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UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

In the Matter of Juan Marquez Jr 

Respondent. 

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FDMS No. FAA-2014-0862 

FAA Region: Western-Pacific 

Judge: Unassigned 

MOTION TO COMPEL ANSWERS TO COMPLAINANT'S FIRST 

DISCOVERY REQUEST 

141002 

COMES NOW, the Regional Counsel of the Westem-Pacific Region of the 

Federal Aviation Administration (FAA), by counsel, and files this Motion to Compel 

Answers to Complainant's first Set of Discovery, pursuant to Section 13 .220(m) of the 

Rules of Practice. This motion is based on the fact that Respondent has failed to provide 

responses to Complainant's first Set of Discovery. 

FACTS 

i. On January 14, 2015, Complaimmt served his First Set of Discovery to 

Respondent ("Discovery Requests") seeking information regarding the identity of 

witnesses, testimony, documents and other evidence to be presented by Respcll.ldent at 

the hearing in this case. (A true copy of said discovery is attached hereto as Exhibil 

2. The Discovery was served on Respondent at 717 Crawford Street, Bakcrst1eld. 

CA. 93305 by ccrti"lied mail, retum receipt requested [tracking number 7014 0150 0000 
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1102 7276.1, and by regular U.S. mail, postage prepaid. This is the ~ddrcss that 

Respondent and l1is representative have re·gularly received previous filings in ':his case:. 

3. On February 12, 2015, the envelope containing the discovery request •vhich had 

been sent by cenified nJO!il, was returned to the Complainant with a sticker indicating it 

was unclaimed. (A true and correct copy of the envelope and a printout de wnloadecl 

from the United States Post Office indic<lting that the notice had been left 010 January 

16,2015, and was deemed to be unclaimed of February 4, 2015, is attached :1s Exhibit 

"B.") The envelope containing the discovery request which had been sent via regular 

mail was not returned to this office. (See Decl. ofJeffKamberg attached heretu.) 

4. To elate, Respondent ha$ failed to respond to the propounded discover•;, nor hos 

he requested an extension of time in which io respond. 

ARGUMENT 

Section l3.220(m) of the Rules of Practice states: "A party may make a motio11 to 

compel discove1:y if a person refuses to answer a question during a deposition, fl. pmiy 

fails or refuses to answer an interrogatory .. if a person gives an evasive or incomplete 

answer during a deposition or when responding to an interrogatory, or a pariy fails w 

rduses to produce documents or tangible items." Here, Complainant's Discovery 

Requests were sent to Respondent on Janua.JY 14, 2015, and Respondent wa.s requested to 

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

fully under oath, within thirty (30) days of the date of service. 

Pursuant to ~ J 3.211 of the Rules of Practice, the date of service of a doctm1ent 

that was properly addressed, was sent in accordance with tllis subpart, and tl1a! "'<lS not 

claimed is deemed to have been served. (I -1 C.F.R. § I 3. 211 (R)). Moreover, the service 

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shall be considered valid as of the date that the document was refused, (!d.) Here, the 

document was refused by Respondent on F<:bruary 4, 2015. 

Respondent's responses were due on or before March 11, 2015 (·'whenever a 

party bas a right or a duty to act or to make any response within a prescribed oeriod after 

service hy mail, 5 days shall be added to th-3 prescribed period." (14 C.F.R. 0; l.2i l (e)), 

Accordingly. Respondent's responses to Complainant's Discovery Requests were due on 

or before March 11, 2015. To date, Respondent has failed to respond io Compiainant's 

Discovery Requests, nor has he requested an extension of time in which to ~;uhmit his 

responses_ 

WithoLLl responses to the propounded discovery, Complainant will be hamnered in 

its ability to prepare for a hearing in this matter. Therefore, Complainant requests that 

the Administrative Law Judge issue an Order compelling Respondent to l)rovide separate 

and complete answers to each of the pending discovery requests served on january I 4. 

2015. and that said responses be ordered served so that they are received by Complainant 

no later than March 30, 2015. 

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In the event Respondent fails to comply 'With the Order to Compei, Complainanl 

req1Jests the Administrative Law Judge issue an Order making negative inference, against 

Respondent relative to the matters sought and not provided, a preclusion order. dismissaL 

or other relief deemed appropriate by the court 

Respectfully submitted, 

Federal Aviation Administration 

Wcstcrn"Pacific Region 

L.awndaJc, California 

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UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

OFFICE ()F HEARINGS 

WASHINGTON, D.C. 

in the Matter o·f .Juan Marquez Jr FDMS No. F.AA-2014-0862 

Respondent. • FAA Region: Western-Pacific 

• 

* Judge: Unassigned 

COMPLAINANT'S FIRST SET OF 

DISCOVERY TO RESPONDENT 

To: Respondent and Respondent's Represe,JJtative; 

lill 006 

Complainant. by and through counsel, pursuant to Section !3.220 of the Rules of 

Practice in l'ii.A Civil Penalty Actions. requests the Respondent please resn•1nd 10 the 

following !nteJTogatorie~ and Requests for Production of Documents, separate!•; and f'Lt!ly 

under oath. vvithin thirty (30) days of the date of serviN. 

