In the Matter of: ) 

) 

BIRMINGHAM FLIGHT CENTER, INC. ) 

) 

Respondent. ) 

Docket No. FAA-201 4-0867 

Judge J. E. Sullivan 

FAA Case No, 2012S0090053 

RESPONDENT'S MOTION FOR SANCTIONS 

IVE[) 

Now Comes the Respondent, Birmingham Flight Center, by its attorneys, Barnett 

& Borth, LLC and pursuant to Federal Rule of Civil Procedure Rule 26 and Rule 37 

moves this Court to impose sanctions upon the Complainant and in support states as 

follows: 

I. Factual Background: 

From the inception of the FAA's investigation to the present, the FAA has 

engaged in improper, sanctionable conduct that requires this Court's attention and 

consideration. 

a. Respondent's Discovery and The FAA's compliance: 

On March 16,2013, Respondent's counsel requested the FAA to produce the 

·releasable portions of the Enforcement Investigation Report (EIR) concerning this matter. 

(See Exhibit A). The Respondent's owner had also requested the releasable portions of 

the EIR from the Administrator's investigator, Yancey Rushton, on December 26 2012 1 

(See Exhibit A-1). Thereafter, FAA produced its EIR consisting of 50 pages. 

Subsequently the Administrator filed his complaint. 

On April 7, 2015, this Court issued its Federal Rule 16 Order setting litigation 

dates and procedures. (See Exhibit B). 

1 This letter, Exhibit A-1, was not included in the EIR. 

lli';,e• . ' - .:: ·~ 
On April 17, 2015, the Administrator provided the Respondent's counsel with the 

Administrator's initial Rule 26 disclosures. (See Exhibit C). Administrator's Rule 26 

disclosure names its investigator, Yancey Rushton, as an individual with discoverable 

information. (See Exhibit C at p.l ). The majority of the investigation performed by the 

Administrator was performed by his agent, Yancey Rushton. The Administrator's Rule 

26 disclosure also names Dr. Alan Long as an individual with discoverable information. 

(See Exhibit C at p.l ). Dr. Long was the individual for whom the subject demonstration 

flight was arranged and carried out by the Respondent. 

The Administrator's initial Rule 26 disclosures disclose the Administrator's EIR 

as the only documents that are relevant to this matter and no others. (See Exhibit C at 

p.2). The EIR disclosed by the Administrator pursuant to Rule 26 consisted of the 50 

pages previously produced. (See Exhibit C). 

On September l, 2015, this Court on the Administrator's motion extended the 

time frame allotted for the Administrator to comply with the Respondent's discovery 

requests. (See Exhibit D). Specifically, this Court's Order provides that: "On or before 

September 30, 2015 the FAA shall serve the Respondent with responses to the 

Respondent's April20, 2015 discovery requests." !d. Respondent's Requests for 

Production pertinent to the instant motion include: 

21 p ',, ' ,, -" 

2. Complete copies of all statements (oral, written, or 

transcribed, signed or unsigned) by parties or witnesses to 

this matter, including but not limited to individuals who: 

has or claims to have knowledge of any of the facts 

specified in the Final Notice of Proposed Civil Penalty. 

(See Exhibit Eat #2). 

7. All written documents, materials, exhibits, 

diagrams, plats, photographs, records, films, and the like to 

be used by your expetts and witnesses to prepare for 
testimony or create reports related to this matter. (See 

Exhibit E at #7). 

18. All correspondence and e-mails sent to or sent from 

Dr. Alan Long related to the subject flight. (See Exhibit E 

at #18). 

19. All correspondence and/or e-mails to-from Aviation 

Services Group concerning Dr. Alan Long and/or the 

subject flight. (See Exhibit E at# 19). 

25. All documents generated by Yancey Rushton, Pat 

Bruce, Clay Perkins, and David Hargett related to this case. 

(See Exhibit E at #25). 

On September 18, 2015, Respondent's counsel received the Administrator's 

discovery compliance. (See Exhibit F). With the exception of seven (7) additional pages 

of documents, the Administrator did not produce any further documents responsive to the 

above referenced Requests for Production. The total number of documents produced by 

the Administrator now stands at 57. (See Exhibit G). To date, no further documents 

have been produced by the Administrator and the EIR has not been amended to add any 

additional documents to the EIR administrative record. 

On September 23, 2015, the Department of Transportation Hearing Docket clerk 

signed a subpoena duces tecum drafted by Respondent's counsel and directed to witness 

Dr. Alan Long. (See Exhibit H). The rider to the subpoena requested e-m ails transmitted 

to and from Dr. Long and the Administrator's investigators and attorneys in similar 

fashion to the Respondent's requests for production of documents #18 and #25. (See 

Exhibit H at~~ 7-10). On November 3, 2015, Dr. Long's counsel mailed the Respondent 

documents responsive to said subpoena's rider. (See Exhibit 1). Dr. Long's subpoena 

compliance disclosed 87 pages of e-mails and other pertinent information responsive to 

Respondent's subpoena rider requests numbers 7 through l 0. (See Exhibits J and K). 
According to the cover letter for Dr. Long's subpoena compliance, the 

Administrator's counsel, Chris Stevenson, was also provided copies of these documents 

coincident with Dr. Long's disclosure of the documents to Respondent's counsel. 

However, an e-mail of Dr. Long to FAA attorney, Chris Stevenson, dated August 21, 

2015 indicates that the same or similar documents may have been provided to Mr. 

Stevenson (without subpoena) on or about August 24,2015 (See Exhibit M). From theemails and documents contained in Dr. Long's subpoena compliance it cannot be 

confirmed one way or the other if or on what date the document referred to in Dr. Long's 

August 21 e-mail were provided to Mr. Stevenson. 

It can be confirmed that Mr. Stevenson did provide 7 pages of documents to 

Respondent's counsel on September 18, 2015 and that these documents were among the 

87 pages of documents provided by Dr. Long in his subpoena compliance of November 

3, 2015. The documents disclosed by Mr. Stevenson on September 18,2015 are identical 

to and in the same sequential order as some of the documents contained in Dr. Long's 

subpoena compliance. (See Exhibit L). No other documents have been produced by 

Administrator's counsel. 

stated: 

On September 30, 2015, Mr. Stevenson wrote an email to Dr. Long in which he 

(A]dditionally, Birmingham flight center has requested that 

the judge in this case issue subpoenas to you (and Aviation 

Services Group) to produce certain documents in this 

matter. If and when you receive such a subpoena, please 

contact me (or have your attorney contact me). The 

requests appear to be improper in whole or in part, in 

that we are past the point in this litigation were new 

discovery requests have been made, and in that the 

requests appear to seek documentation that is not 

relevant to this case. You and/or your attorney may, of 
course, be able to identify other problems with the 

regards to this request. If you receive a subpoena, you 

will be required to comply with it unless something is file 

with the court seeking relief from the subpoena. (See 

Exhibit N)(Emphasis supplied). 

On October 27,2015, Mr. Stevenson sent an e-mail to Dr. Long that stated: 

I would like to speak with you and/or your attorney (at your 

option) about responding to this subpoena. As I mentioned 

last time we interacted, discovery is closed in this case (and 

was closed even before respondent obtained the subpoena, 

which I note is dated almost a month before it was served). 

Many of the questions seem overbroad as well but I 

can't speak as to how burdensome they would be 

without your input. Objection and/or motion to quash 

to some or all of the requests can come by way of my 

office or directly from you (presumably through your 

attorney). Please give me a call (and/or have your attorney 

give me a call) and we can discuss what response 

(objection, motion, compliance, or otherwise) is 

appropriate. (See Exhibit O)(Emphasis supplied). 

Respondent's counsel's urging of Dr. Long to move to quash Respondent's 

subpoena was preceded by his urging of Respondent's counsel to drop the subject of 

seeking any documents generated by Mr. Rushton or the other FAA investigators 

involved in this case. 

When the Respondent's counsel received no documents responsive to his request 

for production #25 concerning documents written by FAA investigators he sent a letter to 

Administrator's counsel seeking clarification and to address discovery concerns as Rule 

37 requires. On October 6, 2015, the Administrator's counsel responded by stating: 

"With regards to request for production #25, the FAA has also already provided the 

information required by Rule 26(b)(5)(A). As the FAA noted in its discovery response, 

the documents withheld include the report already discussed in the paragraph above ... 

The FAA further notes that, although the FAA objected to this request for production on 

51 !' ~~ ~ I_' 
the basis that the request covered documents that, if they existed, would be covered by 

the deliberative process privilege, no particular documents were withheld on this basis 

beyond portions of the EIR." (See Exhibit Pat p. 2) 

The conclusion that may be drawn from Mr. Stevenson's e-mails is that he did not 

want Dr. Long to fully comply with the Subpoena. The conclusion drawn by 

Respondent's counsel from his October 6 letter is that the Respondent had already 

received from the Administrator of all discoverable documents other than those that are 

cloaked with attorney work product privilege. Clearly, the subject documents are not 

privileged. But for the issuance of the subpoena to Dr. Long, these documents would 

never have seen the 1 ight of day. 

b. Sequestered Documents Discovered in Dr. Long's Subpoena . 

Compliance. 

While the EIR that was produced in this case does contain selected emails, 

statements and documents, a significant number of emails and statements were quite 

obviously withheld from inclusion in the EIR and were not produced by the 

Administrator in his Rule 26 Disclosure or in response to the Respondent's request for 

production of documents. A comparison of the documents contained in the ElR and 

those produced in Dr. Long's subpoena compliance for Rider requests numbers 7 through 

10 bears this out. (See for comparison, Exhibits G and L). One wonders how it is that the 

seven documents produced by the Administrator identically match the documents 

produced in Dr. Long's subpoena compliance but there is such a disparity in the number 

of documents produced by the respective individuals. Almost all of the documents 

61 1.' ., '.' . ' ·- ~ 
sequestered by the Administrator are of particular significance to this case.2 Some 

examples of the significant sequestered documents are as follows: 

A statement written by Dr. Long on October I, 2012 that sets forth information 

not contained in his subsequent statements including information that Dr. Long was using 

the Respondent to seek out airplanes to purchase (including the aircraft used for the 

subject demonstration flight), the fact that the Respondent sent Dr. Long operating cost 

projections for the model aircraft used for the demonstration flight (among others), Dr. 

Long's prior interaction with Premier Group (the aircraft broker that arranged the 

demonstration flight with one of its clients who was selling the airplane used in the 

subject demonstration flight), Dr. Long's prior discussions with the Respondent 

concerning using the subject airplane or similar jet in demonstration flight(s), and the 

statement: "I called Steven Pickett that night and asked him what was going on. He said 

not to worry about it that he would call Stephen Allen Junior and take care of it. Later 

that night I received an email from Steven Allen Jr. thanking me for the demo flight. It 

was at that point I assume that this was the demo flight that we had been talking about. 

(See Exhibit J at pp. LONG 441-443). 

Documentation respecting the cost projections that were provided to Dr. Long by 

Respondent was included in Dr. Long's subpoena compliance. Like many other pertinent 

and relevant documents, the cost projections were not included in the EIR and were not 

disclosed in the Administrator's discovery responses. According to the Inspector's 

Statement of FAA investigator, David Hargett, a spec sheet on the subject airplane was 

provided to him by the Respondent. That was not included in the EIR either. 

2 It should be noted that it is not known how many other documents have been sequestered concerning 

other witnesses or subjects beyond Dr. Long's subpoena compliance. 

711' c 'l :_~ " '~ ' 
Respondent's Supplemental Request for production seeking that document was countered 

by Mr. Stevenson with an objection that the request was untimely. (See Exhibit Q). 

The Administrator answered Respondent's request to produce statements by 

stating: "All statements in the possession of the FAA were included in the ElR and copies 

were previously provided to the Respondent." (See Exhibit Fat p.2). Dr. Long's 

disclosure of his October 1, 2012 statement and the accompanying emails that 

demonstrate that this statement was provided to the administrators investigator, Yancy 

Rushton, the same day it was created prove that the FAA's response to respondent's 

request to produce #2 is patently false. In addition, Respondent's request for production 

asked for "All correspondence and e-mails sent to or sent from Dr. Alan Long related to 

the subject flight. (See Exhibit Eat #18). 

The Administrator's response was: "In addition to documents previously 

produced, see attached. Additionally, the FAA notes that this request appears to seek 

documents that would primarily be in the possession of persons other than the FAA (or 

its employees), and that the FAA makes no representations as to what documents third 

parties may possess." (See Exhibit Fat #18). If these e-mails drafted by Mr. Rushton 

were outside the definition of"atl correspondence and emails sent to or from Dr. Long 

they were surely the Respondent's Request #25 covered these documents Request #25 

asked for "All documents generated by Yancey Rushton, Pat Bruce, Clay Perkins, and 

David Hargett related to this case." (See Exhibit Eat #25). The administrator's response 

was: "Objection, privileged. The documents generated by the named individuals 

concerning this case include deliberative process privileged materials, such as the abovereferenced opinions in the EIR, as well as internal discussions between FAA personnel 

811'ctcc.· 
about the investigation. The documents also include attorney-client privileged materials. 

Not waiving and notwithstanding those objections, all non-privileged documents have 

previously been produced." (See Exhibit F at #25). 

As is demonstrated by some of the following emails written by FAA investigator, 

Mr. Rushton, not only was Dr. Long's October l, 2012 statement sequestered, never 

included in the EIR and never disclosed by the FAA in its discovery responses, but Mr. 

Long was continuously contacted by Mr. Rushton to amend and shape a subsequent 

statement. The subsequent statement written by Dr. Long's on October 12,2012 

excludes his October I references to the Respondent and other individual's efforts to 

assist him in the location in potential purchase of a citation jet and the background facts 

and his impressions concerning the subject demonstration flight. (See Exhibit J at pp. 

LONG 474-475). 

The revised statement found its way into the EIR and was disclosed by the 

Administrator both in his rule 26 disclosure and response to the Respondent's Request for 

Production of documents. The October I, 2012 statement of Dr. Long was buried by the 

Administrator. But for the diligence of the Respondent in seeking documents from Dr. 

Long, these documents would never have been unearthed. 

fn addition to the revelation of Dr. Long's initial statement, a number of e-mails 

written by the Administrator's primary investigator, Yancey Rushton, that were subject to 

disclosure by Rule 26, the Respondent's Requests for Production and letter and spirit of 

the ElR and email provisions of FAA Order 2150 were uncovered in Dr. Long's 

subpoena compliance. These emails of Mr. Rushton were drafted and sent to Dr. Long 

following a meeting that Mr. Rushton had with Dr. Long at Dr. Long's medical office on 

911 , ., .. ,. ( ' c' ·~ 
September 21, 2012. The tenor of that meeting can be gleaned by reading the opening 

portion of Mr. Rushton's record of conversation drafted on September 22,2012 in which 

he stated: 

The meeting was initially somewhat aggressive because Dr. 

Alan long did not understand who I was and why I was 

speaking with him. He was extremely frustrated and 

initially threatened to call his attorney. I encouraged him to 

do that and decided I would just leave and meet with him 

another day. He cooled down quickly though and asked me 

to stay. He proceeded to tell me that he didn't want to get 

caught up in anything and that was the reason for his 

frustration. He also explained that he didn't want his family 

to know about his flying or that he owned an aircraft. After 

Dr. Long realized that I wasn't there to turn his office 

upside [dowu) he softened aud begau to speak more 

freely with me. (See Exhibit R)(Emphasis supplied). 

Against this backdrop, Dr. Long wrote his October I, 2012 statement. Following 

his receipt of Dr. Long's October I statement, Mr. Rushton began an email campaign that 

began on October 3, 2012 and ended the same day that Dr. Long provided is revised 

statement. The information that Mr. Rushton provided in these emails sets forth Mr. 

Rushton's obvious animosity for the Respondent and contains misinformation and false 

information concerning the Respondent. A sample of the pertinent em ails sent by Mr. 

Rushton to Dr. Long follows: 

October 3, 2012@ 7:49am: 

Thanks for your time last night. I was wouderiug if you 

knew who your insurance carrier was for the airplane 

and if you have a copy of the pilot forms submitted ... We 

all make mistakes and I understand that but this is not a 

one-time mistake. This is a systemic issue and it needs to 

be corrected. (See Exhibit J at p. LONG 444)(Emphasis 

supplied). 

October 3, 2012@ 8:21am: 

Even if you sign something, I give you my word that you 

will be left out of this. You are new to aviation and are 
l1 I ~' " ,~ ,. 

relying on these more experienced aviators to help and 

guide ymL I need your help to stop this and I need you 

to look at your wife and eight kids and think about what 

could've happened to you, your practice, and your 

family. Thanks Doc. I know you don't want to be 

involved and I will keep you ont of this hut I need your 

help. See Exhibit J at p. LONG 445). (Emphasis supplied) 

October 3, 2012@ 3:33pm: 

Thanks Doc. You are doing the right thing. It takes a strong 

man to do what's right sometimes and I appreciate it and so 

do the others who might be helped/saved etc in the future. 

We all make mistakes, but purposeful deception that pn ts 

other lives in assets at risk will not be tolerated. That is 

what occurred here. This was not an innocent case of a 

misunderstanding. BFC knew what they were doing and we 

are going to prevent this from happening again. It's not 

pleasant to see kids in innocent people burned 

/mutilated /and injured and especially unpleasant when 

yon know it was all in the interest of chasing the 

almighty dollar. (Exhibit J at p. LONG 451 )(Emphasis 

Supplied). 

October 4, 2012@ 3:36pm: 

I guess that should tell you something about the manager of 

your aircraft. You think you would have been covered 

had something happened?? Good luck. Please keep all of 

this to yourself to help us. Pickett does not need to know 

what we know. (Exhibit J at p. LONG 458)(Emphasis 

supplied). 

October 12,2012@ 10:57 pm: 

Doc: You do whatever you need or feel like doing. I would 

just say, he knows the hammer is about to fall and you 

just need to remember that he flew your wife uninsured, 

allow Justin to fly uninsured, and used your plane (New 

Orleans) for his purposes, not yours. I am all about helping 

people and understanding mistakes. This case is not about 

that. This is about greed, and a complete lack of concern 

for others and safety all in the interest of making a 

buck. He proved to me that he doesn't care and that's 

why he needs to be taken down. He knows he was wrong 

and he wants to talk and make you feel sorry for him. Do 

what you want and I don't care, but understand this, this 

is not his first rodeo. If he walks he will do this again to 

somebody else just like you. He played with your assets 
and your family's safety. He put it uninsured 

unqualified pilot in a plane with your wife and family. 

Remember that I represent you and him and I have no 

interest in winning anything. I care about lives and safety 

and I see a lot of horrible deaths from people tbat are 

qualified and fly planes they shouldn't be flying. 

Mistakes are one thing. Willful acts of negligence are 

another. Good night. (See Exhibit J at pp. LONG 466-467) 

(Emphasis supplied) 

October 12,2012 @!1:10pm: 

One last thing. Please understand, I am not out to get 

anyone. I'm just trying to protect you, your wife, me, 

and the random person on the street. This was careless, 

disrespectful, and self-centered. It wasn't a[n] innocent 

mistake it was calculated and deceitful. (See Exhibit J at 

LONG 468) (Emphasis supplied). 

Mr. Rushton had no evidence that there was no insurance coverage on the 

demonstration airplane, had no evidence that the Respondent's pilot was not qualified, 

had no evidence that of crashes in similar situations, had no evidence that the Respondent 

had any prior violations or that the Respondent was engaged in "systemic" violations. In 

fact, the EIR compiled by Mr. Rushton contains no information or documents that would 

support any of the insinuations that he made in his emails to Dr. Long. Based on the 

energy and effort spent by Mr. Rushton in shaping Dr. Long's attitude and taking 

multiple statements of a number of the witnesses in this case, one would think that Mr. 

Rushton sought and received most if not all ofthese documents back in 2012. Theemails were quite obviously in the Administrators possession years before the Respondent 

requested them. Another email that came to light in Dr. Long's subpoena compliance 

demonstrates Mr. Rushton's continued propaganda efforts. 

121 p" !• ... 

April II, 2013@ I :27 pm: 

Hey Doc. Just a question/comment. I received an 

anonymous and very unprofessional and rude letter about 

the people we are discussed discussing two days ago 
implying that I have done nothing about the school in 

question or the individual. I don't think her assume you 

would write such a letter but you might know the people 

who did write this letter. If so, please pass on and 

understand that I'm doing all I can within the structure of 

the system and I think we have a strong case and we are 

going to see some results. Having said that, we also live in 

America where people are innocent first (thankfully) and 

the burden of proof is on me not them. Things that appear 

obvious and clear still must be proved beyond a shadow of 

doubt and that is a good thing. Sometimes unfortunately 

though, the people that pay the highest price are not always 

the worst offenders and in this case I do feel badly for the 

one individual who has really paid the highest price so far. 

