitncsses/Jo;Jtchange ofEshlblts. 011ur

**u"lv··~** 

### September 18, 2015, the parties will serve and file. the following: a) Alist ofthe witnesses the party intends to call: b) Ashort statement ofthe testimony expected from each such witness: c) The resume or statement ofqualifications ofeach witness who will be offered as an expert: d) The documents the party intends to offer in evidence (pre•marked as noted in paragraph£, 

### inji·Cl); and e) 

### An index cover sheet with abriefdescription ofeach document. 11. October 16, 2015: Written

**Stipulation..~** 

### nnd/or Agreed Motions ill 

### Limine. 

### On or before October 16, 2015. the parties shall file ""Y written

**~tip11lations** 

### that na•·row the factual or legal issues, and/or that arc agreed Motio11s 

### in Limine. 12. Telephone Pre-Hearing Conference: October 28,2015 (10:00 a.m.-11:00 a.m. ET). The patties shall convene by telephone for a Pre-Hearing Conference on October 28, 2015 (10:00 a.m.-11 :00 ,\.m. ET) to discuss any outst.1ndlng issues a11d disp11ted motions 

### in/imine. 13. November 18, 2015 and November 19,2015: HearingDates. Based on the patties' agreement. the Hearing will take two (2) days or less. The Hea•·ing will begin on November 18,2015 (9:00 a.m•5:00 p.m. ET) in the Birmingham. AL area. The Hearing will continue 011 

### November 19,2015 (9:00 "·m-5:00 p.m. ET) and conclude by

**th~** 

### end ofthat same day (5:00 p.m. EST). The specilie loc.;ation of

**th~** 

### Heal'ing will be provided to the

**parti~s** 

### prior to the Hearing.

B. Discov.:ry Requests and Exchanges: Discovery •·equests and exchanges need not be tiled with the Ol'l'ict: ofl·learings,

**cx~eptas** 

### part ofarnotion regarding limited

**dis~•wery.** 

### disputed discovery. or as part oru motion to compel discovery.

**P~ge** 3of5

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C. 

### Failure to Move for Timely Relief/Late Service ofDiscowry: The failure to timely respond to discovery requests. and/orto timely move for relief regarding discovery disputes during the discovery

**p~:riod.** 

### may result in a tinding that the party has. through its actions, waived its rightto relief. Late service ofdiscovery requests may also be grounds for denial ofa motion to 

### compel compliance with such requests. D. Scheduling Motion or Pre-Heal'ing Conferences on the Judge's Calt:ndar: Prior to the Hearing date(s). ifaparty wishes to schedule oral argument on any motion, or set up any type ofpre·hearing telephone conference on the Judge's calendar. the party shall first confer with opposing counsel about mutually agreeable alternate dates. The movant

**sh~ll** 

### next comactMr. Cuo.ly L. 

### Smith, Attorncy-Advieor, at the Office

**ofH,~rincs** 

### (202-366-6941)
as soot1 as possible, with at least three (3) mutually-agreed. proposed alternate dates/times for the Judge's considel'ation. E. Exhibits Brought to the Hearing: Each party must bring to the Hearing at least three copies ofany documents it intends to offer in evidence as exhibits (two for the Judge and one for the court reporter). The exhibits must have nn index coversheet, lind should be pre-marked. Complainant's exhibits should be marked "C-1." "C·2." "C·3," etc. Respondent's exhibits should be marked

..R-1," R-2," "R-3." etc. F. Examination Process at the Hearing: At the Hearing. there will be the opportunity for direct examination, cross-examination. and t'Cdirect examination ofeach witness. Only one representative ofaparty may direct or cross•examinea witness on beha11'ofthat party. Pursuant to 14 C.F.R. §13.:l05 and 14 C.F.R. §

### 13.222, the Federal Rules ofEvidence may be utilized as helpful guidance in determining the admission ofevidence. G. Attorney Withdrawal: Pursuant to 14 C.F.R.

**~** 

### 13.218, an attorney who wishes to withdraw from representing aparty must file aMotion to Withdraw. h1 

### this Motion. the attorney shall confirm the following:
1. 

### The date the Responde11t was served with written notice ofthe attorney's inwnt to withdraw; 2. The name ofthe designated agent/lay representative ifthe Respondent in the action is
a business entity: 3. The current business address. telephone number. and fax numbet· ol'the Respondent and ofits designated agent; 4. Astatement that the Respondent has been noti'fied in writing ofthe pending hearing dates in this litigation. as well as the pending pre-hearing discovery deadlines and telephone conferences; and 5. Astatement that the Respondent has been provided acopy ofall Orders issued in this litigation. as well as any other legal documents to which the R.:spondent is entitled.

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1-1. Court Filing ofE:<hibits with the Hearing Docket: All Exhibits that the parties have moved for admission during the Hearing will be anached to the court transcript and filed by the court reporter. I. 

### Requests for Modification ofthis Order: Any 1-equests for modification ofthe litigation dates and procedures set forth in this Order should be made by written Motion. The parties may also file an agreed written request. .I, 

### Clarification Ol' 

### Questions: Forclarifications ofthis order orquestions with regard to the procedlu·es to

### be followed in this case. please contact Mr. Cody L. 

### Smith. Attorney-Advisor. at the Oflice ofHearings (202-366-6941).

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DocketNo. FAA-20\4-0867 (Civil Penalty Action) SERVICE LIST- BY U.S. MAIL ORIGINAL & 

### ONE COPY 

### Federal Aviation Administration 800 Independence Avenue. S.W. Washington, DC 2059) Attention: Hearing Docket Clerk. AGC-430 Wilbur Wright Building-Suite 2W1000 1 

### ONE COPY 

### Mr. Deitrick H. Johnson 

### Comp!Ciinant's Coum;d Federal Aviation Administration 01'11ce ofthe Regional Counsel. AS0-7 Southern Rt'gion 1701 Columbia Avenue College Park. GA 30337 TEL: 404-305-5200 FAX: 404-305-5223 Mr. Charles R. Barnett 

### Respondenf's Counsel Bamett &. 

### Borth, LLC 800 Waukegan Road. Suite 200 Glenview. IL

**DUU:L~-4387** 

### TEL: 

### 847-724-5520 FAX: 

### 815-356-7042 .Judge 

### J.E. Sullivan 

### U.S.

**Administrllliv~** 

### LawJudge 0111ce ofHearings. M-20 U.S. Department oi'Tt'aJlspoltation 1200 New .Jersey Avenue. S.E. (E11·310) Washington, DC 20590 TEL: 202-366-6941 FAX: 202-366-7536 Birmingham Flight Center. Inc.

