12/08/2014 12:02 4252271007 

Jeffrey M. Harper 

FAA Office of Regional Counsel 

1601 Lind Avenue Southwest 

Renton, Washington 98057 

T (425) 227-2161 

F (425) 227-1007 

UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

In the Matter of; 

Alpine Aviation, Inc. 

DMS No. FAA-2014-0863 

FAA Case No. 2014WP910076 

Honorable Richard C. Goodwin 

COMPLAINANT'S INITIAL DISCOVERY REQUEST 

To Respondent: 

In accordance with 14 C.P.R.§ 13.220 and the Federal Rules of Civil Procedure, please 

respond to the follovving Interrogatories, Requests for Production of Documents, and 

Request for Admissions, separately and fully under oath by January 7, 2015. 

PAGE 11/15 

These discovery requests are intended to discover information and/or documents not only 

within your personal knowledge or obtainable by you, but also information inthe possession 

of or obtainable by your attorneys, investigators, representatives, employees, agents, or 

anyone acting on your behalf or on their behalf. 

These discovery requests are continuing in .nature and any information which may be 

discovered by you subsequent to the service and filing of your answers must be brought to 

the attenti.on of the agency attorney through supplemental answers when it becomes 

available to you, at a reasonable time prior to the hearing in this matter. If there are any 

additions, deletions or changes in the answers or information provided at any time prior to 

the hearing Respondent is specifically requested to so immediately inform the agency 

attomey. If such information is not fu1nished, the agency attorney at the time of the hearing 

will move to exclude from evidence such information requested and not furnished. 

Th: agency attorney further requests that the Respondent produce tl1e documents identified 

and designated herein for i.nspectiou and copying at the Federal Aviation Administration 

(FAA) Office of Regional Counsel, Suite 570, 1601 Lind Avenue, South.west, Renton, 

Washington 98057, by January 7, 2015. 
12/08/2014 12:02 4252271007 ANM7 

Privilege 

If, in responding to, or failing to respond to these Interrogatories, Requests for AdmissioD 

and Requests for Production you invoke or rely upon any privilege of any kind, state 

specifically the nature of the privilege; the basis upon which you invoke, rely upon, or claim 

it, including any statutory or decisional reference if applicable; and identify all documents or 

other information, including contacts and communications, which you believe to be 

embraced by the privilege invoked. 

DATED this 8'h day of December, 2014. 

Digitally signed by JEFFREY M 

HARPER 

·- DN: c~us, o~u.s. Government, 

ou=ANM, ou~ANM. cn=JEFFREY M 

HARPER 

Cornplalnant1

S lrlltlal Discovery Request 

In the Matter of A1

.plne Avlat;loii, Inc. 

Date: 2014.12.08 09:45:12 -08'00' 

DMS No. FAA·2014-0B63; FAA Case No. ?.014WP910070 

Page 2 of 6 

Jeffrey M. Harpert FAA Attorney 

T (425) 227-2161 

F (425) 227-1007 

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12/08/2014 12:02 4252271007 ANM7 

Interrogatories 

Interrogatory No. I: IdentifY by name, address, and telephone nwnber all persons whom. 

Alpine Aviation, Inc. knows to have personal knowledge of the matters alleged in the 

Complaint. 

PAGE 13115 

Interrogatory No. 2: Identizy by title, date, author, present custodian, and content, all 

docwnents, i11cluding correspondence, obtained by you or in your possession, relatmg to the 

assertions in the Complaint, your appeal, your answer, and any affirmative defenses which 

you anticipate raising in this m.atter. See Request for Production No. I. 

Interrogatory No. 3: Jdentizy by name, address, and telephone number, all persons whom 

you intend to have testizy as a factual or expert witness in your defense at the hearing in this 

matter, and for factual witnesses, provide a detailed sununary of each person's anticipated 

testimony. 

Interrogatow No. 4: ldenticy by title, date, author, present custodian, and content, all 

docmueuts which you anticipate offering into evidence or using at the hearing in this matter, 

and through which witness or witnesses the document \\~11 be offered. Sec Request for 

Production No. 2. 

Interrogatory No. 5: \Vith respect to each expert witness identified in response to 

Interrogatory No. 3, specify their specific area of experti,se and provide a synopsis of their 

c~:edentials, background, training, and experience. 

Interrogatory No. 6: With respect to each expert you expect to c::all as a witness, state the 

subject matter on which the expert is expected to testizy, the substance of the facts and 

opinions to which the expert is expected to testicy, and provide a summary of th.e grom}ds 

for each such opinion. 

Interrogatory No. 7: Describe with specificity all facts and evidence you intend to rely upon 

in support of any affirmative defenses raised in any Answer to the Complaint. See Request 

for Production No.3. 

Interrogatory No.8: Describe with. specificity all of the facts Which you anticipate 

presenting in the course of the hearing in this matter pertaining to the avoidance or 

mitigation of the sanction sought by the FAA in this case. See Request for Production No.4. 

Interrogatory No. 9: For each allegation in the Complaint that is deni.ed-wb.ether outright 

or as a result of having insufficient infonnatioo or k:nowledge from which. to form. a belief as 

to the truth of the allegation, in whole, or in pmt-state with specificity the facts that are the 

Complainant's Initial Discovery Request 

In the Metter of AtplneAviation, Inc:. 

DMS No- FAA-2014·0863; FAA case No. 2014WP910070 

Page 3 of 6 

Jeffrey M. Harper, FAA Attorney 

T (425) 227-2161 

F (425) 227-1007 
12/08/2014 12:02 4252271007 ANM7 

basis for that denial as well as the inquiries taken to determine that the allegation in the 

Complaint is not correct. See Request for Production No. 5. 

