## 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) Lexmark P 

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AGENCY'S MOTIONS TO DEEM REQUESTS FORADMISSION ADMITTED AND FOR AN ORDER COMPELLING RESPONSES TO INTERROGATORIES AND REQUESTS FOR PRODUCTION The Complainantmoves for an Order deeming admitted each ofthe 25 Requests for Admission served on Christine Cloud bymail on October 8, 2014. The basis for this motion is thatMs. Cloud failed to respond to these requests within 30 days 1 ofthe date on which they were served. 

### In accordance with§ 13.2200)(1) ofthe Rules ofPractice 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 ofthe truth ofthe statement or statement contained in each request. This motion isbased onthe following facts: 1. Complainant served Complainant's First Set ofRequests for Admission, Interrogatories, and Requests for Production ofDocuments on Ms. Cloud by certified mail, returnreceipt requested, on October 8, 2014.' Included onthe first page ofthis request is an advisement regarding§ 13.220(1)(1). 2. Included with Complainant's discoveryrequests was a cover letterthat briefly explains the discovery process, gives an example ofhowthe Requests for Admission could be answered, and advises that each must be deemed admitted ifshe doesn'trespond within 35 days. Exhibit A is a copy ofthis 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. zThe original and a copy were served on the Heming Docket, and a copy was served on the Elssigned administrative lawjudge as well. I

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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 notbeen claimed. Exhibit B is 

### acopy ofthis envelope as received. 4. On October21, 2014, Complainantreserved 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 thatthe 30-dayperiod specifiedin§ 13.220(1)(1) began on October 8, 2014. Exhibit C is a copy ofthis letter. 5. To date the copy ofthe above discovery request served byregular mail on October21, 2014, has not beenreturned by the US Postal Service. 

### 6. To date Ms. Cloudhas not responded in any manner to the above discovery requests. Based onthese 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 onthe above facts, Ms. Cloudhas failed or refused to answer interrogatories and to produce documents ortangible items. Pursuant

### to 

### § 13.220(m), therefore, Complaint moves 

### for
an Order compelling Ms. Cloud to answer the interrogatories propounded andproduce the matters requested in the discovery request served on October 

### 8, 2014. Respectfully submittedthis 21st day ofNovember 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 ofthe AGENCY'S MOTIONS TO DEEM REQUESTS FOR ADMISSION ADMITTED AND FORAN 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 LawJudge Office ofHearings, M-20 US Department ofTransportation 1200 NewJersey Avenue, S.E. (Ell-310 Washington, DC 20590 FAX: (202) 366-7536 Christine Cloud (certified mail only) 12661 TanadaCircle, Apt. 2 Anchorage, AK 99515 I further certify that onthis date I have served the original and two copies ofthe AGENCY'S MOTIONS TO DEEM REQUESTS FORADMISSION ADMITTED AND FOR AN ORDER COMPELLING RESPONSES TO INTERROGATORIES AND REQUESTS FOR PRODUCTION bypostage-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 WilburWright Building-Suite 2W1000 FAX: (202) 493-5020 DATED: 

# .-:fo-v-.**:J.~** .::ztJJi-f

Federal Aviation Administration Office ofRegional Counsel 222 West 7th Avenue, Box 14, AAL-7 Anchorage, Alaska 99513-7587



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## 2014-11-21 08:54

U. S. Deportment ofTransportu.tion 

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Alaskan Region Office ofthe Regionat Counsel 

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222 W. 7thAvenue #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 ourDiscovery 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 ofPractice. I enclosed a copy ofthese Rules inmyletter to you dated September 26, 2014. These Rules authorize youto serve a discovery request onus. As you will see from reading§ 13.220, there are a number ofmeans for conducting discovery. The enclosed request includes requests ofadmission, interrogatories, and requests for production ofdocuments. To respond to ourrequests for admission, you must state 

### inwriting whether you admit or deny each numbered statement. Ifyou disagree with a portion ofa numbered statement, then you mayindicate what you agree with 

### and what you don't. For instance, ifyou agree the shipment included Jetboil but notthe bear spray, you could respond to Requestfor Admission No.4 by saying "Admit with respect to the Jetboil. Denythe shipment contained bear spray." Please note that for eachrequest for admission that you do not admit, Interrogatory and Request for ProductionNo. 1 requires you to identify the facts you are denying, state all facts onwhich your denial isbased, andproduce all documents that support these beliefs. There is no prescribed format for your written response, butit must be clear which ofthe requests you are admitting and which you are denying. · Under the Rules, ifyou do not respond to the Request for Admission within 35 days ofthe date we mail them to you, the Judge must deem them admitted.

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### In addition to the four exhibits referenced in the requests, I'm also enclosing a copy ofthe return receipt showing when you received the February 22, 2013, letter ofinvestigation (Exhibit C) as 

### well as copies ofthe regulations involved inthe case. Applicable definitions are found in § 171.8. All 

### ofthe 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. Ifyou have any questions orwant to meet and discuss, my direct line and email address are shown above. Sincerely,

# 2&~ Senior 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!: 

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## 2014-11-21 08:56

U. S. Department ofTransportation Fc:deral Aviation Administration 

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## OCT 21 2014

Christine Cloud 12661 Tanada Circle, Apt. 2 Pulchorage,AJ( 99515 

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Alaskan Region Office ofthe Rl'lgionnl Counsel 

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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 containthem 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 

### ofservice 

### is the date of

### the postmark. Thus, 

### the 30-dayperiod 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 ofthe 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 ofpages (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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