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### 22 23 24 25 26 27 28 Law Office ofJoseph W. Geldhof 2 Marine Way, Suite 207 

# RECEIVED
Juneau, Alaska 9.9801 

## JUL 12 

# 2012 Telephone: (907)586-8193 E-mail: joeg@alaska.com Counsel for Respondent Scott Novak 

# HEARING DOCKET. U.S.-DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS WASHINGTON, DC 

### ill the Matter of: !"··••) 

### ) w

SCOTT NOVAK, Respondent. ) 

### ) ) 

## )**~** ) FAA .Docket Number: 

### Currently Unassigned ) FDMS NO. FAA-2012- 0206



### RESPONSE-BYSCOT't.NOVAK TO COMPLAINANT'S FIRST SET OF REQUESTS FORADMISSION, INTERROGATOIRES AND REQUEST**FORPROJlCU~'fiON** 

### <?F UO.CUMENTS

' 1 •. l • •**L.~o** , , • • '

-**~** ' ' • , • I 

### Scott Novak, Respondent in the above-captioned action, responds to Complainant's discovery

### i:eq~~sts, as follows: 

### REQUESTS FOR ADMISSION 1. I offered 

# on: behalfofmydaughter, Ericka, a pickup-truck load ofhousehold goods, described to meas furniture, mattress and GEN SO-{\ per air bill 027-8385-7546. To the best ofmyknowledge, all the stuffmy daughter asked me to ship wasjust household goods and not anything that was hazardous.
2. I believe the shipment I sent was assigned Alaska Airlines Air Waybill'No. 027-8385-7546.

,. ' I ' • ''! J ••• 

### 3. It 

### states that the

## shipme~ts was furniture,

## mattr~ss and GEN SOA, which is

## ~hat I was told was in the containers.

. ' '**\~** •, .• .l. ; 

### 4. 

### Yes.

•\ '

. .**~** . ' 

### 5. Yes. To the**best.ofmylru..owledg~** 

### t4e shipment did;·n0t-contain dangerous goods.

• \ • : ' • < .\**~~'** ' ' < •' <.**~** .'> • ' > •. <, ' 'I ' '
Scott**Novak's.Resp~·se** to Discovery Reqii¢sts ·· ; ·7 FAAv. Novak " ·' ·· · · · "'
.. · · · ·' · FDMS No. FAA-2012-0206 ' 

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### 1 .... il·.! '!·' ,. :·.



### ... v·. ·. :**~.**1 

### 2 3 4 5 6 6. The security screening document for furniture and household supplies was completed by someone other than me. I cannot attest to its completeness or accuracy.
7. Yes. To the best ofmy knowledge the shipment did not contain any explosives, incendiaries, or individuals. The shipment was for household supplies.
8. Not to myknowledge.
7 9. Yes. 8 

### 9 10. Yes.
10 11. Yes. 11 12 

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## 26 27 28 12. Yes


### INTERROGATORIES AND REQUEST FOR PRODUCTION

. 1. I didn't have a clue that there was any fingernail polish in the shipment. The contents were described by my daughter as household goods, including a mattress and other stuffshe needed moved to Juneau. There wasn't any discussion about anything being dangerous in the boxes. There are not any documents about my lack ofknowledge or photographs that I have. I didn't know and was not trying to do anything wrong.
2. Ifknew what the definition ofdangerous goods orhazardous goods was and ifihad any knowledge that the stuffin the shipment was dangerous or hazardous, why would I not say so. Ifi had known, the easy thing would have been to throw the stuffaway. All I was trying to do was help my daughter get her gear to Juneau.
3. I will testify and probably my daughter. Wewill both testify that the contents ofthe shipment belonged to her, that we decided to ship the stuffby air at the last minute when it became necessary, that I didn't pack the shipment and had no knowledge about the contents and that this is another example ofhow trying to help your kids in the modern world fits the popular notion that no good deed goes unpunished when it comes to dealing with the government anymore.

Scott Novak's Response to Discovery Requests FAAv.Novak FDMS No. FAA-2012-0206 2

### 1 4. There are no "statements" to produce. 

### 2 3 5. 

### No. 

### 4 6. No. 

### 5**~-~ -~-~.---There-do-net-appear-to-beany~addi-tionahlocuments-inihe-pussessitm<Jf~he** **Responaem--~--** 

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### _that are not already in the possession ofthe FAA related to this dispute or which Respondent intends to rely on at the hearing. 

### On my oath, I affirm that the responses to the interrogatories and requests for admissions aritrue tf:1d correct to the best of my knowledge. 

## 9

# E~

. DATED

### z~ili dayofJWle, 2012 at Juneau,

### ~las:__ 

# L

__ )ut?t/

# ~ . . ·- v 

### Scott Novak

### ~'f 

### 'II_ SUBSCRIBED andSWORNto before 

### me this 2'8.th 

### day ofJune, 2012

# df~ M

.

# ~tv1Uo~ Notary Public in and for Alaska My Commission

### Expires:~\..Jll9 

### 1 2bl5" 

## .................. 

# __ ......_ 

## _______ _ Notary Public**~** 

### LINDA M. ENRIQUEZ State ofAlaska 1 My Commission Expires Jul. 9, 2015 

### lafflrm with regard to responses to requestsforproduction and objections made, 

## if any, that the responses made above are correct and complete.
DATED this

### ~r dayofJWie, 2012 at JWieau, Alaska. 

# (\r)**'rv~** LAW OFFICE OF JOSEPH W. GELD 

# Att7 Scott N Yak

'-""' 

### Joseph W. ldhof Alaska Bar # 8111097

Scott Novak's Response to Discovery Requests 

### 3 FAAv.Novak FDMS No. FAA-2012-02061 2 

### 3 4 CERTIFICATION I certify that on this date, a copy ofthis document was sent via 

### FAX to: 

### 5 Glenn H. Brown,

_____**11 _-->JS-""enLUiw:o~r** **Atto-r-D-ey---------------------------~-** 

### 6 Office ofthe Regional Counsel Federal Aviation Administration 7 Office ofthe Regional Counsel 

### 8**~-7** 

### 222 West 7th Avenue, Box 14 9 Anchorage, Alaska 99513-7587 FAX: (907) 271-2800 I further certify that on this date, a copy ofthis document was sent via 

### USPS: Federal Aviation Administration 800 Independence Avenue, SW Washington, DC 20591 Attention: Hearing Docket Clerk, AGC-430 

### 10 11 12 13 14 

### 15 16 17 18 19 

### 20 21 22 23 

### 24 25 

### Wilbur Wright Building

-- Suite 2W1000



### 26 27 28 A copy ofthis document was also via 

### USPS to: 

### Glenn H. Brown, Senior Attorney· Federal Aviation Administration Office ofthe Regional Counsel AAL-7 

### 222 West 7th Avenue, Box 14 Anchorage, Alaska 99513-7587 

# 1

.. .,**,~** ·'? .tJ '

. .,. DATE: "· -.H
.. :;; v"l 

### '"'r , .:;.._ 

# 5:4" Joseph W. Geldhof

Scott Novak's Response to Discovery Requests FAA v.Novak FDMS No. FAA-2012-0206 4