InterrogatorY No. I 0: Fo> any Requests for Admissions that are denied-. whether outright or 

as a result of having insufficient information or knowledge from which to form a belief as to 

the truth of the allegation, in whole, or in part-state with specificity the facts and evidence 

which are the basis for that denial as well as the inquiries taken to determine that the facts in 

the request for admission are not correct. See Request for Production No. 6. 

Requests for Production 

Request for Production No. 1: Provide a copy of all documents referred to in your answer to 

Interrogatory No. 2 

Request for Production No. 2: Provide a copy of all documents referred to in your answer to 

Interrogatory No.4. 

Request for Production No. 3: Provide a copy of all documents that support your answer to 

Interrogatory No.7. 

Request for Production No.4: Provide a copy of all documents that support your answer to 

Interrogatory No. 8. 

Request for Production No. 5: Provide a copy of all docurn.ents that support your answer to 

Interrogatory No.9. 

Request for Production No.6: Provide a copy of all documents thst support your answer to 

Interrogatory No. l 0. 

Request for Production No. 7: Provide a copy of all exhibits that Alpine intends to offer as 

evidence or v;illuse during any hearing in tins matter. 

Requests for Admission 

Under 14 C.F.R. § 13.220(b) and Rule 36 ofthe Federal Rules ofCi.vil Procedure, you are 

requested to admit the truth of the following matters. A matter is admitted unless responded 

to in a reasonable tinle. The Rules of Practice in FAA Civil Penalty Actions, 14 C.P.R. 

§ 13.220(d), defines a reasonable tinle to be 30 days, The agency requests that an answer be 

served upon the agency attorney either admitting the matter, specifically denying the matter, 

stating why the matter cannot be admitted or denied, or objecting to the request, with 

reasons for the objection stated within 30 days of the date of service upon you, that is, 

January 7, 2015. ' 

PAGE 14/15 

Complainant's Initial Discovery Request 

In the Matter of Alpine Aviation, Inc, 

DMS No. fAA,20J.4,0863: FAA case No. 2014WP910070 

Page 4 of 6 

Jeffrey M. Harper. FAA Attorney 

T (42o) 227·216:l. 

F (425) 227-1007 
12/B8/2B14 12:B2 4252271BB7 ANI· .. 17 

Request for Admission No. I: Admit Alpine has 6 or more aircraft on its air earner 

certificate. 

Request for Admission No. 2: Admit tl1at Alpine has 6 or more pilots. 

Request for Admission No.3: Admit Alpine has the financial ability to pay the proposed 

$20,925 civil penalty. 

Request for Adu:Ji.ssion No.4: Admit Alpine settled FAA Case No. 2009V/P910293 by 

agreeing to pay $45,000. 

Request for Adnli.ssion No. 5: Admit FAA Case No. 2009WP9l 0293 alleged violations of 

14 C.F.R. Part 121, Appendix I, Section V.A.l, which was recodified as 14 C.P.R. 

§ 120.1 09(a)(l ). 

Request for Admission No. 6: Admit FAA Case No. 2009WP9! 0293 alleged violations of 

14 C.F.R. § 121.457(a), which was recodij)ed as 14 C.P.R. § 120.35. 

Request for Admission No.7: Admit FAA Case No. 2009WP91029'3 alleged violations of 

14 C.P.R.§ l2l.459(b), whi.ch was recodified as 14 C.F.R § 120.39 

PAGE 15/15 

Complalnant's Initial Discovery ReqLlest 

In the M~ttcr of Alpine Aviation, Inc, 

DMS No. FM-2014-0863; FAA Case No. 2014WP910070 

Page 5 of 6 

Jeffrey M. Horper. FAA Attorney 

T (425) 227-2161 

F (425) 227·1007 
12/BB/2014 12:B2 4252271007 ANH7 

CERTIFICATE OF SERVICE 

I hereby certifY that the foregoing Complainant's Initial Discovery Request has been 

served via. facsimile, e-mail, and Certified Mail - Return Receipt Requested this date, to 

the following: 

The Honorable Richard C. Goodwin 

Office of Hearings, M.-20 

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

Washington, DC 20590 

Fax: (202) 366-7536 

richard.goodwin@dot.gov 

Attn: Hearing Docket Clerk, AGC-430 

·Wilbur Wright Building- Suite 2Wl 000 

Federal Aviation Administration 

800 Independence Avenue SW 

Washington, DC 20591 

Fax: (202) 267-1293 

Max Hansen, Esq. 

Alpine Aviation, Inc. 

P.O. Box 1301 

Dillon, MT 59725 

Fax: ( 406) 683-4304 

max@irc!031x.com 

Dated this 8th day of December, 2014 . 

. AD~an""· "'a~L"'"~~·~::=t'"'e~"''h-e""n~so"-i .. ""'-"""'-"'-.c;;t=<.L.C', <,~ 

Office of Regional Co\IJ!sel (AI\'M-7) 

Federal Aviation Administration 

1601 Lind Ave. SW 

Renton, W A 98057 

(425) 227-2164 

Complainant's Initial DJ.scove:ry Req_uest 

.Alpine Aviation, T.nc. 

J~J:'l~EY M. HAltl"'~ F 1\.A ATTORNEY 

T (425) 227-2161; F (425) 227·1007 

DMS No. FAA-Z0\4-0552 

PAGE 15/15