• , • u.,} r I\Il, 2024935142 FAA -t OMS 	 @002/ 

UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 


OFFICE OF HEARINGS 


WASHINGTON, D.C. 


1. RANDOLPHBABBIT, Administrator, 

federal Aviation Administration, 

Complainant, 

CITY OF BRIDGEPORT, CONNECTICUT, 

Respondent. 

Docket No. CP09NEOOO I 

AdministfMive Law Judge 

Isaac D. Benkin 

Date: March 30, 2010 

COMPLAINANT'S MOTION TQ. COMPEL 

The Federal Aviation Administration ("FAA"), through counsd, moves, pursuant to 

§13.220(m) or the Rules ofPraclice in FAA Civil Pen<.illy Actio!l$ (14 C.F.R. l3.220(m)) and 

Rule 37(a)(2) of the Federal RuJesofCivil Procedures, that thl:: DOT administrative law 

judge issue an order compelling Respondent to answer unanswered interrogatories and 

requesls for production of documents for the following stated reasons: 

1. 	 On February 12,2010, Complainant served its First Sel oflntcrrogatories and 

Request for Production of Document~ consisting of fourteen requests. (Copy attached 

as exhibit A). 

2. 	 To date, R~spondent has failed to answer or object to Complainant's discovery 

requests. 
· ,," .. v.:4t1:J5142 FAA 	 -t OMS 

3. 	 On March 23, 2010, and again on March 25, 2010, Complainant, through counsel, 

requested in good faith complete answers to discovery by March 29, 2010. (Ex.hibit 

B). 

4. 	 Neveltheless, a~ of the date ofthis Motion, Respomltml has failed to answer or objt:ct 

to Complainant's discovery requests. 

WHBREFORE, Complaina.nt respectfully requests: 

(A) The i:i~uanQe of an Order compelling Respondent to frilly and completely respond to 

Complainant's First Set oflnterrogatorics and R(;(.luest for Production, dared 

February 12,2010, within fifteen (15) days; and 

(B) The issuance of an Order suppressing all evidence ::iouglit to be introduced by 

Respondent at the June to, 201() hearing, unlcss it has heen provided in rCSpOn!)ll tu 

Complainant's discovery requests within fifteen (15) days. 

Respeclfully Submitted. 

I 

IN R. DONNELLY, Senior 1\ 

ederal Aviation Administration 

Office of Regional Counsel 

12 New England Executive Park 

Burlington, MA 01803·5299 

Tel: 781-238-7045 

Fax: 781-238-7055 

Email: John.l)onnclly~lH}m.g;()v 

March 30, 2010 

2 

..... ------~ 

04/08/2010 14:35 FAX 2024935142 FAA .. DMS ~0041012 ~ 

CDR1]FICATF. Or SERVICE 

I herehy certify that today, March 30. 2010, I have sent via Federal Express and Facsimile an 

original ofComplainant's Motion To Compel Discovery in the matter of FAA v. City 9.f 

Bridgeport, Connecticut, FAA Docket No. CP09NEOOOI addressed to the following: 

The Honorable Isaac D. Bcnkin 

Administrative Law Judge 

Oflicc ofHearings, M-20 

U.S. Department ofTransportatioll 

1200 New Jersey Ave., S.B. 

Washington, D.C. 20590 

Fax: (202) 366-7536 

Mr. Richard G. Kascak, Jr. 

Associate City Attorney 

Office· ofthe City Attorney 

999 Broad Street, 2nd Floor 

Bddgeport, Connecticut 06604-4328 

Fax: (203) 576·8252 

I also certIfy thattoday, March 30, 2010, I have sent via Certified Mail-Return R~l;eipl 

Requested and U.S. First Class Mail, a copy of said document addressed to the following: 

. Hearing Docket Clerk .. ACrC-430 

federal Aviation Administration 

Wilbur Wright Building-Suite 2Wl 000 

800 Independence Avenue, SW 

Washington, DC 20591 

~~ DONNA SORENSEN Dated: March 30, 2010 

Program Analyst 

3 

--------+-O-MS-------"-@-0-05-/-01-2~-~ 

04/08/2010 14:35 FAX 2024835142 FAA 

U.S 	 Department New England Region 12 New E'ngland e.eclltive Pilrk 

of TrcnSp0rToti Office of the Regional Counsel Burlil\~Mn. MA 0180:3..5298 '" 

Feder,,1 AviaUon Telephone: (781) 236·701\5 Administration FAX: 	 (781)238·7055 

february] 2, 20,] 0 

E.~'pERAL EXPRESS AND FACSIMILE (2Q~lJ.p_tt-7536 

The Honorable Isaac D. Benkin 


Administrative Law Judge 


Office of Hearings, M-20 


U.S. Department of Transportation 


1200 New Jersey Ave., S.E. 


Washington, D.C. 20590 


RE: Federal Aviation Administration v. Ci~~' ofBridgeport. COl/nee/few 

Docket No. CP09NBOOO 1 

Dear Judge Henkin: 

Enclosed, please find a copy of the Complainant's First Set of Intel'rogatories and 

Request for Production in the above-captioned Civil Penalty Action. which were served 


on the City of Bridgeport on February 12, 20 Io~ 

Sincerely. 


