# RECEJ\/ FEB 0720!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- RAWALD 

## * ***************************** TO: Honorable Douglas M. Rawald andRespondent 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 ofthe date ofservice. 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 ofyour answers must be brought to the attention ofthe Complainant's attorney through supplemental answers when it becomes available to you, and in a reasonable time prior to the hearing inthis 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 ofthe hearing, the attorney for Complainantmay move to exclude from evidence such information requested andnot furnished. If, inresponding to, or failing to respond to these requests for discovery you invoke
or rely upon any privilege ofany 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 whichyoubelieveto be embracedby the privilege invoked.INTERROGATORIES: 1. Identify by name, address and telephone number all persons who have personal knowledge ofthe 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 ofeach 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 ofeach 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. Withrespect to each expert witness identified inresponse to Interrogatory No. 5, above, specifY their area ofexpertise, and provide a synopsis oftheir credentials, background, training and experience. 8. Doyou contend thatthe FAA's proposedcivilpenalty shouldbereduced? 9. Ifyou answered "yes" to Interrogatory 8., please identifY all facts upon whichyou baseyour contention.

210. IdentifY all individuals by name. address, and telephone number who have knowledge ofthe facts which support your contention that the FAA's proposed civil penalty shouldbe reduced. REQUESTS FORPRODUCTION OF DOCUMENTS:
1. Provide a copy of all written statements/affidavits/declarations of individuals identified inresponseto interrogatory number 1, onthe 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 ofany and all ofyour affirmative defenses pleadinyour answer. 4. Provide a copy ofthe current curriculum vitae for each and every expert you intendto have testifY inyour defense atthe hearing inthis matter. 5. Provide a copy of any and all recorded statements of any witnesses having personal knowledge ofthe incidents alleged in the complaint and your affirmative defenses alleged in your answer including but not limited to tape recordings and transcriptions ofthe tape recordings. 6. Provide any and all documents your experts will be relying upon to testifY in your defense at the hearing onthis 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 atthe hearing onthis matter. 8. Provide a copy ofany and all documents which supports your contention, ifso, that the FAA's proposed civil penalty shouldbe reduced.

39. 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 ChiefCounsel ForEnforcement By: 

# ~;~ LisaToscano, Attorney EnforcementDivision, WesternTeam email: Lisa.M.Toscano@faa.gov Telephone: (310) 725-7100 (main) (310) 725-7110 (direct) (310) 725-6816 (fax) Dated: January 31, 2017

4DOCKET NO. FAA-2015-0639

CERTIFICATE OF SERVICE
I hereby certifY that onthis date I have sentbyUnited 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 LawJudge U.S. Department ofTransportation Office ofHearings, M-20 1200NewJersey Avenue, S.E. (El1-310) Washington, D.C. 20590 CourtesyFacsimile: (202) 366-7536 KennethRay Rumberger Courtesy Email: 2451 ChurchLane, SPC 38 SanPablo, CA 94806-5945 kennethrumberger@gmai1.com
Dated: January 31,2017

Antonia Garcia, ProgramAnalyst Enforcement Division, WesternTeam Lawndale, CA

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