2014-11-21 08:54 ARCALROLEG02 9072712800 » 

UNITED STATES DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

IN THE MATTER OF 

CHRISTINE CLOUD 

FDMS NO. FAA-2014-0321 

(Civil Penalty Action) 

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AGENCY'S MOTIONS TO DEEM REQUESTS FOR ADMISSION ADMITTED AND 

FOR AN ORDER COMPELLING RESPONSES TO INTERROGATORIES AND 

REQUESTS FOR PRODUCTION 

The Complainant moves for an Order deeming admitted each of the 25 Requests for 

Admission served on Christine Cloud by mail on October 8, 2014. The basis for this motion is 

that Ms. Cloud failed to respond to these requests within 30 days1 of the date on which they were 

served. In accordance with§ 13.2200)(1) of the Rules of Practice in FAA Civil Penalty Actions, 

14 C.F.R. Part 13, Subpart G, a party's failure to respond in writing to a request for admission is 

deemed an admission of the truth of the statement or statement contained in each request. This 

motion is based on the following facts: 

1. Complainant served Complainant's First Set of Requests for Admission, Interrogatories, 

and Requests for Production of Documents on Ms. Cloud by certified mail, return receipt 

requested, on October 8, 2014.' Included on the first page of this request is an advisement 

regarding§ 13.220(1)(1). 

2. Included with Complainant's discovery requests was a cover letter that briefly explains 

the discovery process, gives an example of how the Requests for Admission could be answered, 

and advises that each must be deemed admitted if she doesn't respond within 35 days. Exhibit A 

is a copy of this letter. 

1 Because the discovery request was served by mail, Respondent had an additional five days. 14 C.P.R. § 13211(e) 

in which to respond. 

z The original and a copy were served on the Heming Docket, and a copy was served on the Elssigned administrative 

law judge as well. 

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3. On October 20, 2014, the US Postal Service returned the envelope containing the above 

discovery requests with notations indicating it had not been claimed. Exhibit B is a copy of this 

envelope as received. 

4. On October 21, 2014, Complainant reserved the above discovery request and cover letter 

with exhibits on Ms. Cloud by regular maiL This was accompanied by another cover letter in 

which she is advised that the 30-day period specified in§ 13.220(1)(1) began on October 8, 2014. 

Exhibit C is a copy of this letter. 

5. To date the copy of the above discovery request served by regular mail on October 21, 

2014, has not been returned by the US Postal Service. 

6. To date Ms. Cloud has not responded in any manner to the above discovery requests. 

Based on these facts, unless Ms. Cloud shows that her failure to respond was due to 

circumstances beyond her control, each request for admission must be deemed admitted. 

Also based on the above facts, Ms. Cloud has failed or refused to answer interrogatories and to 

produce documents or tangible items. Pursuant to § 13.220(m), therefore, Complaint moves for 

an Order compelling Ms. Cloud to answer the interrogatories propounded and produce the 

matters requested in the discovery request served on October 8, 2014. 

Respectfully submitted this 21st day of November 2014. 

HOWARD L. MARTIN, JR 

Regional Counsel 

By:m~ Glenn H. Brown 

Attorney 

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CERTIFICATE OF SERVICE 

Re: Christine Cloud 

FDMS No. FAA-2014-0321 

I hereby certify that on this date I have served a copy of the AGENCY'S MOTIONS TO DEEM 

REQUESTS FOR ADMISSION ADMITTED AND FOR AN ORDER COMPELLING 

RESPONSES TO INTERROGATORIES AND REQUESTS FOR PRODUCTION by postageprepaid, certified mail, return receipt requested and facsimile transmission to the following: 

The Honorable Richard C. Goodwin 

Administrative Law Judge 

Office of Hearings, M-20 

US Department of Transportation 

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

Washington, DC 20590 

FAX: (202) 366-7536 

Christine Cloud (certified mail only) 

12661 Tanada Circle, Apt. 2 

Anchorage, AK 99515 

I further certify that on this date I have served the original and two copies of the AGENCY'S 

MOTIONS TO DEEM REQUESTS FOR ADMISSION ADMITTED AND FOR AN ORDER 

COMPELLING RESPONSES TO INTERROGATORIES AND REQUESTS FOR 

PRODUCTION by postage-prepaid, certified mail, return receipt requested and facsimile, 

addressed as follows: 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Washington, DC 20591 

ATTN: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building-Suite 2W1000 

FAX: (202) 493-5020 

DATED: .-:fo-v-. :J.~ .::ztJJi-f 

Federal Aviation Administration 

Office of Regional Counsel 

222 West 7th Avenue, Box 14, AAL-7 

Anchorage, Alaska 99513-7587 

3 
2014-11-21 08:54 

U. S. Deportment 

ofTransportu.tion 

ARCALROLEG02 9072712800 » 

Alaskan Region 

Office of the Regionat Counsel 

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222 W. 7th Avenue #14 

Anchorage. Alosko 99513·7587 

Fo~ora1 Aviation PH: (907) 271-5271 

Admln!otrntlon FAX: (907) 271·2800 

OCT 8 2014 

CERTIFIED MAIL-RETURN RECEIPT REQUESTED 

Christine Cloud 

12661 Tanada Circle, Apt. 2 

Aulchorage,AJ{ 99515 

Email: glenn.broWil@fim.gov 

Re: In the Matter of Christine Cloud, FDMS No. FAA-2014-0321 

Dear Ms. Cloud: 

Enclosed is our Discovery Request. 

