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) 

DESHA UN BLACKETT, 

Administrative Law .Judge: 

Respondent. Robert C. Goodwin 

COMPLAINANT'S MOTION TO COMPEL DISCOVERY 

OR FOR SANCTIONS 

PAGE 02/12 

COMES NOW the 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) of the Rules 

of Practice in FAA Civil Penalty Actions (14 C.P.R. Section 13.201 et seq.), and for the reasons set forth 

below, respectfully requests that the law judge enter an order compelling the Respondent to provide his 

long overdue responses to the Complainant's Discovery Request or an order 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 FAA has yet to ]'eceive a discovery response in 

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

In support of this Motion to Compel Discovery or for Sanctions, the undersigned informs 

the law judge as follows: 

1. Ou January 28, 2014, the fAA's counsel served its Request for Discovery on the Respondent by 

regular mail at his address of record, 10671 Hamilton Place, Apt. 402, Omaha, NE 6811.4. A 

copy was filed with the Administrative Law Judge, as well as with the Hearing Docket Clerk, via 

facsimile transmission on the same date, and is part of the record in this case. 

2. The Discovery Request served on the Respondent was not returned to the undersigned's office. 
08/22/2014 13:34 8153293771 FAA ACE 7 PAGE 03/12 

2 

3. Section 13 220( d) of the Rules of Practice required Respondent to provide full, responsive 

answers to each interrogatory, the request for production of docwn.ents, or objections, by no later 

than 30 days of service 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 

with the FAA's "Golden Rule" letter. E::<:bibit A was served on the Respondent by FedEx 

overnight delivery, regular mail, and certified maiL 

6. Respondent received a duplicate original of Exhibit A on July 15, 2014, delivered at his address 

of record at 2:49PM, See attached copy ofFEDEX delivery confirmation marked Exhibit B, 

Bl,and B2. Respondent also received a duplicate original of Exhibit A on July 17,2014, be 

certified mail. See attached copy of the 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 ofthe FAA's discovery 

request for six ( 6) months. 

8. Respondent was requested to provide answers to the Discovery Request by July 25, 2014, or a 

ri:wtion to compel would be filed with the Administrative Law Judge, and sanctions sought. 

9. Respondent failed to provide any response by July 25, 2014, to the Discovery Request or to the 

undersigned's letter of July 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 of the 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 of such a request, and insinuated that the Discovery Request may 

have been sent to the wrong address. 

12. No further communication has transpired between the parties. 

3 

13. A review of the Certificate of Service accompanying the Discovery Request discloses that the 

address used for mailing the request to the Respondent is the same address used by the law judge 

and the 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 objected to any part of the FAA's Discovery 

Request, and he has not provided any responsive answers, as required by Section )3.220(m) of 

the Rules of Practice in FAA Civil Penalty Actions (14 C.F.R. Section 13.201 ct seq.), beyond 

initiating a call to the undersigned in response to the Golden Rule letter dated July 15, 2014. 

ARGUMENT 

As of the date of this writing the Respondent has been in possession of the FAA's Discovery 

Request for almost seven (7) full months. He has not provided any responsive answers to the 

interrogatories and request for production served on him notwithstanding being provided with a ''Golden 

Rule" letter by the FAA's counsel (Exhibit A enclosed). The "Golden Rule" letter was provided, in 

large part, due to the fact that Respondent i.s prose in this case. This failure on the part of the 

Respondent is an abuse of the judicial process and a disregard for the orderly procedural requirements 

pertaining to discovery established by the Rules of Practice. 

Respondent's failure to file any response to the FAA's Discovery Request places tb.i.s case in a 

state oflimbo. Respondent's lack of compliance with the established rules makes the FAA a hostage of 

the Respondent's whim in that the FAA's counsel is unable to develop a trial strategy or co1:nmence any 

pretrial preparation relative to expected evidence because he does not know what evidence the 

Respondent plans 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 show that 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 cause justification for his failure to respond to the FAA's request. Under all the 

facts and circumstances detailed herein, the FAA takes the position that this abuse on the part of the 

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 law judge is requested to 

impose sanctions as warranted pursuant to the tmdersigned counsel's motion, and pursuant to Section 

13.220(n) of the Rules of Practice in FAA Civil Penalty Actions (14 C.P.R. Section 13.201 et seq.). 

