^•m m OF 

^ '•;;p; Before,thie^U.S. Department of Transportation 

--.'I .'.LJ GpLFFederal Aviation Administration 

i-'Jll M'J'J - Ti CD [• o 

In the matter of 

M & R HELICOPTER 

AUG - 3 2011 

KEARING DOCKET 

Docket No. CPlOSOOOll 

FAA Case No. 2009SO950434 I f{\(\ Si:^ j 0 - /<9-H 

Judge Richard C. Goodwin ' 

MOTION TO COMPEL DISCOVERY 

Pursuant to 14 C.F.R. § 13.220(m), Complainant files this Motion to Compel 

Discovery. On January 26, 2011, Complainant served on Respondent a request for 

discovery, requesting that the responses to the discovery request be received by February 

25, 2011. (Attacliment A). On July 12,2011, Complainant sent a letter to Respondent 

noting that responses to Complainant's January 26, 2011, discovery request had not been 

received and requesting that Respondent provide responses to the discovery request by 

July 29, 2011. (Attachment B). To date, no discovery response from Respondent has 

been received by Complainant. 

14 C.F.R. § 13.220(m) authorizes a parly to make a motion to compel discovery if 

a person refuses to produce documents or tangible items in response to a discovery 

request. To date, Respondent has refused to produce documents or tangible items in 

response to Complainant's discovery request that was served on respondent over six 

months ago. 

The items Complainant has sought through discovery are reasonable and relate 

directly to the matters to be resolved in this proceeding. Respondent's response to the 
January 26, 2011, request for discovery is needed as soon as possible so that Complainant 

can fairly prepare for the hearing in this matter. 

WFIEREFORE, Complainant respectfully requests that the Administrative Law 

Judge grant Complainant's motion and issue an order compelling Respondent to provide 

a response to Complainant's discovery request by no later than August 12, 2011. 

Respectfully submitted, 

Peter Lynch 

Assistant Chief Counsel 

for Enforcement 

By:_ 

Charles Raley, Attorney 

Enforcement Division, AGC-300 

Office of the Chief Counsel 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Washington, DC 20591 

Phone: (202)267-3357 

Facsimile: (202)267-5106 

Email: charles.raley@faa.gov 

Dated: August 2, 20 
Certificate of Service 

I hereby certify that on this date 1 have placed in the U.S. mail, postage prepaid, 

certified retum-receipt, a copy of Complainant's Motion to Compel Discovery In ihe 

Mailer of M & R Helicopier, Docket No. CPlOSOOOllO, FAA Case no. 2009SO950434, 

addressed to: 

Dr. Michael B. Selig 

President 

M&RHelicopters, LLC . 

2045 Westgate Dr., Suite 205 

Bethlehem, PA 18017 

In addition, I hereby certify that on this date I have sent by the U.S. mail, postage 

prepaid, certified return-receipt and facsimile one copy of the foregoing document to: 

The Honorable Richard C. Goodwin 

Administrative Law Judge 

U.S. Department of Transportation 

1200 New Jersey Avenue, S.E. 

Washington, DC 20590 

Facsimile: 202-366-7536 

In addition, I hereby certify that on this date I have sent by the U.S. mail, postage 

prepaid, certified retum-receipt, the original and one copy of the foregoing document to: 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Washington, D.C. 20591 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building - Suite 2W1000 

Dated: August 2, 2011 
ATTACHMENT A 
Before the U.S. Department of Transportation 

Federal Aviation Administration 

In the matter of 

M&RHELICOPTERS 

DocketNo. CPlOSOOOll 

FAA Case No. 2009SO950434 

Chief Judge Ronnie A. Yoder 

COMPLAINANT'S REQUEST FOR DISCOVERY 

Pursuant to 14 C.F.R. § 13.220, the Complainant hereby requests that 

Respondent, M & R Helicopters, Inc. (Respondent or M & R Helicopters), provide to 

undersigned counsel for the Complainant the information and documents sought through 

this discovery request. The Complainant requests that M & R Helicopters' responses be 

received within thirty (30) days of the date of service of this document, which is January 

26,201 L M & R HeUcopters' responses to this discovery request should be sent by 

overnight courier or other means so that they are received on or before Friday, February 

25, 2011, by Laura Ponto, Attorney, Enforcement Division, AGe-300, Office of the 

Chief Counsel, 800 Independence Avenue, S.W., Wasliington, D.C. 20591, Facsimile 

(202)267-5106.* 

This is a continuing request, pursuant to 14 C.F.R. § 13.220(i), for Respondent to 

provide supplemental or amended responses to the discovery requests set forth below, as 

soon as new or different information becomes known to.Respondent, at any time through 

the date-of the hearing. 