These di;;cowry requests are intended to be continuing in ~2turc: :md any 

information which may be discovered by you subsequent to the service and filii' g. or· your 

answers 111\lSt be brought to the attention of the Complainant's attorne'' through 

supplemental m1swers when it becomes ava:Iable to you, and in a reasonabie tin•B prior w 

the hearing in this matter. If there are any additions, deletions or change,; in the lmswers 

or infm111ation provided at any time prio': to hearing, the Re~pondcnt is specincally 

I·cqvested to so in1media:rcly lnfonn Co1nplainanfs attorney. If such informa\:!on ls not 

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tl."ti""I!ished. EJ.T. th.e tin1e of the hearing~ the a·:torney for Con1pb.inant JT.l2} move !:o exclude 

Crom_ evidence such information requested and not furnished. 

if. in responding to, or failing to respond to these requests f(1r disnve<y you 

invoke or rclv LlpOn any privilege of any kind, state specifically the namce of the 

privilege_ the basis upon which you invoke, rely upon or claim it, including an/ statutoty 

or decisional reference~ and identify all docun1ents or other in.fonnatjon. hcluding 

contacts and communications which you believe to be embraced bv l.11e privilege 

invoked. 

INTERROGATORIES: 

i _ Identify by naTne, address and telephone number all persons who have 

oersonal knovilcdgc of the incidents alleged in the complaint. 

2. Idenli fy by name, address and telephone numbet all persons who have 

personal knowledge of your aft1rmative defenses alleged in your answer. 

3. Identify by title, date, author, present custodian, and ccmtenL <Iii 

documents obtained by you or in your possession relating to the assertir>l.lS i.n the 

complaint and your unswer, including affinnativc defenses. 

4. identify by name, address <md telephone number. all persons ·vhom you 

intend to have Testify as a factual witness in your defense at the hearing in !hi'' mal:ter, ancl 

provide a detailed summary of each person's anticipated testimony. 

5. identify by nm11e, address m1d telephoue number, all persons >;,h()m you 

i:1tend to have testify as an expert witness in your defe11Se at the hearim: in T:1is matter, 

and !Yovide a detailed summary of each expert's anticipated \eo;timony. 

6. identitY by title, date, aU1hor, present custodian, and cont[nL 1vhicb 

docurnents ~:--·ou anticipate offering into evidence at the hearing in 'this n12nLcr. c:nd ·cb.rough 

'..\'hich '\\'itness or \Vitnesses. 

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7. With respect to each expert witness identit!ed in response to Inrc,-,-ogalory 

No. 5. above, specify their area of expertise, and provide a synopsis of their credentials_ 

background.) training and experience. 

8. Do you contend that the FAA'~ proposed civil penalty should he reduced? 

9. ;r you answered "yes" to Interrogatory 8., please identify all faCLS upon ""hicb 

you base your contentio1l. 

l 0. !denti±)' all individuals by name, address, and telephone number who have 

kno\vledge of che facts which support ycur con1ention that the FAA's proposed civil 

penalty should be reduced. 

REQUESTS FOR PRODUCTION OF DOCUMENTS: 

1. Provide a copy of all written statements/affidavits/declarations of 

individuals ickntifieti in response to imenogatory number I, on the previous page. 

2. Provide a copy of all documents identified in interrogatory 11urnber 2. on 

the previou::; page, 

3 _ Provide a copy of all documents m support of any and [ell of yout 

affi.rmativc defenses plead .in your a11swer. 

4. Provide a copy of the current curriculLU11 vitae for each and CI·Cry expen 

you intend to l1avc testify· in your defense at the hearing in this matter. 

5. Provide 2. copy of any and all recorded statements of any witnesses 

having persona! knowledge of the incident,, alleged in the complaint and yotJr dfirmative 

defenses cllegcd in your answer inc:luding but not limited to tape recodings and 

transcriptions ofthe tape recordings. 

6. ?rovide any and all c1ocumems your experts will be relying upon IO testify 

.in your defense at the hearir1g on this maner. 

7 ?rovide a copy of any and ;oil reports, tlOtes, charts, diagl'~ms. i'llgin plots 

nr other \Vl"itten docun1cm:ation prepared by your expert:(s) Yvh.ich wil1 be te:·ni±\ing in 

your defense m the hearing on this matter. 

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8. ?rovide a copv of any and ali d~cU.c'11ents which suppo'"'s your cc;;"Lcnticm 1hai 

~he FAA "s proposed ch:ll penalty should be redllced. 

