08/22/2014 13:34



### In the Matter of: 8153293771 FAA ACE 7
ORIGINAL UNITED STATES DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION WASHINGTON, DC


### Served: August 22, 20).4 FAA Docket No. (TO BE ASSIGNED) (FDMS No. FAA-2013-0850) DESHAUN BLACKETT, 

### Administrative Law .Judge: Respondent. Robert C. Goodwin
COMPLAINANT'S MOTION TO COMPEL DISCOVERY ORFORSANCTIONS PAGE 02/12



### COMES NOWthe Complainant in this matter, the Federal Aviation Administration (FAA), by and through its Regional Counsel for the Central Region, and pursuant to Section 13.220(m) ofthe Rules ofPractice inFAA Civil Penalty Actions (14 C.P.R. Section 13.201 et seq.), and for the reasons set forth below, respectfully requests thatthe lawjudge enter anorder compelling the Respondent to provide his long overdue responses to the Complainant's Discovery Request or anorder for sanctions in this case pursuant to Section 13.220(n) in the event the Respondent fails to comply with the requested Order. A hearing has not been set in this matter. Nevertheless, the FAAhas yetto ]'eceive a discovery response in 

### this case. The requested discovery responses are needed to prepare for triaL 

### In support ofthis Motion to Compel Discovery or for Sanctions, the undersigned informs the lawjudge as follows: 

### 1. Ou January 28, 2014, the fAA's counsel served its Request for Discovery onthe Respondent by regularmail at his address ofrecord, 10671 Hamilton Place, Apt. 402, Omaha, NE 6811.4. A copywas filed with the Administrative Law Judge, as well as withthe Hearing Docket Clerk, via facsimile transmission on the same date, and is part ofthe record in this case. 2. The Discovery Request served on the Respondent was notreturnedto the undersigned's office.08/22/2014 13:34 8153293771 FAA ACE 7 PAGE 03/12
2 

### 3. Section 13220(d) ofthe Rules ofPractice required Respondent to provide full, responsive
answers to each interrogatory, the request for production ofdocwn.ents, or objections, by no later than 30 days ofservice ofthe request. 4. By July 15, 2014, Respondent had not filed any objections to the discovery request, nor responded to the FAA's Interrogatories, nor had he responded to the Request for Production of documents. 5. By letter dated July 15, 2014 (copy enclosed and marked E):hibit 

### A), Respondent was served withthe FAA's "Golden Rule" letter. E::<:bibit 

### Awas served onthe Respondent by FedEx overnight delivery, regular mail, and certified maiL 6. Respondent received a duplicate original ofExhibit A 

### onJuly 15, 2014, delivered at his address ofrecord at 2:49PM, See 

### attached copy ofFEDEX delivery confirmation marked Exhibit B, 

### Bl,andB2. 

### Respondent also received a duplicate original ofExhibit A 

### on July 17,2014,be certified mail. See 

### attached copy ofthe US Postal Service's Domestic Return Receipt marked Exhibit 

## c, and dated stamped July 17, 2014. 7. Exhibit 

### A provided notice to the Respondent that answers to the FAA's discovery request were long overdue, and further informed him that he had been in possession oftheFAA's discovery request for six (6) months. 8. Respondent was requestedto provide answers to the Discovery Request by July 25, 2014, ora ri:wtion to compel would be filed with the Administrative LawJudge, and sanctions sought. 9. Respondent failed to provide any response by July 25, 2014, to the Discovery Request or to the undersigned's letter ofJuly 15,2014. 10. On July 30, 2014, Respondent called the undersigned and left a voicemail message. 11. On July 31, 2014, the undersigned called the Respondent at the number left for a return call. The Respondent confessed ignorance ofthe Discovery Request identified in the July 15,2014, letter,08/22/2014 13:34 8153293771 FAA ACE 7 PAGE 04/12
stating that he had no recall ofsuch a request, andinsinuated thatthe Discovery Request may have been sent to the wrong address. 

### 12. No further communicationhas transpired betweenthe parties. 3



### 13. A review ofthe Certificate ofService accompanying the DiscoveryRequest discloses that the address used for mailingtherequestto the Respondent is the same address used 

### by the lawjudge andthe undersigned for other written communications. The Discovery Request was

### !1!!1. sent to the wrong address. 

### 14. Today is August

### 22, 2014. The Respondent has not objectedto any partofthe FAA's Discovery Request, andhe has notprovided any responsive answers, as required by Section )3.220(m) of the Rules ofPractice 

### in FAA Civil Penalty Actions 

### (14 C.F.R. Section 

### 13.201 ct seq.), beyond initiating a call to the undersigned inresponse to the Golden Rule letter dated July 

### 15, 2014. ARGUMENT As ofthe date ofthis writing the Respondent has been inpossession ofthe FAA's Discovery Request for almost seven (7) full months. He has notprovided anyresponsive answers to the interrogatories and request for production served onhim notwithstanding beingprovided with a ''Golden Rule" letter by the FAA's counsel 

