RECEJ\/ 

FEB 0 7 20!7 

u.s. DEPARTMENT OF TRANSPORTATION HEARING 

OFFICE OF HEARINGS 

WASHINGTON, DC 

***************************** 

In the Matter of: * 

KENNETH RAY RUMBERGER * Docket No. FAA-2015-0639 

* Case No. 2015WP270015 

* ALJ- RAW ALD 

* 

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TO: Honorable Douglas M. Rawald and Respondent 

COMPLAINANT'S FIRST SET OF DISCOVERY TO RESPONDENT 

Complainant, by and through counsel, pursuant to Section 13.220 of the Rules of 

Practice in FAA Civil Penalty Actions, requests the Respondent please respond to the 

following Interrogatories and Requests for Production of Documents, separately and fully 

under oath, within thirty (30) days of the date of service. 

These discovery requests are intended to be continuing in nature and any information 

which may be discovered by you subsequent to the service and filing of your answers must be 

brought to the attention of the Complainant's attorney through supplemental answers when it 

becomes available to you, and in a reasonable time prior to the hearing in this matter. If there 

are any additions, deletions or changes in the answers or information provided at any time 

prior to hearing, the Respondent is specifically requested to so immediately inform 

Complainant's attorney. If such information is not furnished, at the time of the hearing, the 

attorney for Complainant may move to exclude from evidence such information requested 

and not furnished. 

If, in responding to, or failing to respond to these requests for discovery you invoke 

or rely upon any privilege of any kind, state specifically the nature of the privilege, the 

basis upon which you invoke, rely upon or claim it, including any statutory or decisional 

reference, and identify all documents or other information, including contacts and 

communications which you believe to be embraced by the privilege invoked. 
INTERROGATORIES: 

1. Identify by name, address and telephone number all persons who have personal 

knowledge of the incidents alleged in the complaint. 

2. Identify by name, address and telephone number all persons who have personal 

knowledge of your affirmative defenses alleged in your answer. 

3. Identify by title, date, author, present custodian, and content, all documents 

obtained by you or in your possession relating to the assertions in the complaint and your 

answer, including affirmative defenses. 

4. Identify by name, address and telephone number, all persons whom you intend to 

have testify as a factual witness in your defense at the hearing in this matter, and provide a 

detailed summary of each person's anticipated testimony. 

5. Identify by name, address and telephone number, all persons whom you intend to 

have testify as an expert witness in your defense at the hearing in this matter, and provide a 

detailed summary of each expert's anticipated testimony. 

6. Identify by title, date, author, present custodian, and content, which documents 

you anticipate offering into evidence at the hearing in this matter, and through which witness or 

witnesses. 

7. With respect to each expert witness identified in response to Interrogatory No. 5, 

above, specifY their area of expertise, and provide a synopsis of their credentials, background, 

training and experience. 

8. Do you contend that the FAA's proposed civil penalty should be reduced? 

9. If you answered "yes" to Interrogatory 8., please identifY all facts upon which you 

base your contention. 

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10. IdentifY all individuals by name. address, and telephone number who have 

knowledge of the facts which support your contention that the FAA's proposed civil penalty 

should be reduced. 

REQUESTS FOR PRODUCTION OF DOCUMENTS: 

1. Provide a copy of all written statements/affidavits/declarations of individuals 

identified in response to interrogatory number 1, on the previous page. 

2. Provide a copy of all documents identified in interrogatory munber 2, on the 

prevwus page. 

3. Provide a copy of all documents in support of any and all of your affirmative 

defenses plead in your answer. 

4. Provide a copy of the current curriculum vitae for each and every expert you 

intend to have testifY in your defense at the hearing in this matter. 

5. Provide a copy of any and all recorded statements of any witnesses having 

personal knowledge of the incidents alleged in the complaint and your affirmative defenses 

alleged in your answer including but not limited to tape recordings and transcriptions of the 

tape recordings. 

6. Provide any and all documents your experts will be relying upon to testifY in 

your defense at the hearing on this matter. 

7. Provide a copy of any and all reports, notes, charts, diagrams, flight plots or 

other written documentation prepared by your expert( s) which will be testifYing in your 

defense at the hearing on this matter. 

8. Provide a copy of any and all documents which supports your contention, if so, that 

the FAA's proposed civil penalty should be reduced. 

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9. Provide a copy of any and all documents. reports, notes, court orders, minute 

orders, and any other writings which support your contention, if so, that the proposed civil 

penalty amount of $7700.00 is excessive. 

Respectfully submitted, 

Naomi Tsuda 

Assistant Chief Counsel 

For Enforcement 

By: 

Lisa Toscano, 

~;~ Attorney 

Enforcement Division, Western Team 

email: Lisa.M. Toscano@faa.gov 

Telephone: (310) 725-7100 (main) 

(310) 725-7110 (direct) 

(310) 725-6816 (fax) 

Dated: January 31, 2017 

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DOCKET NO. FAA-2015-0639 

CERTIFICATE OF SERVICE 

I hereby certifY that on this date I have sent by United States First-Class mail. the 

COMPLAINANT'S FIRST SET OF DISCOVERY TO RESPONDENT, addressed as follows: 

Hearing Docket 

Federal Aviation Administration 

Wilbur Wright Building, Suite 2W1000 

Attn: Hearing Docket Clerk, AGC-430 

800 Independence Avenue, S.W. 

Washington, DC 20591 

The Honorable Douglas M. Rawald 

Administrative Law Judge 

U.S. Department of Transportation 

Office of Hearings, M-20 

1200 New Jersey Avenue, S.E. (El1-310) 

Washington, D.C. 20590 

Courtesy Facsimile: (202) 366-7536 

Kenneth Ray Rumberger 

Courtesy Email: 

2451 Church Lane, SPC 38 

San Pablo, CA 94806-5945 

kennethrum berger@ gmai 1. com 

Dated: January 31,2017 

Antonia Garcia, Program Analyst 

Enforcement Division, Western Team 

Lawndale, CA 

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