07/28/2010 15:49 FAX 2024935142 FAA * DMS glOOI/010 

Chrisiopher D. Nissen, Esq. Slate Bar No. 202034 

MANMNG & MARDER 

KASS, ELLROD, RAMIREZ LLP 

15th floor at 801 Tower 

801 South Figueroa Street 

Los Angeles, CA 90017 

Telephone: (213) 624-6900 

Attorneys tor Respondent, S/P Resources, Inc. 

^-ipA !--, , 

''^' 2 0 2010 

U.S. DEPARTMENT OF TRANSPORTATION 

REGIONAL COUNSEL 

FEDERAL AVIATION ADMINISTRATION 

In the Matter of: 

S/P Resources, Inc., 

Respondent. 

FAA DOCKET 

FAA CASE NO.: 2009WP700017 

NOTICE OF CONTINUANCE OF 

TAKING DEPOSITION OF 

CUSTODIAN OF 

RECORDS/PERSON MOST 

KNOWLEDGEABLE FOR AIRSEA FORWARDERS, INC. AND 

REQUEST FOR PRODUCTION 

OF DOCUMENTS AT TIME OF 

DEPOSITION 

TO ALL PARTIES AND TO THEIR ATTORNEYS OF RECORD: 

PLEASE TAKE NOTICE that, per the agreement of counsel, Respondent S/P Resources, 

Inc., has continued the deposition of the Custodian of Records/Person Most Knowledgeable for 

Air-Sea Forwarders, Inc., previously scheduled to go forward on July 21, 2010. Upon oral 

examination, pursuant to 14 CFR § 13.220(j)(3), the deposition will now take place on July 26, 

2010, commencing at 4:00 p.m., at the Law Offices of Manning & Mardcr, Kass, Ellrod, 

Ramirez, LLP, located at 801 South Figueroa Street, 15th Floor, Los Angeles, California 90017, 

before a Notary Public/Certified Shorthand Reporter in and for the County of Los Angeles. 
r*A + nMS 01002/010 

07/28/2010 15:49 FAX 2024935142 FAA UM^ "^ 

You are fiirthcr notified that the deponent is not a party to this action. So far as Itnown to 

the deposing party deponent's address and telephone arc as follows; Air-Sea Forwarders, inc., 

9009 South La Cienega Boulevard, Inglewood, California 90301-4497 - (310) 216-1616. 

Said deponent will be served with a U.S.D.O.T. Federal Aviation Administration Civil 

Penalty Subpoena, a copy of which is attached hereto. 

PLEASE TAKE FURTHER NOTICE that request is hereby made, pursuant to FAA 

Rules of Civil Practice 13.220, et seq., that said deponent produce at the aforementioned 

deposition the following documents and other things in the custody of said deponent and/or said 

deponent's attorneys, employees, agents and investigators: 

1. Provide a copy of ail written statements/affidavits/declarations provided to the 

FAA. 

2. Provide a copy of all documents provided to the FAA. 

3. Provide a copy of all documents signed by James Trato. 

4. Provide a copy of all document sent or received by James Trato and/or S/P 

Resources, Inc. 

5. Provide a copy of any and all recorded statements of any witnesses having 

personal knowledge of the incidents alleged in the complaint including but not 

limited to tape recordings and transcriptions of the tape recordings. 

6. Provide a copy of any and all documents relating to the product allegedly offered 

for shipment by S/P Resources, Inc., on or about October 15, 2008. 

7. Provide a copy of any and all documents you contend reflect S/P Resources, 

Inc.'s, or James Trato's written consent to offer any product for shipment on or 

about October 15,2008. 
07/28/201 0 15:49 FAX 2024935142 FAA - DMS 0003/01 0 

8. Provide a copy of any and all documents you contend support your assertion that 

S/P Resources, Inc., and/or James Trato provided you written authorization to ship 

the product. 

9. Provide a copy of any and all documents provided to you by S/P Resources, Inc., 

and/or James Trato in connection with the Product. 

10. Provide a copy of any and all documents that your assertion that the product was a 

hazardous, flammable produce while stored in your warehouse. 

11. Provide a copy of any and all documents that you provided to the FAA in 

connection with S/P Resources, Inc., or James Trato. 

12. Provide a copy of any and all documents sent or received by Ms. McGowen in 

connection with S/P Resources, Inc., and James Trato. 

13. Provide a copy of any and all documents that support your assertion S/P 

Resources, Inc., and/or James Trato hired you to ship any products. 

14. Provide a copy of any and all "Shipper's Certification of Articles Not Restricted" 

with Air-Sea Forwarders, Inc., that you contend were signed by S/P Resources, 

Inc., and/or James Trato. 

15. Provide a copy of any and all "Shipper's Letter of Instructions" with Air-Soa 

Forwarders, Inc., that you contend was signed by S/P Resources, Inc., and/or 

James Trato. 