Discovery is a process a party may use to find out what evidence and contentions the other party 

in a proceeding intends to offer at the hearing. In this proceeding it is authorized by§ 13.220 of 

the Rules of Practice. I enclosed a copy of these Rules in my letter to you dated September 26, 

2014. These Rules authorize you to serve a discovery request on us. 

As you will see from reading§ 13.220, there are a number of means for conducting discovery. 

The enclosed request includes requests of admission, interrogatories, and requests for production 

of documents. To respond to our requests for admission, you must state in writing whether you 

admit or deny each numbered statement. If you disagree with a portion of a numbered statement, 

then you may indicate what you agree with and what you don't. For instance, if you agree the 

shipment included Jetboil but not the bear spray, you could respond to Request for Admission 

No.4 by saying "Admit with respect to the Jetboil. Deny the shipment contained bear spray." 

Please note that for each request for admission that you do not admit, Interrogatory and Request 

for Production No. 1 requires you to identify the facts you are denying, state all facts on which 

your denial is based, and produce all documents that support these beliefs. There is no prescribed 

format for your written response, but it must be clear which of the requests you are admitting and 

which you are denying. · 

Under the Rules, if you do not respond to the Request for Admission within 35 days of the date 

we mail them to you, the Judge must deem them admitted. 
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2 

In addition to the four exhibits referenced in the requests, I'm also enclosing a copy of the return 

receipt showing when you received the February 22, 2013, letter ofinvestigation (Exhibit C) as 

well as copies of the regulations involved in the case. Applicable definitions are found in 

§ 171.8. All of the Hazardous Materials Regulations are available on line at the following cite: 

htto://www.gpo.gov/fdsyslbrowse/collectionCfr.action?collectionCode=CFR You need to select 

the year 2012 for the regulations that were effective when the shipment was offered in February 

2013. You'll have to click through several screens, but they are in Title 49. They are parts 171-

178. 

We are still happy to meet and infonnally discuss this case with you at a mutually convenient 

time. 

If you have any questions or want to meet and discuss, my direct line and email address are 

shown above. 

Sincerely, 

Senior 

2&~ Attorney 

Enclosures 
2014-11-21 08:55 ARCALROLEG02 

I 

Chrl•tln~ C::loull 

liOt;IT .. I!ada C!rth,, Apt, 2 

AnehOI'IH!f',AJ\: lj9!11!: 

9072712800 » Lexmark P 7/8 
2014-11-21 08:56 

U. S. Department 

of Transportation 

Fc:deral Aviation 

Administration 

ARCALROLEG02 

OCT 21 2014 

Christine Cloud 

12661 Tanada Circle, Apt. 2 

Pulchorage,AJ( 99515 

9072712800 » 

Alaskan Region 

Office ofthe Rl'lgionnl Counsel 

Lexmark P 8/8 

222 W. 7th Avenue #14 

Anchorage, Alaska 99513·7587 

PH; (907) 271-5271 

FAX' (907)271-2800 

Email; glenn.brown@fna..gov 

Re: In the Matter of Christine Cloud, FDMS No. FAA-2014-0321 

Dear Ms. Cloud: 

Enclosed are the cover letter and our discovery request with exhibits that were served on you by 

certified mail on October 8, 2014. The envelope contain them was returned to us on October 20, 

2014, because you did not claim it. 

Please be advised that§ 13.211(b) authorizes service by mail, and subsection (d) provides that 

the date of service is the date of the postmark. Thus, the 30-day period specified in§ 13.220(1)(1) 

for responding began on October 8, 2014. 

Sincerely, 

Jtlfl_ 

Glenn H. Brown 

Senior Attorney 

Enclosure 
2014-11-21 08:54 ARCALROLEG02 9072712800 » 

FEDERAL AVIATION ADMINISTRATION 

Alaskan Region 

Office of the Regional Counsel 

222 West Seventh Avenue, Box 14 

Anchorage, Alaska 99513 

PH: (907) 271-5269 FAX: (907) 271-2800 

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FACSIMILE TRANSMISSION COVER SHEET 

TO: Judge Richard C. Goodwin 

Hearing Docket Clerk 

FAX No: (202) 366-7536 

(202) 493-5020 

FROM: Glenn H. Brown, Esq. 

RE: Christine Cloud 

FDMS No. FAA-2014-0321 

Number of pages (not including this cover sheet): - 7 • 

Agency's Motions to Deem Requests for Admission Admitted and for an Order Compelling 

Responses to Interrogatories and Requests for Production 

RECEIVED 

NOV 2 1 2014 

HEARING DOCKET 

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