The other house of cards will fall too though I think you 

will see the results you are hoping for. Bottom line, if you 

are talking with people who wrote me that letter two days 

ago, this FSDO is aware of the concerns and issues and we 

are working very hard to see that justice is served. Nothing 

has been swept under a carpet and nobody has been paid 

off(to my knowledge). (See Exhibit J at p. LONG 483) 

II. Argument: 

The conduct of the Administrator and his agents in this case has demonstrated that 

the integrity of the FAA, the enforcement process and•this litigation has been damaged 

past the point that could be considered an objective investigation or advocacy in a civil 

penalty action or any FAA action. 

a. Violations of FAA Order 2150.3 B 

According to FAA Order 2150.3 B, "To be effective, the agency's compliance 

and enforcement program must be fair and reasonable and should be perceived as fair by 

those subject to regulation ... It does encompass the right of an apparent violator to be 

given objective, evenhanded consideration of all circumstances surrounding the 

allegations before tina! action is taken. It also requires good faith efforts to understand 

the apparent violator's position and take it into account. ... " FAA Order 2150.3 B Ch. 2 

131 i' " '' ,. 
~g. The introductory remarks concerning the creation of an EIR state that: "The 

Enforcement Investigative Report (EIR) is the means for documenting, assembling, 

organizing, and presenting ail evidence and other relevant information obtained during 

an investigation. FAA Order 2150.3 B Ch.8 -,r l. (Emphasis supplied). 

In this case, it is apparent that the investigation carried out by Mr. Rushton was 

not evenhanded and that little or no effort was taken to understand the apparent violator's 

position. As set forth in the factual section above the investigation was undertaken in a 

heavy handed manner as potentially exculpatory documents and statements were 

collected and purposely left out of the EIR. To make matters worse, these documents 

were never disclosed by the Administrator's counsel when they were clearly part of the 

FAA's corporate memory and were subject to disclosure. Instead the Respondent 

received a selective, incomplete set of documents that had been cherry picked prior to 

disclosure. Numerous other dictates of Order 2150.3 B were also either disregarded or 

were patently violated. Some of the relevant examples are cited and explained below. 

FAA Order 2150.3 B dictates that: "FAA investigative personnel's role in an 

investigation is to gather ail material, relevant evidence that either proves or disproves 

the potential violation that precipitated the investigation." FAA Order 2150.3 B Ch.4 -,r 2 

a. (Emphasis in original). The records and other documents guidelines contained in FAA 

Order 2150.3 B provide, in part, that: "Records and other documents are perhaps the most 

common type of evidence gathered by FAA investigative personnel. FAA investigative 

personnel gather and obtain all documents that are relevant to matters that are being 

investigated." FAA Order 2150.3 8 Ch. 4 ~ 10 (c) (I 0). Obviously not all materials that 

may serve to disprove a potential violation was included in the EIR or disclosed. It is not 

141 i' il 
for the investigator to decide to leave potentially damaging information out of the EIR 

and it is not for the Administrator's counsel to leave this information out of discovery 

compliance. 

The evidence provision ofF AA Order 2150.3 B dictates that: "Evidence includes 

all the means by which any alleged fact tends to be proved or disproved.,, If FAA 

investigative personnel are unsure about the relevance of a piece of evidence, they secure 

and preserve the evidence and consult legal counseL" FAA Order 2150.3 B Ch.4 ~ 10 a. 

(Emphasis supplied). Here a wealth of relevant evidence was buried. To state that this 

new found evidence is not relevant to this action strains all notions of credibility. 

The communications with counsel provision of FAA Order 2150.3 B dictates that: 

FAA investigative personnel share information and communicate as needed with legal 

counsel during an investigation and the processing of enforcement cases." FAA Order 

2150.3 B Ch.4 ~ 4 d (Emphasis supplied). Was this information shared with counsel? 

From the disclosed ElR and Administrator's discovery responses, the answer to this 

question is unknown. 

The witness interview guidelines contained in FAA Order 2150.3 B provide that: 

No promises of confidentiality may be given without prior consultation with FAA legal 

counseL .. Do not discuss with witnesses any possible sanctions ... The report of 

interview must not contain personal opinions of the interviewer. . FAA Order 2150.3 B 

Ch. 4 ~ 10 (c) (3). Many of the investigator's statements contain personal opinions and 

surely some of the em ails that Mr. Rushton sent to Dr. Long included promises of 

confidentiality as stated in one of Mr. Rushton's October 3, 2012 emails: "I give you my 

word that you will be left out of this ... Thanks Doc. I know you don't want to be 

151 ,, ' ' ' I ",·' 
involved and I will keep you out of this." (See Exhibit J at p LONG 445). "Please keep 

all of this to yourself to help us. Pickett does not need to know what we know." (Exhibit J 

at p. LONG 458). 

The preparation of witness statements guidelines contained in FAA Order 2150.3 

B provide, in part, that: "FAA investigative personnel do not dictate the content of the 

statement." FAA Order 2150.3 B Ch.4 4 'If 10 (c) (6). Perhaps Mr. Rushton did not 

dictate the content of the statements filed by Dr. Long after October 1, 2012, but he sure 

went out of his way to influence the thinking of Dr. Long by bringing out visions of plane 

crashes and greed. There was no accident or incident involved here and there is no 

evidence that the Respondent somehow profited from the demonstration flight. 

The copying of records an authenticity of records guidelines contained in FAA 

Order 2150.3 B provide, in part, that: FAA investigative personnel exercise care to 

assure that documentary evidence obtained is current and applicable to the time of 

the violations in question and that prior or later versions of documentary evidence 

that may be important to a case are also included in the EIR. FAA Order 2150.3 B 

Ch.4 'If 10 (c)(12). (Emphasis supplied). Similarly, the electronic evidence provision of 

FAA Order 2150.3 B dictates that: "Portions of the electronic evidence relevant to the 

investigation are printed out on discovery and included in the ElR." FAA Order 2150.3 B 

Ch.4 'If I 0 ( c )(29). The electronic documents provision ofF AA Order 2150.3 B dictates 

that: "For electronic documents, FAA investigative personnel identify a witness who can 

testify the printout is a correct reflection of the information contained in the electronic 

format and obtain a signed statement from that witness to include in the EIR as an item of 

proof." FAA Order 2150.3 B Ch.4 'If 10 (c)(30). The email provision of FAA Order 

16!1' ·' 0 <: 
2150.3 B dictates that: "'For e-mail messages, FAA investigative personnel identify as a 

possible witness the recipient of the e-mail and include in the EIR as an item of 

proof a signed statement from that witness stating the circumstances under which theemail message was received. When putting in an e-mail message as an item of proof, 

FAA investigative personnel obtain the entire e-mail, including the original message 

and all replies, as well as the routing information. FAA Order 2150.3 B Ch.4 ~ 10 (c) 

(31) (Emphasis supplied). 

Where are all these emails contained in the EIR? The Administrator did leak a 

few out by way of the EIR and some were disclosed in discovery but all of the emails 

cited above and many others were never disclosed or included in the EIR as required by 

the above cited provisions. 

In its September 19, 2013, final rule implementing changes to 49 CFR 821.19, the 

NTSB finalized an amendment to paragraph (d) of that section that provides: 

(d) Failure to provide copy of releasable portion of 

Enforcement Investigative Report (EIR). (I) Except as 

provided in § 821.55 with respect to emergency 

proceedings, where the respondent requests the EIR and the 

Administrator fails to provide the releasable portion of the 

EIR to the respondent by the time he or she serves the 

complaint on the respondent, the respondent may move to 

dismiss the complaint or for other relief and, unless the 

Administrator establishes good cause for that failure, the 

law judge shall order such relief as he or she deems 

appropriate, atler considering the parties' arguments. 49 

CFR 821.19 (d). 

As demonstrated above, the Administrator failed to provide Respondent with all 

releasable portions of the EIR and cannot meet any of the criteria for exception to the 

provisions of 49 CFR 821.19 (d) set forth in 49 CFR 821.19 ( d)(2). No good cause 

1711'"'''' 
exists for the Administrator's violation of this rule. Accordingly, this Court should 

dismiss the Administrator's complaint with prejudice. 

b. Violations of Federal Rules of Civil Procedure Rule 26 and Rule 37 

This Court entered an Order requiring the Administrator to comply with Rule 26 

and to comply with the Respondent's discovery requests. The Administrator violated that 

order. Rule 26 (e) provides: 

Basis for Initial Disclosure; Unacceptable Excuses. A party 

must make its initial disclosures based on the information 

then reasonably available to it. A party is not excused from 

making its disclosures because it has not fully investigated 

the case or because it challenges the sufticiency of another 

party's disclosures or because another party has not made 

its disclosures. 

Rule 37(c) provides for alternative sanctions in addition to, or in lieu of, the 

sanction of exclusion of the non-released discovery. The alternative sanctions are set up 

to provide relief for the present situation where preclusion of evidence is not an effective 

incentive to compel disclosure of information that would benetit the party to whom it was 

not disclosed. Where, as here, the Administrator possessed evidence that would tend to 

support the Respondent's position; excluding such evidence would not punish the 

Administrator or afford a remedy to the Respondent. Therefore, in addition to the 

automatic preclusion of evidence, district courts may impose other appropriate sanctions. 

In addition to requiring payment of reasonable expenses, including attorney fees, 

caused by the failure to disclose, these sanctions may include an order that facts be taken 

to be established under Rule 37(b )(2)(A); an order striking pleadings, dismissing the 

action or proceeding or any part thereof, or rendering a judgment by default against the 

disobedient party under Rule 37(b)(2)(C). While dismissal is a severe sanction, in this 

1811' ;1 C.;' 
case it is warranted as bad faith is present. Dismissal may be "imposed only if the court 

concludes that a party's failure to cooperate in discovery is due to willfi.Ilness, bad faith, 

or fault." Reg'] Refuse Sys., Inc. v. Inland Reclamation Co., 842 F.2d 150, 153-54 (6th 

Cir. 1988). Deeming certain matters established and precluding the Administrator from 

supporting it claims is proper. Patterson v. State Auto Mut. Ins. Co., I 05 F.3d 1251, 1252 

(81

h Cir. 1997). The striking of pleadings or portions thereof is also a sanction that may 

be imposed in a case such as the present one. Second Chance Body Armor, Inc. v. 

American Body Armor, Inc., 177 F.R.D. 633, 637 (N.D. Ill. 1998). Dismissing or 

entering judgment as to part or all of the action is also a sanction that would be 

appropriate in this case. Wade v. Soo Line R.R. Corp. 500 F3d 559, 562 (71

h Cir. 2003). 

In this case, the Administrator has advocated from initial disclosures and 

discovery responses that they were reasonably believed to be true when made. Rule 26(g) 

sanctions are, therefore, warranted. Rule 26(g) is tested from the date of the signing of 

initial disclosures and responses. Rule 26( e) requires the Administrator to supplement, 

which in this case is rather moot in light of the fact that the Administrator possessed the 

subject documents even before this litigation began. 

The Court may sanction the Administrator for failing to do so under Rule 37. The 

rather severe sanction of dismissal is also appropriate when the nature of this case is 

considered. Being a case governed by the principles of administrative law, had this case 

been tried with the cherry picked EIR that the Administrator provided, the administrative 

record would be devoid of all of the newly unearthed information and evidence and all 

appeals to this action would be reviewed on a bogus administrative record. Based on the 

191!' Cl .~ C 
facts presented, this Court should dismiss this case with prejudice and impose further 

sanctions as the Court deems appropriate. 

WHEREFORE, for the foregoing reasons, the Respondent respectfully requests 

that this Court grant the Respondent's motion for sanctions, dismiss the Administrator's 

case with prejudice and impose such further sanctions as the Court deems proper and just 

under all of the circumstances. 

Respectfully submitted, 

BARNETT & BORTH, LLC 

Dated: November 17,2015 

c:~~~" 

Paul R. Borth 

Counsel for Respondent, Birmingham Flight Center, Inc. 

Barnett & Borth, LLC 

800Waukegan Road 

Suite 200 

Glenview, IL 60025 

Tel. (847) 724-5520 

Fax (815) 356-7042 

prb@barnettlegal.com 

20 1 P :1 ~· ,, 
CERTIFICATE OF SERVICE 

I hereby certify that I have sent via FedEx the foregoing RESPONDENT'S 

MOTION FOR SANCTIONS addressed to: 

Federal Aviation Administration 

600 Independence Avenue, S. W. 

Wilbur Wright Building- Suite 2Wl000 

Washington, D.C. 20591 

Attention: Hearing Docket Clerk, AGC-430 

The Honorable J. E. Sullivan 

Administrative Law Judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

1200 New Jersey Ave. SE (£11-310) 

Washington D.C. 20590 

I hereby certify that I have sent via e-mail the foregoing RESPONDENT'S 

MOTION FOR SANCTIONS addressed to: 

Christopher Stevenson 

Complainant's Counsel 

Federal Aviation Administration 

Office of the Regional Counsel, AS0-7 Southern Region 

1701 Columbia Avenue College Park, GA 30337 

Via e-mail: Chris.Stevenson@faa.gov 

Dated: November 17,2015 

Pau I R. Borth 

Counsel for Respondent 

Barnett & Borth, LLC 

800Waukegan Road 

Suite 200 

Glenview, IL 60025 

Tel. (847) 724-5520 

Fax (815) 356-7042 

prb@barnettlegal.com 

2lll':tccc 
U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS, WASHINGTON, DC 

In the Matter of: ) 

) 

BIRMINGHAM FLIGHT CENTER, INC. ) 

) 

Respondent. ) 

Docket No. FAA-20 I 4-0867 

Judge J.E. Sullivan 

FAA Case No, 2012S0090053 

RULE 37 CERTIFICATION 

I hereby certify that I have in good faith attempted to confer with Administrator's 

counsel respecting discovery in this matter and that the Administrator's counsel has failed· 

to provide full and complete disclosure of documents and the Administrator failed to 

provide a complete copy of the releasable portions of the EIR. The representations 

concerning discovery and the EIR are contained in the Exhibits attached to the foregoing 

brief and include, Exhibit F, P, and Q. The subject matter of this motion while 

addressing discovery is one addressing sanctions. As such, the parties are unable to reach 

an accord. 

Respectfully submitted, 

BARNETT & BORTH, LLC 

Dated: November 17,2015 

PaulR.Borth 

Counsel for Respondent, Birmingham Flight Center, Inc. 

Barnett & Borth, LLC 

800Waukegan Road 

Suite 200 

Glenview, lL 60025 

Tel. (84 7) 724-5 520 

Fax (815) 356-7042 

prb@barnettlegal.com 
U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS, WASHINGTON, DC 

In the Matter of: ) 

) 

BIRMINGHAM FLIGHT CENTER, INC. ) 

) 

Respondent. ) 

Docket No. FAA-201 4-0867 

Judge J.E. Sullivan 

FAA Case No, 2012S0090053 

EXHIBITS TO RESPONDENT'S MOTION FOR SANCTIONS 
BARNETT & 

800 WAuKEGAN RoAD, SUITE 200 • GLENVIEW, ILLINOIS 60025-4387 

847-724-5520 • \VIVIV.BARNETILEGALCOM 

CHARLES R. BARNETT, III 

CRB(q").BARNETTLEGAL.C0.\1 

March 16,2013 

PAUL R. 80RTII 

PRB@BARNETTLEGAL.CO\tf 

Deitrick H. Johnson, Esq. 

FAA,AS0-7 

Via US Certified Mail and fi:Jcsimi/e 404-305-5223 

P.O. Box 20636 

Atlanta, Georgia 30320 

RE: Birmingham Flight Center 

20 12S0090053 

Dear Mr. Johnson, 

I have the privilege of representing Birmingham Flight Center regarding the abovereferenced FAA civil penalty. By way of this letter, we are requesting an informal conference to 

be held at the Great Lakes Region in Des Plaines, Illinois following our review of the EIR. 

Accordingly, please forward to this office all releasable portions of the EIR for this matter. 

I look forward to discussing this matter with you. 

cc: Mr. Steven Pickett 

Birmingham Flight Center 

Very Tru~ly Yours, 

/~>~u- /~ 

Charles R. Barnett, III 

EXHIBIT E 

3 

~ 

·~ 

____ A 1 , 

815-356-8647 • 815-356-7042 fax • Toll Free 800-578-5512 

L\Kf' IN Tr-JF H rLLS AmroRT (3CK) • 8411 Pvon RoAD, SuiTE 110 • LAKE IN THE HILLS, I LUNOJS 60156 - 9704 
Steven & Sandi Pickett 

Birmingham Flight Center, LLC 

4243 E. Lake Boulevard 

Birrnffigham, Alabama 35217 

December 26,2012 

Yancey Rushton 

Aviation Safety Inspector 

U.S. Department of Transportation 

Federal Aviation Administration 

1500 Urban Center Drive, Suite 250 

Vestavia Hills, Alabama 35242 

Re: FileNo. 20 !2S009005 3 Letter oflnvestigation 

Dear Mr. Rushton: 

p.? 

• 

Pursuant to the second Letter oflnvestigation (LOI) issued ~y the ASO-FSD0-09 dated 

14 December 2012, ( attch 1 ), tills is a notice to the Administrator as to the apparent breaches in 

protocol regarding the compulsory disclosure of the "Pilot's Bill of Rights" in accordance with 

PL 12-153, dated 3 August 2012 (attch 2). As you are aware, I was also issued an LOI by your 

office dated 14 October 12 (attch 3), with the same file number, also referencing the llight of 18 

September 2012. 

It's apparent to me that the first letter was issued \Vithout the inclusion of my rights as 

dictated by Public Law 12-153 which became effective prior to the flight in question and prior to 

the LOI dated 14 October. The provisions o[Sec 2, para B (2) a,b,c,d of the law would have 

altered the response and disclosures following the initial notification by myself and possibly the 

response of Mr. Shawn Flowers whose case has already been adjudicated. It's readily apparent 

that the disclosures ofl\1r. Flowers are also pivotal to the Administrator in the exccutia11 of my 

case. In addition to the violation that Mr. Flowers received in his case, I feel that the evidence 

that the Administrator received from both Mr. Flowers and myself were obtained outside of the 

provisions oflaw. 

It appears that this is the Administrator's second attempt to notify and collect evidence 

with regards to th~ iligbt of 18 September 2012, as if any previous disclosures and submissions 

were now inadmissible due to failing to disclose the Pilot's Bill of Rights. l take serious issue 

• 

with !Iris course of action since the Administrator's inve>tigators new benefit from the "fruit of 

the poisonous tree" as it attempts to execute my case. Despite the docutnenL.<; that may no longer 

be included in the Enforcement Investigative Report (EIR), evidence has been presented and 

statements have been made to the Administrator that were presented without the benefit of a 

thorough understanding of or without a written receipt of these lights. 

EXHIBIT 

A-1 
p,8 

• 

Since the Administrator appears to have operated outside the confines of the law, 1 feel 

that it may be in my best interest to obtain expe11legal representation throughout the remainder 

of this case. Please advise me if the Administrator intends to continue to pursue this matter in 

light of the facts as they have been presented. 

Additionally,! am requesting a copy of the "releasable portions of the Administrator's 

investigative report" as provided in Sec. 2, para B (2) e. 

Respectfully, 

Sandi M. Pickett 

Owner 

Birmingham Flight Center, LLC 

Steven M. Pickett 

Ovvner 

Birmingham flight Center, LLC 

cc: Linda Silvertooth, Manager, ASO-FSD0-09 

Eddie L. Thomas, Southern Region Legal Counsel 

alj@ntsb.gov 
2015-04-07 11:29 DOT 1 » 1-815-356-7042 p 1/6 

In The Matter Of: 

BIRMINGHAM 

FLIGHT CENTER 

Respondent 

SERVED: APRIL 7, 2015 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, DC 

) 

) Docket No. F AA-20 14-0867 

) 

) 

) Case No. 2012S0090053 

) 

ORDER SETTING LITIGATION DATES AND PROCEDURES 

On January 6. 2015. an Order Setting Rule 16 Litigation Scheduling Conference and 

Directing Rule 26(1) Planning and submission was filed. 

On March 20, 2015, the parties filed a Joint Pt·oposed Scheduling and Discovery Plan. 

On April 7. 201 5. the parties appeared by telephone for the Rule 16 Litigation Scheduling 

ConforQno8, :md di>cus,~rlthcir discovery plan. calendar availability. hearing dates. and other 

litigation procedural matters. 

Pursuant to 14 C.F.R. § 13.205(a)(1 ). (6) and (7). Civ. R. 16. 14 C.f.R. § 13.217. and 14 

C.F.R. § 13.220. and after reviewing all relevant case law. regulation. statutory authority, and 

being fully advised~ 

IT IS HEREBY ORDERED: 

A. The litigation dates. discovet'Y procedut·es. and healing. dates are hereby set as follows: 

I. April I?, 2015: Deadline for Initial Oisclo~urcs. To ensure that the parties have 

Sllfficiellt time to address all isst~es in displlte. on or before April17, 2015 the parties 

shall serve each other with initial disclosures (as described in Civ. R. 26(a)(l )(A)(i). (ii). 

and (iii)) without waiting for a specific discovery request. 