**Re~1JOn,/ent** 

### 4243 East Lake Blvd. Binningham. AL 35217

'Service was by U.S. Mail, For service in person or by e'pcdited courier, use the following address: Federal Aviotion Administration. 600 Independence Avenue. S.W

.. Wilbu•· Wright Building-Suite 2W1000, Washington, DC

**20~91:** Attention: Hea,•ing

**Doc~et** Cle<·k, AGC-430.U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS, WASlllNGTON, DC MICHAEL P. HUERTA, Administrator Federal Aviation Administration Complainant 

### v. ) ) ) ) ) ) BIRMINGHAM FLIGHT CENTER, INC. ) Respondent. ) ) DocketNo. FAA-201 4-0867 Judge J.E. Sullivan FAA Case No, 2012S0090053

RESPONDENT'S INITIAL RULE 26 DISCLOSURES Respondent, by his attorneys, Barnett & Borth, LLC., herebyprovides the following disclosure pursuantto Rule 26 ofthe Federal Rules ofCivil Procedure: (I)(A) Initial Disclosure. (i) Individuals likelyto have discoverable information: I) Steven Pickett CEO Birmingham Flight Center

Mr. Pickett will provide testimony respecting all FAA allegations contained in the Administrator's Compliant for which he has personal knowledge. Inaddition his testimony is expected to include, but will notbe limited to, all facts and circumstances surrounding the subject demonstration flight, his occupations, the operation and history ofthe Birmingham Flight Center, his duties as CEO ofthe Birmingham Flight Center, his work history and work record including the tasks that he performed orperforms, his work and employment record, his impressions respecting the records disclosed bythe Administrator, his education, training and experience his relationship to the otherwitnesses in the case, his understanding ofthe purpose of the subject flight, his explanations for answers provided in adverse or cross examination. He will also provide foundation for Respondent's exhibits. 2) Shawn Stacy Flowers PTC Birmingham Flight Center EXHIBIT 

## c

Mr. Flowers will provide testimony respecting all FAA allegations contained in the Administrator's Compliant for which he has personal knowledge. In addition his testimony is expected to include, but will notbe limited to, all facts and circumstances surrounding the subject demonstration flight, his occupations, work history and workrecord including the tasks thathe performed or performs, his work and employment record, his impressions respecting the liPagerecords disclosedbythe Administrator, his education, training and experience his relationship to the other witnesses in the case, his conversations with Dr. Long, his planning ofthe subject demonstration flight, his understanding ofthe purpose ofthe subject demonstration flight, his explanations for answers provided in adverse or cross examination. He will also provide foundation for Respondent's exhibits. 3) JustinMatthewLollar Copilot/instructor Birmingham Flight Center

Mr. Lollarwill provide testimony respecting all FAA allegations contained inthe Administrator's Compliant for which he has personal knowledge. In addition his testimonyis expected to include, butwill notbe limitedto, all facts and circumstances surrounding the subject demonstration flight, his occupations, work history andworkrecord including the tasks thathe performed orperforms, his work and employmentrecord, his impressions respecting the records disclosed bythe Administrator, his education, training and experience his relationship to the other witnesses in the case, his conversations with Dr. Long, his planning ofthe subject demonstration flight, his understanding ofthe purpose ofthe subject demonstration flight, his explanations for answers provided in adverse or cross examination. He will also provide foundation for Respondent's exhibits. 4) Sandi Pickett Owner, Birmingham Flight Center Ms. Pickettwill provide testimony respecting all FAA allegations contained in the Administrator's Compliant for which she has personal knowledge. In addition hertestimony is expected to include, butwill not be limitedto, all facts and circumstances surrounding the subject demonstration flight, her occupations, the operation and history ofthe Birmingham Flight Center, her duties with BirminghamFlight Center, herwork history and work record including the tasks that he performed orperforms, herwork and employment record, her impressions respecting the records disclosed by the Administrator, her education, training and experience, her relationship to the otherwitnesses in the case, her understanding ofthe purpose ofthe subject flight, her explanations for answers provided in adverse or cross examination. She will also provide foundation for Respondent's exhibits. 5) YanceyRushton FAA Contact address currently unknown, investigation continues Mr. Rushton is expected to testify concerning his background, training and experience, his various business ventures, his experience as an FAA investigator, all aspects ofthe investigation he performed related to this case, all impressions and opinions that he made coincidentwith his investigation. He is expectedto provide the foundation for the documents that he generated during his investigation. Investigation continues.

21Page6) Pat Bruce (Operations Supervisor) FAA Contact address currently unknown, investigation continues Mr. Bruce is expected to testify concerninghis background, training and experience, his various business ventures, his experience as an FAA supervisor, all aspects ofthe investigation he performed related to this case, all impressions and opinions that he made coincident with his investigation. He is expected to provide the foundation for the documentsthathe generated during his investigation. Investigation continues. 7) Clay Perkins FAA Inspector Contact address currently unknown, investigation continues Mr. Perkins is expectedto testify concerning his background, training and experience, his various business ventures, his experience as an FAA inspector, all aspects ofthe investigation he performed related to this case, all impressions and opinions thathemade coincident with his investigation. He is expectedtoprovide the foundation for the documents that he generated during his investigation. Investigation continues. 8) David Hargett FAA Inspector Contact address currently unknown, investigation continues Mr. Hargett is expected to testify concerning his background, training and experience, his various business ventures, his experience as an FAA inspector, all aspects ofthe investigation he performed related to this case, all impressions and opinions thathe made coincidentwith his investigation. He is expectedto provide the foundation for the documents that he generated during his investigation. Investigation continues. 9) BobKent Director ofOperations, Aviation Services Group Mr. Kent will provide testimony respecting all FAA allegations contained inthe Administrator's Compliant for whichhe has personal knowledge. In addition his testimonyis expected to include, but will notbe limitedto, all facts and circumstances surrounding the subject demonstration flight, his occupations, the operation and history Aviation Service Group, his duties as director ofoperations ofAviation Services Group, his work history and work record including the tasks that he performed orperforms, his work and employmentrecord, his impressions respecting the records disclosed bythe Administrator, his education, training and experience, his relationship to the other witnesses in the case, his understanding ofthe purpose of the subject flight, his explanations for answers provided in adverse or cross examination. He will also provide foundation for Respondent's exhibits.

3IPage10) Rhonda Masters Scheduler/Dispatcher Aviation Services Group Ms. Masters will provide testimonyrespecting all FAA allegations contained in the Administrator's Compliant for which she has personal knowledge. In addition hertestimony is expected to include, but will notbe limited to, all facts and circumstances surrounding the subject demonstration flight, her occupations, the operation and historyAviation Service Group, her duties as scheduler/dispatcher ofAviation Services Group, her workhistory and work record including the tasks that he performed orperforms, her work and employmentrecord, her impressions respecting the records disclosed bythe Administrator, her education, training and experience, her relationship to the otherwitnesses in the case, her understanding ofthe purpose ofthe subject flight, her explanations for answers provided in direct examination. She may also provide foundation for Respondent's exhibits. 11) Dr. Alan Long Passenger Contact address currently unknown, investigation continues Dr. Long will provide testimonyrespecting all FAA allegations contained inthe Administrator's Compliant for which he has personal knowledge. In addition his testimony is expected to include, butwill notbelimited to, all facts and circumstances surrounding the subject demonstration flight, his occupations, his relationships withAviation Service Group and BirminghamFlight Center, his history ofownership andpursuits regarding the purchase of airplanes, his work history all aspects ofthe subject flight including the planning and postflight communications with otherwitnesses in the case, his impressions respecting the records disclosed by the Administrator, his relationship to the otherwitnesses in the case, his understanding ofthe purpose ofthe subject flight, his explanations for answers provided in adverse or cross examination. He will also provide foundation for Respondent's exhibits. 12) Mr. Steve Allen Premier Group, AircraftBroker Mr. Allenwill provide testimony respecting all FAA allegations contained in the Administrator's Compliant for which he has personal knowledge. In addition his testimonyis expected to include, but will not be limitedto, all facts and circumstances surrounding the subject demonstration flight, his occupations, his relationships with Aviation Service Group, BirminghamFlight Center and Dr. Long, his history ofownership and pursuits regarding the purchase ofairplanes, his work history all aspects ofthe subject flight including theplanning and postflight communications with otherwitnesses in the case, his impressions respectingthe records disclosed bythe Administrator, his relationship to the otherwitnesses in the case, his understanding ofthe purpose ofthe subject flight, his explanations for answers provided in adverse or cross examination. Hewill also provide foundation for Respondent's exhibits.