### (Exhibit A enclosed). The "GoldenRule" letter was provided, in large part, due to the fact that Respondent i.s prose in this case. This failure on the part ofthe Respondent is an abuse ofthejudicial process and a disregard for the orderly procedural requirements pertaining to discovery established bythe Rules ofPractice. Respondent's failure to file anyresponse to the FAA's DiscoveryRequestplaces tb.i.s case in a state oflimbo. Respondent's lack ofcompliancewiththe established rules makes the FAA a hostage of the Respondent's whim inthatthe FAA's counsel is unable to develop a trial strategy or co1:nmence any pretrial preparation relative to expected evidence because he does notknow what evidence the Respondentplans to present at trial without answers to the Discovery Request on file.08/22/2014 13:34 8153293771 FAA ACE 7 PAGE 05/12
Respondent carmot showthat there is any good cause for his failure to file any response to the FAA's Discovery Request. His clai.m that he does not "remember" seeing the Discovery Request is not legally sufficient good causejustificationfor 

### his failure to respond to the FAA's request. Under all the facts and circumstances detailed herein, the FAAtakes the positionthat this abuse onthe part ofthe Respondent warrants an Order Compelling the Respondent to respond to the FAA's Discovery Request
on an expedited basis. 

### In the event the Respondent fails to comply with such 

### au Order, the lawjudge is requested to impose sanctions as warrantedpursuantto the tmdersigned counsel's motion, and pursuant to Section 13.220(n) ofthe Rules ofPractice 

### in FAA Civil Penalty Actions (14 C.P.R. Section 13.201 et seq.). WHEREFORE, the uudersigned respectfully requests the issuance ofan Order granting the FAA's motion to compel discovery. Itis respectfully requested that Respondent be ordered to provide the undersigned counsel, by no later than September 5, 2014, full responsive answers to the Discovery Request served 

### on him on January 2!!, 2014. Datedthis 22"d day

### ofAugust 2014. Respectfully submitted, 

### A. 

### L. Hai7.Jip Regional Counsel 

### By:

Senior EnforcementAttorney Federal Aviation Administration 901 Locust Street, Room 506 Kansas City, MO 64106 

### (816) 329-3765- Fax: (816) 

### 329-3771 ATTORNEY FOR COMPLAINANT 408/22/2014 13:34 8153293771 FAA ACE 7 PAGE 05/12 

### 5 DASHAUN BLACKETT, FAA DocketNo. (TO BE ASSIGNED) (FDMS No. FAA-2013-0850) 

### CERTIFICATE OF SERVICE I hereby certify that 

### I have this date sent the Complainant's Motion to Compel Discovery or for Sanctions via methods listed to the belownan:J.ed addressees: Deshaun Blackett, Respondent I0671 Hamilton Plaza Apt. 402 Omaha, NE 68114-2078 (1 copy via regular mail) The Honorable Richard C Goodwin Office ofHearings, M-20 US Department ofTransportation 1200 

### New Jersey Avenue, 

### S.E. (EU-310) Washington, DC 20590 Attn: Patricia Matthews 

### (1 copy via regular mail; 

### 1copy via facsimile to 202 366-7536) federal Aviation Administration 800 Independence Aven.ue, 

### S.W. Washington, DC 20591 Attention.: HearingDocket Clerk, AGC-430 Wilbur Wright Building -Suite 2W1000 (Original & 1 copy via regular mail; 1 copy via facsimile to 202-493-5142) Dated this 22"d day August 2014. ....__..."ark Cam.acho SeniorEnforcement Attorney08/22/2014 13:34 8153293771 FAA ACE 7 PAGE 07/12



### U.S. Department of Transportation Federal Aviation Administration In Reply Refer To: ACE"7 2013CE090030 Office of Regional Counsel 901 Locust Street, Room 506 Kansas City, MO 64106

Telephone: 816-329-3765 FEDEX OVERNIGHT DELIVERY- US Airbill No. 8057 8867 4878 REGULAR AND CER TIFffiD MAIL- RETURN RECEIPT REQUESTED Cert. No. 7011 1150 0000 0337 9727 July 15, 2014 Deshaun L Blackett 10671 HamiltonPlaza Apt. 402 Omaha, NE 68114 Re: Inthe Matter ofDeshaun

### L Blackett, FDMS No. 

### FAA 2013-0850 Please consider this a "Golden Rule" letter relative to the Complainant's Discovery Request served onyou onJanuary 

### 28, 2014. Your response to discovery was due 

### no latN thanFriday, February 27,2014. It is now July 15, 2014, and no response has been forthcoming. lfyour discovery response is not received at the undersigned's offi.ce before close ofbusiness Friday, July 

### 25, 2014, a Motion to Compel will be filed Monday, July 28, 2014. At thattime you 

### will have had Complainant's discovery request for approximately seven (7) months, and will 

### be six (6) months late 

### in responding to the discovery request. Should youpersist innotresponding to Complainant's discovery request, Complainant 