2. On or before April 20, 2015: Gcncml Discovery I nitiutcd. Pursuant to 14 C. F. R. 

~ 13.220(a). the parties may immediately begin conducting g.cn<::ral disctJVCI"Y· In order to 

ensure full use of the discovery time allotted in this cas~. the pm1ics shall begin 

exchanging or serving general discovery requests on or before April20, 2015. pu1•suant 

to !4 C.F.R. § !3.220 (b). (c). (d) and (e). General discovery includes, but is not limited 

to: notices ofdcposition: requests for production of documents; propounding. 

interrog.<llories: requests for admission: etc. 

EXHIBIT ' 

.~ E: 

B ~ ----'=---
2015-04-07 11:29 DOT 1 >> 1-815-356-7042 p 2/6 

3. Service oflmerrogatories. Pursuant to 14 C.F.R. § 13.220(k)(l), a party shall not serve 

more than thirty (30) interrogatories upon each other. Each subpart of an interrogatory 

shall be counted as a separate interrogatory. 

a. OQiection(s) to Interrogatories. Pursuant to 14 C.F.R. s 13.220(k). any objection 

in response to an interrogatory must include the reason(s) supporting the 

objection. 

4. Motions to Limit Discovery upon Receipt of Discovery Request: A party served with a 

discovery t'equest who seeks to limit discovery pursuant to 14 C.F.R. § 13.220(!). (g). and 

(h). shall tile a Motion for Reliel'within ten (10) days after service of the disputed 

discovery request. 

a. Good Faith Declaration Included: The Motion should include a declaration by the 

moving party. con!irmlng lh>~t the movant has already conferred or attempted to 

canter in good faith with the opposing party regarding the disputed discovery or 

disclosure, to try and resolve the matter informally. prior to seeking courtr~licf. 

b. Copy of Disputed Discovery: Pursuant to 14 C.F.R. § 13.220(b), only a copy of 

the disputed discovery, in support of the motion, should be attached to the Motion 

or the Response. 

c. Response to Motio11 to Limit Discovct·v: A11y Response to th~ Motion should be 

filed no later than ten (10} days after service of the Motion. 

5. Motions to Compel Discovery: A party seeking to compel discovery must tile a Motion 

to Compel within ten (1 0) days after service of a d~!icient response or after the r.:sponse 

to the discovery is due. whichever occurs first. 

a. l'rocedure for Motion: Any Motion and/or Response to Compel Discovery shall 

be fLied in the same manner as directed above for Motions to Limit Discovery 

(paragraph 4 and 4 (a)-( c)). 

6. Retaincd/Uircd or Employee Expert Witness Disclosures. If a party retains or hires a 

witness to provide expert testimony, or a party int~nds to lltilizc the testimony ol'an 

employee to give expert testimony- then the pmty intending to offer such witness shall 

disclose this retained or employee expert witn~ss to the opposing sid~ put·suant to the 

timeline below. The c)( pert witness disclosure shall include the nan1e of the witness. the 

witness's expert resume or qualifications. and the witness's written report or statement of 

opinion (including disclosure of the basis of that opinion). 

;1) FAA E.~pert Disclosure Deadline: Mny IS, 2015. 

b) Respondent Expert Disclosure Deadline: Mny 29, 2015. 

c) Expert Rebuttal Reports Deadline: .June 12, 2015. 

Page 2 ofs 
2015-04-07 11:30 DOT 1» 1-815-356-7042 p 3/6 

7. Duty to Supplement or Amend Discovery: Pursuant to 14 C.F.R. § 13.220(i). a party 

who has responded to a discovery request in this case has a duty to supplement or amend 

th€ response throughout the litigation period. as soon as the information is known. 

8. June 19, 2015: Deadline for Issuing Subpoena~/ Arranging for Depositions. On or 

before .June 19, 2015. the parties shall issue subpoenas and/or mutually arrange for 

depositions ol' witnesses and cxpetis ns may be necessary. 

9. August21, 2015: Deadline for Completing General Discovery. On or before August 

21, 2015, the parties shall finish responding and serving answers to all general discovery 

requests pmsuant to 14 C.F.R. ~ 13.220. This includes the taking of fact witness and 

expert witness depositions. pursuant to 14 C.F.R. *13.2200). 

10. September 18, 201:5: List of Witnesscs/Kxchange of E~hlbhs. On ur u~rv,·~ 

September 18, 2015. the parties will serve and file. the following: 

a) A list of the witnesses the party intends to call; 

b) A short statement of the testimony expected from each such witness; 

c) The resume or statement of qualifications of each witness who will be offered as 

an expert; 

d) The documents the party intends to offer in evidence (pre-marked as noted in 

paragraph£, infi·a); and 

c) An index cover sheet with a brief description of each document. 

11. October 16, 2015: Written Stipulations and/or Agreed Motions in Limine. On or 

before October 16,2015. the pmiies shall file any wrincn stipulations that nm·•·ow th<! 

factual or legal issues, and/or that arc agreed Motions in Limine. 

12. Telephone Pre-Hearing Conference: October 28, 2015 (10:00 a. rnA 1:00 a.m. ET). 

The parties shall convene by telephone for a Pre-Hearing Conference on October 28, 

2015 (10:00 a.m.·l1:00 a.m. ET) to discuss any outstanding issues <lltd disputed motions 

in/imine. 

13. November 18, 2015 and November 19,2015: Hearing Dates. 

Based on the parties' agreement. the Hearing will take two (2) days or less. The 

Hearing will begin on November 18, 2015 (9:00 n.m-5:00 p.m. ET) in the Birmingham. 

AL area. The Hearing will continue 011 November 19,2015 (9:00a.m-5:00p.m. ET) 

and conclude by the end of that same day (5:00p.m. EST). The specitic location of the 

Hearing will be provided to the parties prior to the Hearing. 

B. Discowry Requests and Exchanges: 

Discovery requests and exchanges need not be tiled with the Office of ll~arings. 

e;o:cept as part of a motion ··egarding limited discovery. disput~d discovt;)I'Y, or as part or a 

motion to compel discovery. 

Pag~ 3 of 5 
2015-04-07 11:30 DOT 1» 1-815-356-7042 p 4/6 

C. failure to Move for Timely Relief/Late Service of Discovery: 

The failure to timely respond to discovery requests. and/or to timely move for relief 

regarding discovery dispmes during the discovery period. may result in a tinding that the 

party has, through its actions, waived its right to relief. Late service of discovery reqttests 

may also be grounds for denial of a motion to compel compliance with such requests. 

D. Scheduling Motion' or Pre-Heal'ing Conferences on the Judge's Cah:ndar: 

Prior to the Hearing date(s). if a party wishes to scheduk oral argument on any motion. or 

set up any type of pre-hearing telephone conference on the Judge's calendar. the party shall 

first confer with opposing counsel about mutually agreeable alternate dates. The movant shall 

ne:<t coma~l Mr. CuJ1 L. S111ith. Attorncy-Advioor, at the Office of H~~rincs (202-366-6941) 

as soon as possible, with at least three (3) mutually-agreed. proposed alternate dates/times for 

the Judge's consideration. 

E. Exhibits Brought to the Hearing: 

E:ach party must bring to the Hearing at least three copies of any documents it intends to 

offer in evidence as exhibits (two for the Judge and one for the court reporter). The exhibits 

must have nn index cover sheet, nnd should be pre-mnrked. Complainant's exhibits 

should be ma1•ked ''C-1." "C-2." "C-3." etc. Respondent's exhibits should be marked "R-1." 

R-1:' "R-3." etc. 

F. Examination Process at the Hearing: 

At the Hearing. there will be the opportunity for direct examination, cross·e:<amination. 

and redirect examination of each witness. Only one representative of a party may direct or 

cross·e:<ami11e a witness on behalf of that party. Pursuant to 14 C.F .R. § 13.205 and l 4 C.F.R. 

§I 3.222, th~ Federal Rules of Evidence may be utilized as helpful guidance in determining 

the admission of evidence, 

G. Attorney Withdraw;~!: Pursuant to 14 C.F.R. ~13.218. an attorney who wishes to 

withdraw ti·om representing a party must file a Motion to Withdraw. In this Motion. the 

attorney shall confirm the following: 

I. The date the Respondent was served with written notice of the attorney's intent to 

withdraw; 

2. The name of the designated agent/lay representative if the Respondent in the action is 

a business entity: 

3. The cttrrent business address. telephone twmbe1·. and fax number of the Respondent 

and of its designated agent: 

4. A statement that the Respondent has been notified in writing of the pending hearing 

dates in this litigation, as well as the pending pre-hearing discovery deadlines and 

telephone conferences: and 

5. A statement that the Respondent has been provid~d a copy of all Orders issued in this 

litigation. as well as any other legal documents to which the Rc:srondent is entith::d. 

Page 4 of S 
2015-04-07 11:31 DOT 1 >> 1-815-356-7042 p 5/6 

H. Court Filing of Exhibits with the Hearing Docket: 

All Exhibits that the parties have moved lbr admission during the Hearing will be 

attached to the court transcript and filed by the court reporter. 

I. Requests for Modification of this Order: 

Any 1·equests for modification of the litigation dates and pi'Occdures set forth in this Order 

should be made by written Motion. 1l1e parties may also file an agreed written request . 

.1. Clarification or Questions: 

For clarifications of this order o•· questions with regard to the procedures to be followed 

in this case. please contact Mr. Cody L. Smith. Attorney-Advisor. at the Office of Hearings 

(202-366-6941 ). 

Page 5 of 5 
2015-04-07 11:31 DOT 1» 1-815-356-7042 p 6/6 

Docket No. FAA-2014-0867 

(Civil Penally Action) 

SERVICE LIST- BY U.S. MAIL 

ORIGINAL & ONE COPY 

Federal Aviation Administration 

800 Independence Avenue. S.W. 

Washington. DC 20591 

Attention: Hearing Docket Clerk. AGC-430 

Wilbur Wright Building-Suite 2Wt0001 

ONE COPY 

Mr. Deitrick H. Johnson 

Complainant's Coum;el 

Federal Aviation Administration 

Oflic~ of the Regional Counsel. AS0-7 

Southern R~gion 

1701 Columbia Avenue 

College Park. GA 30337 

TEL: 404-305-5200 

FAX: 404·305-5223 

M1·. Cha1·les R. Barn<:tt 

Respondent's Cotmsel 

Barnett & Borth, L LC 

800 Waukegan Road, Suite 200 

Glenvi~w. lL DUU~d-4387 

TEL: 847-724-5520 

FAX: 8!5-356·7042 

Judge J.E. Sullivan 

U.S. Admini.,·tmlive Law Judge 

Ollke of Hearings. M-20 

U.S. Department ot'Transp011ation 

I 200 New Jersey Avenue. S.E. (E t 1·31 0) 

Washington, DC 20590 

TEL: 202-366-6941 

FAX: 202-366· 7536 

Birmingham Flight Center. Inc. 

Re~'Ponde/11 

4243 East Lake Blvd. 

Binningham, AL 352 t 7 

1 Service was by U.S. Mail. For service in person or by e~pcdited courier. use the following address: Fedeml 

Avintioll Admini.<trotion, 600 Independence Avenue. S.W .. Wilbm Wrighl Building-Suite 2WIOOO, Washlnglon, 

DC 20591: Alieni ion: Heo1'illg Dockol Clet·k. AGC-'130. 
UNITED STATES OF AMERICA 

NATIONAL TRANSPORTATION SAFETY BOARD 

W,\SIIINGTON, 0. C. 

In The Matter of: 

BrRiviiNGI-IAM FLIGHT CENTER. INC. Docket No. FAA-2014-0867 

Judge J.E. Sullivan 

Administrative Judge 

FAA Case No. 20 12S0900053 

AOMINISTR.A TOR'S INITIAL DISCLOSURES 

Pursuant to Federal Rule of Civil Procedure 26(a)( I )(A), the Administrator 

hereby submits its initial disclosures in this matter. 

I. Persons with Discoverable Information 

I . Yancey Rushton 

Aviation Safety- Flight Standards Service 

ANM-DEN-FSD0-03 

26805 East 68th Avenue Suite 200 

Denver. CO 80249-6339 

Ofticc: .m1-342-1204 

Mr. Rushton will provide testimony respecting all FAA allegations 

contained in the Administrator's Compliant tin· which he has personal 

knowledge. 

~ Dr. A ian Long 

Skin Diagnostics Group, PC 

.ll25 lndcpcmlencc Drive, Suite 30 I 

llomcwnod, AL 35209 

205-k79-2260 

Dr. Long will testify to using Birmingham Flight Center to clmti<~r a tlight 

li-om Binningham-Shuttlcsworth International Airport to (KBfiM) to 

Destin-Fort Walton Beach Airport fKDTS) . 

. 1. Steven Michael Pickett 

EXHIBIT 

c 
Birmingham Flight Center 

VIr. Pickett will provide tc>timony respecting all FAA allegations 

contained in the Administrator's Compliant ti>r which he has personal 

knowledge. 

4. Shawn Stacey Flower 

Birmingham Flight Center 

Mr. Flowers will provide testimony respecting all FAA allegations 

contained in the Administrator's Compliant t(Jr which he has personal 

knowledge. He will testify to his conversations with Dr. Long. 

5. Justin Mutthew Lollar 

Bim1ingham Flight Center 

Mr. Lollar will provide testimony respecting all FAA allegations 

contained in the Administrator's Compliant lor which he has personal 

knowledge. 

6. Bob Kent 

Bir111ingham Plight Center 

Mr. Kent will provide testimony respecting all FAA allegations contained 

in the Administrntor's Compliant t(Jr which he has personal knowledge. 

7. Steve Allen 

Binningham Flight Center 

Mr. Allen will provide testimony respecting all FAA allegations contained 

in the Administrutor's Compliant t(Jr which he has personal knowledge. 

8. Sandi Pickett 

Biro1i ngham Flight Center 

Ms. Pickett will provide testimony respecting all FAA allegations 

contained in the Administrator's Compliant for which she has personal 

knowledge. 

II. Documents 

The documents covered by F.R.C.P. 26(a)( l )(A){ii) consist of those contained in 

the f'JR. See attached. 

Ill. Damages 
Then.! nn; no damages as such sought in this case. 

IV. Insur.mce 

Not applicable 

Respcctli.tlly submitted this 17th day of April, 2015. 

jfl.cm~/h ~Nsw-=-= llA A{, •. < \ __ Attorney 

Otllee of the Regione1l Counsel 
CERTIFICATE OF SERVICE 

1 hereby certify that I have this dak taxed and cmailcd the f(,rcgoing 

AD:V11NISTRATOR'S INITIAL RULE 26 DISCLOSURI:'S addressed to: 

Judge J.E. Sullivan 

U.S. Administrative l.aw Judge 

Office of Hearings, M-20 

U.S. Department ofTranspmiation 

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

Washington. DC 20590 

VIA FAX: 202-366-7536 

Paul 1<. Borth 

Counsel for Respondent 

Barnett & B011h, LLC 

800\Vaukegan Road 

Suite 200 

Glenview. IL 60025 

Tel. (84 7) 724-5520 

l'ax (815) 356-7042 

prb@:bamcttlcgal.com 

~.vAdJt DONNA STANLEY 

Legal Assistant 

Office of the Regional Counsel 

'APR 1 7 2015 

Date 
lOP# 1 

lOP# 2 

IOP#3 

IOP#4 

IOP#S 

IOP#6 

OP#7 

IOP#8 

IOP#9 

IOP#10 

lOP #11 

lOP #12 

lOP #13 

lOP #14 

lOP #15 

lOP #16 

lOP #17 

lOP #18 

lOP #19 

lOP #20 

lOP #21 

lOP #22 

Items Of Proof 

Copy of Airman Information for Mr. Steven Michael Pickett. 

Copy of Alabama Secretary of State, Business Entities Detail 

Copy of Birmingham Flight Center website information 

Copy of Airman Information for Mr. Shawn Stacy Flowers 

Copy of Airman Information for Mr. Justin Matthew Lollar 

SPAS registration information for N525LP 

Email correspondence between Aviation Services Group and Dr. Alan Long 

Flightaware snapshot for 9/18/2012 

Email from Mr. Bob Kent on 9/18/2012 

Dr. Alan Long Statement -10!12/2012 

Dr. Alan Long Statement -10/3/2012 

Record of Conversation - Mr. Bob Kent 

Mr. Justin Lollar Statement- 9/21/2012 

Record of Conversation- Mr. Justin Lollar (9/21/12) 

Mr. Justin Lollar copy of logbook 

Record of Conversatron - Or. Alan Long (9121/12) 

Record of Conversation - Group 

Record of Conversation- Mr. Justin Lollar (1 0/2/12) 

Mr. Justin Lollar Statement - 10/2/2012 

Insurance Paperwork, BE-58, N99BM. 

Pilot Services Invoice- Mr .Justin Lollar 

P1lot services Invoice- Mr. Shawn Flowers 

Birmingham Flight Ct'nfrr/Mr. SleV('il i\·lichad Pidi.t.'tt 20 12S0090053 
lOP #23 

lOP #24 

lOP #25 

lOP #26 

lOP #27 

lOP #28 

lOP #29 

lOP #30 

lOP #31 

IOP#32 

lOP #33 

Letter of Investigation (10110/12)- Mr. Steven Michael Pickett 

Letter of Investigation (10/10/12)- Mrs. Sandi Pickett 

Letter of Investigation (10/10/12)- Mr. Shawn Stacy Flowers 

Letter of Investigation (10/10/12)- Mr. Justin Matthew Lollar 

Letter of Investigation Response- Mr. Shawn Stacy Flowers (10/15/12) 

Record of Conversation -Inspector David Hargett (10/23112) 

Mr. Shawn Stacy Flowers response - 10/24112 

Mr. Steven Michael Pickett & Mrs. Sandi Pickett response- 10/24112 

Pilot Bill of Rights signature- Mr. Steven Michael Pickett 

Pilot Bill of Rights signature- Mr. Shawn Stacy Flowers 

Pilot Bill of Rights signature- Mr. Justin Matthew Lollar 

llirminghtml Flight c~nter(\,lr. Sh.'Ytn Michael Pid,wtt 20 1.2S< l090053 

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This page produced IH/1212012 7:H•:05 AM By: AS0209YR 

PICKETT, STEVEN MICHAEL 

Air!"B:!n !nfcrm:Hinn 

Airman I nforrnatiou He ported 

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~a me Sufl'h: IJOII ( ;(•nder Hair Color f.~ e Color 1-lcigttt \Veight 

PICKETT, STEVEN MICHAEL 

l'OB Cil) 

POB 

State 

HOLLYWOOD FL 

I' Oil 

Country 

l>i.-.trid. Ollin• 

S009 

,\J,·clkallll 

Male 

Cilit.enship 

Cotmlr.\· Address! i-\ddress::Z 

231 SABRA 

DR 

BROWN BROWN 

ODENVILLE , AL 35120-

4737 

FLIGIIT liltS- Civilian 

4000 

Class Codt• 

2000 5324719 Second (Commercial) 1011 312011 

Se:JI Code Ct:rtiticatc Num 

Blue 

Black 

267896124- MECHANIC 

2744958- AIRLINE TRANSPORT PILOT 

FF-1847954- STUDENT PILOT 

1- \.-\. \\'\.-\1 \ .\rr·n11 .. ·n Jnru 

: i' 

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68 in. 

Cnunt1·y 

180 lbs. 

:\ddrcss 

lhte 

0211912003 

i'Hcdkal Date-
1''-]''<'' 

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Hame Details 

Business Entity Details 

"----"· h-luninoll·'l!li i: IH_Jht • ..e· :1\i'?-t' LirniiQd Li;1t)i1i1y Coi!1J'.>.J!l'/ 

Entity ID Number 460. 305 

Entity Type Domestic Limited Liability Company 

Principal Address BIRMINGHAM, AL 

Principal Mailing Address Not Provided 

Status Exists 

Place of Formation Shelby County 

Formation Date 2-8-2005 

Registered Agent Name HAY, STEVE --

Registered Office Street 4556 EAGLE POINT DR Address BIRMINGHAM, AL 35242 

Registered Office Mailing Address Not Provided 

Nature of Business FLIGHT INSTRUCTION/AIRCRAFT RENTAL 

Capital Authorized 

Caprtal Paid In 

i'A~:<rr~boJ-'-:> 

Member Name PICKETT, STEVEN MICHAEL 

Member Street Address Not Provided 

Member Mailing Address Not Provided 

Member Name PICKETT, SANDI KAY 

Member Street Address Not Provided 

Member Mailing Address Not Provided 

.~·11\lli.Fd !-~qwlici 

Annual Report information is filed and maintained by the Alabama Department of Revenue. 