41Page13) Miscellaneous other witnesses: Dueto the redactions in the ETR disclosed bythe Administrator, many names ofpotential witnesses have been redacted. As such, at this time, Respondent is unaware ofthe names and addresses offurther witnesses who may possess discoverable information concerning this case. Respondenthas requested the identities ofsuch individuals inInterrogatories propounded on the Administrator. Investigation continues. (ii) Description ofall documents andtangible things that Respondenthas in his possession: Atthis time, the Respondent is in possession ofall pleadings and discovery documents exchanged bythe parties. In addition, Respondent is inpossession ofthe ETR disclosed by Administrator. Respondent is not in possession ofany further documents for which Rule 26 requires initial disclosure at this time. Investigation continues. (iii) Computation ofdamages: Does not apply. (iv) Insurance agreements: Does not apply. (2) Disclosure ofExpert Testimony. Respondent has notyet retained experts to testify at the hearing ofthis matter but specifically reserves the right to do so shouldthe need arise based on the discovery responses of the Administrator. BARNETT & BORTH, LLC Dated: A_priLl.fi, 2015 

# (

**::~~:;;~;:?';::::;7** Paul R. Borth Counsel for Respondent Barnett & Borth, LLC 800Waukegan Road Suite 200 Glenview, IL 60025 Tel. (847) 724-5520 Fax (815) 356-7042 prb@barnettlegal.com

SIPageCERTIFICATE OF SERVICE I hereby certify that I have this date faxed and emailed the foregoing RESPONDENT'S INITIAL RULE 26 DISCLOSURES addressed to: Judge J.E. Sullivan U.S. Administrative Law Judge Office ofHearings, M-20 U.S. Department ofTransportation 1200 NewJersey Avenue, S.E. (Ell-310) Washington, DC 20590 VIAFAX: 202-366-7536 Deitrick H. Johnson Complainant's Counsel Federal Aviation Administration Office ofthe Regional Counsel, AS0-7 Southern Region 1701 ColumbiaAvenue College Park, GA 30337 TEL: 404-305-5200 FAX: 404-305-5223 Service via: deltrick.h.johnson@faa.gov Dated: April 16, 2015



# (**:==~~~:;:s_::o** Paul R. Borth Counsel for Respondent Barnett & Borth, LLC 800WaukeganRoad Suite 200 Glenview, IL 60025 Tel. (847) 724-5520 Fax (815) 356-7042 prb@barnettlegal.comU.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS, WASHINGTON, DC MICHAEL P. HUERTA, Administrator Federal Aviation Administration Complainant v. ) ) ) ) ) 

### ) BIRMINGHAMFLIGHT CENTER, INC. ) Respondent. ) ) DocketNo. FAA-201 4-0867 Judge J.E. Sullivan FAA Case No, 2012S0090053

RESPONDENT'S INTERROGATORIES DIRECTED TO COMPLAINANT Respondent, Birmingham Flight Center, by its attorneys, Barnett & Borth, LLC., hereby requests thatthe Administrator provide the following discovery answers within (30) days, in accordance with Section 821.19 oftheRules ofPractice in Air Safety Proceedings and Rules 33 and 34 ofthe Federal Rules ofCivil Procedure: PLEASENOTE THE FOLLOWING SPECIAL INSTRUCTIONS AND DEFINITIONS: A. 

### T n answering these interrogatories, Complainant shall include all information known to them, their attorneys, agents, servants, employees, representatives, private investigators and all others who are in possession ofor who may have obtained information for or on its behalf. B. A request to "Name" or "Identify" aperson is deemed to require the person's full name, lastknown address, telephone number,job title, employer and employer's business address. Ifthejobtitle, etc., are set out in another answer, their repetition is unnecessary. C. The term "document" as used in these interrogatories means anybook, pamphlet, periodical, letter, report, memorandum, e-mail transmission, notation, message, record, study, workingpaper, chart, graph, index, tape, minutes, contract, lease, invoice, record ofpurchase or sale, correspondence, telegram, cable, electronic or other transcription or taping oftelephone or personal conversations or conference, and any and all other written, printed, typed, punched, taped, filmed or graphic matter, however roduced or reproduced. EXHIBIT INTERROGATORIES: D I. Identify eachperson who signed, prepared, participated in thepreparation ofthe answers to these interrogatories.

liPagc

### 2. Identify all persons who mayhave or claims to have knowledge ofthe events giving rise to this complaint or related events occurring thereafter? If

### so, please state the general substance ofhis or her knowledge. 3. Was an investigation conducted ofany portion ofthe Complainant's claims? Ifso, state for each such investigation; a) The identity oftheperson who conducted it; b) The identity ofthe personwho requested the investigation to be made; c) The date on which the investigation was conducted; d) The places where the investigation was conducted; and e) The identity ofeach person nowhaving custody ofany written report or document made concerning the investigation. 4. State whether any witoess orthe Respondent made any oral statement to you or anyone else concerning the factual basis ofthis complaint. Ifso, as to each such statement: a) Identify the person who made the statement, b) Whether or notthe statement is in written form, c) Identifythe person spoken to, d) Identifywhen and where the statement was made, and e) Identifythe individual(s) who is se custody each such written statement. 5. Identify all individuals whomthe Administrator relies to support his Complaint that the Respondent violatedthe Federal Aviation Regulations as charged in the Complaint. 6. Identify each and everyperson known or believed byyou to have any knowledge ofrelevant facts including, butnot limited to, those persons withknowledge concerning the allegations concerningthe incident(s) in question and/or the allegations contained in the Complaint. 7. Identify all witoess(es) whom you expectto call to give testimony in this matter, andprovide the substance ofthe facts and/or opinions to which he or she is expected to testify. 8. Please describe, in detail, each document ortangible evidence relied upon to supportthe Administrator's claim that Respondent violatedthe Federal Aviation Regulations as charged in the Complaint, and identifythe person having custody ofeach such document or tangible evidence. 9. Identify and describe in detail, all documents or tangible evidence thatyou intend to present at the hearing ofthis matter including the identity ofthe person(s) who will be called upon to lay the foundation for such documents ortangible evidence. 10. Identify and describe in detail, all documents ortangible evidence that you contend are self-authenticating, are consideredjudicial admissions, for which 2JPageComplainant will seekjudicial notice, or otherwise do notrequire foundation at the hearing ofthis matter. 11. Identify all FAA Letters ofInterpretation, NTSB Orders and case lawthat you intend to relyupon or cite at the hearing ofthis matter. Demandto Supplement: Pursuantto Federal Rules, the party answering these interrogatories is hereby requested to seasonably supplement or amend any prior answer orresponse whenevernew or additional information subsequently becomes knownto that party or the party's attorneys or agents. Respectfully submitted, BARNETT & BORTH, LLC