### will seek to have the lawjudge impose appropriate sanctions, as warranted, to include a preclusiou order refusing youto question Complainant's witnesses about matters not disclosed, and precluding you from testifying about, 

### or present other evidence relative to any stated affirmative defenses. This Golden Rule letter is provided as 

### aprofessional courtesy, Sincerely, A. LesterHaizlip Regional Counsel By· 

### ORIGINAL SIGNED BY l MARK G. CAMACHO 

## i Mark G. Camacho Senior Enforcement Attorney ACE"7:MCamacho:mc:X3765:07/15/14:CERTLTLRS/BLACKETTLETTER#l.DOC 

### EXHIBIT 

# A08/22/2014 13:34 8153293771 FAA ACE 7 PAGE 08/12

20BCE090030 Deshaun 

### L. Blackett
CERTIFICATE OF SERVICE I certifythatthis Golden Rule letter has been sent this date

### by FedEx ovemight delivery, and mailed viaregular mail, and certifiedmail, return. (eceipt requested, to: Deshaun L. Blackett 10671 Hamilton Plaza Apt. 402 Omaha, NE 68114 Dated this 15111 day ofJuly2014. 

### ORIGINAL SIGNED BY MARK G. CAMACHO

Mark Camacho SeniorEnforcement Attorney 

### •08/22/2014 13:34 81532g3771 FAA ACE 7 PAGE 0g/12



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# s08/22/2014 13:34 8153293771 FAA ACE 7 PAGE 10/12 

### Track your package or shipment wit" FedEx Tracking l'agc I of2



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### Delivery Options This sloipment's delivery has been customiz®d by the recipient. Login or Signup for deliver shipment's delivery has been cLrstomized by the recipient. Signup for delivery options to e has been customized by the recipient. Add 'In is address to My Profile to edit or cancel tl1e S.(lit t.l'l.i$ delivety option. Travel History Date/Time Activity location
7/16/2014 - Wednesday 2:59pm Delivered Nt: Left at front door, Package delivered to recipient address
w release auth 8:03am 7;13 am 5:48am 4:24 em On FedE:x vehicle for delivery OMAHA, NE A!. local FedEx facility OMAHA, NE At destination sort facility OMAHA, NE Departed FedEx location MEMPHIS, TN
7/15/2014

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### at Fed Ex location 8:31 pm Loft FedEx origin facility 6:46 pm Picked up
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# 0 Select Shipment Facts Tracking number 805788674878 Delivered To**Resid~nce** Packaging FedE.x Envelope Service FedEx Standard Overnight**Tota~r** pieces 1 MEMPHIS, TN KANSAS CITY, MO KANSAS CITY, MO 

### EXHIBIT 

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Special handling section Deliver WeekdFJy, Residential belivery 

### https://www.fedex.com/fedextrack/html/oldindex.html?tracknumbers=805788674878&cntry _code... 7/17/201408/22/2014 13:34 8153293771 FAA ACE 7

July 17,2014 Dear Customer; The following is the proof-of-delivery for tracking number 805788674878. Delivery Information: Status: Delivered DellverE>d to: Signed for by: Signature not required De!lvery location: Service type: FedEx Standard Overnight Deliverydate: Special Handling: Deliver Weekday Residential Delivery
NO SIGNATURE REQUIRED Residence NE Jut 16, 2014 14:59 PAGE 11112

Proof-of-delivery details appear below: however, no signature is available for this FedEx Express shipment because a signature was not required.

Shipping Information: Tracking number:
Recipient NE US 805788674878

Thank you fur choosing FedEx, Ship date: Jut 15,2014
Shipper: KANSAS CITY, MO US08/22/2014 13:34 8153293771

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### 7011 FAA ACE 7



### DODD 0337 9727 : PS Form 3811, FebruaryZ6o4 ,Oomestro Aeb.rm Rsce!p'l: PAGE 12/12

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102595-02-M-1S40



### . ' ' .08/22/2014 13:34 8153293771



### To: Hearing Docket Clerk· company: 

### FAA- AGC-430 Phone: 202-385-8229 Fax: 202-493-5142 From: 

### Mark Camacho Title: 

### Senior Enforcement Attorney
Date: 

### August 22, 2014 Pages wlcover: 

### Twelve (12) FAA ACE 7 PAGE 01/12 

# Federal Aviation Administration

Office ofthe Regional Counsel 901 Locust (ACE-7) Kansas City, MO 64106 Telephone: 816-329-3765 Fax No.: 816-329-3771 E-mail: mark.camacho@faa.gov


### Facsimile**··~·······················~~~~~~·~·············································** DASHAUN BLACKETT, 

### FAA Docket No. 

### (TO BE ASSIGNED) (FDMS No. 

### FAA-2013- 0850) 

### COMPLAINANT'S MOTION TO COMF»EL DISCOVERY MESSAGE: 

### Enclosed is a copy ofthe referenced pleading. Hat'd copy original + 1 copy to follow by

### regular mail.