If you have questions about any of these filings, please contact Revenue's Business Privilege Tax 

Division at 334-242~ 1170 or \NWW -~dor _;~l:cJbdrn;~ 9ov. The Secretary of State's Office cannot answer 

---·---~stia~~ about or make chang_e_~_ to these reports. 

Repori Year 2010 2011 

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Sl'r\ it:cs. and Aircraft Rental. 

Current Weather 

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IIi: ··. Ln: 

. AviMion Sites 

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F/tt!..@Jl.com 

FlightJ\ware 

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This page protluce!l 10/26/2012 7:29:51 AM B~·: AS0209YR 

FLOWF:HS, SIIA WN STACY 

..\.irman Information 

Airman Information Reported 

[0'2(,·::11!2 7:_li)_(:fl -\\1 

Name Suffh .~SN DOll (;ender If air Color E.\'l' Color 1-ll·i~ht \VL·ighl 

FLOWERS, SHAWN STACY 

I'OH City 

POll 

State 

BIRMINGHAM AL 

POll 

l>istrkt Office 

S009 

Male BROWN BLUE 

Citi·tl"n'ihip 

Countr;to· Address I Adtlre-s'\2 Cit~·, State~ Zip 

4750 

5191 SHADY 

CREST RD 

ADAMSVILLE , AL 35005 

-1590 

FLIGIIT HHS- Ci,ilian 

73 in. 

Counlr~ 

2541bs. 

Atltlrcs-s 

Dale 

09/12/2007 

"eJicalll> 

2000 5766783 

Cla..;s Code :\letlical Date 

Second (Commercial) 

Blue 

Slack 

2719953- FLIGHT INSTRUCTOR 

2719953- AIRLINE TRANSPORT PILOT 

FF-209056· STUDENT PILOT 

Pn·" Certifit::lle ~umhcr 

FOR OFFICIAL USE ONLY 

1010812012 

Information a\'ailahlr within this 11ehsitc covered by the l'ri\acy Ad 

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This page produced 10/26/2012 7:J2:01 AM By: AS021J9YR 

Cerrffic:'!!e !nforma!iof.! 

Airman 1'\lanH' 

Certificate Details 

Cco·t # 

2719953 

DOl 

04122/2012 

E\pirc IJ:tte Orig DOl 

Airman FTN Cerlitit·all' Information Code Certi fit'ate In fonnation llt·scl'iJllion 

A4327147 

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p 

p 

A 

A 

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A 

A 

A 

A 

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AIRLINE TRANSPORT PILOT 

AIRLINE TRANSPORT PILOT 

BE-400 

CE-5255 

CE-650 

MU-300 

Rating lcvd Rating H.;tfill!! Desaiption 

A 

c 

AMEL AIRPLANE MULTIENGINE LAND 

ASEL AIRPLANE SINGLE ENGINE LAND 

Pri\atc Privilq!t" llesc 

l"ype Rutin~ 

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Limitations 

! \-\ \1\\l \ \irmcn(,_'f! Info 
ENGLISH PROFICIENT. 

l.imilation~ 

FOR OFFJriAL liSE O~LY 

Information '" ailahlc within this wchsite covered by the l'rincy Act 

l'uhlic Jntilahility to he determined under 5 l.i.S.C. 552 

For ()ucsti,m1Comments contact i\ VS National Service Desk at 

'.'- .. \ \ \ 

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This page produced lll/2r.I2UI2 7:30:38 AM By: ASOZIJ'!YR 

___ I ----·-

Airman Information Reported 

LOLLAR, .JUSTIN MATTHEW 

Name Suflix SSN llOil r;endrr Hair Cnlnr E~'e Colm- lldght \V{'ighf 

LOLLAR, JUSTIN MATTHEW 

I'Oll City 

I'Oil 

State 

BIRMINGHAM AL 

I'O!l 

Countr~-

Dis.trid Ortil'C 

5009 

Male BROWN BLUE 67 in. 

Citi~t·nship 

Cnuntr) 

475 

6786 DEER FOOT 

DR 

Address-2 City, Statl'. Zip Cuuntr~ 

PINSON , AL 35126-

6201 

FLI(arr fiRS- c;, ilian 

174 lbs. 

Addn·ss 

Date 

11/20/2008 

Medical II) :\1cdical nate 

2000 5603358 

Blue 

Black 

2814279- COMMERCIAL PILOT 

2814279- PRIVATE PILOT 

FF-2162396- STUDENT PILOT 

Second (Commercial) 06/08/2012 

\l'rtilicatl' Num 

FOR OFFICIAL USE ONLY 

Information "'''lilahle within this wchsitt• cnnrcd hv the l'rivacy Act 

l'uhlic al :~ilahility to be determined urulet· 5 t!.S.C. 552 

\.-\ \1"i·\ I \ .\il!lk'li lnt1' 
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This page produced IO/Z6/2012 7:33:04 AM By: ASOZ09YJ{ 

Certit1cate !nform~!tion 

Airman l'\1

::une 

Ccrtiticate Details 

Cc1·1 # DOl 

06/2912012 

Expin.· Date o,.;g not 

Airman FT7\' CHtifil·ate lnforn1ation Cmlc Cl'rtificate- Information Desl·ription 

A4417680 

Cntlficate- Tnw Certiticatt' h•H•I Certificate l)t'scriptinn J{ating level H.atin~ lbting. De~cription 

P C COMMERCIAL PILOT C AMEL AIRPLANE MULTIENGINE LAND 

P C COMMERCIAL PILOT C ASEL AIRPLANE SINGLE ENGINE LAND 

p c COMMERCIAL PILOT c INSTA INSTRUMENT AIRPLANE 

Prh'ate P!·h·Hege lnformaHnn 

Cl•rfii1l'ale r,\'pe Ruling 

Type Rat~~!~ !nf~~r::::~Hrn~ 

T,\tH' h.•\d T~ JW H.ating 

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0 0 0 0 

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ENGLISH PROFICIENT. 

I.\-\ \J\,\ I-\ \iillli.'ll r. ~·!'1 l11li> 
FOR OFFICIAL liSE ONLY 

Information anilahle within this website cu\'end by the l'ri,·acy Act 

Public anilability to he dctcnnim·d under 5 li.S.C. 552 

h>r Question!Cotnments contact ;\ VS National Service Desk at 

<l - \ \ \--] i " 

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Registry Detail 

< < Pr·evious Page This page produced 10/26/2012 7:38:32 AM By: 

AVS\AS0209YR 

•• St.iitus Codec: N-Numher Ass!2_n!1'd and ft<'1Jisten'!d 0 

AIRCRAFT WITH N # E UAl TO: 515LP 

N Number Serial# Cert # nd Group Status 

525LP 525-0196 1N 32 N-Number Assigned and Registered 

Year Manuf. ModeS Code Cert Issue Date Air-Worth Date Pending N-Num Chg Reg• 

1997 51516211 0412612011 1212012002 207660 

Manuf. Req-Cod eReq-Model AC-Type #of Enqines I# of Seat s AC Weiqht [Ac Soeed AC--Cateqory AMAT TC·· 

CESSNA 2076601 525 Fixed Wing Muli Engine 2 ~ Up to 12,499 fJ Land 0 

Eng. Model Eng. T~pe Horsepower Fuel Consumed Dealer/IR Ce 

FJ 44 SERIES urbine Air Generator b 1900 NoYes STANDAI 

Registered Owner Information 

\BIRMINGHAM 

- TEAM FINANCIAL INC ~709 PARKWAY E STE D 

Partner Information 

MvFAA 

' _ .. _,-! ,_,.,., ....• • 

· ... I'" 

AID, EIS, NPTRS, and SDR Quick Reports by N# ! View Previous N# History _. 

• FOR OFFICIAL USE ONLY • 

lnfonnaf1on available within this website covered by the Privacy Act 

Public availability to be determined under 5 U.S.C. 552 

Con lad Us 

Contact the National Service Duk {NSDj· 

1-87?-AVS·NSD1i87J..?3T6731) 

• i ·-I·_ !-.·) 

feedback to AFS-&20 
Bob Kent 

From: 

Sent: 

To: 

Subject: 

Attachments: 

Rhonda Masters [rmasters@aviationservicesgroup com] 

Monday, September 17, 2012 1:53PM 

Bob Kent 

FW AVIATION SERVICES GROUP, INC. Quote #9544 

image001.jpg 

A little bit more info .... very interesting. 

From: Alan Long, M.D. [mailto:along@skindxgroup.com] 

Sent: Monday, September 17, 2012 1:50PM 

To: Rhonda Masters 

Subject: RE: AVIATION SERVICES GROUP, INC. Quote #9544 

I don't think it's for general use but will check tomorrow. 

J. Alan Long, MD 

CEO 

Skin Diagnostics Group, PC 

3125 Independence Drive, Suite 301 

Homewood, AL 35209 

205-879·22.60 phone 

205-879-2261 fax 

along(ruskindxgroup.com 

y;ww.skindxgroup.com 

s K l Nl)X 

\.._I!'..; I)Jo\t,""-!t)\lll' lol{(liiJ l'l 

From: Rhonda Masters [m<llltQ;Im.<a:;:tcr~@i!'Lii!l;lonservicesgro_vp.J::pn1] 

Sent: Monday, September 17, 2012 1:49PM 

To: Alan Long, M.D. 

Subject: RE: AVIATION SERVICES GROUP, INC. Quote #9544 

Do you have a contact name and number so I can put it in my database? 

Thanks 

Rhonda 

From: Alan Long, r~.D. [mgjj1P~C1)Qng(q1~Jslm!2cgrm!1Hom] 

Sent: Monday, September 17, 2012 1:47PM 

To: Rhonda Masters 

Subject: RE: AVIATION SERVICES GROUP, INC. Quote #9544 
Rhonda, you were great ;:Jnd incredibly responsive. The CJ is at BH M but not sure which hangar. They tend to run $1100 

per hour but only carry 5 or 6 +crew. Sinu~ we only have three going tomorrow it made more sense. \Ne occasion;)lfy 

will have more people where the 350 will work better. 

Thanks again. 

J. Alan Long, MD 

CEO 

Skin Diagnostics Group, PC 

3125 Independence Drive, Suite 301 

Homewood, AL 35209 

205-879-2260 phone 

205-879-2261 fax 

alongrfilskindxgroup.com 

www.skindxgroup.com 

S K 1 Nt)x 

'1\ I r"oo ll I·\''~ t 1' l II. \ '-• «. tl ll I' l'l 

From: Rhonda Masters [mailto:rlflast~rs@ilYLationseJYice~g[QUQ,com) 

Sent: Monday, September 17, 2012 1:44PM 

To: Alan Long, M.D. 

Subject: RE: AVIATION SERVICES GROUP, INC. Quote #9544 

If you don't mind, can you tell me where the Citation is based? I would like to 

know for future trips myself. Also, the beechjet is $2300 dry/$2595 wet per flight 

hr. The KA350 is $1430 dry/$1540 wet. 

Thanks for your patience this morning. 

Rhonda 

From: Alan Long, M.D. [!lJ;J~to:along@?.kimJrgroupccom] 

Sent: Monday, September 17, 2012 1:qO PM 

To: Rhonda Masters 

Subject: RE: AVIATION SERVICES GROUP, INC. Quote #9544 

Rhonda, 

I \Vas a bit~ to get a C1 for less :;o will be taking tlh'!t optfnn. rh.:ink yc1u fof your effort on ::.hort notice and I would !ike to 

use vou in the~ future for larger groups with the 350 .. 

\AJh;l't is your rate on the l1eechjet? 

lh:mk you. 

2 
Alan 

J. Alan Long, MD 

CEO 

Skin Di<1gnostics Group, PC 

3125 lndependenc~ Drive, Suite 301 

Homewood, AL 35209 

205·879 2260 phone 

205 8 79· 2261 fax 

alongrwskindx~.com 

~"!::!!YJ_.__S ki 11 dxgroU p.CO IJl 

s K I Nt)X 

\ ~ I N ll I \ lo "\J l.) \ I I l \ t, It l l l • I' I' l 

From: Rhonda Masters [.mailto:rmasters@aviatlonserviceN[Ql!Q,Com] 

Sent: Monday, September 17, 2012 11:53 AM 

To: Alan Long, M.D. 

Subject: FW: AVIATION SERVICES GROUP, INC. Quote #9544 

Also, please let me know if you need a rental car. We are currently planning on 

going into Destin Jet Center. Let me know if you prefer Miracle Strip Aviation. 

Thanks 

Rhonda 

From: Rhonda Masters [mol!!o:rma'!tro@gyl@on'"'rvi@2illQ!!Q,Goml 

Sent: Monday, September 17, 2012 11:50 AM 

To: 8"'QtLG.@SKIND.X£iROUP,CQt1 

Subject: AVIATION SERVICES GROUP, INC. Quote #9544 

-~-- ----- ---- ----- - ---- -- --- -

-- --- ---- • 

please complete pdperwork and return asaj'.l. 

f'IV_iflkSI 

Quotation: #9544 In KING AIR 350 (9 Seats} 

Sent On: Monday, September 17, 2012 

Salesperson: RMASTERS 

Trip Dates: 09/18/2012 

Prepared For: 

DR ALAN LONG 

SKIN DIAGNOSTICS GROUP PC 

205-879-2160 

i\[,_QN.V~D_~_KJNQX(l[W_lJ[-}_,_~:n~t 

Quoted Itinerary: 

3 
A !I tlrnes below <Jre !oct]!. 

Tuesday, September 181 2012 

Departing BIRMINGHAM, AL US (BHM) at 09:00AM 

Arr!vlng DESTIN, FLUS (DTS) at 10:24 AM 

Departing DESTIN, FLUS (DTS) at 02:30PM 

;\rliving 81Rt'-1INGHAM, Al US (BHM) Jt 03:54 Pi·1 

Payment Summary: 

Subtotal: 

Tax: 

Domestlc Segment Fees: 

Quote Total: 

$4.'140.00 

$333.01 

$22.80 

$4,795.81 
, .r·)-

FiightJ\ware 

~J525l p 

Live Flight Tracking. 

/'.l.ircran 

L _·2_~ C525il 

C5251l 

C525iL 

C525/l 

C525/L 

C525il 

BiPTrilgham-Shuttiesworth Inti 

U·-}!_i_:')l 

Char1estorl Atblln!l (Y/ci::t_:i) 

G1m1ingham-Siiutt!esworH1 Inti 

(1\]:jj__f_\l) 

BlrmintJharn-Shuttleswortn tn!l 

(:'. \.'1_~:,'.) 

Green-Warren Co Rgr.l (i-'~-·. _.,_,) 

··,-.,· .,.,. 

Er:grish (USA) 

N525LP 

Oes\m-Fo:i \'V8lton Beach 

(_1-.C:I ::.. - !::_:.<._:) 

Binnlngllam-Shuttiesworth !r1tl 

t:J?l~lJ - :!..U.:J 

02:26PM COT 03: l2PM CDT 

Ourat:on 46 mmutes 

Tuo-sday, September 18., 2012 

L<:mrlnl] 1h:,•s JUo ('_,_;L_I:<__:_<-5L5:_:1'--'-'-;..U 

Cess.niil cuat:on CJ1 (twm-Jet) C'.::.::;_':.:.L- !~~~-':::--.;:.} 

Filed_ :.160 kts C"I'-'L··:l) 