WHEREFORE, the uudersigned respectfully requests the issuance of an Order granting the 

FAA's motion to compel discovery. It is 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. 

Dated this 22"d day of August 2014. 

Respectfully submitted, 

A. L. Hai7.Jip 

Regional Counsel 

By: 

Senior Enforcement Attorney 

Federal Aviation Administration 

901 Locust Street, Room 506 

Kansas City, MO 64106 

(816) 329-3765- Fax: (816) 329-3771 

ATTORNEY FOR COMPLAINANT 

4 
08/22/2014 13:34 8153293771 FAA ACE 7 PAGE 05/12 

5 

DASHAUN BLACKETT, FAA Docket No. (TO BE ASSIGNED) (FDMS No. F AA-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 below nan:J.ed addressees: 

Deshaun Blackett, Respondent 

I 0671 Hamilton Plaza 

Apt. 402 

Omaha, NE 68114-2078 

(1 copy via regular mail) 

The Honorable Richard C Goodwin 

Office of Hearings, M-20 

US Department of Transportation 

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

Washington, DC 20590 

Attn: Patricia Matthews 

(1 copy via regular mail; 1 copy via facsimile to 202 366-7536) 

federal Aviation Administration 

800 Independence Aven.ue, S.W. 

Washington, DC 20591 

Attention.: Hearing Docket 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 

Senior Enforcement Attorney 
08/22/2014 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 Hamilton Plaza 

Apt. 402 

Omaha, NE 68114 

Re: In the Matter ofDeshaun L Blackett, FDMS No. FAA 2013-0850 

Please consider this a "Golden Rule" letter relative to the Complainant's Discovery Request 

served on you on January 28, 2014. Your response to discovery was due no latN than Friday, 

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 of business 

Friday, July 25, 2014, a Motion to Compel will be filed Monday, July 28, 2014. At that time 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 you persist in not responding to Complainant's discovery request, Complainant will seek 

to have the law judge impose appropriate sanctions, as warranted, to include a preclusiou order 

refusing you to 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 a professional courtesy, 

Sincerely, 

A. Lester Haizlip 

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 

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

20BCE090030 Deshaun L. Blackett 

CERTIFICATE OF SERVICE 

I certify that this Golden Rule letter has been sent this date by F edEx ovemight delivery, 

and mailed via regular mail, and certified mail, return. (eceipt requested, to: 

Deshaun L. Blackett 

10671 Hamilton Plaza 

Apt. 402 

Omaha, NE 68114 

Dated this 15111 day ofJuly 2014. 

ORIGINAL SIGNED BY 

MARK G. CAMACHO 

Mark Camacho 

Senior Enforcement Attorney 

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

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08/22/2014 13:34 8153293771 FAA ACE 7 PAGE 10/12 

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Travel History 

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On FedE:x vehicle for delivery OMAHA, NE 

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https: //www.fedex.com/fedextrack/html/oldindex.html ?tracknumbers=80578867 4878&cntry _code... 7/17/2014 
08/22/2014 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: Fed Ex Standard Overnight Delivery date: 

Special Handling: Deliver Weekday 

Residential Delivery 

NO SIGNATURE REQUIRED 

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NE 

Jut 16, 2014 14:59 

PAGE 11112 

Proof-of-delivery details appear below: however, no signature is available for this Fed Ex Express shipment because 

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Shipping Information: 

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Recipient 

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805788674878 

Thank you fur choosing Fed Ex, 

Ship date: Jut 15,2014 

Shipper: 

KANSAS CITY, MO US 
08/22/2014 13:34 8153293771 

..•. ·.·< -7,1rri,f. 

De.i!run L. Blackett . !It . lO~Hamilton Plaza 

A-2 

orriiiha, NE &8114 

2., A!tlcle Nutnber. 

(T:mns1or.(rorrr """"'""" ~ 7011 

FAA ACE 7 

DODD 0337 9727 

: PS Form 3811, February Z6o4 ,Oomestro Aeb.rm Rsce!p'l: 

PAGE 12/12 

• 

·---. 

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 of the 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 of the referenced pleading. 

Hat'd copy original + 1 copy to follow by regular mail.