Dated: April20, 2015

Paul R. Borth Counsel for Respondent Barnett & Borth, LLC 800Waukegan Road Suite 200 Glenview, IL 60025 Tel. (847) 724-5520 Fax (815) 356-7042 prb@barnettlegal.com

3IPageCERTIFICATE OF SERVICE I hereby certify that I have this date faxed and emailed the foregoing RESPONDENT'S INTERROGATORIES DIRECTED TO COMPLAINANT addressed to: Judge J .E. Sullivan U.S. Administrative Law Judge Office ofHearings, M-20 U.S. Department ofTransportation 1200 New Jersey Avenue, S.E. (Ell-310) Washington, DC 20590 VIA FAX: 202-366-7536 Deitrick H. Johnson Complainant 's Counsel Federal AviationAdministration Office ofthe Regional Counsel, AS0-7 Southern Region 1701 ColumbiaAvenue College Park, GA 30337 TEL: 404-305-5200 FAX: 404-305-5223 Service via: deltrick.h.johnson@faa.gov Dated: April20, 2015

# c::==/~~~:;:;:;F Paul R. Borth Counsel for Respondent Barnett & Borth, LLC 800Waukegan Road Suite 200 Glenview, 1L 60025 Tel. (847) 724-5520 Fax (815) 356-7042 prb@barnettlegal.com



### 41PageU.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS, WASHINGTON, DC MICHAEL P. HUERTA, Administrator Federal Aviation Administration Complainant 

### v. ) ) ) ) ) ) BIRMINGHAMFLIGHT CENTER, lNC. ) Respondent. ) ) Docket No. FAA-2014-0867 Judge J .E. Sullivan FAA Case No, 2012S0090053

RESPONDENT'S REQUESTS FORPRODUCTION OF DOCUMENTS Respondent, BIRMINGHAMFLIGHT CENTER, by its attorneys, Barnett & Borth, LLC., hereby requests thatthe Administrator provide the responses to the following requests for production within (30) days, in accordance with Section 821.19 of theRules ofPractice inAir SafetyProceedings and Rule 34 ofthe Federal Rules ofCivil Procedure: PLEASENOTE THE FOLLOWING SPECIAL INSTRUCTIONS AND DEFINITIONS: A. Theterm "document" as used inthese Requests means any book, pamphlet, periodical, letter, report, memorandum, e-mail transmission, notation, message, record, study, working paper, chart, graph, index, tape, minutes, contract, lease, invoice, record ofpurchase or sale, correspondence, telegram, cable, electronic or other transcription or taping oftelephone orpersonal conversations or conferences, and any and all other written, printed, typed, punched, taped, filmed or graphic matter, however produced or reproduced. B. Theterm "subjectflight" as used in these Requests means the September 18, 2012, flight ofN525LP, a Cessna Citation Jet from Birmingham, Alabamato Destin, Florida. Request for Production ofDocuments: 1. All documents other than the previously disclosed EIRthat you intend to use at the hearing ofthis matter. 2. Complete copies ofall statements (oral, written, ortranscribed, signed or unsigned) byparties or witnessesto this matter, including butnot limited to individuals who: has or claims to have knowledge ofany ofthe facts specified inthe FinalNotice of Proposed Civil Penalty EXHIBIT l!Page E3. Complete copies ofall documents thatwere usedto support the allegations set forth in the Complaint. 4. Allrules, regulations, bylaws, guidelines ofanypublic authority, inspecting or reviewing authority or other private body, which you intend to use during the hearing of this matter. 5. A complete resume or Curriculum Vitae ofall experts and FAA witnesses that thatyou intend to call upon to give testimony orpresentevidence at thehearing ofthis matter. 6. Copies ofall articles, papers treatises, textbooks,journals, or other literature considered and/or reviewed by your experts and witnesses. 7. All written documents, materials, exhibits, diagrams, plats, photographs, records, films, and the like to beused by your experts and witnesses to prepare for testimony or create reports related to this matter. 8. All written material, exhibits, diagrams, photographs and the like to beused by your attorney's in questioning or impeaching the Respondent and/or Respondent's witnesses at the hearing ofthis matter. 9. All office or review notes, memos and all other documents generated by or on behalfofyour experts in conjunction withtheir involvement in this case. 10. Copies ofall documents thatwereprovided to your experts in this case. 11. Copies ofall correspondence by andbetween you and your experts in this case. 12. Copies ofall reports prepared byyour expertwitnesses. 13. All documents ofofficial orunofficial character for which youwill seek the Court to takejudicialnotice ofat the time oftrial. 14. All demonstrative and evidentiary exhibits you intendto use at the hearing ofthis matter. 15. Each and every document, record, report, writing memorandum, physical object and the like revealed orreferenced in Complainant's Answersto Interrogatories. 16. Complete copies ofall the validly adopted interpretations oflaws, and regulations that the Administrator carries out that the Complainant intends to use atthe hearing of this matter. 17. All documents that reference orrelate to Bob Kent ofPremier Group concerning the subject aircraft, N525LP. 2JPage18. All correspondence and e-mails sentto or sent from Dr. Alan Long related to the subject flight. 19. All correspondence and/or e-mails to-from Aviation Services Group concerning Dr. Alan Long and/or the subject flight. 20. All documents that demonstrate the storage ormaintenance ofDr. Alan Long's airplane. 21. All documents that refer to orrelate to any existing between Dr. Alan Long and Aviation Services Group. 22. All bills related to the subject flight. 23. All written agreements between Dr. Alan Long and the Respondent and its agents. 24. Complete and un-redacted reports ofall individuals who performed investigation in this matter. 25. All documents generated by Yancey Rushton, Pat Bruce, ClayPerkins, and David Hargett related to this case. 26. Copies ofall documents received through any subpoenas issued in this matter. 27. Allproofofpayment for payments made by Dr. Alan Longto the Respondent for the subject flight. Demandto Supplement: Pursuantto Federal Rules, the party responding to these Requests to Produce is hereby requested to seasonably supplement or amend any prior response and disclosure whenevernew or additional information subsequently becomes !mown to thatparty ortheparty's attorneys or agents. Respectfully submitted, BARNETT & BORTH, LLC Dated: April 20, 2015

Paul R. Borth Counsel for Respondent Barnett & Borth, LLC 800Waukegan Road, Suite 200 Glenview, IL 60025 Tel. (847) 724-5520 Fax (815) 356-7042 prb@barnettlegal.comCERTIFICATE OF SERVICE I hereby certifY thatThave this date faxed and emailed the foregoing RESPONDENT'S REQUESTS FOR PRODUCTION OF DOCUMENTS addressed to: Judge J.E. Sullivan U.S. Administrative Law Judge Office ofHearings, M-20 U.S. Department ofTransportation 1200 NewJersey Avenue, S.E. (Ell-310) Washington, DC 20590 VTA FAX: 202-366-7536 DeitrickH. Johnson Complainant 's Counsel Federal Aviation Administration Office ofthe Regional Counsel, AS0-7 Southern Region 1701 ColumbiaAvenue College Park, GA 30337 TEL: 404-305-5200 FAX: 404-305-5223 Service via: deltrick.h.johnson@faa.gov Dated: April20, 2015