Filed 2.3,000 (' :_'~1(;·fr} 

-,:; Direct. 219 sm Planned 219 sm Flown: 241 sm 

n/;J 

,~---~ ·--~----------------·-·------

~~~t n•Jt~~~-~r~:~~:::~~~~-~:-~---~-

D(-Jparied A rri v .1f IJ ll( ah:.Hl 

Blnnin.gham-Shu\tfesworth !ntl 

(U31·t!!.) 02 26PM COT 03 t2PM COT OA6 

B1rrnmgh<.lm-Shr.;tt!esvvar1h Inti 

u~rE~Ul 

Birm:ngham-Stouttlesworth In~! 

(c-._r;;__:~UJ 

8-:r~1ngharn- S~l;\1i~;;,worth lnt1 

(''\ -~' 1) 

l: '.) 

D8 33r\M CDT 09 25!\M COT G 52 

0305PMEDT 032'tPMCOT 116 

03 53AM CDr t t iOAM EDT 1 1T 

01 2: PM EDT 02 25PM COT 2 G4 

06 53AM CD1 10 l1AM EDT 2 18 

02 OI'JPM COr 02 15PM COT 0 J7 
Bob Kent 

-

From: 

Sent: 

To: 

Cc: 

Subject; 

Dr. Long, 

Bob Kent [bkent@aviationservicesgroup com] 

Tuesday, September 18, 2012 4:01 PM 

'along@skindxgroup.com' 

'Rhonda Masters' 

Aviation Services Group - Charter Information 

Thank you f(lr speaking with Rhonda about aircraft charter. The aircraft that you referenced in your email is not an 

aircraft that is authorized to conduct retail aircraft chai1er. That may be one reason \Vh.Y the rate is not representative of 

other similar aircraft that arc oporated tmder FAR l'aitl35 (federal aviation regulations). 

I did some research to see what similar aircraft charter rates would be. I found one Citation CJ located in Oklahoma 

whose retail rate was $2100 per hour. 

Other aircraft found: 

Citation CJl (same i.nterior, some engine modifications for performance): $1700-$1900 per hour 

Citation Mustang (smaller interior seating) $1595 per hour 

Citation I (original Citation, older aircraft) $1500 per hour 

Eclipse (very light jet, 3 seats) $1650 per hour 

As you can see chaiter rates vary but the rate you provided Rhonda is typically in the range for a small King Air. The 

concem in our industry is that consumers are not provided full disclosure about the illegality of charging for aircraft 

transportation services without both the aircraft and !light crew being properly cenificated. Certification fi)r an ondemand air carrier is a lengthy process and requires ll1e operator to conduct initial proving flights, submit operations, 

maintenmJce and training manuals for the FAA to review 1md approve. All of our pilots must pass instmment proficiency 

checks every six months as well as have annual recurrent training in all equipment and emergency procedures. We are 

subject to lnOJlitoring by the FAA to insure that our aircraft and pilots meet a standard that you as a consumer/passenger 

have a right to expect··· the same as flying on the scheduled airlines. llliS is a similar analogy for a person going to a 

poorly trained physician or one who was not board certified in the most recent and safe techniques. 

Lastly there is a question concerning the coverage of insurance in the event of an accident. All of our aircraft have $50 

mlllion in liability coverage that protects those passengers interests in the event of an accident There is .some question as 

to the coverage that would be extended if an accident occUJTed on m1 aircraft conducting an illegal charter. 

You are certainly free to make any decision that you believe is in your best interests concerning aircraft transpmtation. 

But you l.l'> the consmner/pa:.senger should be aw:.ue of the differences.. P!ease don't hesitate to call if you need any 

fut1her information. 

Sincerely, 

Bob Kent, President 

Aviation Services Group, Inc. 

205-849-3H4& 
Oct_obr_•r 12. 20! 2 

I cunbck'd ,c\vit~ion Sc·r.-·iL'C.'- (Jr<J!!p on St:pkmba 17, 2012 and a:-.kcd lht"!n for a qtmtc fi)f .t chmi\~r flight tl) f)-:stin 

on S..:p!..;mber ! S whae our c<m1p:-tny IN<lS h:.~ving an inc:.pcctt~1n in our ncv.-- t~H.:atiut!. Tht: flight was f'nr 111e. ou:- Chi ... ·f 

Opcratin;,t Ufric~'r 1\kLmi~~ Smith and mtr Chid. t)u,llity Offic,~·r I Dir.:::Lt•H of ('tllftordtC ComplJ;illCl' K-;J;th~.nn~ 

Parri~;h. I abo .'•poke \Vith Justin Lollar :H Rirmingh;lrn Flight Cen:cr (BH.~.l :tbmtt thl.' possibility of ill'rangin!-~ a 

JlighL \Vhi!c BFC h:;s origl!lal!y pl~umed to fly llS in my f:brnn th:n they rnaintJined for u .... , they said the \\ccttli(:'r 

w;t:; rll)t good eHnug:h th~ll Jay and th·..'Y \\ould find another plane if' .,,,·c n~t·ded !o g1J. \lr. Lollar calle-d back htcr th11f 

(_L:-sJ and s~ud \VC had Mr. Serra'!'! ('J that we cnuiJ t,lk~ 

I dn nol knuw \"-·ho sp-ccific;tll)' :.Jmmg...:d f(w the pilots and plane. I \.Va:> told that SklW!l Flow...;r~ won!d bellying u~. 

I cild n,Jt know thae would be tlllntht!r pf[,;L I diJ nut cJ.ll Mr. Flowers or Steve Allen or anyone els~ :.1hout lh~ 

!light. [did r1t1t think oft he Hight :1:1 ;1 dl'Tlltlfl~lrJtion oft he pbm~. It \Vl!S ~-1 \Vay tll get us to D,;~Lin on that partio;.;ulM 

d:1y. I he tir~1 lime the phrase "Jcmon:-;!Fitinn flight" W<L~ used in conjuttction with thi;-;. trip was thl· night ,._,,c 

rdunJ..:d Jfom the trip hy Steven Pidt:Ltuf 131-C on ~he phone with me. No one discussed with me anything about the 

perfonnanc~ 0fthi.s Citation Jet, it:; operating co~.t~, its acquisition costs, in~uran~e CH~h or anything cbc I hat might 

!eJd me to believe this was a {kmons.tration flight 

I ~~s:;uln.:tl! would be lnvoic.:;d from A-rC 1-!ince 1hcy arr;-ang~d this !light. 

Upon arrival hack in Birmingham, I received <HI enwil frorn Bob Kent whn W<l,<o; conc~..·rn~J the tlight may n.:rrl..'scnt 

:w i!kgc1! charter. I cJIIed St~vcn PickcH :md a:-<-kcU him what was going on. Ht; ~aid not to worri that he \VOuld call 

Stl:vc A Hen at1d have it takl'H care of. lie said they would make it a dt:monstralion flight ~intT r had previously 

shown interest 111 the ('J ..:las.'i of planes_ l did JllJt hear fi·1)Jll Stl!vc Alkn pr(pr to the flight but received an email 

rn11n him arnuntl II pm lhiJt night thankmg me fnr l'<lking the dt::monstration tl1ght on their lish::d CJ N525LP. I did 

nut know until that email that thi!-i p:Jrticular phme W'J~ even for sale. 

The ncx1 day, ScptembGr 19, I rc~.:eivcd a phone call from St~wn Pickctl who to!J !Tlt: he was going to crc.ate- ami 

wbmit a "low otTer'' on !h~ plane <:~nd give to Steve Allen tlrru he- WtH!ld reject 'iO that they etJuld prove later, if 

lli.:'CL'ssary, that it was a demo tlight. I did not place an offer on !hi.! plane or have any intent to huy it. 

Th..: wcch. fr.dlu\ving the flight I receivctl invoices from tvfr. Flowers and t\.-·1r. Lollar. Mr. Flowers' mvoicc \vas 

rccctvC"d hy cmuil on Scptcmhc.r 19 for$450.00 and was. paid by<~ check mailed :o his home as directed. Hi>:> invoice 

-,tatnL 'Thank~. I cn_ioycJ Demonstrating the- .fct tlor you!!!" ,Yfr. Lollar's invnicc \Vas received by cmail on 

Sl.'pt~mbcr D h rl.:'<lli as l'ol!ows, 

(j(H_Id J!kHt<_,,_,fl jir .uu!! IH,pe ,11! h:J~ hc~·n \!.dl !lve 1<1 tl1~· L·h:'.t!h;<.! 111 pl.lll:-; on l'unday\ !l1:;>.hl. !I\<: h!ling \\ifl h'-.' d•fi(:-h·nt thJn u-.;.J<il :·ur tbc 

Pighl. 1 h'<' p!lo! k,· br llly,;dlun th~ th)' h -~--lfi!l lt c;m he n\~ik~d tu in}' IV.liTit' aJJres-" at 

"r·,.·,· 1 h~ H• "''!ll~imn: !1'J:~.h! c-::nln '·'"J.~ ·:~·t .;n c·ITi•.:l;\\ m:;f' .. o:~·~r ·J\ •.h~ :1 \[·~u !l , t·:·.~_.;t t·;\~ t \iC' •.lew.o !! \·::,\ol. •::•: \'f":111' n·;. ••/til h~· ·-~·.l•V.: "!::p.•.r 11 ,-ly fr·1n• 

rh·~ i'lrght c~n!t·.r. 

I \\-!Ill h• lh.-,nk \''-'U i<'l •:cry lli'!•;h !;If :1ll< •\'inr~ m~ k ·ly )''U ,w-J ll:·nl-: f,,n~·Jnl to c1:r 11\:,rrr.c;.·lmg. lhvc J l'k-~~._.u d~y ,Jr:-:ll ·.•.ei,llt1lk ltr :r·~u 

{Tf 

rh~.: nc.xt morning, >:;c,[lft.::mbn '?4, ! fl'C<.'lv,.;d l1 fl._' XI from Mr. Loltar that :\Ziid. "Co,ld ,tfternoc•n. Ye ... ttnby I '<C!lt cHI 

•:n1ailto yuu for the ilight L)n Tuesday_ Pk-<>~e dic.:rcganl that cJnaiL J hnpe a!! is \vel! and will talk to you" I replied, 

"1/iavo:: !he d1cck ready hut can dewoy. b!C will b!l!?" !-It r~.?spt>nd~tl, "Nt) sir. fAA mc..:ting wac; very interested tn 

herc (sic'! \\·l.'fher (sic) or nut there. was~~ bJ!l Cwmus f(lr m.::. (nn)" 
I hwk my !a~t training tlight with the Birmingham flight C.:..:nter the follo"\Ving day on Se-ptember 25 with an 

!nstrut:h)r nlhcr thnn Nlr. Lollar. As l \Vas h:aving, I briefly ::>~1w r...fr. l.o!!ar who mentioned he -v,:a:> $Orry abm1t' 

>:::v(.'rything with the !lit;ht. l :tskcd him whae things :.!nod wlth it nlh~' anJ he "'aid he thought everything h.;.ui hcGn 

tJkcn I.'Mt~ of with th.: FAA. I klVC' not ktJ ~lll) fnrtht!r co1nmunic~ttion~ with Mr. Lollar, Mr. Pickett, f\.·lr. _,\tkn or 

\fr. f.'!nwcrc; ,lhout tbJ,; tlig!1t. 

j hav .. ·. ~tnpp..:d \,I king !light k·s:.;ons ;_i!ld !H(J\.:cd my RUiJO on Odobcr 2 n·om the hangar and C'Jt~ ofBFC to alloth.:r 

lnngar ~it the Birmingham A.irporl and h<l\1..': li:..tcd it fOr sale. 

Thi$ statenwnt is entirely iJCcuraie to rhc best of my knowkdgc. 

Alun Long 
Record of Conversation 

Date: 

I nspcctor: 

Statement: 

Illegal Charter Complaint 

September 20, 2012 

Yan~cy Rushton 

Birmingham, Alahama 

On September 19, 21JI2 i\fr. Bob Kent left a message on my oftice answerin~ 

machine stating that he would like to talk with me about a possible illegal charter 

trip. No other details were given. 

On Septemher 20, I called Mr. Boh Kent and arranged a meeting with him later· 

that morning. Mt·. Boh Kent informed me that he watched Cessna Citation Jet, 

NS15LI' depart with passengers on September 18,2012 and he !mew that the tr-ip 

was a charter. He provided me with email trafl1c between his company and the 

passenger, Dr. Alan Long, which showed that the passenger had contacted his 

ccimplmy about !lying to Destin, Florida on September 18, 2012. The email 

mc.sages showed the destination and the times, which happens to be the same 

destination and times as this night departed. 

He also showed me email messages from the passenger canceling the rcctucst to use 

Aviation Services Group ami stating that they (the passengers) had found a cheaper 

jet somcwhcr·e else on the licit! at Birmingham and that they would be using that 

plane. 

1\Jr·. Kent said he watched the plane depart and he knew the pilot was Mr. Shawn 

Flowers and the plane was provided hy Mr. Steve Allen, an aircraft sales person, 

and Mr. Steve l'ickett, owner· of the Birmingham Flight Center. 

Mr. Kent said he has ohservcd Mr. Allen and Mr. Pickett conduct operations like 

this one on numerous occasions and he would like t(Jr me to look into the situation. 

He .sp(•citically told me that he just wants them to know that the FAA is l<ccping an 

eye on things and wants this to serve as a wake-up Cltii. However, he iold me that 

that if they claim that this was a demonstration !light then he would want to file a 

formal complaint. 

i\lr. Ken! told me the other pilot was a Birmingham Flight Center instructor. lie 

tlid not know which nne though. 

This statement is true and accuratt' to !.he best of my knowledge. 

jvJ 

Yancey l{u.,hton 

I 

,) 

(' 
lthtin l.n!Ltr 

to· 

Y:1nccy Ru,fllnll 

(n·:Zii21H2 fH:05 P\-1 

1 lid..: l ),:iaiis 

!·roi!J: J\btin LulLJr ':_ju--tin.IDILJr,iaU.nd 

! 11: Y.ui.._·c~ f\u:.hton .-\S{)-'F.-\A ·a!_-.'\,.\. 

\lr. Yancey Rushton. 

Un the morning.ufSq1tL'mhcr 21st. 2012 \\C bad a meding regarding a complaint submitted tn your oftice r~garding 

:.r llighttiloJ took place nn September I ~th .. 2012. I di,dosed to you that! was on board the aircraft when the flight tuok 

place as a rcprcscnlati\e ltlr the client Dr. Alan Long. I am his tlight instructor and pilot t(Jr his Beech Baron that we 

travel in l(n· his pcrsmMI and company business. I informed Dr. Long on the morning of September 17th. 2012 that the 

\\Cather would be in-climate for our tliuht to Destin florida the next dav and that it would be detrimental to saldy nf - 0 11 ight to make the trip in the Baron. Dr. Long has been in the market fi.Jr a Citation Jet for the past couple of months and 

has been in talks with lht.' Alan's and is currently seeking ownership in ajet. I had told Dr. Long to call Aviution 

Services Group to receive a quote I(Jr chartering an aircrati ti1r the trip in case a demo !light in the CJ could not be 

possible. If there is any additional in!i'lrnmtion that you require please fcelll·cc to contact me at any time. 

lhank ynu I(H yt)Ur time, 

Justin rv1. Lollar 

l'Fl. Cnmmcrciall'ilot Services 

llinningham Flight Center 

Cell: 205-21\1-6883 
Date: 

Ins pccto r: 

Sbttcmcnt: 

Record of Conversation 

Illegal Charter Complaint 

September 21,2012 

Yancey Rushton 

Hirmingham, Alabama 

On Septcmhl·r 21, 2012 I met with a Birmingham Flight Center instructor, Mr . 

. Justin Lollar·. A search of their internet website scheduling software indicated that 

Mr. Lollar had been hooked all day on September HI, 2012 for a flight to Destin, 

Florida. 

Mr. Lollar was at the 1light school when I approached him on this subject. He 

immediately admitted that he was the copilot on the !light and told me that this was 

a demonstration flight for Or. Alan Long. lie informed me that Dr. Alan Long owns 

a Beechcraft Baron, N99BM, which is managed by the Birmingham Flight Center, 

Inc. He also explained that he is Dr. Alan Long's instructor and Dr. Long has been 

taking lessons for the past few months. 

:VIr. Lollar explained that on September t 7, 2012, the weather was terrible and 

looked terrible for the next day. II ad the weather been good, the llight for Or. Alan 

Long would have occurred in his own Baron, N99BM. This plane is flown hy Mr . 

. Justin Lollar. Mr. Justin Lollar recounts calling Dr. Long and telling him that the 

weather might he too bad for his Baron and that he should look into another· way of 

getting to Destin. Mr. Lollar also remembers telling Dr. Long that be will look into 

other ways of getting him to Destin as well hut he has to get a hold of Mr. l'icl•ett 

first. 

Mr. Lollar explains that Mr. Steve l'iekett called him back a few hours later and 

said that he had found a jet and to tell Dr. Long that the price would be$ 1900 per 

hour plus crew salaries. Mr. Lollar says he called Dr. Long and told him that they 

had arranged the trip and they would sec him tomorrow on the ramp at the 

designated time. 

It sounded odd to me that "little ol' tlight instructor Justin Lollar" could make all of 

this happen and it wa.~ his idea hut I thanked him for his time and started to leave. 

llefon: leaving though I asked one more thing and that was to see his logbook to 

verify the llight. lie inuncdiatel.Y changed his demeanor and was visibly shaking. 

lie reluctantly handed me hi.s loghook and at tbe same time I informed him of his 

rights. !lis loghook showed the flight on September 18, 2012; however, it showed 

the !light occurred in a BE-58, and not in the CE-525. I looked at it for awhile and 

asked him to explain. lie had a har·d time and was quickly becoming unglued. 
\Ve went hack into a private mom and continm·d the conversation. He explained 

that he was just trying to build his multicngine and llarnn time and that he was very 

.,orry. I told him I would be back in toudtwith him and asked him not to <·hang<' or 

alter his logbook in any wa~·· 

I lis bo .s, Mr. Steve l'irl>ett showed up and acted interested in the discussion. I did 

not tell him about the logbook issue with Mr. Lollar but did inform him that I was 

looking into a formal complaint about '1n illegal clun·ter. He tried to offer his 

opinion ami told me all about the demonstration flight and how Dr. Long was 

looking to buy a jet and how he has been worldng closely with Dr. Long on finding 

the right plane. 

That conversation led into the Baron, which was previously owned by somebody else 

hut managed hy the Birmingham Flight Center, Inc. Mr. Pickett told me that Dr. 

Long decided to buy that plane and leave it to be managed by the Birmingham 

Flight Center. When asked how long ago had he purchased this plane, Mr. Steve 

Pickett told me that it was 3-.t months ago. I found that to be odd that he would just 

purchase a plane and already be looking for another plane and asked Mr. Pickett 

about that. He told me that the Baron was purchased so that the Dr. could learn 

how to ny and the jet would be for the business. 

Mr. Pickett then went on to ask me questions about a demonstration night and told 

me that as an example they were nying one of the Bonanza's to Kentucky today to 

demonstrate it to a prospective client. 

This statement is true and accurate to the best of my knowledge. 

lla'te 

I> a !t•: 

rnspeclnr; 

St•llc men t: 

Record of Conversation 

Illegal Charter Complaint 

September 21,2012 

Yancey Rushton 

Birmingham, Alabama 

On September 21,20\2 I met Or. Alan Long at his office in Homewood, Alabama. 

The meeting was initially somewhat aggressive because Or. Alan Long did not 

understand who I was and why I was SJJeaking with him. lie was extremely 

frustrated and initinlly threatened to call his attorney. I encouraged him to do that 

and decided I would just leave and meet with him another day. lie cooled down 

quickly though and asked me to stay. He proceeded to tell me that he didn't want to 

gt•t caught up in anything and that was the reason for his frustration. He also 

explained that he didn't want his family to know about his flying or that he owned 

an aircraft. 

After Dr. Long realized that I wasn't there to turn his office upside be softened and 

hegan to speak more freely with me. In his words the b·ip was a business flight to 

Destin, Florida for an import:mt meeting that involved his practice, SKIN OX. He 

told me that it wus true that he had spoken with Mr. Pickett about buying a jet and 

types of jets, etc, but this talk was very shallow and took place many months ago 

and he had no idea that this !light was "a demonstr>llion" night. He told me that he 

never heard those words until they rdurned from Destin that evening and he had 

l'(•ccivctl an email from Mr. Bob Kent, informing him that he might have flown an 

illegal flight. 

When asl<ed how did he lind out about Aviation Services Grou11 he replied that he 

found it on the internet after .Justin Lollar hat! called him and told him that they 

might not be able to fly in the Baron the next da)' due to the weather. He told me 

thlll he told .Justin that he had called ASG and Justin had told him not to bool< the 

!light yet and he would he had< in touch with him shortly. He then told me that 

.Justin called hack a few hmu·s later ;lnd told him that they had arranged everything 

ami to •·anccl any request matle to ASG .. Justin relayed a price that he had received 

!'rom Mr. Steve Pickett and .Justin told Dr. Long that all of the arrangements were 

made by the Birmingham Flight Center. r asked him how the flight was to be billed 

and he told me that it would just he hilled through his account at the Birmingham 

Flight Center·. 

I asked lllOl'C about his airplane and lleametl!hat the plane had always bNm 

managed by i\lr. Steve Pickett so when it was sold to nr . ..\Jan Long, it never ldt the 

custody of the Birmingham Flight C1~nler. He was looking lo expand his husincss 
and at some point he thought he might purchase a jet but he only recently (within a 

few months) had purchased his Baron so the jet issue wasn't that serious yet. 

Our meeting <·nded cordially hut I left with the opinion I. hat there was more to the 

.stor~. 

This statement is true and :1ccuratc to the best of my knowledge. 

I I)..)) I )_. 

Yanccv Rushton : ~ < Date 

l,i 
.Qa tc: 

ln.,pedur: 

Statement: 

Record of Conversation 

Illegal Charter Complaint 

September 2~, 2012 

Yancey Rushton 

Birmingham, Alabama 

On Scptemher 2-t, 2012 I met with Mr. Stcn Allen, I'rernicr Grou11; Mr. Stcn 

Pickett, Birmingham Flight Center, Inc; and Mr. Shawn Flowers, Birmingham 

Flight Center, Inc. The meeting took place at the FSOO and my Operations 

Supervism·, Mr. Pat Bruce was present as well. 

After initial intnHluctions, Mr. Steve Allen asked to speak alone with me and my 

Supervisor. lie proceeded to tell us that this whole issue is due to the fact that there 

is bad blood betwel>n them ami Mr. llob Kent and that he was out to get them. He 

also explained that he knew stuff about iVlr. Kent's personal life, and he proceeded 

to tell us and then toltlus that's why we couldn't trust i\-tr. Kent. Mr. Allen also told 

us that the flight was a demonstration flight ami that Dr. Long had nown with him 

on numcmus occasions and he felt like they were getting close to buying an airplane. 

When I asked him if he was familiar with the regulations associated with 

•l~monstrating a flight·, specifically 14 CFR 91.501, he was not !lnd knew nothing 

lthout those rules. 

Next we met with the pilot in command Mr. Shawn Flowers. He told us that it was a 

demonstration flight as well anti like Mr. Steve Allen, he was not familiar with the 

regulations that covered demonstrating a flight. Specifically he did not know what 