16. Provide a copy of any and all labels provided to you by S/P Resources, Inc., 

and/or James Trato. 

17. Provide a copy of any and all documents reflecting your interviews with LaTonza 

McGowen relating to S/P Resources, Inc., and/or James Trato. 
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If said deposition is not completed on said date, the taking thereof will be continued from 

day to day thereafter at the same place, Sundays and holidays excepted, until completed. 

Dated: July 14,2010 MANNING & MARDER 

KASS, ELLROD, RAIMIREZ LLP 

A 

By: 

Christophei>H6. Nissen 

Attorneys for Re^o/ident, S/P Resources, 

Inc. 
rr DMS 21005/01 0 

07/28/201 0 15:4 9 FAX 2024935142 FAA 

U.S. DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

CIVIL PENALTY SUBPOENA 

In l^e 'V1:i(ter of: Dock«c Mo.: CPIOWPO(^5 _ 

S,'P R£SOURCRS. INC DM.S No.: 2010-0319 

FAA CA.SF. NUMBER 2009 WP700f>l 7 Uvucd on: 

To: Cus>W<t'flM of ge.cot^<> I R-K6Y1 Hosl J^ow \<J^«JAt, O AlW *^A XtriAJq^x^ ^Xc. 

Under 14 CFK S 13.228(a). YOU ARE REQL'IRED: 

I I To appear and iestif> before sn Adftimisfratlve LHW Judje of trie Dcpanineni orTraosponation 

al; _ ^ ., .^ ^ 

inlheeic>of on the ^ daj ol __^ T-^-^ . 

.ai ^ am 

^ ToapDearandiesiifyiiiadeposiiioniobeconducieJby: CpH^H^pHe^K}iS>i« ^ "W F^SfflMtflCnT" 

in the city of ^ ^ Mv^U-tAf.S on OK 'Zt»'* ^ day of J K-lo 20 iC . 

"' tgp r ^ ^" 

(^ To bring with you and Droduci; (he rollowlnRdocumeoU', records, popers, books, nvt mngiblo JKms' 

Sa-t^ AWiw^iv^cin-f "A ' 

ICyou have any quesiioiu about (his subpoena, conr^ci {^x^V^dAQi^ V-4H^yg.o 

ai liiis sddreii and telephone niimb«r: 001 <»- R^Ue-ro ^ <;4-., GaC >VT/^gJ^j:^ CA - C^») ^ZtJ--Lg^OD 

/fe^r..^ /-^ ^VC/^,. 

SiL'pbHnic McClain 

Hearing Uockci Clerk 

AulhL>ri;y l4Cr R S 13 238, 49 U.S.C Jf 5U1 .md I.a7(j|(l». Oi JV I) S C Ji it^lU^ anj 106l^)l. I) 

ANY PERSON WHO DOFS .NOT ODKV THLS SUBPOENA IS SUBJECT lO 

FUSE OR IMPRLSONMENT OR BOTH UNDER 49 V.S.C § 46313. 
+ QMS iaoOG/010 

07/28/2010 15:49 FAX 2024935142 F^^ 

RETURN OF SFRVICE 

F CERTIFY rhai a duplicate i an original (circle one) of this subpocntt was sensed on the 

person named ia the subpoena 

by: . 

at: ^^_ _ 

on the day uf ^ 20 _K)_ 

Name of person making service: 

Official Title, 
07/28/201 0 15:4 9 FAX 2024935142 FAA ^ DMS @007/01 0 

ATTACHMENT 'A' TO SUBPOENA 

REQUESTS FOR PRODUCTION OF DOCUMENTS: 

1. Provide a copy of all written statements/afFidavits/declarations provided to the FAA. 

2. Provide a copy of all documents provided to the FAA. 

3. Provide a copy of all documents signed by James Trato. 

4. Provide a copy of all document sent or received by James Trato and/or S/P Resources, 

Inc. 

5. Provide a copy of any and all recorded statements of any witnesses having personal 

knowledge of the incidents alleged in the complaint including but not limited to tape 

recordings and transcriptions of the tape recordings. 

6. Provide a copy of any and all documents relating to the product allegedly offered for 

shipment by S/P Resources, Inc., on or about October 15, 2008. 

— 7-.- —PfQvidc a copy of any and all documertts you contend rcflcet'S/P-RcsomccsrfaKr^ror • 

James Trato's written consent to offer any product for shipment on or about October 15, 

2008. 

8. Provide a copy of any and all documents you contend support your assertion that S/P 

Resources, Inc., and/or James Trato provided you written authorization to ship the 

product. 

9. Provide a copy of any and all documents provided to you by S/P Resources, Inc., and/or 

James Trato in connection with the Product. 

