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Direct Dial: 713-276-5730 

Direct Fax: 713-276-6730 

Email: pmclauchlan@e.ardere.com 

-~ ,-- .-,. ·'" 

. - ~ . ! ~ 

RECEIVED 

I: 4 JUL 3 1 2013 

HEARING DOCKET 

July 30, 2013 

VIA UPS NEXT DAY AIR 

Federal Aviation Administration 

600 Independence Avenue, SW 

Wilbur Wright Building, Suite 2Wl 000 

Washington, D.C. 20591 . 

Attention: Hearing Docket Clerk, AGC-430 

Re: FDMS No. FAA 2013-0286; 2011EA700202; In the Matter of Radio 

Holland USA, Inc.; U.S. Department of Transportation, Office of 

Hearings, Washington, D.C. 

Dear Sir or Madam: 

Please find enclosed the original and (1) one copy of Radio Holland USA, Inc.'s 

First Set of Interrogatories, Request for Production of Documents and Request for 

Admissions to Complainant for filing in the above-referenced matter. I would appreciate 

you returning a date-stamped copy of the document to me in the enclosed self-addressed 

stamped envelope. 

Thank you for your assistance in this matter. If you have any questions or 

concerns, please do not hesitate to contact me. 

PAM:seb 

Enclosure 

GAR&EiRIO'W-Y6W9b!!M4L LLP 

Very truly yours, 

/~d.Ac~ Peter A. McLauchlan 

1000 Louisiana, Suite 3400, Houston, Texas 77002-5011 • 713.276.5500 Phone • 713.276.5555 Fax 

Austin • Dallas • Houston • Mexico City 
U.S. DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

In the Matter of Radio Holland USA, Inc. 

2011EA700202 

FDMS No. F AA-201-3-0286 

Richard C. Goodwin, 

U.S. Administrative Law Judge 

RECEIVED 

JUL 3 1 2013 

HEARING DOCKET 

RADIO HOLLAND USA, INC.'S FIRST SET OF INTERROGATORIES, REQUEST FOR 

PRODUCTION OF DOCUMENTS AND REQUEST FOR ADMISSIONS TO 

COMPLAINANT 

TO: Complainant, by and through its attorney of record, Jeanine C. Gotimer, Attorney at Law, 

Federal AviationAdministration, 1 Aviation Plaza, Jru:naica, New York 11434. 

Pursuant to 14 C.F.R. 13.220 and Rules 33, 34 and Rule 36 of the Federal Rules of Civil 

Procedure, Radio Holland USA, Inc.'s First Set of Interrogatories, Request for Production of 

Documents and Request for Admissions propounded to Complainant. 

Respectfully submitted, 

GARDERE WYNNE SEWELL LL~ / /}_ 

By: 

Peter 

~&.Ac~ A. McLauchlan 

Texas Bar No. 13740900 

Anacarolina Estaba 

Texas Bar No. 24085298 

1000 Louisiana Street, Suite 3400 

Houston, Texas 77002 

Telephone: 713.276.5370 

Facsimile: 713.276.6370 

Email: pmclauchlanla{gardere.com 

Email: aestaba@gardere.com 

ATTORNEYS FOR RESPONDENT, 

RADIO HOLLAND USA, INC. 

1 
CERTIFICATE OF SERVICE 

I, Peter A. McLauchlan, do hereby certify that true and correct copy of the foregoing 

instrument was served upon the following parties as indicated below on this 30th day of July, 

2013: 

VIA UPS NEXT DAY DELIVERY 

Jeanine C. Gotimer 

Attorney at Law 

Federal Aviation Administration 

.. 1 Aviation Plaza 

Jamaica, NY 11434 

VIA UPS NEXT DAY DELIVERY 

The Honorable Richard C. Goodwin 

Administrative Law Judge 

Office ofHearings, M-20 

U.S. Department of Transportation 

1200 New Jersey Avenue, S.E. (E11-310) 

Washington, D.C. 20590 

VIA UPS NEXT DAY DELIVERY 

Federal Aviation Administration (Original and one copy) 

600 Independence Avenue, S.W. 

Washington, D.C. 20591 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building -Suite 2W1 000 

2 

Peter ~d-Ae~ A. McLauchlan 
INTERROGATORIES 

INTERROGATORY NO.1: 

Identify the names, titles, business or home addresses and telephone numbers of each person 

whom the Complainant intends to call as a witness at the hearing of this matter. 

ANSWER: 

INTERROGATORY NO.2: 

Provide the substance -of the testimony tO be offerea by each of said witnesses. 

ANSWER: 

INTERROGATORY NO.3: 

To the extent not encompassed- in your response to Interrogatory Nos. Land 2 above, identify 

and produce statements of all individuals who spoke to, or were Interviewed by, the Complainant 

regarding this matter. 

ANSWER: 

INTERROGATORY NO.4: 

Identify and produce copies of any and all documents on which the Complainant anticipates 

relying, or will rely, in support of the case it will present at the hearing in this matter, including 

but not limited to documents you intend to introduce into evidence. 