he could or could not ch;uge. I asked him if anyone approached Or. Long on the 

flight to discuss performance, costs, insurance, etc in an effort to determine the 

ntlidity of the demonstration, and I also nsked him if anyone from the l'remicr 

Group md the !light or handed the doctor any information or brochures. He did 

not hear, sec, or know of an)'thing and indicated that there was not a sales 

representative present to meet the flight. According to 1\lr. Flowers, he was 

~on_tactcd by Justin Lollar to take the llight to Destin. I found it odd that new tlight 

instructor· ,Justin Lollar had the power to call i\h·. Flowers and lind an airplane. 

Finally we met with Mr. Stcn Pickett. Afkr the usual tO minute speech on how lw 

wants to play by the rules and he only wants to get better, and he wants to cooperate 

I asl,cd him if he was familiar with the regulations associated with demonstrating a 

plane and he was not. He said that Justin Lollar called him about nying in the jet 

because .Justin knew the wcathc1· wa., going to he bad the next day. According to 

Mr. Pickell he told .Justin that he was making a good dt'cision and we would sec if 

'"" cnuhl help. He explained that he had been speaking with Dt·. Long about jets 

and thought this would he a good opportunity to st•c whllt this .ict could do for him, 
According to Mr·. l'ickctt, the motivation behind this !light was to demonstrate the 

jet and everyone knew that up fr·ont. 

This statement is true ami ;Jccurate to the best of my knowledge. 

Date· 
Dat~: 

I n~prclor: 

Stat•·ment: 

Record of Conversation 

Illegal Charter Complaint 

October 2, 21)12 

Vance)' Rushton 

Clay l'crkin 

flirmin~ham, Alabama 

On October 2, 2012 Mr •. Justin Lollar nturned to the FSDO at my request to 

furiher explain the lli~ht to Destin, Florida with Dr. Alan Long. Specilically J was 

interested in why he had altered his logbook to show a Baron night instead of a CF:-

525 llit-:111. 

Mr. Justin Lollar began by explaining that he was sorry and that he wanted to 

cooperate. Inspector Perkins, who was there as a witness, asked him why he did this 

and .Justin replied "Steve needed me to have 80 hours in the llaron in order for me 

to fl)' Or. Longs aircraft and I was trying to make rn)' logbook match the insurance 

form that I had turned into Steve." J asked him whether Steve bad asked him to do 

it this way and he replied, "I was just being a part of the team." He would never 

come out and say that Steve made him do it this way but it was clear to this 

inspector that the implication was that Steve had suggested "he build his time 

quickly." Especially since Justin received his multicngine nting on .June 29,2012 

and llcw his first llaron flight in early July 2012. It's hard for me to believe that 

Stcn did not realize .Justin didn't have 80 hours of Baron time gh'Cil the 

circumstances. 

My 4ucstions returned to the !light on September U!, 2012. Justin explained that he 

called Steve about getting Dr. Long to Destin and Steve told him that he would work 

on it hut that he should lind another way just in case. That's why Dr. Long called 

Aviation Services Group for a charter 4uotc (Dr. Long explains litis 11 bit differently. 

According to Dr. Long he called Aviation Sen•ices Group first alii/ 011 lti.f own ami 

•vlten Justin ami Steve jimml out1ltey told It im to wait and see if they could arrange 

sotuf!iltinJ!fir.\1). A ft:w hours later Stc,,e called boH.:.k and told Justin that h~ had 

things band let! and to kt Dr·. Long know that the cost would be $1900 per hour. lie 

also informed Justin that he had arranged for Shawn Flowers to he the pilot and for 

Justin to fly along as well since he was his llight instrudor . .Justin admitted that the 

won! "demonstration" was never used until after they had returned fnHn Destin. 

This statement is true and accurate to !he best of my knowledge. 

/ I /__; / ~ 0' / 

Date 1 
:-,l:ill:lllCil[ I 1.'[\t.'l' h>i f0-'2 ~012 

lu,.l in I ,P)Lir 

!<I: 

· 1 '{,Jill\;~ Ru-.hloll 

IO.!Ol/]()1205:1.\ 1'~1 

l1·um. Ju;-;tin Lt_I\L:r ·-ju-;tin.lo!IM a'at1.n~:tI o: Y:tnc'-·~ Hu:;hhln1.·\SlYL\,\.,/Fi\/\. 

i\fr. Rw;fHon. 

On the morning ,,fOcloher 2. 2012 we md utthe FAA llight stdndards olllce 10 ccmtinue our previous discussion 

regarding~~ suspected charter tlighl. rn our meeting there were some discn.:·panc.il:s dist.:usscd in my logbook. [ disch)sL:d 

lo y nu that there lhTC sc\"eral flights notcu in the logbook that did not occur. I then disclosed to you that I had recorded 

them in orrkr Ill reach minimum times that were required to qualitY t(,r the aircraft tlown. The aircraft in question is a 

I 'l'J7 lkechcrati 11aron mnclcl 58" I reported to you that all actual flights were recorded in the aircratl binder that we 

11se for each trip that is made and to use it to crosscheck the log entries in my logbook. I also stated that I was newr 

instructed by my employer, Birmingham Flight Center. to pcrlom1 a malicious act. If there are any other questions or 

concerns please led 11-ce to call me at any time and I will be glad to answer. 

Justin M. Lollar 

( ': 205-28 l-11883 
HALL 

Alpha Delta HolcFngs.. U.C ;u·,d i"!s i·nd~vldual 

executiliB otflcer-s ;;r>d ~e~t.ers: 

23HJ Che;,t~r R<:-.-.d 

e~m"!!'-9~-.,.,r-1, --""l ::=-5-223: 

~.OCATION OF AIRCRAFT. · •. - · l' 

Coverage Identification Page 

Aercspece IJ"Iturance Martagcrs, inc. 

i5280 Ar.ldis;ofl Roild, Suite 230 

Addison, Te:.:acs 750')1 

d:S8.8B0.12B9 I 972.852.1200 

i!/'1412012 

GA99~3J464-0D 

NEW 

IYi 4/2013 

Han gated at 8drm~ngtlam ~Sh-uttlesw-orth lnlcmat!onal Airport, B!rmJngham, AL 

$. b"ESCR!PnON OF ;\lAC RAFT AND AI-RCRAFT fiM.'(S,ICAl. DAM-AGE COYERAGIE.: '(c.,_, 1 ;_,·,e tci'J' v_; :hdl i!U!' <Jf !N~ <ll'~~-·l.l\ bdo'"" j 1) iS,! l-<<'!1 ·~;-''9 LY-.\..1 .:l.•<cnrt 

N99BM 

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' Y ' 1··-co:·-T(·,"i'o _._,_ '.'>•,? !~ •-,-_"; !.. .. i~[:t_;· ·;_:.: _·;c ~ ~y'_,;_-r·H IS SHG\',N t!G :.iPC~l-~_q "'1-W~_I;-:-,:,~ r-.. ~\'A::;t: ~-::U..-[RtcG[ iS C>fi('•;'IC'E'.D 

i 997 Be-echcmtl 59 Baron 6 

-'(:;R!:f_(; 

1.-&.LV~ 

$425,000 S100 ~LOOO 

UAENUTV ANO IJEOlCAL PA 't'MENT9 COVERAGE AND LIMITS OF COVE: RAGE: 10 ""e L!'1-.·L'··J'o a~d <~I;"C'<t·::r ~ .je'i<:"l>:":.l •' 

~iC' ;:UH::il.-\IJE lS r'~n·,:ii';FD i!'( 

~FIIEMIU\iS: 

'<' .-::;,.: Li'-'·: s'.:~r:, :·-u_-, ~c.c: 

"''CP;o•1T\ c:·M.~.~- ,_, 

.-':·· ~~;-·.:~sr:•-rz=<~·-: .:::~p.·)t 

$100,000 

S1 ,Q-00,000 

:");_-::-;,: :::-·_ 

sns 570 

55,000 

SJO,OOO 

$2.346 $3.519 

B. E""'iJGRSE"MfNlS I FORMS A T'TACHED WHE'N POLICY fSSUEO: 

9 

1, 2 

--.··· GA100(0i/10). GA100C H(01110) 

GA 150(0f 11 0) 

Rf-:QUIREMfNTS FDA THE PILOT Fl \'11-10 THE AIRCRAFT: "'~- • 

~-\L.I'.'''"~',)!-J<! 'T·~U(;u·fl';"f!CJC0':2/ ''), 

· -, ,-:, ·._;!·;);..';<: :~ '!-If:- ;ol: .. ')' r:::-:s ',01 r,1f=-E: 'FS;:' 

AS ENDORSED 

1 0- THF USE OF THE AIRCRAFT: 

NO EXCEPTIONS 

11' 

<'"'ortn •-'3A102H(Ol/10} 

,- '- ( J 

TOTAL POLICY PREMIUM. S6.56J.OO 

·.,·,I·,· ~:-; ~ l'~;rli< r• h'n r"J tl't'- '" ''''1'' xn tl r-~11'•(',\!,r•; '' ~;-., ·-~"' '·':-i" 

~,<,L 'c-S'l,lf", ',}~,rq~ 'O"l·~'1 .\%' ., TJ•i' -j [,·,- (" ' i" ,0. ~ I ;• '' -~~;f, 

15.00 

_I,.\_-' I,J :_ ·-" ~-

Llenr:rkJ""· 

1''!BfF'lSt C·~ ·'-

l.Hri 

9~1.\f'Ul 
·~Hi'S 5f'-;OORSE'-:1E~H - CH.O.:~;Gi.:S YOUR POLICY. PLEASE READ !T C!l."i::FULLY 

Requirements for the Pilot Flying the Aircraft 

If no entry· i:s ma1Je llri;:; ~•,·utorsernent applies to all ,'lircmff cu ... erod by- your poi!Cf'. 

This en<iorsen1en! :::.orrlpietes. or changes itDrn Sl REOU!REr-AENTS FOR HiE PILOT FLYING THE AIRCRAFT of your 

Co·,~erJ.-]3' ldenllfiC•.lhJil Page to read as tollo·,\·s 

Ti'-·:: aircraft must be openJ!od In fflght onty by a pi1ot named b~;~ow hav1ng the minirnum qualifications shown. _The 

1:Yiiol must (lave i:l com:!nt and val1d {1) rne(Jical r.::eJtirtcata, (2) flight review and (3) pl!ol certlf1c.ate with necessary rat1ngs, 

t~J.ch as required by the FAA for each flight Tr,ere is no coverage if the pt!ot doe?-s not meet the qua!ificcttions or 

rcqu:remP.nts spocif!ed below far each designated usA of tho aircraft: 

MINIMUM REQUIREMENTS FOR PILOT, PILOT CERTIFICATE, RATINGS AND LOGGED FLYING HOURS: 

MITCH MCCOMMONS 

f1EOUIREMENTS 

MITCH MCCOMMONS MUST SATISFACTORILY COMPLETE AN INSTRUMENT PROFICIENCY 

CHECKOUT IN THE SAME MAKE & MODEL AIRCRAFT WITH A PROPERLY CERTIFICATED AND RATED 

Fl1Gf1T INSTRUCTOR 12 MONTHS OR LESS PRIOR TO ANY OPERATION OF THE AIRCRAFT IN 

FLIGHT. 

2 GREG FLOYD 

REQUIREMENTS: 

GREG FLOYD MUST SATISFACTORILY COMPLETE AN INSTRUMENT PROFICIENCY CHECKOUT IN 

THE SAME MAKE & MODEL AIRCRAFT WITH A PROPERLY CERTIFICATED AND RATED FLIGHT 

INSTnUCTOR 12 MONTHS OR LESS PRIOR TO ANY OPERATION OF THE AIRCRAFT IN FLIGHT. 

3 STEVE ?1CKETT 

STEVE f'ICKETI MUST SA TISF,\CTORILY COMPLETe AN INSTFiUMENT PROFICIENCY CHECKOUT IIJ 

THE SAME MAKE & MODEL AIRCRAFT WITH A PROPERLY CERTIFICATED AND R.ATED FLIGHT 

INSTRUCTOR 12 MONTHS OR LESS PRIOH TO ANY OPERATICN OF THE AIRCRAFT IN FLIGHT. 

r3/14.!20'i2 

(j,'>; :19· .~J4li4- 1)1_1 

Alpha Della Hol(itng.s, LLC 

;hCI.UOEO 
>\~d OTHE;, PERSON 

Pr;QViDE.D HE . .S.HE HOLDS A COMMERCIAL PILOT CERTIFiCATE VJlTH /~lRPLANE MULTI-ENGINE 

u~>;D i 1\JSTRU~,'JENT flATJNGJS) .AND HAS A f,W,JH-.1Uf·,~ 0!-· 2.500 TQ!J\L LOGGED HOURS, ~NCLUD!NG 

~;(JT LESS rHr\J'J l.OCO HOUrtS lN MUL_Tf·ENCJlNE AIRCRAFT MND 50 HOURS IN fHE SAME MAI<E ,~:~, 

\·'ODE"L AIRCRAFT. 

OTHER REOUlRf:r· .. lENTS 

MlY OTHEH PERSON MUST SATISFACTORILY COMPLETE A GROU~ID AND FLIGHT TRAINING 

PHGGRAM SPECIFIC TO TI1E AIRCRAFT THAT IS OFFERED BY THE AIRCRAFT MANUFACTURER OR 

BY A BON1\ FIDE FLIGHT TRi\INING F.4CIUT'I 12 MONTHS OR LESS PRIOR TO ANY OPERATION OF 

THE AIRCRAFT IN FLIGHT. 

Si\4:2012 

(1AG9·1J4G4·-IYJ 

Afphfl! De!ta Holdings, LlC 

I~!CL..IJDE:D 
h\d. f'ilot h.:.::-- r\)t 'J-I.S-20!2 

:\L1n l nn!,'. 

h\lnL t\hn I on f.!:< c~bn.!ung:u yJhol_) •• :ulll-' 

In- Y :wc<:y Rwhloll \~1 J.T,-\A a L\.-\. 

From: Ju~,tin LoiLtr · L_l ___ ·~-~1_; __ ,_;_11-!' u .~:> ,,. '.> 

nate: St:ph:mh:r 23. 2UJ2. 2:20:53 P\1l"Dr 

ro: Alan Long' _·i 'il L,;i-' ,·J \, dH''''.~-.. 

Suhjl"ct: Pilot Ft~l'S for 9-18-2012 

Dear Dr. Lung 

( iuod atkrnoun sir and I hope all has been well. Due to the change in plans un Tuesday's flight, the 

hilling 11ill be different than usual lor the llight. The pilot fcc tor myself on the day is $400. It can be 

mailed to my home address at 

6 7X6 Deerfoot Drive 

Pinson AL, 35126 

since the Birmingham !light center was not an official manager of the aircraft used tor the demo 11ight 

t'\erything will be done separately from the tlight center. 

I want to thank you for very much ((Jr allowing me to t1y you and I look t(mvard to our next meeting. Have 

a blessed day and I will talk to you soon . 

.Jus tin M. Lollar 

Commercial Pilot Services 

CF! 
INVOICE 

Shawn Flowers 

I~IVO!CE tiD. 918 ~1'J1 )hady lrest Rd 

Adamsville, Al. J)UUJ 

Z05-49Z -9652 

DATE October 3, 2012 

TO Alpha Delta Holding:> 

l3 16 Chester Rd. 

Birmin~harn, AL 35223 

[Phone] 

CUSTO,\\ER: lD 100 

~-=~~U~I~T~TY--r----~~--- DESCRIPTION UNIT PRICE LJNE .. TOTAL .. l 

11.00 ·······-···- __ 'P __ i_:lo.:_t.:_D::_•Y:_Ra_t_e ____________________________ J-:--S 450.00 $ 450.00l 

I -~----- ·---1------ ---------------t----------1--

. -· "·------. --~-------- ------···--------------·------------------ :-----··-··---- 1--------- T'hanks, I enjoyed Demonstrating the JN for you !!! ... ·--·--····· .... -----------------··- ·---------------····----------·---·--- ------------ ~------

1 .............. -L---~------··---·---------------- ----------,---------

1 : ... ···- ............ ---·----··---------------- " -·-·----··--------- ---------1-------1 

' ... 

... .. ...... " 

i--

:. 

1--

-----------------------------------'------------1-----"-

------------····--·· -------" . --------·-----------·+-----"·-------- -+---··--------

·- .1-------------..... -.. -_-.. -----"---- ....... -_--·_-_ .. ___ -__ .. -------·-------+-----------/---~ .. ~-_·:--] .... 

Make all checks. p(1yab!e to Addre<;S above 

THANK YOU FOR YOUR BUSINESS! 

SUBTOTAL $ 450.00 

SALES TAX 

TOTAL S 450.00 
iJ S_ Dc·parfmcnt 

,_-if lr·~~r-':por!rJI:on 

Alabama & No:1hwest FI.Jr;da 

FlhJht S!andards Oistrrct Offrce 

Federal Aviation 

Administration 

CUU Ill ED :VIAlL RLTUR~ f(ECTII'T REQliFSTID 

C h:tobcr I Cl. 2012 

File No. 20 12S0090053 

Mr. Steven Pickett. President 

Birmingham Flight Center 

4243 L Lake Blvd 

Bim1ingham. Alabama 3 5217 

Dear Mr. Pickett: 

Letter of Investigation 

iSOO Urb.1n Center· Om·e. Su!1e 250 

Vestavia Hills AL 352:42 

This Llrticc has received inl(>rmation which indicates that nn September 18, 2012 a Cessna 

Citation Jet. N525LP. owned by Team FinanciaL Inc and tlown by PIC Shawn Flowers and 

copilotlV!r. Justin Lollar. engaged in the trunsportation of persons and/or property for hire 

without the bene tit of an air carrier certificate. Further. inquiry into this matter indicates that 

the Binningham Flight Center. Inc, owned by Mrs. Sandi Pickett and run by Mr. Steven 

Pickett. maintained operational control on all aspects of the !light and was operating as a 

d i rcct air carrier per the c!clinition in 14 CFR Part 1 I 0.2. Operations of this type arc 

contrary to the Ft:Jeral A vi at ion Regulations. 

This letter is to inl[mn you that this matter is under investigation hv the Federal :\ viation 

Administration (Fi\A). Please li>rward any evidence or statements you might care to make 

regarding this matter to this of!icc within 10 clays nf receipt of this letter. Any discussion <>r 

written statements ltmlishcd by you will be given consideration in our investigation. If we 

do nol hear from you within the specilied time. our report will be prtlcesscd without the 

henC'ilt of your :-:tatement. 

Sincerely. 

/ ·'' 

Yanccv !{ushlun 

:\Yiation s~ifcty Inspector 
U.S l_::::eoortnienl 

of b::::nsnortc:tion 

Al2.bama f~ Northwest Flonda 

Fi<ght Standards D1stnct Off1ce 

Federal Aviaflon 

Administration 

CLRTIFIFD MAIL RETURN RECL'IPT REQUESTED 

< ktubcr I II. 20 I 2 

File No. 2012S0ll901l5., 

Mrs. Sandi Pickett, Owner 

Birmingham Flight Center 

4243 E. Luke fllvd 

Binningham. Alabama 35217 

Dear ,\Irs. Pickett: 

L~ttcr of Investigation 

1500 Urban Center Dnve. su:te 250 

Vestav1a H1:1s. AL 35242 

I his ofilce has received int(lrmation which indicates that on Scpkmber 18. 2012 a Cessna 

Citation kt. N525LP, owned by Team Financial. Inc and flown by PIC Shawn Flowers and 

copilot Mr. Justin Lollar, engaged in the transportation of persons and/or property t(,r hire 

without the benefit o!'an air carrier certificate. Funhcr. inquiry into this matter indicates that 

the Birmingham flight Center, Inc, owned by Mrs. Sandi Pickett and run hy Mr. Steven 

l'ickelt, maintained operational control on all aspects u!' the !light and was operating as a 

direct air carrier per the Jelinition in 14 CFR l'al1 II 0.2. Operations of this type arc 

contrary to the Feckral i\ viation Regulations. 

This letter is to in!(mn you that this matter is under investigation by the Federal Aviation 

Administration (F!\A). Please tc1rwanl any evidence or swtemcnls you might care to make 

regarding this matter to this ofllce within 10 clays of receipt of this Idler. Any discussion or 

writt~n ~takments furnish~d by you will hl~ given Ct)llSiLkration in our invcstigati~)n. lf\ve 

do not hear fr<1111 you within the specilieJ time, our rq1ort will be processed without the 

b~ncfit nf' your staiL'rnc-nt. 

Sincerclv, 

-·' 

Yancc~ f<.ushton 

/\\ i;_ttinn S~tkl~> IIE)JL'l"tnr 
IJ S ['tiPC'Hi"me·-,t 

nf ira:···~~-io:1nt,or~ 

Federal Aviation 

Administration 

,:._t3bJt1Hl ,~ ~~mth·.ve:;t Flonda 

Fiight Stand.:nds o;stnct Cff~ec 

Cl I( IIFIEU 'L\IL RL·l{:RN RFCFIPT RI'QUESITD 

Octubcr 10.2012 

File No. 2012~01lYIJ05J 

~Jr. Shawn Flnwers 

5!91 Shady Cr~st Road 

1Jim1ingham. Alabama 35005 

Dear Mr. Flowers: 

Letter of Investigation 

1500 Urb3n Center Onve. Su!te 250 

Vestavia Hdis. AL 35242 

[his office has received information which indicates that on September ! 8, 1012 a Cessnn 

Citation Jet. N525LP, owned by Team Financial. Inc and llm\11 by you as Pilot in 

Command. engaged in the transportation elf persons and/or property l~1r hire without the 

benet it of an air carrier ccrtiticate. FU11hcr, inquiry into this matter inrlicates that the nature 

of this !light wa., concealed anrl attempts were made to disguise the !>tel that common 

carriage 1vas involved. Operations of this type arc contrary to the Federal Aviation 

Regulations 

This letter is to in limn you that this matter is under investigation by the Federal A viatinn 

AJminislration (FAA). Please fonvard any C\·idencc or :-;tat~m~nts you might care to make 

regarding this matter to this otlice within I 0 days of receipt of this letter. Any discussion or 

written statements liJrnishcd by you wilt be given consideration in our investigation. If we 

do not hear from you within the spcciticd time, our report will be processed without the 

lx·ncfit of' your statcrncnL 

' \' :!f!Ce) Rushl(ln 

:\1 i:1tion SalCe\ I inspector ' . 
Fedeml Aviation 

Administratfon 

l'.la.bama 8. No;ihwest r::ond::J 

Filgf1l Sl3fld,;~rds DIS!iiC\ Oike 

CfXIII·II'D ~L\IL REll!RN li.FCFIP I RH)l TSTI [) 

October I 0. 2012 

File i\o. 2012S00'10()52 

i\:'lr. Justin :'vh1tthc'\' Lnllar 

6786 D(:a Fnot Dri\e 

Pin~-d.-111, Alabama 35 I ~6 

1 .ctter· off nvestiga tinn 

1500 Urhan Center Drive Su1te 250 

Vesta·Jra H!!IS Al 33242 

As the re.-..ult ofr~cciving a complaint. alk-ging an ilh:gal charter llight. I reviewed an Cllll)· in ynur 

pilot k)g.book which indkakd that on Scptemha IS. :2012 you tlev .. as a copilot 2.5 llight hours In a 

Bcechcrai\ Baron. N<JlJilM. The round trip tlight deported li·mnllirmingham. Alnbama IKBI!M) 

and til~ dcstinatinn \\a~ D~.!stin. Florida (KDTS). rhis particular record \Vas. signed l-ry ynu certifying 

th~ accuracy or the rcCL)nL An invcstigatiPn into this flight sc-cnb tn indicate that the !light in the 

Lkl;;'chcraH B;Jron ncn·r occurred and the tlif:!hl ac.:tuall;.' occuJT(;.'li in a Cessna Cit::ttinn Jd. CE-525. 

( >n !_h::tt)bcr 2. ~012. in a rncding at thL" Alabama anJ Northwcstl.lnrida Ftight Standards !Jiqrict 

Ollict~ ( I"SDO}. }\HI con finned the tlight on September 18. 2012 was not tlnwn as logged and yuu 

di~cln:.:ed that thcrt:: \\Crt: nttmernus other !lights that did nut aclual!y occur. /\ statcrne.nt \'>tiS made 

hy yuu un that same day and em ailed to me conlirming the t~1bc entries. 

rhesc circwnstanccs indicate that YtHI may h'-1\e t.:ommitted n violation of the Federal Aviation 

H.:gulati(li1S by making intentionally f'al.-;c cntrit.:s in ynur pc.;:r:-.:nna11lighl lug. 

l"hi,r.,. ktter is to inform you that this matter is under inve'-ltigatitlll h)· the Fclkral Aviatil11l 

i\dmini:-;tration (Fi\i\). P!ca~c !"or\'.,-nrd any evidclli,.'l' or stak-menl~ you mighl care ~n ma"-..: rt.:garding 

1hi:-; lll~lller l\_) Lhis office within I 0 days nrrt:ct.:ipt ~)!'!his Idler. ;\ny di_..;cussiun or \-'.rl!tl'll Slaft:!llCHh 

!'mni·.;!v:J hy y•,llJ \\·il\ be 't_?,h·~n..:ow;!d..:ration in our ;dl\c:,tigation_ !,-we dn not h<.:"ar from )'!)ll \\·\thin 

the --;pccit!c:d time. nur repurt \\ill he prnc,; . .,s~.-·d withuut the hL·nefi! t)f ~·nur ~tatemcnt. 

Y;~nLT\ J\u..;htnn 

'\\ i;tli;qJ \;ik!y llh!)t'l.:\\)r 
~k Ya.nccy Rushton 

Federal Avi:uion AJministrauon 

1500 Urb:m Center Dm·e Suite 2i(J 

Vestal""' Hills. AI 35242 

lkar Mr Rushton 

I have rcccJved the LLttcr nf Investigation on the Demonstration flight that \1.3S made on September 18, 

2012. I 1\0uld like to send a statement to; ou in this matter, but as I indicated to you ycsterda,· 

I 0/1 1/2012 at the au-pon when 1\C \\Crc discussmg this matter. that I would be out of town until October 

12. 2012 :llld mil be unable to prepare a statement until f return I would like to ask for a little lenience on 

the ten day time fr:unc that you imposed. Please let me know if this agreeable With you. 

'·:j 
October 23, 2012 

Inspector's Statement 

Birminghmn Flight Center 

Illegal Chat1cr Operation 

On 10/23/2012 a meeting was conducted at the Alabama/Northwest Florida FSDO 

between the owners and a pilot of the Birmingham !light Center and inspectors tl·om this 

uflice. Present from the school was Sandy Pickett, O\\ner, Steve Pickett, CEO and Chief 

Pilot and Shawn Flowers, pilot for the t1ight school. Birmingham Flight Center is a Part 

61 !light school and manages coqJorate registered aircraft. Present from the FSDO was 

ASls Yancey Rushton and David W. Hargett. Inspector Rushton thanked them for 