10. Provide a copy of any and all documents that your assertion thai the product was a 
07/28/201 0 15:5 0 FAX 2024935142 FAA - DMS 0008/01 0 

hazardous, flammable produce while stored in your warehouse. 

11. Provide a copy of any and all documents that you provided to the FAA in connection with 

S/P Resources, Inc., or James Trato. 

12. Provide a copy of any and all documents sent or received by Ms. McGowen in connection 

with S/P Resources, Inc., and James Trato. 

13. Provide a copy of any and all documents that suppon your assertion S/P Resources, Inc., 

and/or .Fames Trato hired you to ship any products. 

14. Provide a copy of any and all "Shipper's Certification of Anicles Not Restricted" with 

Air-Sea Forwarders, Inc., that you contend were signed by S/P Resources, Inc., and/or 

James Trato. 

15. Provide a copy of any and all "Shipper's Letter of Instructions" with Air-Sea Forv^^arders, 

Inc., that you contend was signed by S/P Resources, Inc., and/or James Trato, 

16. Provide a copy of any and all labels provided to you by S/P Resources, Inc., and/or James 

Trato. 

17. Provide a copy of any and all documents reflecting your interviews with LaTonza 

McGowen relating to S/P Resources, Inc., and/or James Trato. 

Dated: July 14, 2010 MANNING & MA'ADER 

KASS, ELLROD,,!RAMIREZ LLP 

By: 

, / 

''D, Nissen 

Attorneys for Respondent, S/P Resources, Inc. 
07/28/201 0 15:5 0 FAX 2024935142 FAA + DMS 11009/010 

PROOF OF SERVICE 

1 am employed in the County of Los Angeles, State of California. I am over the age of 18 

and not a party to the within action; my business address is 801 S. Figueroa Street, 15th Floor, 

Los Angeles, California 90017. 

On July 14,2010,1 served the document described as NOTICE OF CONTINUANCE 

OF TAKING DEPOSITION OF CUSTODIAN OF RECORDS/PERSON MOST 

KNOWLEDGEABLE FOR AIR-SEA FORWARDERS, INC. AND REQUEST FOR 

PRODUCTION OF DOCUMENTS AT TIME OF DEPOSITION on all interested parties in 

this action by placing true copies thereof enclosed in sealed envelopes addressed as follows: 

Federal Aviation Administration 

800 Independence Avenue, SW 

Washington, DC 20591 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building - Suite 2W1000 

Courtney Adolph 

Regional Counsel, Westem-Pacific Region 

Office of the Regional Counsel 

AWP-7,4, Federal Aviation Administration 

Westem-Pacific Region 

P.O. Box 92007 

Los Angeles, CA 90009-2007 

-(31Q)725.7J-2& 

(310)725-6816 Fax 

The Honorable Richard C. Goodwin, Administrative Law Judge 

Office of Hearings, M-20 

US- Department of Transportation 

1200 New Jersey Avenue, S.E. 

East Building Ground Floor, Room El2-320 

Washington, D.C. 20590 

(202)366-2139 Attorney-Advisor 

(202)366-5121 Legal Assistant 

(202)366-7536 Fax 

Alan M. Klein 

Law Offices Of Alan M. Klein 

163 11 Ventura Blvd., Suite 1200 

EncinoCA, 91436 

Telephone: 818-986-3141 

Facsimile; 818-986-8141 
07/28/201 0 15:5 0 FAX 2024835142 FAA ^ DMS 0010/01 0 

/// 

13 (BY MAIL) I placed such envelope for collection to be mailed with postage thereon 

prepaid in the United States mail at Los Angeles, California. 

1 am "readily familiar" with the firm's practice of collection and processing 

correspondence for mailing. Under that practice it would be deposited with the U.S. 

postal service on that same day with postage thereon fully prepaid at Los Angeles, 

California in the ordinary course of business. I am aware that on motion of the party 

served, service is presumed invalid if postal cancellation date or postage meter date is 

more than one day after date of deposit for mailing in affidavit. 

C3 (BY OVERNIGHT COURIER): I placed the above-referenced document(s) in (an) 

cnvelope(s) designated by the express service carrier (UPS) for overnight delivery, 

addressed as indicated above. I delivered said UPS envelope to the personnel of our mail 

room. I am "readily famiUar" with the firm's practice of collecting and processing 

documents intended for UPS overnight delivery. Under that practice, after the document 

is delivered to the firm's mail room, it is deposited that same day, with deliveiy fees 

provided for, in a box or other facility regularly maintained by the express service carrier 

or is delivered to an authorized courier or driver authorized by the express service carrier 

to receive documents, for overnight dehvery." 

LJ (BY FACSIMILE) I telecopied such document to the offices of the addressee at the 

above-mentioned fax number. 

L 3 (STATE) I declare under penalty of perjury under the laws of the State of California that 

the above is true and correct. 

Executed on July 14, 2010, at Los Angeles, California 

Mireya