Paul R. Borth Counsel for Respondent Barnett & Borth, LLC 800Waukegan Road Suite 200 Glenview, TL 60025 Tel. (847) 724-5520 Fax (815) 356-7042 prb@bamettlegal.com



### 41Page

### U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS, WASHINGTON, DC MICHAEL P. HUERTA, Administrator Federal Aviation Administration Complainant 

### v. ) ) ) ) ) ) 

### BIRMINGHAM FLJGHT CENTER, INC. ) Respondent. ) ) 

### DocketNo. FAA-201 4-0867 Judge J.E. Sullivan FAA Case No, 2012S0090053



### RESPONDENT'S EXPERT DISCOVERY DIRECTED TO COMPLAINANT Respondent, Birmingham Flight Center, by its attorneys, Barnett & 

### Borth, LLC., herebyrequests thatthe Administratorprovide the following discovery answers within (30) days, in accordance with Section 821.19 ofthe Rules ofPractice in Air Safety Proceedings and the Federal Rules ofCivil Procedure: INTERROGATORIES 1. Pursuantto Rule 26(b)(4)(A)(i), identify the names and addresses ofall expert witnesses who may be called upon to testify for you at the hearing ofthis matter. 2. Pursuant to Rule 26(b)(4)(A)(i), state: a) The subject matter on which each expert is expected to testify: b) The Substance ofthe facts and opinions to which each expert is expected to testify. c) A summary ofthe grounds for each opinion held by each expert: d) His orher qualifications, includingthe attachment ofhis or her Curriculum Vitae. 3. Withrespect to each expert witness who is expected to render testimony or opinions at the hearing ofthis matter, please state: (a) The date on which each expert was retained; (b) The name ofthe person, firm or entitywho retained the expert; (c) The date on whichthe substance ofeach expert's opinions were made knownto the person, firm or entity retaining such expert; (d) The date on which each expert completed his/her work in this case EXHIBIT l!Page F(e) The number offrequency oftimes withinthe pastfour (4) years that each expert has beenretained bythe complainant or complainant's attorneys to act as expert or opinionwitness; (f) The fmancial benefit derived by each expert from the case, referrals received by the defendant by each ofsaid experts within the last four (4) years from the complainant orcomplainant's attorneys including the present case; (g) Please state the name, author, publisher, page and date ofpublishing ofall articles,journals,tables, periodicals, medical literature, or other documents that the expert relies or mayrely upon in the formation ofeach opinion and/or conclusion. REQUEST FORPRODUCTION OF DOCUMENTS Pursuantto Rules 26(b)(3)(A) and (B) please provide copies ofthe following documents: I. All communications, e-mails, correspondence and the like between the Administrator and its expertwitnesses thatrelate to compensation for the expert's study ortestimony; 2. All communications, e-mails, correspondence and the like between the Administrator and its expert witnesses that relate to or identity facts ordatathatthe Administrator's attorney provided andthat the expert considered in forming the opinions to be expressed; 3. All communications, e-mails, correspondence and the like between the Administrator and its expert witnesses thatrelate to or identity assumptions that the Administrator's attorney provided andthatthe expert relied on in forming the opinions to be expressed. 4. All signed written reports notes and documents prepared by an expert witness retained or specially employedto provide expert testimony in this case and all witnesses whose duties as the party's employee regularly involve giving experttestimony. All reports must contain: (i) a complete statement ofall opinions the witness will express and the basis and reasons for them; (ii) the facts or data considered bythe witness in forming them; (iii) any exhibits thatwill be used to summarize or support them; (iv) the witness's qualifications, including a list ofall publications authored in the previous I0 years;

21Page(v) a list ofall other cases in which, duringthe previous 4 years, the witness testified as au expert attrial orby deposition; and (vi) a statement ofthe compensation to bepaid for the study and testimony in the case. 5. AII articles,journals, tables, periodicals, medical literature, or other documents that the expertrelies or mayrelyupon in the formation ofeach opinion and/or conclusion not already provided in response to request#4 above. 6. All demonstrative exhibits that the expert intends to use at his/her deposition, hearing ortrial. DEMAND TO SUPPLEMENT: Pursuantto Rule 26( e)(I)(B), ifatthe time ofyour answers to these Interrogatories and Requests for Production you have not retained an expertwitness or you give your experts additional materials after theyhave been deposed, you are expected to seasonably supplementyour answers to these Interrogatories pursuantto the Rules as set forth in Federal Rule 26. Respectfully submitted, Respectfully submitted, BARNETT & BORTH, LLC
Dated: April 20, 2015

Paul R. Borth Counsel for Respondent Barnett & Borth, LLC 800Waukegau Road Suite 200 Glenview, IL 60025 Tel. (847) 724-5520 Fax (815) 356-7042 prb@barnettlegal.com

31PageCERTIFICATE OF SERVICE I hereby certifY that I have this date faxed and emailed the foregoing RESPONDENT'S EXPERT DISCOVERY REQUESTS DIRECTED TO COMPLAINANT addressed to: Judge J.E. Sullivan U.S. Administrative Law Judge Office ofHearings, M-20 U.S. Department ofTransportation 1200 New Jersey Avenue, S.E. (Ell-310) Washington, DC 20590 VIA FAX: 202-366-7536 DeitrickH. Johnson Complainant 's Counsel Federal Aviation Administration Office ofthe Regional Counsel, AS0-7 Southern Region 1701 Columbia Avenue Co11ege Park, GA 30337 TEL: 404-305-5200 FAX: 404-305-5223 Service via: deltrick.h.johnson@faa.gov Dated: April 20, 2015

# (~~~i~~:d,:7 Paul R. Borth Counsel for Respondent Barnett & Borth, LLC 800Waukegan Road Suite 200 Glenview, IL 60025 Tel. (847) 724-5520 Fax (815) 356-7042 prb@barnettlegal.com

4IPageU.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS, WASHINGTON, DC MICHAEL P. HUERTA, Administrator Federal Aviation Administration Complainant 

### v. ) ) ) ) ) ) BIRMINGHAM FLIGHT CENTER, INC. ) Respondent. ) ) DocketNo. FAA-201 4-0867 Judge J.E. Sullivan FAA Case No, 2012S0090053