coming to the oflice and quickly explained why I was also in the meeting. It was ,it this 

time I asked all the parties if they were ~ware of the Pilot's Bill of Rights and understood 

them. Both Steve Pickett and Shawn Flowers said they were aware of their rights under 

this bill. Inspector Rushton asked !VIr. Pickett if he had brought a 11rittcn statement at 

which ivlr. Pickett replied no. Mr. Pickett said he wanted to talk about the written 

statement and asked what he should write. Inspector Rushton told him to write down the 

facts regarding this case and cautioned Mr. Pickett not to try to cover up what had 

happened. Mr. Pickett and Mr. Flowers were told that we \\ere not here to tell them how 

or what to write in their statements. It was at this time that !VIr. Pickett admitted he was 

taking total responsibility for this flight. 1-!e said he thought the way he was handling the 

llight was legal but alter he received the Letter oflnvestigation (L.OI) he looked a~ain at 

the regulations and realized the !light was illegal. Again he said he was accepting total 

responsibility for the operation of this !light. fie asked what type of sanctions could be 

taken against him. He stated he depends on his certificate tor his living. lie asked if a 

civil penalty could be used instead of a certiticate action. I explained to him that he 

should expect a certificate action taken against him and Mr. Flnwers while civil penalties 

would be taken againstl'v!rs. Picket!. Mr. Pickett asked what sanctiuns and how many 

days he could expect. I told him that would be up to the regional legal nfth:e. !told him 

they look over the E!R and make their determination. 1 told him the region could ask the 

question that if he did this once then how many times did he Jo illegal charters. I told 

Mr. Pickett my thought on this subject. if 1 caught vou once doing an illegal cf!arter I 

wonder how many you did illegal charters in the past that we did not catch. I told him 

that if region requested, we might have to contact all the"" ncrs of the aireral\ that he has 

mana~cment a~recmcnts with to inspect the records and possible billing statements for 

possible violations. I cxpbined that the tina! recommendations for sanctions would come 

f"rom the region and presented to the judge and we had no enntrol of the tina! outcumc. I 

asked if the rederal l'xcisc Tax haJ been paid for the tlight as required by the IRS. I was 

not expecting an answer nor did I receive one. Both Mr. Pickett and Mr. Flowers kept 

stating this flight was a demonstration Jlight. When asked if they provided a spec shed 

fnr that aireralt they said they gave him a generk sheet. They handed rts a c'''PY of what 

they provided. This sheet gave a \cry basic cost breaklhmtL !'he purchase price ofrhe 

aircraft. note the sheet was 1\.•r a 2001 aircraft anJ the aircran uscJ f(lr the fight was a 
I9'l7. 11as on the sheet. Also on the sheet are an awrnge !light hour bluck l(Jr seveml 

dc::stinations from Bl-IP.·L ti'\cd Losts. cost t)f fud and airframe and engine res~rvcs ~..·osr. 

Sume items not nn the sheet arc: numhtr of pa~sengers. bug gage weights, rang~ in both 

miles and !light lwurs. as well as maximum altitude. Mr. Flowers 11as asked if he walked 

Dr. Long. the pass~nger. around 1hL' aircratl pointing out th~ katurcs of the aircraft, he 

responded 11ith a no. He said he just prmided Dr. l.ong 11ith the sheet prepared hy the 

Birmingham Flight Center. From what lv1r. Flowers explained about the tli12ht, it 

sounded to me as here is a spec sheet. wdcome aboard. please be sc:rtcJ and we 11ill he 

airbome shotily. This sounded more like a charter tlight than a demurbtration !light. Mr. 

Pickett again said he w:Js taking full responsibility for the conduct or this tlight. He said 

he thought he was doing a demonstration !light. I [e said he checked the regulations after 

he received the LOI from Inspector Rushton and realiLed he did not comply with the 

regulations. J told them that the IRS looks at cummcrciai flights dith:rently than the 

FAA. IRS ligures if money is exchanged t(w a !light then taxes needed to be colkctcd 

and paid. It was at this time both Inspector Rushton and I noticed Mrs. Pickett was 

starting to cry. We concluded the meeting with Inspector Rushton giving them 48 hours 

lo SLtbmit a written statement if the wanted to submit one for the E!R. 
'{ancey Rmhton 

,\viation Safety lnsrector 

FedcrJI /\vi~tticm Admini'itrati\)11 

1500 Urban Center Dr S\lite 250 

V ... :stavia Hill:;, AI_ 3S2,-C 

File; c~o 20 I :2SOIY101J:il 

Dear Mr. RushtLHl 

Shawn Flowers 

5191 Shady Crest Road 

Adamsville. AI 1'005 

(205) ~92-96.'2 

I have received the Letter of Investigation on the Dern<Jnstration llight that was made on 

September IS, 2012. The tollnwing is my statement of the events. 

I was contacted by Justin Lollar about tlying Dr Long to Destin and demonstrating the 

capabilities of the Citation CJ on September 18, 2012, to Destin, Florida. He stated that 

the weather was going to be unsafe to fly the doctor in his Harron and this would be a 

great opportunity to demonstrate the Jet to Dr Long since he had previously expressed 

interest in purchasing a Jet. [ then placed a call to the aircraft broker who had the CJ 

listed lor sale to get approval fi.1r the tlighr Shortly thereafter, Steven Pickell called with 

the same request not knowing Justin had already contacted me and I told him I was 

waiting for the owner's approval. 

On September 17,2012.1 received a text message from the broker, Steve Allen Jr., that 

the owner had approved the !light in the CJ At that point I called Justin and told hin1 we 

could do the Hight 1 !e asked if he could ride along for experience and I told him that 

would be g<lOd as l had never met Dr Ltlng. !'he morning nf the tlight the doctor arrived 

at the FBO, Justin introduced us and we proceeded our w the aircraft As we walked nut 

the aircraft Dr. Long asked me several qllestions about the capabilities of the Citation CJ, 

such as range, altitude's and fuel burns. We made the tlight and upon arrival hack in 

Birmingham, the doctor see!l1td to be impressed witl1 the jet's performance, committing 

i_Ht its speed and ability tn climb over the weather 

!\.lr Rushton :11\er our lirst meeting on this nntter, you advised me to loo~ up the FAR 

regulations regarding demonstration flights_ fn hind-sight, after researching the F 1\ R 

r(~gulations, I se~ then the o:ircumsumces surrounding this Hight are out~ide the FAR 

regulations and I should have handled the flight diffcrt'ntiy 1\ly im,:ntinns as ihe pdnt in 

G ..)n\mand nfth~,; t1ighi .. YYGH; :;in1p\y h_', dcmons.trati2 thr- CJ \i:J th<: pas5t-nger \Vhde a.Lo 

providing hi~ uan:'.port.].iinn tk:eds it\\.':!~ never my intent f() Yiolate the FAR reg,u!ations 

r v.,.,i!l in the flH!Jre be n1uch more ddig~nt in m~tk!ng :~ure 3JYY Hight I accept fnlto\vs the: 

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ACKNOWLEDGEMENT OF REO~IPT OF PILOT'S BILL OF lUG !ITS 

WRITTEN NOTIFICATION 

l adnowledge that [received tltc Pilot"s Bill of Rights Written Nntitication of 

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ACKNO\VLEDGEi\IENT OF HECEIPT OF PILOT'S BILL OF HIGJITS 

WIUITEN NOT! FJCATION 

1 acknowledge that 1 received thc Pilot's Bill ot' Ril,:hts Written Nntiliccltion nt' 

Investigation at the time of this application. 
ol fronspo:-tat:or: 

Federal Aviation 

Administration 

Fl:ght Standards Drstr':ct Off:ce 

,~!Jbama & Northwest F!or:da 

! 500 Urban Center Drrve, Ste 250 

Vestavia Hills_ A! 35242 

ACKNOWLEDGF:MENT OF RECEIPT OF PILOT'S BILL OF RIGHTS 

WIUTTEN NOTIFICATION 

I acknowledge that! received the Pilot's Bill of Rights Written Notification ol" 

fnvcsti[!ation at !he lime oflhis application. 
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2015-09-01 11:31 DOT >> 

SERVED: September 1, 2015 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

W ASHlNGTON, DC 

1-815-356-7042 p 1/7 

In The Matter Of: ) 

) 

) 

) 

) 

) 

Docket No. FAA-2014-0867 

BIRMINGHAM 

FLIGHT CENTER, INC. 

Respondent 

Case No. 2012S0090053 

ORDER GRANTING THE MOTION TO AMEND, CONTINUING 

THE NOVEMBER 2015 HEARING TO SEPTEMBER 2016, 

AND GRANTING OTHER RELIEF 

On August 27, 20 IS an Order Setting Motion Conference was filed. 1 

On August 31,2015 the parties appeared by telephone for the Motion Conference, and 

presented argument on their motions for relief. 

The parties appeared for a Rule 16 Litigation Scheduling Conference on April 7, 2015 

and agreed to a litigation plan, which was codified in the April 7, 2015 Order Setting Litigation 

Dates and Procedures ("Order"). As part of this litigation plan, the parties agreed to immediately 

begin conducting discovery, and conduct all discovery and any needed motions within a short 

four and a half ( 4 '/:) month period. 

During the April7, 2015 Motion Conference, the parties were asked if they wished to 

schedule time for dispositive motions. If so, then the case would be scheduled in the year 2016. 

If not, then an earlier November Hearing date that had recently opened on the court's calendar 

would be available. (417/15 Tr. 8:8-19.) The FAA expressed uncertainty as to whether it would 

file any future dispositive motion(s), because discovery exchange had not yet been conducted. In 

contrast, the Respondent asserted that no such motion was needed. (417/15 Tr. 8:22 -9:12.) 

1 The Motion Conference was short-set in response to the parties' motions and responses. The parties' filings were 

identified in the August 27,2015 Order. and will not be repeated here. ,_ ___ ;.;.....;,.;;;,. 

EXHIBIT .! 

0 

D 1 

' 

\: '' . ~ . / 
2015·09-01 11:32 DOT 1 >> 1-815-356-7042 p 2/7 

Despite its uncertainty about what motions might be needed in this case, the FAA agreed 

to schedule the pre-hearing litigation process without any dispositive motions specifically 

calendared. A pre-hearing litigation plan was then agreed to by the parties, which included 

identifying all expert witnesses no later than May 29,2015, scheduling depositions and issuing 

subpoenas by June 19,2015, and completing all depositions, discovery, and motions by August 

21, 2015. (Order, 2-3.) The parties also agreed to try the case in on November 18-19, 2015. 

(Order, 3 ~A (13).) 

On April 17, 2015 (i.e., ten (1 0) days after the April 7, 2015 Motion Conference), the 

parties exchanged initial disclosures, pursuant to the April 7, 2015 Order. (Order, 1, A (1).) 

Three (3) days later, on April20, 2015, the parties served each other wiU1 i>~"~(a! discovery 

requests. Pursuant to 14 C.F.R. § 13.220(d), the responses to such discovery was due "not later 

than 30 days [after).,, service.'' Thus, each party should have filed its responses to the April20, 

2015 mutually exchanged discovery requests on or before May 21, 2015. During this time 

period (i.e., April21, 2015- May 21, 2015), any party unhappy with the served discovery had 

the option (if needed) to file a motion for limitation relief. (Order, 2 ~A (4).) In addition during 

this time period (i.e., April21, 2015- May 21, 2015), the parties agreed that the FAA would 

disclose all expert witnesses, on or before May 15,2015, Two weeks later, on May 29,2015, the 

Respondent would disclose its expert witnesses. (Order, 2 ~A (6).) ,, 

According to the April 7, 2015 litigation plan, and assuming all general discovery 

responses were served on or before May 21,2015 (the 30'h day), a party unhappy with discovery 

responses (or the lack of discovery responses) had the option to file a motion to compel 

discovery, "within ten (I 0) days" after lack of discovery or service of deficient discovery. 

(Order, 2, A (5).) Thus, absent an agreed extension of time, a party unhappy with served 

discovery, or the lack of discovery, would file a motion to compel no later than June 1, 2015. 

(Order, 2 ,I A (6).) Thereafter, any depositions of witnesses were to be scheduled by June 19, 

2015, and completed before the August 21,2015 discovery deadline. (Order, 3 ~A (8·9).) 

Brief Discussion: 

The FAA seeks to amend the April 7, 2015 Order by continuing the November 2015 

hearing date, extending the time to exchange discovery, and setting dispositive motion deadlines. 

I ' 

Page 2 of6 
2015-09-01 11:32 DOT 1 » 1-815-356-7042 p 3/7 

The Respondent asserts it has completed discovery responses, and that the F M has failed to act 

diligently in adhering to the litigation schedule. The Respondent objects to a continuance of the 

hearing and to scheduling dispositive motions, but also moves to compel discovery. 

The purpose of the April 7, 2015 Litigation Scheduling Conference, and April?, 2015 

Order, was to ensure that the parties organized their cases and proceeded as expeditiously as 

possible. See, 6A Fed. Prac. & Proc. Civ. § 1522.1 (3d. ed. 201 S)("the scheduling conference ... is 

directed toward organizing the [litigation] process ... [and] setting deadlines for the completion of 

the various pretrial phases."). A scheduling order is a "critical path chosen by the trial judge and 

the parties" to secure the ''just, speedy, and inexpensive determlna~lon ufo:v<ay a"tio"·" Ma~o"m 

v. Zimmer, 163 F.R.D. 250,253 (S.D.W.V. 1995). 

It is well established that a litigation scheduling order, and the time lines established by 

the court in the order, are binding on the parties. See, 6A Fed. Prac. & Proc. Civ. §§ 1522.1 and 

1522.2 (3d. ed. 2015); Marcum v. Zimmer, !d. at 253 ("a scheduling order ... is not a frivolous 

piece of paper, idly entered, which can be cavalierly disregarded by counsel without peril" ciling 

Goewey v. United States, 886 F.Supp. 1268, 1283 (S.S.C. 1995; Jordan v. E.l. due Pont de 

Nemours & Co., 867 F.Supp.l238, 1250 (D.S.C. 1994)). 

In its objections to the FM's motions, the Respondent correctly identified the good 

cause standard of review for considering a party's motion to amend or modify the binding 

litigation schedule. (Resp. 4.) In essence, the "focus of the inquiry is upon the moving party's 

reasons for seeking modification." Johnson v. Mammorth Recreations, 975 F.2d 604,609 (9th 

Cir. 1992). "If that party was not diligent, the inquiry should end. (Jd.) 

< I J 1, I. 

[I]fthe party seeking relief can show that the deadlines cannot reasonably be met despite 

the party's diligence, relief may be given. Similarly, relief may be granted if the court 

finds that the movant has not unduly delayed the action and that the opponent will not be 

prejudiced by the modification. When the modification is necessitated by acts of the 

opposing party or by the opponent's failure to act, relief also has been deemed 

appropriate. 

6A Fed. Prac. & Proc. Civ. § 1522.2 (3d. ed. 2015) (footnote cites omitted). 

In the case herein, it was undisputed that the FAA had failed to provide any discovery 

responses to the Respondent's April20, 2015 discovery requests. However, the Respondent's 

Page 3 of6 
2015-09-01 11:33 DOT 1 >> 1-815-356-7042 p 4/7 

argument that the FAA's motions should be denied, because the FAA had failed to act diligently 

on the case, was not fully persuasive. 

As specifically discussed during the August 31, 2015 Motion Conference, the original 

April 7, 201 S litigation plan had been an ambitious, short-set plan with strict deadlines, to allow 

the parties the opportunity to utilize an early hearing date available on the court's calendar. 

Unfortunately, there was a mutual abandonment of the litigation schedule by both parties after 

exchanging general discovery requests on April20, 2015. It was undisputed that neither party 

served timely responses, on or before May 21, 2015 (the 30d' day), to the April20, 2015 

Llbwv"•J ·~'luoou. l'loith<>r port)• £11m mntinns to limit th~ requested discovery within the thirty 

day discovery window (i.e., April21, 2015· May 21, 2015) after receipt of the requests. 

Immediately after May 21, 2015 deadline, neither party filed a motion to compel discovery, 

"within ten (10) days" after the lack of receipt of discovery responses. (Order, 2 ~A (6).) 

Neither party identified expert witnesses in May 201'5 pursuant to the litigation deadlines. In 

I, . " . 

addition, neither party contacted the other to schedule any depositions of witnesses on or before 

the deadline of June 19, 2015. 

As noted by the pnrties during the August 3 1, 2015 Motion Conference, part of the 

abandonment of the litigation schedule occurred because the FAA's original attorney left the 

FAA on June 25, 2015 to accept another job. Approximately six (6) days after this original 

attorney transferred to a different fedem1 agency, the case was reassigned to a new FAA 

attorney, who did not receive a complete file. Although the FM's new attorney acted promptly 

to file a July I, 2015 Notice of Appearance, and immediately contacted the Respondent to try 

and complete discovery exchange, communications between the pnrties took time, and did not 

result in discovery completion before the deadline of August 21, 2015.2 

There is no doubt that the Respondent took quick action in serving its July 13, 2015 

responses to the FAA's July 7, 2015 propaundcd.requests for admission. 3 The Respondent also 

filed responses to the FAA's April 20, 2015 discovery requests on August 1, 2015 (i.e., over twa 

'The details of the parties' communications between July 1, 20 IS and August 21,2015 were fully discussed during 

the August 31, 201 S Motion Confetcnce, and will not be reiteroted here. 

' As noted in the August 31, 20 t S Motion Conference, the newly assigned FAA attorney propounded new discovery 

requests on July 7. 2015, because it did not have copies of the earliet Apri120, 2015 FM discovei'Y requests. 

Page 4 of6 
2015-09-01 11:33 DOT 1 >> 1-815-356-7042 p 5/7 

months after the May 21,2015 due date), provided supplemental disclosure on August 17, 2015, 

provided courtesy copies of its August I, 2015 responses to the FAA on August 19,2015, and 

provided new discovery responses on August 21, 2015 to the FAA's July 7, 2015 propounded 

general discovery requests. 

In contrast, as of the date of the August 31, 2015 Motion Conference, the FAA had not 

yet filed any responses to the Respond~nt's AP.rii2,Q,,2015 discovery requests. While this is not 

.J '.(.;~. ~ "'[ ) 

commendable, it is not, as the Responde~! assertc'd, ~olely because of a lack of diligence on the 

part of the FAA. Instead, it is the result of a mutual abandonment (for a time) of the discovery 

oahodulo b)' both p•rti..,~. combined with the disruption of an attorney substitution on the FAA 

case under unusual circumstances, and the lack of immediate communications between the 

parties after such substitution occurred. This combination offactors, in this particular case, is 

sufficient to support a finding of good cause, and to grant the FAA's Motion to Amend the April 

7, 20!5 Order. 

Conclusion: 

Pursuant to 14 C.F.R. § 13.205, 14 C.F.R. § 13.218, 14 C.F.R. § 13.220, and after 

reviewing all relevant caselaw, regulation, statutory authority, and being fully advised; 

IT IS llEREBY ORDERED: 

. '.\/ .. . tl."\. . .i.~.' : ,•, 

I. The FAA has established good cause to support its Motion to Amend the April 7, 2015 

Order setting the litigation schedule, 

2. The FAA's Motion to Amend the April 7, 2015 Order setting the litigation schedule is 

granted, 

3. The November 18-19, 2015 Henring set in Birmingham, Alabama is continued to 

September 13-14, 2016. 

4, On or before September 30,2015 the FAA shall serve the Respondent with responses to 

the Respondent's April 20, 2015 discovery requests. 

',•. 

: .. ~· PageS of 6 
2015-09-01 11:34 DOT 1 >> 1-815-356-7042 p 6/7 

5. Between now and October 15, 2015, the parties shall confer informally to discuss a 

mutually convenient schedule for filing a dispositive motion, response, and reply, as well 

for a recommended telephone Motion Conference for oral argument on such motion. 

Such Motion Conference should be proposed for at least sixty (60) days prior to the 

September 13-14,2016 Hearing (i.e., on or before July 13, 2016). 

6. On or before October IS, 2015, the parties shall file a Proposed Plan, which will 

identify the parties' proposal for the dispositive motion schedule, as well as any deadlines 

for submission of witness lists and exhibits (and other deadlines) needed before the 

September 2016 Hearing. 

7. Betwo:"n uuw and Oetobcr lO, :2015, the pArties ~hall confer informally to discuss and 

attempt to resolve any disputes regarding requested discovery. 

8. On or before October 30,2015, either. party may file (if needed) a motion to compel 

discovery. If such a motion if filed, it must be accompanied by a Rule 37 Declaration 

