RECEIVED 

U.S. DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

In the Matter ofNortheastem Aviation Corp., Respondent 

Docket Nos. FAA-2012-1264 

Case Nos. 2012EA110030 

Administrative Law Judge J.E. Sullivan 

SEP 11 2013 

HEARING DOCKET 

RESPONDENT'S SUPPLEMENTAL RESPONSE TO REQUEST FOR ·o 

PRODUCTION OF DOCUMENTS I.,<;J 

Cl~ 

On August 8, 2013, the Respondent, in Respondent's Response to First Set of 

Interrogatories and Request for Production of Documents and Request for Admission, stated that 

Mr. Michael Kalish will testify to the events on August 22 and 23, 2011 and that specifically he 

will confirm the statements in an affidavit that would be supplied to counsel as soon as it was 

received. Counsel has now received the affidavit from Mr. Kalish, signed on September 3, 2013, 

and is supplementing the record with that affidavit (See Exhibit A). 

Email: jehrig@eckertseamans.com 

Date: September 10, 2013 
.,. 

CERTIFICATE OF SERVICE 

I hereby certify that on September 10, 2013 the foregoing Respondent's Supplemental 

Response to Request for Production of Documents has been served via Federal Express and 

facsimile to the following: 

Mr. Alfred R. Johnson, Jr., Esq. 

Mr. Zachary M. Berman, Esq. 

Federal Aviation Administration 

1 Aviation Plaza 

Jamaica, NY 11434 

Telephone: 718-553-3258 

Fax: 718-995-5699 

Judge J.E. Sullivan 

U.S. Administrative Law Judge 

Office ofHearings, M-20 

U.S. Department of Transportation 

1200 New Jersey Avenue, S.E. (Ell-31 0) 

Washington, D.C. 20590 

Fax: 202-366-7536 

(Federal Express only) 

I hereby certify that on September 10, 2013 the foregoing Respondent's Supplemental 

Response to Request for Production of Documents has been served via Federal Express to the 

following: 

Federal Aviation Administration (Original and one copy) 

800 Independence Avenue, S.W. 

Washington, D.C. 20591 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building-Room 2014 
Exhibit A 
--,------------·--·- ----.-·· ··r--

UNITED STATESDEPARTJ\1ENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

IN THE MATTER OF NORTHEASTERN AVIATION CORP. 

Case No. 2012EA110030 

FDMS No. FAA-2012-1264 

Judge J.E. Sullivan 

AFFIDAVIT OF MICHAEL KALISH 

I Michael Kalish, state as follows: 

1. My name is Michael Kalish. I am over the age of 18 years. I am fully competent to make 

this affidavit and have personal knowledge of the facts stated herein. 

2. On August 22, 2011 I flew Sundance Aviation aircraft N345MJ for the purpose of 

conducting an FAA Part 13 5.293, 297, 299 check ride. 

3. I blocked in after the check ride at 144 5 UTC and left the airport off duty at 1515 UTC. 

4. When I filled out the Sundance Aviation flight and duty log I inadvertently entered 1600 

UTC for the duty off time from the Sundance Aviation check ride. 

5. The flight and duty records of Sundance Aviation are incorrect because of my clerical 

error. 

6. I did not enter this outside flying time into the Northeastern Flight and Duty Time 

Record. 

7. The next day, at 0130, I reported for duty to fly a Part 135 charter for Northeastern 

Aviation on the Gulfstream N451CM. Accordingly, 10 hours and 15 minutes elapsed 

between the time I went off duty after my last flight on August 22, and the time I reported 

for duty on August 23. 

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8. I intentionally reported for duty at 0130 in order to have the required rest time. 

9. I knew at the time that I reported for duty for the Northeastern charter that I did have 

more than 10 hours of rest between the two flights. 

I 0. Although I did not report this outside commercial activity on my N ortheastem Flight and 

Duty Time Record, I did not violate the requirements for rest between duty periods. 

11. I explained this situation to the FAA New York Flight Standards District Office 

Inspectors. They confirmed that I blocked in on the FAA check ride at 1445 UTC, and 

had an end of duty time of 1515 UTC. 

I declare under penalty of perjury that the foregoing is true and correct. 

DATED: C('/J /; _? Mf!tJf/M 

Michael Kalish 

SUBSCRIBED and duly SWORN to before me this _3_ day of~ , 2013. 

official ··-·· 

Impression 

Seal 

LISA VILCHEK 

Notary Public, State of New York 

No. 01Vl5050550 

Qualified in Nassau Cou~ 

Commission Expires 10/1 0/.li__ 

My Commission Expires:. ______ _ 

Notary Public (Print Name) 

Notary Public Signature 

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