RESPONDENT'S ANSWERS TO COMPLAINANT'S FIRST SET OF INTERROGATORIES AND REQUESTS FORPRODUCTION Respondent, Birmingham Flight Center, byits attorneys, Barnett & Borth, LLC. hereby answers the Administrator's First Set ofinterrogatories as follows: InterrogatoryNo. 1 Identify each person you may call as a witness at a hearing onthis matter. Answer: Steven Pickett, CEO, BinninghamFlight Center Shawn StacyFlowers, PIC, Birmingham Flight Center Justin Matthew Lollar, Copilot/instructor, Birmingham Flight Center Sandi Pickett, Owner, Birmingham Flight Center Dr. Alan Long, Passenger, BE-58 owner Mr. Steve Allen, Premier Group, Aircraft Broker Respondentreserves the right to call and/or cross examine the FAA's witnesses involved in the investigation ofthis matter including butnot limited to: YanceyRushton Pat Bruce (Operations Supervisor) Clay Perkins InspectorDavid Hargett (Inspector) Mr. PatBruce (Rushton's Operations supervisor) Mr. Bob Kent, Director ofOperations, Aviation Services Group RhondaMasters, Scheduler/Dispatcher, Aviation Services Group InterrogatoryNo. 2 For each person identified in response to InterrogatoryNo. 1, state the subject matter upon which each is expectedto testify and summarize the substance ofthatperson's expectedtestimony. Answer: Steven Pickett, CEO, Birmingham Flight Center Mr. Pickett is expected to testify regarding his background, training and experience, his FAA credentials, his involvement inthe instant matter, his operation of the Birmingham Flight Center, his assignment ofpilots for the demonstration flight with Alan Long onN525LP, his understanding ofthe reputations and pilotcredentials ofthe pilots involved in the subject demonstration flight, his interactionwith Bob Kent and all witnesses involved in this matter, his understanding ofthe various e-mails, documents and correspondence respecting the FAA's investigation and EIR and all such documents related to the subject flight. He is expected totestify regarding his interaction with the Steve Allen, aircraft brokerwith Premier Group, regarding the subject aircraft and his understanding that Dr. Longwas interested in the purchase ofthe aircraft. He is expected to testifyregarding all aspects ofthe arrangements with Mr. Allen to perform the demonstration flight with Dr. Long. He is expectedto testify regarding all conversations held with his employees and all statements made with FAA inspectors and investigators. He is expectedto testify about all aspects ofthe demonstration flight with Alan Long, Dr. Long's flight training and Dr. Long's use and storage ofhis Baron aircraft. He is expectedto testify regarding his company's relationship with Aviation Services Group and its employees and directors. He is expected to provide testimony concerning the denials ofthe allegations contained in the Administrator's complaint. He is expectedto lay the foundation for all documents for which he has personal knowledge including those disclosedbythe parties during the discoveryphase ofthis case. Shawn StacyFlowers, PIC, Birmingham Flight Center Mr. Flowers is expected to testify regarding his background, training and experience, his FAA credentials, his involvement in the instantmatter, his demonstration flight withAlan Long on N525LP, his understanding ofthe reputations and pilot credentials ofthe pilots involved in the subject demonstration flight, his interaction with Bob Kent and all witnesses involved in this matter, his understanding ofthe various emails, documents and correspondence respecting the FAA's investigation and EIR and all such documents related to the subject flight. He is expected to testifyregarding his**2j~Page**interaction with the Steve Allen, aircraftbroker with Premier Group, regarding the subject aircraft and his understanding thatDr. Long was interested inthe purchase ofthe aircraft. He is expected to testifyregarding all aspects ofthe arrangements with Mr. Allen to perform the demonstration flight with Dr. Long. He is expected to testify regarding all conversations heldwithhis employees and all statements made with FAA inspectors and investigators. He is expectedto testify about all aspects ofthe demonstration flight with AlanLong, Dr. Long's flight training and Dr. Long'suse and storage ofhis Baron aircraft. He is expected to testifyregarding his company's relationship withAviation Services Group and its employees and directors. He is expected to provide testimony concerning the denials ofthe allegations contained in the Administrator's complaint. He is expected to laythe foundation for all documents for which he haspersonal knowledge including those disclosed bythe parties during the discoveryphase ofthis case. Justin MatthewLollar, Copilot/instructor, Birmingham Flight Center Mr. Lollar is expected to testify regarding his background, training and experience, his FAA credentials, his involvement in the instantmatter, his demonstration flight with Alan Long on N525LP, his understanding ofthe reputations andpilot credentials ofthe pilots involved in the subject demonstration flight, his interaction with Bob Kent and all witnesses involved in this matter, his understanding ofthe various emails, documents and correspondence respecting the FAA's investigation and EIR and all such documents related to the subject flight. He is expected to testify regarding his interaction with the Steve Allen, aircraft broker with Premier Group, regarding the subject aircraft and his understandingthat Dr. Long was interested in the purchase ofthe aircraft. He is expected to testify regarding all aspects ofthe arrangements with Mr. Allen to perform the demonstration flight with Dr. Long. He is expectedto testify regarding all conversations heldwithhis employees and all statements made with FAA inspectors and investigators. He is expectedto testify about all aspects ofthe demonstration flight with AlanLong, Dr. Long's flight training and Dr. Long'suse and storage ofhis Baron aircraft. He is expected to testifyregarding his company's relationship withAviation Services Group and its employees and directors. He is expected to provide testimony concerning the denials ofthe allegations contained inthe Administrator's complaint. He is expectedto lay the foundation for all documents for which he has personal knowledge including those disclosed bythe parties during the discovery phase ofthis case. Sandi Pickett, Owner, BirminghamFlight Center Ms. Pickett is expectedto testifyregarding his background, training and experience, her FAA credentials, her involvement in the instantmatter, her operation of the BirminghamFlight Center, his assignment ofpilots for the demonstration flight with Alan Long on N525LP, his understanding ofthe reputations and pilot credentials ofthe pilots involved in the subject demonstration flight, her interaction with Bob Kent and all witnesses involved in this matter, her understanding ofthe various e-mails, documents and correspondence respectingthe FAA's investigation and EIR and all such documents related to the subject flight. She is expected to testify regarding his interaction with Steve

31PageAllen, aircraft broker with Premier Group, regarding the subject aircraft and her understanding that Dr. Long was interested inthe purchase ofthe aircraft. She is expectedto testify regarding all aspects ofthe arrangements with Mr. Allen to perform the demonstration flight with Dr. Long. She is expected to testify regarding all conversations heldwithhis employees and all statements made with FAA inspectors and investigators. She is expected to testify about all aspects ofthe demonstration flight withAlan Long, Dr. Long's flight training and Dr. Long'suse and storage ofhis Baron aircraft. She is expected to testify regarding his company's relationship with Aviation Services Group and its employees and directors. She is expected to provide testimony concerning the denials ofthe allegations contained in the Administrator's complaint. She is expected to lay the foundation for all documents for which hehas personal knowledge including those disclosed by the parties duringthe discovery phase ofthis case. Dr. Alan Long- Passenger, BE-58 owner Dr. Long is expected to testifyregardinghis background, training and experience, his FAA credentials, his involvement in the instantmatter, his involvement in the demonstration flight, his understanding ofthe reputations and pilot credentials ofthe pilots involved inthe subject demonstration flight, his interaction with the Respondent's employees and all witnesses involved in this matter, his understanding ofthevarious emails, documents and correspondence respecting the FAA's investigation and EIR and all such documents related to the subject flight. He is expected to testify regarding his interest inthe purchase ofthe aircraft. He is expected to testify regarding all conversations held with his employees and all statements made with FAA inspectors and investigators. He is expectedtotestify regarding his relationship with Aviation Services Group and its employees and directors. He is expectedto lay the foundation for all documents for which he has personal knowledge including those disclosed by the parties during the discoveryphase ofthis case. Mr. Steve Allen- Premier Group, AircraftBroker Mr. Longis expected to testifyregarding his background, training and experience, his involvement in the instant matter, his involvement in providingthe aircraft for use in the demonstration flight, his understanding ofthe reputations and pilot credentials ofthe pilots involved in the subject demonstration flight, his interactionwith the Respondent's employees and all witnesses involved in this matter, his understanding ofthe various emails, documents and correspondence respecting the FAA's investigation and EIR and all such documents related to the subject flight. He is expected to laythe foundation for all documents for which he haspersonal knowledge including those disclosed bythe parties during the discovery phase ofthis case. FAA Witnesses: Respondent reserves the right to call and/or cross examine the FAA'switnesses involved inthe investigation ofthis matter including but not limited to the following witnesses. They are expected to testify respecting their relative involvement, observations, research and all other aspects ofthe facts and allegations contained in the Administrator's Complaint in this matter.