ANSWER: 

INTERROGATORY NO.5: 

Please explain the current whereabouts of the Ultra Torch soldering iron confiscated from Radio 

Holland by US Airways' agent, Milton Bazemore and provided to Complainant. 

ANSWER: 

INTERROGATORY NO.6: 

If your answer to Interrogatory No. 5 is that the Ultra Torch soldering iron confiscated from 

Radio Holland and provided to Complainant was destroyed or discarded, please explain why, 

including the name and contact information of the supervisor or authority authorizing its 

destruction or discarded. 

ANSWER: 

3 
INTERROGATORY NO.7: 

Please list any FAA or Federal policy, law, regulation that supports the destruction or disposal of 

hazardous materials confiscated from passengers on board a passenger carrying flight. 

ANSWER: 

INTERROGATORY NO.8: 

If the Ultra Torch soldering iron confiscated by US Airways' agent Bazemore on March 4, 2011 

and proyided to Complainant was not destroyed or discarded by any employee or agent of 

Complainant, please explain which agency or other third party destroyed, discarded or has 

possession of the Ultra Torch. 

INTERROGATORY NO.9: 

Please provide the name and full contact details of the agency or other third party that has 

possession of the Ultra Torch. · 

ANSWER: 

4 
FIRST REQUEST FOR PRODUCTION OF DOCUMENTS 

REQUEST FOR PRODUCTION NO. 1: 

Produce copies of all materials relied upon and/or consulted m responding to these 

interrogatories and requests for admissions. 

RESPONSE: 

REQUEST FOR PRODUCTION NO.2: 

.. Provide copies of ariy plioto"gniphs" or Videos pertaining to ·the Ultra -Torch soldering iron 

confiscated by agent Bazemore and provided to Complainant. 

RESPONSE: 

REQUEST FOR PRODUCTION NO.3: 

Produce copies of any statements from any person whom Complainant or its representative 

interviewed in connection with the instant matter. 

RESPONSE: 

. REQUEST FOR PRODUCTION NO. 4: 

Produce copies of any notes from interviews of any person Complainant or its representative 

interviewed in connection with the instant matter. 

RESPONSE: 

REQUEST FOR PRODUCTION NO. 5: 

Produce copies of all documents upon which Complainant intends to rely at the hearing on this 

matter. 

RESPONSE: 

REQUEST FOR PRODUCTION NO. 6: 

Produce copies of US Airways log provided to the FAA listing the chain of custody of the Ultra 

Torch soldering iron confiscated by US Airways' agent Bazemore and provided to Complainant. 

RESPONSE: 

5 
REQUEST FOR PRODUCTION NO. 8: 

Produce any documents in possession of Complainant provided by US Airways in connection 

with US Airways' confiscation of the Ultra Torch soldering iron. 

RESPONSE: 

REQUEST FOR PRODUCTION NO. 9: 

Produce the Ultra Torch soldering iron which was confiscated by US Airways' agent Bazemore 

and provided to Complainant, for inspection and examination. - . - - -

RESPONSE: 

6 
REQUEST FOR ADMISSIONS 

REQUEST FOR ADMISSION NO. 1: 

After the Ultra Torch soldering iron was confiscated by US Airways, it was destroyed by 

Complainant's agents or individuals at Complainant's direction. 

RESPONSE: 

REQUEST FOR ADMISSION NO. 2: 

-·- ··---- -··· 

After the Ultra Torch soldering iron was confiscated by US Airways, it was discarded -by 

Complainant's agents or individuals at Complainant's direction. 

RESPONSE: 

REQUEST FOR ADMISSION NO. 3: 

Complainant's agents or employees were not given consent by Respondent or Respondent's 

employees to destroy the Ultra Torch soldering iron which was left in Complainant's custody or 

possessiOn. 

RESPONSE: 

REQUEST FOR ADMISSION NO.4: 

Complainant's agents or employees were not given consent by Respondent or Respondent's 

employees to discard the Ultra Torch soldering iron which was left in Complainant's custody. 

RESPONSE: 

REQUEST FOR ADMISSION NO. 5: 

Admit that Agent Louis Fernandez did not perform any tests to determine whether the Ultra 

Torch confiscated by US Aiways' agent Bazemore actually contained a flammable gas. 

RESPONSE:. 

REQUEST FOR ADMISSION NO.6: 

Admit that a passenger flying on a passenger carrying flight can check in a luggage or in a carry 

on a lighter containing up to 3 cc of butane. 

RESPONSE: 

7 
REQUEST FOR ADMISSION NO. 8: 

Admit that a passenger flying on a passenger carrying flight can check in a luggage or in a carry 

on a cordless curling iron with a cartridge containing up to 14 cc of butane. 

RESPONSE: 

REQUEST FOR ADMISSION NO. 9: 

Admit that at the deposition of Agent Louis Fernandez on July 25, 2013, he was not able to 

ignite an Ultra Torch soldering iron containing butane fuel. _ 

RESPONSE: 

8 

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