U.S. DEPARTMENT OF TRANSPORTATION R F C P ! V P F l 

OFFICE OF HEARINGS | \l—^ ^ •—k v I^L-f 

WASHINGTON. D.C. JAN 1 P, 2011 

IN THE MATTER OF 

FLIGHTSTAR AIRCRAFT SERVICES, INC. 

FAA DOCKET NO. CP10GL0012 

(Civil Penalty Action) 

l^tEARlNG DOCKET 

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DMSNO. FAA-2010-1076 r '^S^ ^ 

FAA CASE NO. 2008-GL-05-0022 J S^Z: ^ 

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Administrative Law Judge Richard C. Goodwin J^ tr> 

REQUEST FOR DISCOVERY 

Pursuant to Rules 26(b) and 34(a) of the Federal Rules of Civil Procedure, and Section 

13.220 of the Rules of Practice in FAA Civil Penalty Actions Proceedings, the Federal Aviation 

Administration, by counsel, hereby requests that Respondent, within 30 days after service of 

this document, supply the following data: 

INTERROGATORIES 

Interrogatory No. 1: Identify, by providing the name, occupation, and business or 

home address, each person Respondent intends to call as a witness in this proceeding. 

Interrogatory No. 2: Provide a summary of the facts to which each intended witness 

identified in Interrogatory No. 1 is expected to testify, and for each expert identified you 

propose to use as an expert, state the subject matter of his/her testimony and the 

substance of the facts and opinions to which the expert is expected to testify. 

Interrogatory No. 3: Identify any and all documents in the possession of Respondent 

that concern, refer to, or involve the circumstances set forth in the September 24, 2010, 

Final Notice of Proposed Civil Penalty, including but not limited to any documentation 

you have. 
Interrogatory No. 4: State with specificity any fact which Respondent asserts supports 

the allegations it makes in affirmative defense 1. 

Interrogatory No. 5: State with specificity any fact which Respondent asserts supports 

the allegations it makes in affirmative defense 2. 

Interrogatory No. 6: State with specificity any fact which Respondent asserts supports 

the allegations it makes in affirmative defense 3. 

Interrogatory No. 7: State with specificity any and all circumstances surrounding the 

violations that you assert the Agency failed to take into account in determining its final 

proposed civil penalty. 

Interrogatory No. 8: State with specificity any and all facts which you assert support a 

reduction of the proposed civil penalty based upon Respondents ability to pay. 

Interrogatory No. 9: State with specificity any fact which Respondent asserts supports 

the allegations it makes as to reasonable reliance. 

Interrogatory 10: State with specificity any fact which Respondent asserts supports the 

allegations it makes in affirmative defense 8, that the Agency's interpretation of its 

regulation is arbitrary, capricious, and/o an abuse of discretion. 

Interrogatory 11: State with specificity any fact which Respondent asserts supports the 

allegations it makes in affirmative defense 9 that the FAA's interpretation of its 

regulation is unconstitutionally vague, and why you assert this tribunal has jurisdiction 

over that question. 

Interrogatory No. 12: State with specificity any fact which Respondent asserts 

supports the allegations it makes in affirmative defense 10 that the FAA application of 

its Federal Aviation regulation in this case is contrary to the regulations plain language. 

Interrogatory No. 13: If you intend to assert an inability to pay the civil penalty the 

Administrator has proposed to assess, state with specific detail the basis of that 

assertion. 

REQUEST FOR PRODUCTION OF DOCUMENTS 

Request for Production of Documents No. 1: Produce copies of current curricula 

vitae for each expert witness Respondent identified in Interrogatory No. 1. 

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Request for Production of Documents No. 2: Produce copies of any statements in 

your possession made any witnesses, referring to, or involving the circumstances set 

forth in the September 24, 2010, Notice of Proposed Civil Penalty. 

Request for Production of Documents No. 3: Produce copies of all documents and 

other materials that Respondent intends to introduce into evidence. 

Request for Production of Documents No. 4: Produce copies of all documents that 

Respondent identified in Interrogatory No. 3. 

Request for Production of Documents No. 5: Provide any and all documentation in 

Skyway's possession that supports its affirmative defense number 1. 

Request for Production of Documents No. 6: Provide any and all documentation in 

Skyway's possession that supports its affirmative defense number 2. 

Request for Production of Documents No. 7: Provide any and all documentation in 

Skyway's possession that supports its affirmative defense number 3. 

Request for Production of Documents No. 8: Provide any and all documentation in 

Skyway's possession that supports its affirmative defense number 4. 

Request for Production of Documents No. 9: Provide any and all documentation in 

Skyway's possession that supports its affirmative defense number 5. 

Request for Production of Documents No. 10: Provide any and all documentation in 

Skyway's possession that supports its affirmative defense number 6. 

Request for Production of Documents No. 11: Provide any and all documentation in 

Skyway's possession that supports its affirmative defense number 7. 

Request for Production of Documents No. 12: Provide any and all documentation in 

Skyway's possession that supports its affirmative defense number 8. 

Request for Production of Documents No. 13: Provide any and all documentation in 

Skyway's possession that supports its affirmative defense number 9. 

Request for Production of Documents No. 14: Provide any and all documentation in 

Skyway's possession that supports its affirmative defense number 10. 

Request for Production of Documents No. 15: Provide any and all documentation in 

Skyway's possession that supports its affirmative defense number 11. 

Request for Production of Documents No. 16: Provide any and ail documentation in 

Skyway's possession that supports its affirmative defense number 12. 
Request for Production of Documents No. 17 to the extent not provided in 

response to Request for production no. 10 and 11 produce copies of any and all 

evidence you have to support your assertion based on an inability to pay. A Department 

of Justice financial disclosure form is provided to assist you in doing so, should you 

wish to utilize it. 

For the Agency 

Glenn L. Brown 

Senior Attorney 

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FAA Docket CP CP10GL0012 

(Civil Penalty Action) 

SERVICE SHEET 

CERTIFICATE OF SERVICE 

I hereby certify that the foregoing pleading has been mailed this date by Certified Mail, Return 

Receipt Requested, to: 

Original and One Copy: 

Hearing Docket 

Federal Aviation Administration 

800 Independence Avenue, S. W. 

Washington, DC 20591 

Attn: Hearing Docket Clerk 

AGC-430, Wilber Wright Building 

Suite 2W1000 

One Copy: 

Gregory S. Winton, Esq. 

The Aviation Law Firm 

One Research Court, Suite 450 

Rockville, MD 20850 

And via Facsimile 301 294 2525 

Dated this 11th day of January, 2011. 

By: 

Tammy Gardner 

Legal Technician