4)PageYanceyRushton Pat Bruce (Operations Supervisor) Clay Perkins Inspector David Hargett (Inspector) Mr. PatBruce (Rushton's Operations supervisor) InterrogatoryNo. 3 Identify each person, other than any person already identified inresponseto Interrogatory No. I, whom you believe to have knowledge ofthe facts ofthis matter. Answer: None at this time. Investigation continues. InterrogatoryNo. 4 Identity each expert witness you may call to testifY at a hearing on this matter. For each expertwitness identified, state the subjectmatterupon which each is expectedto testifY, summarize the substance ofsuch expected testimony (including, without limitation, the substance ofexpected opinion testimony) and state the grounds for each such opinion (including, without limitation, identification ofall facts, treatises, reports and records that form the basis for such opinion). Answer: None at this time. Respondent reserves the rightto disclose expert(s) should the need arise. InterrogatoryNo. 5 Identity documents and anytangible items that you may proffer as evidence in a hearing on this matter. Answer: See Respondent's response to the administrator's requests for production of documents. InterrogatoryNo. 6 Ifyou deny any ofthe allegations ofthe Complaint, explain the factual basis for each denial, and identifywitnesses and exhibits you anticipate offering as evidence for such factual bases. Answer: The Respondent specifically denies that the subject flight was anything but a demonstration flight and awaits answers to the discoverypropounded uponthe Administratorto discover what ifany documents and proofare disclosed to prove the 

### 5!Pageprima facie elements ofthe Administrator's case inchief. The e-mail transmissions by and between the Respondent its witnesses and Dr. Long establish that Dr. Long was involved in a demonstration flight, thathis was in the market for an airplane and that nothing that the Respondent or its witnesses did violates any FAR. Birmingham flight center did not act underthe rules ofpart 135 as outlined in the EIR. Money did not change hands between Birmingham Flight Center and Dr. Long. Dr. Long requested a demonstration flight, Birmingham Flight Center found an available option. Dr. Long expressed interest in the option. Dr. Long was at thattime a management client as well as a student ofthe Birmingham Flight Center. He owned a Beech craftBaron 58. For several months prior he had been speaking ofupgrading into a larger aircraft in orderto transport his family to and from various destinations. A citation seemed to bethe best choice given it's speed and efficiency. On the 18th ofSeptember, Justin Lollarwas scheduledto have a flight withDr. Longin his Baron that Birmingham Flight Center managed for him. This flight had been scheduled for quite some time. The day priorto the flight, Mr. Lollar contacted Mr. Pickett with concerns that the weather forecast showed conditions thatmay be outside the capabilities ofthe Baron. Knowing thatDr. Long had an interest in the citation series ofaircraft, Mr. Pickett contacted Shawn Flowers to let him knowthatDr. Long had expressed interest inbuying ajet, and to verify that his was still listed for sale. He confirmed itwas still for sale. The flight was agreedupon by all parties to be a demonstration flight ofthe CJ's capabilities to Dr. Long, as he had expressed interest in that caliber ofaircraft and needed to see it's capabilities prior to going down any avenues ofpurchase. Premier Group was contacted to arrange a demonstration ofthe aircraft. They contacted the owner, who approved the use ofthe plane for a demonstration flight. Birmingham Flight Center did not charge anything for setting up the demonstration flight. Premier group gave us a verbal estimate ofthe price perhour for operation ofthe aircraft, which was passed directly to Dr. Long. Dr. Long paid for the fuel directly. BirminghamFlight Center did notreceive income for the aircraft, fuel, or the pilots in any waywhatsoever. Accordingly the Respondent stands by its denials ofthe allegations ofAdministrator's complaint as set forth in its answer. InterrogatoryNo. 7 State each affirmative defense you assert, explain the factual basis for each, and identify witnesseswhose testimonyyou may offer, and exhibits you may proffer into evidence, at trial to prove those factual bases for affirmative defenses. Answer: Respondent has not filed any affirmative defenses in this action.

61Paoe 

## "RESPONSE TO REQUEST FOR PRODUCTION Inresponse to the Administrator's request for production, Respondent attaches the following documents: June 17, 2012 E-mail ofAlan Long to Birmingham Flight Center September 18, 2012 E-mail ofJ. Steven Allen, President Premier Group to Dr. Long September 19, 2012 E-mail ofDr. Long to J. Steven Allen, President Premier Group and SheilaWallace September 23, 2012 E-mail ofJustin Lollar to Dr. Long Respondentreserves the right to utilize and introduce the exhibits disclosed by the Administratorwith the appropriate witnesses atthe hearing ofthis matter. Respectfully submitted, BARNETT & BORTH, LLC Dated: August l, 2015

Paul R. Borth Counsel for Respondent, Birmingham Flight Center, Inc. Barnett & Borth, LLC 800Waukegan Road Suite 200 Glenview, TL 60025 Tel. (847) 724-5520 Fax (815) 356-7042 prb@barnettlegal.comCERTIFICATE OF SERVICE I hereby certifY that Thave this date faxed and emailed the foregoing RESPONDENT'S ANSWERS TO COMPLAINANT'S FIRST SET OF INTERROGATORIES AND REQUESTS FORPRODUCTION addressed to: Christopher Stevenson Complainant's Counsel Federal AviationAdministration Office ofthe Regional Counsel, AS0-7 Southern Region 1701 ColumbiaAvenue College Park, GA 30337 TEL: 404-305-5200 FAX: 404-305-5223 

### Service via e-mail: chris.stevenson@faa.gov Dated: AJ!gusq, 2015

# (~~~;;~~~~;~> Paul R. Borth Counsel for Respondent Barnett & Borth, LLC 800Waukegan Road Suite 200 Glenview, IL 60025 Tel. (847) 724-5520 Fax (815) 356-7042 prb@barnettlegal.com

81PageSandi Pickett
From: Sent: To: Subject: /\ian Long <alan.long@yahoo.corn> Sunday, June 17, 2012 7:10 PM bfdlc@windstream.net R.e: owrier·sllip analysis
Steven, ey Whatis the practical limit on runway length for Citation V? Could you

