MICHAEL L. DWORKIN #64047 

MICHAEL L. DWORKIN and ASSOCIATES 

465 California Street, Suite 210 RECI=I\IED 

San Francisco, California 94104 

Telephone: (415) 421-2500 

Facsimile: (415) 421-2560 

Email: law@avialex.com 

MAR 2. 7 2013 

HEARlNG DOCKET 

Attorneys for MARTINAIRE AVIATION, LLC 

In the Matter of: 

UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

FAA Case No. 2011SW700189 

FDMS No. FAA-2013-0040 

MARTINAIRE AVIATION, LLC MARTINAIRE AVIATION, LLC'S 

NOTICE OF DEPOSITION AND 

REQUEST FOR PRODUCTION OF 

DOCUMENTS AND THINGS 

Judge: Honorable Richard C. Goodwin 

NOTICE OF DEPOSITION AND REQUEST FOR PRODUCTION OF DOCUMENTS 

To: Eric E. Anderson, Esq. 

Regional Counsel 

and 

James Archier, Esq. 

Agency Attorney 

Federal Aviation Administration 

Office of Regional Counsel 

Southwest Region, ASW-7 

2601 Meacham Boulevard, Suite 6E 

Fort Worth, TX 76137 

FAX: (817) 222-5092 

PLEASE TAKE NOTICE that the Respondent, Martinaire Aviation LLC will take the 
oral deposition of the persons specified below, at the dates, times, and place specified for all 

purposes permitted by the Rules of Practice, Part 13, Subpart G, of the Federal Aviation 

Regulations, 14 CFR Sections 13 .220(b) and G). 

DEPONENT: The Complainant's Person Most Knowledgeable 

TOPIC OF KNOWLEDGE: The existence, description, nature, custody, condition, and 

location of any document or other tangible item and the identify and 

location of any person having lmowledge of Complainant's purpose for 

seeking a $206,550.00 penalty in this action. 

DATE/TIME: 10:30 am 

LOCATION: Sunbelt Reporting Services 

15150 Preston Road, Suite 300, Addison, Texas 75001 

Telephone: (972) 401-9732 

DEPONENT: The Complainant's Person Most Knowledgeable 

TOPIC OF KNOWLEDGE: The existence, description, nature, custody, condition, and 

location of any document or other tangible item and the identify and 

location of any person having knowledge of Complainant's basis for 

calculating a civil penalty in the amount of $206,550.00, as sought in this 

action. 

DATE/TIME: 11:30 am 

LOCATION: Sunbelt Reporting Services 

15150 Preston Road, Suite 300, Addison, Texas 75001 

Telephone: (972) 401-9732 

DEPONENT: The Complainant's Person Most Knowledgeable 

TOPIC OF KNOWLEDGE: The manner in which Complainant determined that a 

$206,550.00 penalty is reasonable and appropriate in this matter. 

DATE/TIME: 1:30am 

LOCATION: Sunbelt Reporting Services 

15150 Preston Road, Suite 300, Addison, Texas 75001 

Telephone: (972) 401-9732 

DEPONENT: The Complainant's Person Most Knowledgeable 

TOPIC OF KNOWLEDGE: The purpose and intent of 49 CFR Section 175.31, Shipping 

paper and notification of pilot-in-command, as it applies to this matter, 

specifically the purpose and ends that a notification of pilot-in-command 

is intended to serve. 

DATE/TIME: 2:30am 

LOCATION: Sunbelt Reporting Services 

15150 Preston Road, Suite 300, Addison, Texas 75001 

Telephone: (972) 401-9732 

Said Deponents are required to produce for inspection and copying by Respondent, at the 

FAA Case No. 2011SW700189/FDMS No. FAA-2013-0040 

MARTINAIRE A VlA TION, LLC'S NOTICE OF DEPOSITION 

AND REQUEST FOR PRODUCTION OF DOCUMENTS AND THINGS 

Page2 
time and place of said deposition, the following documents: 

I. A current curriculum vitae. 

2. All writings or documents reflecting date and purpose of initial involvement in this 

matter. 

3. Writings recorded memorializing: 

a. Correspondence and communications with Federal Aviation Administration 

agents and employees. 

b. Correspondence and communications with Respondent. 

c. Correspondence and communications with third parties relating to or obtained in 

expectation of this matter. 

4. All raw data upon which Complainant's conclusions and opinions about the 

appropriateness of the civil penalty in this matter are based. 

5. Copies of all writings, texts, treatises, books, articles, legal opinions, orders, advisory 

circulars, statutes, regulations or other publications or sources of information 

Complainant has reviewed, examined and/or relied upon in formulating opinions and 

conclusions as to the appropriateness ofthe civil penalty in this matter. 

6. All financial documents generated or received by Complainant in connection with the 

calculation of the civil penalty in this matter. 

7. All reports and notes prepared by Complainant during the course of Complainant's 

review of materials, interviews with witnesses, Federal and State employees, including 

but not limited to the NTSB, the FAA, investigators, technicians, and Respondent 

representatives. 

8. Any other writings generated by Deponents in connection with this matter. 

FAA Case No. 2011SW700189/FDMS No. FAA-2013-0040 

MARTlNAffiE AVIATION, LLC'S NOTICE OF DEPOSITION 

AND REQUEST FOR PRODUCTION OF DOCUMENTS AND THINGS 

Page3 
The undersigned will take the discovery depositions ofthe above-named deponents 

before a court reporter in the city of Addison, Texas on the 14th day of May, 2013. The 

depositions will begin at 1 0:30am and continue until finished. The depositions will take place at 

Sunbelt Reporting Services located at 15150 Preston Road, Suite 300, Addison, Texas 75001. 

You are required to be present and ready with the requested documents for reviewing and 

copying at the dates, time, and place for oral examination. 

FAA Case No. 2011SW700189/FDMS No. FAA-2013-0040 

MARTINAIRE AVIATION, LLC'S NOTICE OF DEPOSITION 

AND REQUEST FOR PRODUCTION OF DOCUMENTS AND TIDNGS 

Page 4 
CERTIFICATE OF SERVICE 

The undersigned hereby certifies that on thisgQ day of March 2013, a true and correct 

copy of the foregoing MARTINAIRE AVIATION, LLC'S NOTICE OF DEPOSITION 

AND REQUEST FOR PRODUCTION OF DOCUMENTS AND THINGS was served as 

follows: 

Federal Aviation Administration 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building- Suite 2W1 000 

800 Independence Avenue SW 

Washington, DC 20591 

(Original plus one copy) 

{Federal Express} 

The Honorable Richard C. Goodwin 

Administrative Law Judge 

Office of Hearings, M-20 

Department of Transportation 

1200 New Jersey Avenue, S.W. 

Washington, DC 20590 

FAX: 1-202-366-7536 

{FAX and Federal Express} 

James Archier, Esq. 

Federal Aviation Administration 

Office of the Regional Counsel 

Southwest Region, ASW-7 

2601 Meacham Boulevard, Suite 6E 

Fort Worth, TX 76137 

FAX: 1-817-222-5092 

{FAX and Federal Express} 

Caitlin M. Miller 

FAA Case No. 20llSW700189/FDMS No. FAA-2013-0040 

MARTINA IRE AVIATION, LLC'S NOTICE OF DEPOSITION 

AND REQUEST FOR PRODUCTION OF DOCUMENTS AND THINGS 

Page 5