' Due to security screening of all mail sent to the FAA through the U.S. Postal Service, significant delays 

can occur. Complainant, therefore, encourages the use of expedited means. 
In responding to the following requests for discovery, restate each request in its 

entirety, identify it by number, and provide Respondent's answer to the request. 

REQUESTS FOR DISCOVERY 

1. List and provide copies of all documents you intend to introduce as 

evidence in this case. 

2. Identify each and every person you intend to call as a witness in this 

proceeding by providing each person's name, occupation, and business address. Identify 

the nature of the tcstunony to be pro\ndcd (i.e., factual witJicss or expert witness). State 

the subject matter upon which each wimess identified is expected to testify, the nature of 

the knowledge possessed by each witness, and the facts to which each witness is expected 

to testify. 

3. Identify those wimesses, if any, that you intend to call as expert witnesses. 

Set fortli the subject matter upon which each expert witness is expected to testify, the 

facts and opinions composing the testimony of each expert witness, and a summary of the 

grounds for each opinion. Provide copies of current curriculum vitae for each expert 

witness. 

4. Provide copies of any statements made by witnesses identified in response 

to the preceding interrogatories concerning, referring to, or involving the circiunstances 

set forth in the complaint. 
Respectfully submitted, 

Peter J. Lynch 

Assistant Chief Counsel 

Enforcement Division, AGC-300 

^i^Vio 

Ponto, Attorney 

Enforcement Division, AGC-300 

FAA Office of the Chief Counsel 

800 Independence Ave., S.W. 

Washington, D.C. 20591 

Telephone: (202) 267-9863 

Facsimile: (202)267-5106 

Dated: January 26, 2011 
Certificate of Service 

I hereby certiiy that on this date I have placed in the U.S. mail, postage prepaid, 

certified retum-receipt, a copy of Complainant's Discovery Request. }n the Matter of 

M & R Helicopters, DocketNo. CPlOSOOOl 10, FAA Case no. 2009SO950434, 

addressed to; 

Dr. N4ichael B. Sehg 

President 

M & R Helicopters, LLC 

2045 Westgate Dr., Suite 205 

Bethlehem, PA 18017 

Dated: January 26, 2011 
ATTACHMENT B 
o 

U.S. Department Officeof the Chief Counsel 800 Independence Ave.. S.W. 

of Transportation Washington, D.C. 20591 

Federal Aviation 

Administration 

July 12,2011 

VIA CERTIFIED MAIL - RETURN RECEIPT REQUESTED 

Dr. Michael B. Selig 

President 

M & R Helicopters, LLC 

2045 Westgate Dr. 

Suite 205 

Bethlehem, PA 18017 

Re; DOT Docket No. CPlOSOOOll, FAA Case No. 2009SO950434 

Dr. Selig, 

To date, this office has not received Respondent's responses to Complainant's Request 

for Discovery, for which we requested receipt no later than February 25, 2011, by 

facsimile or other expedited means. Please provide the requested information by 

facsimile or other expedited means so that it is received by this office by the close of 

business on Friday, July 29, 2011. If this office is not in receipt of complete responses to 

Complainant's Request for Discovery by July 29, 2011, we will file a Motion to Compel 

with Judge Goodwin. If you have any questions, please feel free to contact me at the 

ntmiber below. 

Sincerely, 

Charles Raley, Attorney 

Enforcement Division, AGC-300 

Phone: (202)267-3357 

Facsimile: (202)267-5106 

Email: charles.raleyfgj.raa.gov