Respectfi.tl !y submitted. 

l:Jaon1i Tsuda 

.Regional Counsel 

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CERTIFICA"TE OF SERVICE 

·~hereby c:::rtify that on t~,;s date I have pla•oed in the United States maiL postage DrcpaicL 

cettitled lTIE'jL return recc~pt reques1ed, ancl via regular 111.:iil" the excctltcd o1.iginal of tl1e 

COM!?LUNANT'S FIRST SET OF DISCOVERY TO RESPONDENT .. addressed 

~S folJO\-VS; 

Oated: Jan11ary JA, 2015 

Juan Antonio Marqu~z. Jr. 

71 7 Crawforc Street 

Bakersfield, CA 93305 

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Ofl1ce of the Regional Counsel 

Federal Aviation Administration 

VJestem-Pacitic Region 

Hawrhorne. Califomia 
0311"' "'2015 

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• Cumplete it:=ms 1, 2, and 3. Also comp~ete 

it<:-m 4 if Restrk;ted Deliver; ts desired. 

J:l Print your narne [:ml ;:,ddre.:;:.s on the reve-rse 

sn liml we can retum the card to you. 

R Attach thfs card to n-..e b-ac'r\ of tha rmilpiece, 

or on the front If sp-ace petmlts. 

l. Ariicl-8 Addres-:;EO-d to: 

.IL\an l'cntonio Marquez Jr. 

717 Crawford Street 

Bakersfield, CA 93305 

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8. P.ecei•.·ed oy {P!lnl.sd N•,m=J Od~ ·::Jf Deii·._,;y 

D. Is delf·tey address dilf£-~~nt fro:n iterr: i? Yes 

0 l·lo If YES. en!er del~ver>J Bd"dtf..';.."_s below: 

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~ Certliled Mail" 

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D Ptiori!y Mall Express'~ 

D Re!um Receipt for Mtm::Mndlsa 

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2. Miele Number 

(rra'lsfer frorn.seTVI~e JaP:U _ . 7014 0150 DGOO 1102 7276 

PS Form 381 I, July2Df3 Doilie.:;1ic Return Reccrpi 
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03/13/2015 08:39 FAX 3107256816 AWP-7 141015 

DECLARATION OF JEFF KAMBERG 

L JeffKamberg, declare as follows: 

All maners stated herein are within my own personal knowledge~ and if cal!ed C!:) a \VIlness. ~ 

co\Jid, and would competently testify thereto, except for those matters stated CJpon infOJ"no;•tion and belief 

and as to those mattcts, I believe them to be true: 

I. ! am a legal technician in the Office of the Regional CounseL Federal AviaTion 

Ad1ninistration, Westem-Paci'fic Region. 

2. On Janum-y 14, 1015, the Complainant's tlrst discovery 1·equest was 'erved on Juan 

Antonio Marquez k. 717 Crawford Street, Bakersfield, CA 93305 by certitled maiL retmn 

receipt 1·cquested (7014 0150 0000 1102 7276), and by regular lLS. postage pt·epaid. A true 

copy of the discoveiy request is attached a> Exhibit "A.'' 

3. On february 12, 2015, the Agency received the envelope containing the discovery 

request which had been sent by certified mail, was returned to the Compl:iinani with a stieke;· 

indicating ir was unclaimed. A true copy of the returned envelope, and a printout downloaded 

from1.ile United States Post Office indicating that the notice had been left on January 16. 2015, 

is attached as Exhibit "B.") 

4. H('lving cor1ducted a diligent and thorough search of the office: the envck1pe contairdng 

l:he discovery request w11ich had been sent via regulat' mail, has not, to elate, been returned to the 

of/Ice. 

I declare under penalty of perjury under the laws of the United States of America that the 

foregoing is true and correct. 

Signed this 13"' day of March, 2015. in Lawndale, CA. 
03/13/2015 08:39 FAX 3107256816 AWP-7 141016 

CERTIFICATE Of SERVICE 

I hereby certify that on this date I have faxed and placed in the United States maiL 

postage prepaid, certified mail, the executed original of the MOTlON TO COMPEL 

ANSWERS TO COMPLAINANT'S FIRST DISCOVERY REQUEST, addressed as 

follows: 

F edcral Aviation Administration 

800 IndepeDdencc Avenue, S,W. 

Washington, DC 205 91 

Attention: Hearing Docket Clerk, AGC-430 

Wilbnr Wright Building- Suite 2Wl 000 

FAX (202) 493-5020 

I further certify that on this date I have placed in the United Staleo maiL postage 

prepaid, certified mail - return receipt requested, and by regular mail, a true CilPY of the 

MOTION TO COMPEL ANSWERS TO COMPLAINANT'S FIRST DISCOVERY 

REQUEST, addressed as follows: 

Juan Antonio Marquez Jr. 

717 CraVIiord Street 

Bakersfield, CA 93305 

Dated: March 13, 2015 

JcffKamberg 

T .ega] Technician 

OfTice of the Regional Cotmsel 

Federal Aviation Administration 

Westem-Pacitic Region 

Hawthorne, California