;;qL1\7 

C//JOI-I N R. DONNELLY 

I Sl.:nior Allomey L:.-.. .' . 

cc: 	Richard Kascak, Jr., Esquire 


Hearing Docket 
 ( 

, 

j 

. 

• ) 
U4/0H/2010 14:35 FAX 2024935142 FAA .. OMS ~OOB/012 ~ 

UNITED STATES OF AMERlCA 

DEPARTMENT OF TRANSPORTATION 


OFFICE OF HEARlNGS 


WASHINGTON, D.C. 


J. RANDOLPH RABBIT, Administrator, 

Federal A vialiOl1 ·Administration, 

Complainant, 

v. 

CIT'''' OF BRIDGEPORT, CONNr.:CTICUT, 

Re~pondent 

Docket No. CP09N EOOO I 

Administrative Law Judg.: 

Isaac D. Benkin 

Date: Ft::bruary J2, 20 10 

COMPLAINANT'S FIRST SET OF INTERROGATORrE~ 

AND REQUEST FOR PRODUCTION OF POCUMENTS 


Pursuant to 14 C.F.R. ParL 13.220 or-the RlIle~ ofPr3cticc for FAA Civil Penalty Actioll:S. thc..: 

ComplainanL rt!quests that the Respondent, within l5 days of service, answer the {()l1owing 

interrogmories and produce copies of the requested documents. 

INTERROGATORIES AND REQUESTS FOJ~...PRODUCTjON 

( I) Identify each person answering or assistil1g in the preparation of answers to these 

i nterrogalori C~. 

I)) Identify each person Respondent intel1d~ to call as a witness concerning the comph-l.int in this 

matt(:l'. 
.. OMS @007/012 04/08/2010 14:35 FAX 2024935142 FAA 

(3) Pn)Vide a ~lImm;try of the facLs and opinions to which each intended witness is 

expected to lestify, 

(4) Provide copies of all statements made by each of Respondent's intended 

witnesses relative to the allegations at issue in t1115 proceeding, 

(5) Provide (Jopies of all document::;, photographs or other evidence which R<.:spondem 

intends to introduce at hearing. 

(6) Please pTovide a brief ::';l1l11mary of all proposed allirmative defen~es and the t~1c111al and 

legal ba:;is lor each, 
v./vo/tUIU 14:~5 FAX 2024835142 FAA 	 .;. OMS ~008/012 

I) Paragraph 23. 

m) Paragraph 24_ 

n) Paragraph 25. 

0) Paragraph 26, 

p) Paragraph 27. 

q) Paragraph 28. 

( I 0) 	Pkws~ provide a detailed summary of and COPlt:S of all pertinent documents regarding 

Respondent'!' "ahility to pay" a civil penalty ifimposed. 

( I J) 	 Please provide written documentation of any air can-ier service that has openited from 

Sikorsky Memorial Airport (BDR), Stratford, Connecticut from 199 I to present Please 

include dates said air carner service began and ended, and tully dcsclibe the !lame and 

lype of air earlier service, total number ofpassengers enplaned, etc. 

( J 2) 	 Please state exactly why the City of Bridgeport needs a Part 139 Airport 

Operating Certificate. 

( 13) 	Plca::;c provide any written evidence Rcsp-ondent has that ail' carrier service will begin at 

BDR in the ne>;.t live years. 

4 
v~/VOI,VIO 14:35 FAX 2024935142 FAA -t OMS ~008/012 .~ 

(14) PlcaSt! identify any and all corrective actions Respondent took to address the ParI 

139 discrepancies identitied by the FAA's airpol1 cert1t1cation and safety 

inspection of BDR conductt!d on March 29 and 30, 2007, and state the date rhost: 

cOlTections weremadc. 

R';Spcclfull) Submitted. 

Ee eral Aviation Administratiol 

/Office of Regional Counsel / 

12 New England Bxecutive 

Burlington, MA 01803·529 

ark 

Tel: 781·238-7045 

Fax: 7'1, 1-23&~7055 

Hmail: J.91l11.Donndly(tllnHl.g(~y 

February '2, 2010 

.!'-= ~····&Jr R. DONNELLY. Senior A t~ey 

5 

V4/0~/2010 + OMS 141010/012 14:38 FAX 2024935142 FAA 

I hereby certify thaI today, ticbrllary 12,2010.1 have sent via Federal Express and 

Facsimile an original of the Complainant's First Set oflnterrogatorit:s and Request for 

Prodllction or Do(.;uments in [he matter offaA Vo City ofBridgepol1, Connecticul, FAA Docket 

No. C'P09NEOOO 1 ,addressed to tliC following: 

The Honorable Isaac D. Benkill 

Administrative Law Judge 

Office of Hearings, M-20 

U.S. Department of TransporLatioll 

1200 New Jersey Ave., S.E. 

Washington, D.C. 20590 

Fax: (202)366-7536 

Mr. Richard G. Kascak, Jr. 

