### GARDERE attorneys and counselors • www.gardere.com
Direct Dial: 713-276-5730 Direct Fax: 713-276-6730 Email: pmclauchlan@e.ardere.com**-~** ,-- .-,. ·'" . -**~** . !**~** 

# RECEIVED I: 4 

## JUL 3 12013 

## HEARING DOCKET

July 30, 2013

VIAUPS NEXT DAY AIR Federal Aviation Administration 600 Independence Avenue, SW Wilbur Wright Building, Suite 2Wl000 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 orMadam: Please find enclosed the original and (1) one copy ofRadio Holland USA, Inc.'s First Set of Interrogatories, Request for Production of Documents and Request for Admissions to Complainant for filing inthe above-referenced matter. I would appreciate you returning a date-stamped copy ofthe document to me inthe enclosed self-addressed stamped envelope. Thank you for your assistance in this matter. If you have any questions or concerns, please do nothesitate 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 CityU.S. DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION OFFICE OF HEARINGS

WASHINGTON, D.C.

In theMatter ofRadio Holland USA, Inc. 2011EA700202 FDMS No. FAA-201-3-0286
Richard C. Goodwin, U.S. Administrative Law Judge 

# RECEIVED JUL 3 12013 HEARING DOCKET

RADIO HOLLAND USA, INC.'S FIRST SET OF INTERROGATORIES, REQUEST FOR PRODUCTION OF DOCUMENTS AND REQUEST FORADMISSIONS TO COMPLAINANT TO: Complainant, by andthrough its attorney ofrecord, Jeanine C. Gotimer, Attorney atLaw, Federal AviationAdministration, 1Aviation Plaza, Jru:naica, NewYork 11434. Pursuant to 14 C.F.R. 13.220 and Rules 33, 34 and Rule 36 ofthe Federal Rules ofCivil Procedure, Radio Holland USA, Inc.'s First Set of Interrogatories, Request for Production of Documents and Request for Admissions propoundedto Complainant. Respectfully submitted, 

### GARDERE WYNNE SEWELL**LL~** 

### / /}_ By:

# ~&.Ac~ PeterA. McLauchlan Texas BarNo. 13740900 AnacarolinaEstaba Texas BarNo. 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 FORRESPONDENT, RADIO HOLLAND USA, INC. 1CERTIFICATE 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:

VIAUPS NEXT DAY DELIVERY Jeanine C. Gotimer Attorney at Law Federal Aviation Administration

.. 1AviationPlaza

Jamaica, NY 11434 VIAUPS NEXT DAY DELIVERY The Honorable Richard C. Goodwin Administrative Law Judge Office ofHearings, M-20 U.S. Department ofTransportation 1200 New Jersey Avenue, S.E. (E11-310) Washington, D.C. 20590 VIAUPS 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 -Suite2W1000

2

# ~d-Ae~ Peter A. McLauchlanINTERROGATORIES INTERROGATORY NO.1: Identify the names, titles, business or home addresses and telephone numbers of each person whom the Complainant intends to call as awitness at the hearing ofthis matter. ANSWER: INTERROGATORY NO.2: Provide the substance-ofthe testimonytO be offereaby eachofsaidwitnesses. ANSWER: INTERROGATORYNO.3: To the extent not encompassed- in your response to Interrogatory Nos. Land 2 above, identify and produce statements ofall individuals who spoke to, orwere Interviewedby, 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 ofthe case it will present at the hearing in this matter, including but not limitedto documents you intend to introduce into evidence. ANSWER: INTERROGATORY NO.5: Please explain the current whereabouts ofthe Ultra Torch soldering iron confiscated from Radio Holland by US Airways' agent, MiltonBazemore 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:

3INTERROGATORY NO.7: 

### Please list any FAA or Federal policy, law, regulation that supports the destruction or disposal of hazardous materials confiscated from passengers onboard a passenger carrying flight. ANSWER: INTERROGATORY NO.8: 

### Ifthe 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 ofthe Ultra Torch. INTERROGATORY NO.9: 

### Please provide the name and full contact details of the agency or other third party that has possession ofthe Ultra Torch. · ANSWER:

4FIRST REQUEST FORPRODUCTION OF DOCUMENTS REQUEST FORPRODUCTIONNO. 1: Produce copies of all materials relied upon and/or consulted m responding to these interrogatories and requests for admissions. RESPONSE: REQUEST FORPRODUCTION NO.2:

.. Provide copies of 

### ariy plioto"gniphs" or Videos pertaining to ·the Ultra -Torch soldering iron

confiscatedby agent Bazemore and providedto Complainant. RESPONSE: REQUEST FORPRODUCTION NO.3: Produce copies of any statements from any person whom Complainant or its representative interviewed inconnectionwiththe instantmatter. RESPONSE:

.REQUESTFORPRODUCTION NO. 4: Produce copies of any notes from interviews of any person Complainant or its representative interviewed in connectionwiththe instantmatter. RESPONSE: REQUEST FORPRODUCTION NO. 5: Produce copies ofall documents upon which Complainant intends to rely at the hearing on this matter. RESPONSE: REQUEST FORPRODUCTION NO. 6: Produce copies ofUS Airways log provided to the FAA listing the chain ofcustody ofthe Ultra Torch soldering iron confiscatedby US Airways' agent Bazemore andprovidedto Complainant. RESPONSE:

5REQUEST FORPRODUCTIONNO. 8: Produce any documents in possession of Complainant provided by US Airways in connection with US Airways' confiscation ofthe UltraTorch soldering iron. RESPONSE: REQUEST FORPRODUCTIONNO. 9: Produce the Ultra Torch soldering iron which was confiscated by US Airways' agent Bazemore and providedto Complainant, for inspection and examination.

- . - 

### - - RESPONSE:

6REQUEST FORADMISSIONS REQUEST FORADMISSION 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 FORADMISSION 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 FORADMISSION 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 FORADMISSION 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 FORADMISSION NO. 5: Admit that Agent Louis Fernandez did not perform any tests to determine whether the Ultra Torch confiscatedby US Aiways' agent Bazemore actually contained a flammable gas. RESPONSE:. REQUEST FORADMISSION NO.6: Admit that a passenger flying on a passenger carrying flight can check in a luggage or in a carry ona lighter containing up to 3 cc ofbutane. RESPONSE:

7REQUEST FORADMISSION 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 ofbutane. RESPONSE: REQUEST FORADMISSION NO. 9: Admit that at the deposition ofAgent Louis Fernandez on July 25, 2013, he was not able to ignite an Ultra Torch soldering iron containing butane fuel.

_ RESPONSE:

8 GardereOl- 6342514v.l