**!an~** itin4500ft? Thanks From: "bfcllc@wlndstrearn.

### ner· <bfc:{lc{Wwindstream. net> To: glan.lonmffivahoo.com Sent: Sunday, June 17, 2012 5:38 "M Subject: ownership analysis Here yoll go Sleven 205-6!3-9688 205-849-7722

-

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# • I

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### Sandi Pickett From: Sent To: Cc: Subject: Alan Long, M.D. <along@skindxgroup.com> Wednesday, September 19, 2012 8:06AM Steven Allen, Jr. Shelia Wallace Re: N525LP Demonstration Flight 

# .. '

I really appreciate your help and lookforward to finding the plane(s) that best meets our needs. Thanks again. Alan

On Sep 18, 2012, at 10:47 PM, "Steven Allen, Jr." <jsair@premiergroupinc.com> wrote: >Dr. Long: > >Good evening, although later than usual, Ijust got a momentto stop and sit down. > >I wanted to thank you for yourcontinue·d interest in purchasing an aircraft, particularly a Citation Jet. Thank you for takingthe demonstration flight on our listed CJ N525LP. > >It is my understanding thatthe demo flightwentwell and was to your satisfacijon. I hope that in the very near future we can sit down and discuss your future in aviation and your future aviation

**nee~s** beyond thatofyour Baron. > >Again, I appreciate your taking the time to explore what our or anotherCJ can help you accomplish. Ifyou need anything at all or have any questions or comments please feel free to call or email meat anytime, day or night. > > Kindest regards, > >J. Steven Allen, Jr. >President >PremierGroup > (205)-841-6720 > Sent from my iPhone

1 

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Cloud aftcnwon sir anJ I hope aU lw:-i been \vdl. Due to the clwngc in plans on ·rtwsday 1s fligh1.

**th~** billing" ''ill he di!li:rentthan usuallc1r the llighL The pilot fcc Jllf myselfon the day is S41J(L lt can toe mailed tn n1y honk address: at (;7R6 [)eerl;><ll Drive Pinson /\L,

**~5** I26 since the B_inningham Hight t:cnter \Vas not an oi'ticiai manager of !h(:" nircraft used !i::tr the-demo -Dight e\erylhing wi\I be done separatdy hom the flight cCnt.er. I wanl tu thank ,-ou 1{Jr ven-· much J()r aJk•'-vinQ me Lu fh vou and I look tt:Jn\--ard tt1- our nexl meeting. l--L::n·e ;;1

**h!cs~cd** duy

**a1~d** I will. talk tn you soon. ._ - Jus!in \L Lnlbr Comnlcrc.ial PHot ScrYiccs ('IIU.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS, WASHINGTON, DC MICHAEL P. HUERTA, Administrator Federal Aviation Administration Complainant 

### v. ) ) ) ) ) ) BIRMINGHAM FLIGHT CENTER, INC. ) Respondent. ) ) DocketNo. FAA-201 4-0867 Judge J.E. Sullivan FAA Case No, 2012S0090053

RESPONDENT'S SUPPLEMENTAL RESPONSE TO COMPLAINANT'S REQUESTS FORPRODUCTION Respondent, Birmingham Flight Center, by its attorneys, Barnett & Borth, LLC. hereby attaches a copy ofthe following document as a supplemental response to the Administrator's Requests for Production ofDocuments: September 19,2012 and September 20,2012 E-mails ofDr. Long and Shawn Flowers. Respondent reserves the right to utilize and introduce the exhibits disclosed bythe Administratorwith the appropriate witnesses at the hearing ofthis matter. Respectfully submitted, BARNETT & BORTH, LLC Dated: August 17,2015

PaulR.Borth Counsel for Respondent, Birmingham Flight Center, Inc. Barnett & Borth, LLC 800W aukegan Road Suite 200 Glenview, IL 60025 Tel. (847) 724-5520 Fax (815) 356-7042 prb@bamettlegal.com


### liP ageCERTIFICATE OF SERVICE I hereby certify that I have this date emailed the foregoing RESPONDENT'S SUPPLEMENTALRESPONSE TO COMPLAINANT'S REQUESTS FOR PRODUCTION addressed to: Christopher Stevenson Complainant's Counsel Federal Aviation Administration Office ofthe Regional Counsel, AS0-7 Southern Region 1701 ColumbiaAvenue College Park, GA 30337 TEL: 404-305-5200 FAX: 404-305-5223 

### Service via e-mail: chris.stevenson@faa.gov Dated: August 17,2015

# c~:::~s~~=']:;:::d~;; PaulR.Borth Counsel for Respondent Barnett & Borth, LLC 800W aukegan Road Suite 200 Glenview, IL 60025 Tel. (847) 724-5520 Fax (815) 356-7042 prb@barnettlegal.com

21Page

### from: 

### "Alan Long, M.D."**<~.@ikindxgroup.com>** 

### To: 'Shawn Flowers' <ss.flowers@yalloo.com> Date: 

### September 20. 2012 

### at 7:44:41 AIM 

### COT 

### Subject: Rf: Demo 

### flight to Destin
Shawn/ Thank you foryouravailability and for showing us the CJ. We'I! getthisto you. Alan t**t~Jan lA:~ngft**  CEO Skin Diagnostics Group, PC 3125 Independence Drivel Suite 301 Homewood, AL 35209 205-879-2260 phone 205-879-2261fax 

### alonq@skindxgroup.com www.skindxqroup.com

From: 

### Shawn Flowers [rnailto:ss.flowerscruyahoo.com] 

### Sent: Wednesday, September 

### 19, 2012 4:59 PM To: 

### Alan Long, M.D. 

### Subject: Demo Flight 

### to Destin Dr. Long I 

### enjoyed demonstrating the capabilities of the Citation Jet to you yesterday. I 

### have attached a copy of my invoice for the Pilot services if 

### you have any further questions please don't hesitate to ask. Thanks Shawn Flowers 

### 205-492-9652 cellSandi Pickett From; Sent: To: Cc: Subjecl: Alan Long 1 fv1.D. <along@s·kindxgroup.com::-- Wednesday, September 19, 2012 8:06AM Steven Allen, Jr. Shelia Wallace Re: N52SLP Demonstration Flight

I really appreciate your help and look forward to finding the plane(s) that best meets our needs. Thanks again. Alan

On Sep 18 1 2012 1 at 10:47 PM, nsteven Allen, JL" <fsafr@premiergroupfnc.com> wrote: >Dr. Long: > >Good evening, although laterthan usual, Ijust got a moment to stop and sit down. > > I wanted to thank you for your continue'd interest in purchasingan aircraft,**particul<:~rly** a Citation Jet. Thank you for takingthe demonstration flight on our listed 0 N525LP. >It is 

### nw understanding that the demo flight went well and was to your· satisfacljon. I hope that in the very near future we can sitdown and discus-s your future in aviation and your future aviation neei!s beyond that ofyour Baron. > > Again, l appreciate your taking the tfrne to explore what our or another CJ c2n help you accDmplish. Ifyou need -anything at all or have any questions or comments plea.?e feel free to ca\l or email me at anytime, da.y or night. > >Kindest regards, > > J. Steven Allen, Jr. >President >Premier Group > (205)-841-6720 >Sent from my iPhone

EXHIBIT H