As::.ociate City Altol11t':y 

Office ofLhe City Anomey 

999 Broad Street, 211d Floor 

Bridgeport, COllllCCtiCtlt 06604·4328 

Fax: (203) 576-8252 

I abo certify thai today, February 12,2010, I have stmt vi<1 Certified Mail-Retum Receipt 

Rcque~ted and U.S. First Class Mail, a copy ofsaid document addressed to the following: 

Healing Docket Clerk, AOC-430 

rederal Aviation Administration 

Wilbur Wright Building-Suite 2WIOOO 

800 Independence A venue, SW 

Washington, DC 20591 

/5/

--*' -­ DONNA SORENSEN Dated: February 1 2, 20 1 0 

Program Analyst 
04/08/2010 14:38 FAX 2024935142 FAA 141 011/012 

FAA. v. BridgepOI1 

John Donnelly to: richard.kascak 03/23/2Cl10 10:38 AM 

ANE.007, Office of Regional Counsel 

From: John DonneJly/ANElFAA 

To: richard.kascak@bridgepoTtct.goll 

Dear Attorney Kascak: Please advise me as to the status of the following: 

,. Discovery: Please recall that the FAA propounded its First Set of Interrogatories and Request for 

Production on February 12,2010. and requested answers within 15 days. It has now been over 40 days 

and we have not received answers. If the FAA does not receive complete answers by Monda)I, March 

29.2010. we will be left with no choice but to tile a Motion to Compel with Judge Senkin. 

2. Settlement: The FAA has made several settlement offers to the City in good faith (dated September 3, 

2009, and January 27, 2010). As a furthercounesy. on February 17.2010.1 personally provided you 

with my rationale and believed benefits to settling in writing and asked that if your clients have any specific 

concerns regarding the proposed terms of the most recent settfement offer to please put them io writing to 

me as soon as possible. To date. the FAA has not received any feedback from the City whatsoever. 

Accordingly, if the City does not accept the FAA's settlement offer daled, January 27,2010, no laler than 

April 7, 2010. the FAA will assume that it has been rejected and il will be permanently withdrawn. 

Thank you for your courtesy. I look forward to hearing from you. 

Sincerely, 

John R Donnelly 


FAA Senior Attorney 


New England Region (ANE·7. 


(781) 238-7045 

.­
04/08/2010 14:38 FAX 2024935142 FAA 	 .. OMS ~012/012 

.,~ 

U,S, Deportment 

of Transportation New England Region 

1? New England Executive Park 

9urlingt(ln, MA 0180:, 

Federal Aviation 

Administration 

March 25,2010 

fG:Q.l3RAL EXPRESS MAIL 

Richard G. Kascak, Jr., Esq. 

Associate City Attorney 

City of Bridgeport 

999 Broad Street 

Bridgepm1, CT 06604-4328 

Re: FAA v. Cjty of Bridgeport, DOT D~)(;kct No. CP09NEOOOl 

Dear Attomcy Kascak: 

Please advisc me as to the status ofthe following: 

1. 	 Discovery: Please recall that the FAApn)poundcd its First Set of InlCrrogarorics and 

Request for Produ(;lion on February l2, 20 I 0, Md requested an~wers within 15 days. 

has now been over 40 days and we have not received aIl~wers. Tfthe FAA does 110t 

receive complete answers by Monday, March 29, 2010, we will be left with no choice 1::-'~"~11K~",~W'~'''~'''­

but to file a Motion to Compel with Judge Benkin. 

2. 	 Settlement: The FAA has made several settlement offers to the City in good filith 

(dated September 3,2009, and January 27,2010). As a further courtesy, ()n 

Febmary 17, 20] O. J personally provided you with my rationale and believed benefits 

to settling in writing and asked that if your clients have any specit1c conccm~ rcgardin·"'!,·""·'I'=TIN~';"".w~MI~li'll-.­

the pn~posed tem1S ofthe most recent settlement otfcr to please put them in writing to 

me as soon as possiblo. To date, the FAA has not received any feedback from the City'N"'AI""" 

whatsoever. Accordingly, ifthe City does not accept the FAA '5 settlement offer dated~___ 

January 27.2010, no later than April 7, 2010, the FAA will assume that il h<ls been 

rejected and it will he pemmnently withdrawn. 

Thank you for your courtesy. 1 look forward to hearing from you. 

Sincerely. 

Senior AUvmey 

(]:\g.r()llp:::dega:\irddoc')\Ka~ack Itt 325.'0 I \, 

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