identifying the party's efforts to informally resolve the discovery dispute with opposing 

counsel. 

9. For any procedural questions about this Order, please contact Mr. Cody L. Smith, 

Attorney-Advisor at the Office of Hearings (202-366-6941 ). 

Attachment: Service List 

Page 6 of 6 
2015-09-01 11:34 DOT 1 >> 1-815-356-7042 p 7/7 

Docket No. FAA-2014-0867 

(Civil Penalty Action) 

SERVICE LIST- BY U.S. MAIL 

ORIGINAL & ONE COPY 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Washington, DC 20591 

Attention: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building-Suite 2W I 0001 

ONE COPY 

Mr. Christopher R. Stevenson 

Complainant's Counsel 

Federal Aviation Administration 

Office of the Regional Counsel, AS0-7 

Southern Region 

1701 Columbia Avenue 

College Park, GA 30337 

TEL: 404-305-5200 

FAX: 404-305-5223 

Mr. Paul R. Borth 

Respondent's Counsel 

Barnett & Borth, LLC 

800 Waukegan I<oad, Suite 200 

Glenview, IL 60025-4387 

TEL: 84 7-724-5520 

FAX: 815·356-7042 

Judge J .E. Sullivan 

U.S. AdminisTrative Law Judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

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

Washington, DC 20590 

TEL: 202-366-6941 

FAX: 202-366-7536 

Birmingham Flight Center, Inc. 

Respondent 

4243 East Lake Blvd, 

Dinnin~;h~~m, AL 3 5217 

1 Service was by U.S. Mail, For sorvice in person or by expedited courier, usc the following address: Federal 

Aviation Administration, 600 Independence Avenue, S. W., Wilbur Wright Building-Suite 2WIOOO, Washington. 

DC 20591; Attention: Hearing Docket Clerk, AGC-430. 
U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS, WASHINGTON, DC 

MICHAEL P. HUERTA, Administrator 

Federal Aviation Administration 

Complainant 

v. 

) 

) 

) 

) 

) 

) 

BIRMINGHAM FLIGHT CENTER, INC. ) 

Respondent. 

) 

) 

Docket No. FAA-2014-0867 

Judge J.E. Sullivan 

FAA Case No, 2012S0090053 

RESPONDENT'S REQUESTS FOR PRODUCTION OF DOCUMENTS 

Respondent, BIRMINGHAM FLIGHT CENTER, by its attorneys, Barnett & 

Borth, LLC., hereby requests that the Administrator provide the responses to the 

following requests for production within (30) days, in accordance with Section 821.19 of 

the Rules of Practice in Air Safety Proceedings and Rule 34 of the Federal Rules of Civil 

Procedure: 

PLEASE NOTE THE FOLLOWING SPECIAL INSTRUCTIONS AND DEFINITIONS: 

A. The term "document" as used in these Requests means any book, pamphlet, 

periodical, letter, report, memorandum, e-mail transmission, notation, message, record, 

study, working paper, chart, graph, index, tape, minutes, contract, lease, invoice, record 

of purchase or sale, correspondence, telegram, cable, electronic or other transcription or 

taping of telephone or personal conversations or conferences, and any and all other 

written, printed, typed, punched, taped, filmed or graphic matter, however produced or 

reproduced. 

B. The term "subject t1ight" as used in these Requests means the September 18, 

2012, t1ight ofN525LP, a Cessna Citation Jet from Birmingham, Alabama to Destin, 

Florida. 

Request for Production of Documents: 

I. All documents other than the previously disclosed EIR that you intend to use at 

the hearing of this matter. 

2. Complete copies of all statements (oral, written, or transcribed, signed or 

unsigned) by parties or witnesses to this matter, including but not limited to individuals 

who: has or claims to have knowledge of any of the facts specified in the Final Notice of 

Proposed Civil Penalty 

EXHIBIT 

1 II' " p '' Li '-'' 

E 
3. Complete copies of all documents that were used to support the allegations set 

forth in the Complaint. 

4. All rules, regulations, bylaws, guidelines of any public authority, inspecting or 

reviewing authority or other private body, which you intend to use during the hearing of 

this matter. 

5. A complete resume or Curriculum Vitae of all experts and FAA witnesses that 

that you intend to call upon to give testimony or present evidence at the hearing of this 

matter. 

6. Copies of all articles, papers treatises, textbooks, journals, or other literature 

considered and/or reviewed by your experts and witnesses. 

7. All written documents, materials, exhibits, diagrams, plats, photographs, records, 

films, and the like to be used by your experts and witnesses to prepare for testimony or 

create reports related to this matter. 

8. All written material, exhibits, diagrams, photographs and the like to be used by 

your attorney's in questioning or impeaching the Respondent and/or Respondent's 

witnesses at the hearing of this matter. 

9. All office or review notes, memos and all other documents generated by or on 

behalf of your experts in conjunction with their involvement in this case. 

I 0. Copies of all documents that were provided to your experts in this case. 

I I. Copies of all correspondence by and between you and your experts in this case. 

12. Copies of all reports prepared by your expert witnesses. 

13. All documents of official or unofficial character for which you will seek the Court 

to take judicial notice of at the time of trial. 

14. All demonstrative and evidentiary exhibits you intend to use at the hearing of this 

matter. 

15. Each and every document, record, report, writing memorandum, physical object 

and the like revealed or referenced in Complainant's Answers to Interrogatories. 

16. Complete copies of all the validly adopted interpretations of laws, and regulations 

that the Administrator carries out that the Complainant intends to use at the hearing of 

this matter. 

17. All documents that reference or relate to Bob Kent of Premier Group concerning 

the subject aircraft, N525LP. 
18. All correspondence and e-mails sent to or sent from Dr. Alan Long related to the 

subject flight. 

19. All correspondence and/or e-mails to-from Aviation Services Group concerning 

Dr. Alan Long and/or the subject flight 

20. All documents that demonstrate the storage or maintenance of Dr. Alan Long's 

airplane. 

21. All documents that refer to or relate to any existing between Dr. Alan Long and 

Aviation Services Group. 

22. All bills related to the subject flight 

23. All written agreements between Dr. Alan Long and the Respondent and its agents. 

24. Complete and un-redacted reports of all individuals who performed investigation 

in this matter. 

25. All documents generated by Yancey Rushton, Pat Bruce, Clay Perkins, and David 

Hargett related to this case. 

26. Copies of all documents received through any subpoenas issued in this matter. 

27. All proof of payment for payments made by Dr. Alan Long to the Respondent for 

the subject flight. 

Demand to Supplement: Pursuant to Federal Rules, the party responding to these 

Requests to Produce is hereby requested to seasonably supplement or amend any prior 

response and disclosure whenever new or additional information subsequently becomes 

known to that party or the party's attorneys or agents. 

Respectfully submitted, 

BARNETT & BORTH, LLC 

Dated: April20, 2015 

c":~;;~~;:.~~/ 

Paul R. Borth 

Counsel for Respondent 

Barnett & Borth, LLC 

800Waukegan Road, Suite 200 

Glenview, IL 60025 

TeL (84 7) 724-5520 

Fax (815) 356-7042 prb@barnettlegal.com 

31 p :.t g c 
CERTIFICATE OF SERVICE 

I hereby certify that I have this date faxed and emailed the foregoing 

RESPONDENT'S REQUESTS FOR PRODUCTION OF DOCUMENTS addressed to: 

Judge J.E. Sullivan 

U.S. Administrative Law Judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

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

Washington, DC 20590 

VIA FAX: 202-366-7536 

Deitrick H. Johnson 

Complainant 's Counsel 

Federal Aviation Administration 

Office of the Regional Counsel, AS0-7 Southern Region 

1701 Columbia Avenue College Park, GA 30337 

TEL: 404-305-5200 

FAX: 404-305-5223 

Service via: deltrick.h.johnson@faa.gov 

Paul R. Borth 

Counsel for Respondent 

Barnett & Borth, LLC 

800WaukeganRoad 

Suite 200 

Glenview, IL 60025 

Tel. (847) 724-5520 

Fax (815) 356-7042 

prb@barnettlegal.com 

41 \l.·l' .. 'e ' ' '- -
U.S. DEPARTMENT OF TRAL"!SPORTATlON 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

In The Matter Of: 

BIRMINGHAM FLIGHT CENTER, INC. 

Respondent. 

Docket No. FAil.-2014-0867 

Judge J.E. Sullivan 

FAA Case No. 2012S0090053 

RESPONSE TO RESPONDENT'S DISCOVERY REQUESTS 

The FAA hereby responds to Respondent's Expert Discovery Requests, Respondent's 

Requests for Production, and Respondent's Interrogatories: 

Expert Discovery Interrogatories 

l. TI1e F iiA has not identified any expert witnesses at this time. In the event that the FAA 

identifies an expe1t witness, the FAA will comply with its obligations under Rule 26 and the 

Judge's Orders. 

2. The F iiA has not identified any expert witnesses at this time. In the event that the FAA 

identifies an expert witness, the FAA will comply with its obligations under Rule 26 and the 

Judge's Orders. 

h,xpert Discovery Requests for Production 

I. The FAA has not identified any expert witnesses at this time. In the event that the FAA 

identifies an expe1t witness, the FAA will comply with its obligations under Rule 26 and the 

Judge's Orders. 

2. Objection, privilege. Rule 26 explicitly provides that communications that "identify facts 

or data that the party's attorney provided and that the expert considered in forming the opinions 

to be expressed" are discoverable, but this request for production explicitly goes beyond a 

corrununication that "identifies" facts or data, and seeks communications that "relate to" these 

facts and data, a category that would include vi1tually any discussion between the attorney and 

the expert witness about the case. Those additional communications are privileged trial 

preparation materials. Not waiving and notwithstanding this objection, the FAA has not 

identified any expert witnesses at this time. In the event that the FAA identifies an expert 

witness, the FAA will comply with its oblicrations under Rule 26 and the Judge's Orders. 

EXHIBIT ~ 

' 
3. Objection, privilege. Rule 26 explicitly provides that communications that '"identify 

assumptions that the party's attomey provided and that the expert relied on in forming the 

opinions to be expressed" are discoverable, but tllis request for production explicitly goes beyond 

a communication that "identifies" facts or data, and seeks cotrummications that "relate to" these 

assumptions. Those additional cotrummications are privileged trial preparation materials. Not 

waiving and notwithstanding this objection, the FAA has not identified any expert witnesses at 

this time. In the event that the FAA identifies an expert witness, the FAA will comply with its 

obligations under Rule 26 and the Judge's Orders. 

4. Objection, privilege. Other than the final expe11 report 

protected tTial preparation materials. Not waiving and notwiths 

has not identified any expert witnesses at this time. In the evetr 

witness, the FAA will comply with its obligations under Rule : 

Requests for Production 

I. See attached. Additionally, the FAA reserves the right 

Respondent in discovery. 

2. All statements in the possession of the FAA were inclu(led in the EIR and copies were 

previously provided to the Respondent. 

3. The documents used to support the allegations in the Complaint were the items of proof 

in the EIR and copies were previously provided to the Respondent. 

4. Objection, vague. The nature of the documents sought in this request is unclear. Not 

waiving and notwithstanding that objection, the FAA is unaware of any of its documents relevant 

to this case being "rules, regulations, bylaws, [or] guidelines" of any "private body." 

5. The FAA has not identified any expert witnesses in this matter. In the event that the FAA 

identifies an expert witness, the FAA will comply with its oblig~tions under Rule 26 and the 

Judge's Orders. With regards to non-expert witnesses, the FAA does not require its employees to 

maintain Cutriculum Vitae, and is not obligated to have doctnn~nts created at Respondent's 

request. 

6. The FAA has not identified any expert witnesses in this matter. In the event that the FAA 

identifies an expert witness, the FAA will comply with its obligations under Rule 26 ,md the 

Judge's Orders. 

7. The FAA has not identified any expc11 witnesses at this time and no expel1 witness 

reports have been prepared. In the event that the FAA identifies an expel1 witness, the FAA will 

comply with its obligations under Rule 26 and the Judge's Orders. As to non-expert witnesses. 

no such documents exist at this time, inasmuch as witness preparation is not a task typically 

perfom1cd until much closer to hearing. Additionally, the FAA notes that any such documents 

would be produced in response to other requests for production (if they were evidence in the 
case), or would be covered by the work-product and attorney-client privileges (if they were 

documents created specifically for the purpose of witness preparation). 

8. Objection, work product privilege. While the FAA can, has, and will identify documents 

to be used at hearing, the FAA is not obligated to disclose to Respondent the particulars of its 

planned cross-examinations. Not waiving and notwithstanding that objection, the FAA notes that 

this question is almost impossible to provide a meaningful answer for under any circmnstances, 

in that the FAA has not yet heard the testimony that it will be conducting a cross-examination orr 

(indeed, Respondent has not as yet even summarized the substance of the anticipated testimony 

of any of its witnesses). The FAA has not at this time identified any such documents, although it 

reserves the right to cross-examine or impeach Respondent's witnesses with any document, as 

appropriate based on that witness's testimony. 

9. Objection, privileged. The requested documents are protected trial preparation materials. 

Not waiving and notwithstanding this objection, the FAA has not identified any expert witnesses 

at this time. In the event that the FAA identifies an expert witness, the FAA will comply with its 

obligations under Rule 26 and the Judge's Orders. 

10. The FAA has not identified any expert witnesses at this time. In the event that the FAA 

identifies an expert witness, the FAA will comply with its obligations under Rule 26 and the 

Judge's Orders. 

II. Objection, privilege. With specific exceptions identified in Rule 26, communications 

between the undersigned and any expert witnesses al'e protected trial preparation materials. Not 

waiving and notwithstanding that objection, the FAA has not identified any expert witnesses at 

this time. In the event that the FAA identifies an expert witness, the FAA will comply with its 

obligations under Rule 26 and the Judge's Orders. 

12. The FAA has not identified any expert witnesses at this time. In the event that the FAA 

identifies an expert witness, the FAA will comply with its obligations under Rule 26 and the 

Judge's Orders. 

13. The FAA may ask the Court to take judicial notice of FAA Order 2150.3B. This 

docw11ent is publicly available, and while its identification by the FAA is appropriate, the FAA 

objects to any request to produce a copy of it as unduly burdensome, as the document can be 

freely downloaded. 

14. In addition to the docwnents in the EIR and the documents produced by Respondent in 

discovery, see attached. 

15. Copies of all such documents (e.g., the releasable portions of the EIR) have previously 

been produced to the Respondent. 

16. The FAA has not identified any such documents at this time. However, the FAA notes 

that Respondent has to this point disclosed almost nothing irr the way of a defense in tltis case. In 
the event that Respondent asserts a further legal or factual basis for its denials of the allegations 

in the Complaint, regulatory interpretations may become relevant. 

17. Objection, overbroad. T11is discovery request is not limited as to the time, nature, or 

potential relevance of the documents requested. Not waiving and notwithstanding this objection, 

all relevant documents within the scope of this question are contained in the EIR, which was 

previously produced. Additionally, the FAA notes that this request appears to seek docmnents 

that would primarily be in the possession of persons other than the FAA (or its employees), and 

that the FAA makes no representations as to what docmnents third pmties may possess. 

18. In addition to documents previously produced, see attached. Additionally, the FAA notes 

that this request appears to seek documents that would p1imarily be in the possession of persons 

other than the FAA (or its employees), a11d that the FAA makes no representations as to what 

documents third pmies may possess. 

19. All such documents in the possession of the FAA have previously been produced. 

Additionally, the FAA notes that this request appears to seek documents that would primarily be 

in the possession of persons other than the FAA (or its employees), and that the FAA makes no 

representations as to what documents thiTd pmies may possess. 

20. Any such documents have been previously produced. Additionally, the FAA notes that 

this request appears to seek documents that would primarily be in the possession of persons other 

tha11 the FAA (or its employees), a11d that the FAA makes no representations as to what 

docmnents third pmiies may possess. 

2]. The FAA notes that this request for production appem·s to be missing a word (or words) 

between "existing" and "between." The FAA presumes that this question is asking about an 

existing relationship between Dr. Ala11 Long a11d Aviation Services Group. As to a possible 

relationship between these third parties that existed at the time of the violation, the FAA is not 

aware of a11y such docmnents, except what is contained in the EIR, which includes 

documentation on a potential customer relationship. Additionally, the FAA notes that this request 

appears to seek documents that would primarily be in the possession of persons other than the 

FAA (or its employees), m1d that the FAA makes no representations as to what docmnents third 

pmiies may possess. 

22. In addition to the documents previously produced, see attached. Additionally, the FAA 

notes that this request appears to seek documents that would p1imarily be in the possession of 

persons other than the FAA (or its employees), and that the FAA makes no representations as to 

what documents third parties may possess. 

23. All such documents in the possession of the FAA have been previously produced. 

Additionally, the FAA notes that this request appears to seek documents that would primarily be 

in the possession of persons other than the FAA (or its employees), and that the FAA makes no 

representations as to what docl!1nents third parties may possess. 
24. Objection, privileged. The report prepared by the reporting inspector in this case contains 

deliberative process privileged material, such as the inspector's opinions and recommendations 

about various aspects of the case. Not waiving and notwithstanding that objection, the nonprivileged portions of the EIR have previously been produced. 

25. Objection, privileged. The docwnents generated by the named individuals concerning this 

case include deliberative process privileged materials, such as the above-referenced opinions in 

the EIR, as well as internal discussions between FAA personnel about the investigation. The 

docwnents also include attorney-client privileged materials. Not waiving and notwithstanding 

those objections, all non-privileged documents have previously been produced. 

26. No subpoenas have been issued in this case. 

27. See attached. All other such documents have previously been produced. Additionally, the 

FAA notes that this request appears to seek documents that would primarily be in the possession 

of persons other than the FAA (or its employees), and that the FAA makes no representations as 

to what documents third parties may possess. 

Interrogatories 

1. Christopher R. Stevenson, Esq. 

2. Please see the FAA's initial disclosure, which contains a list of individuals who may have 

knowledge of the situation and a summary of that infmmation, as well as the various statements 

contained in the releasable portions of the EIR, which extensively recount the FAA's information 

regarding who knows what about this case. 

3. Yes, an investigation was conducted into this matter. The primary portion ofthe 

investigation, which was led by AS! Rushton and its results are described in detail in the many 

statements in the EIR, the releasable portions of which have previously been provided. These 

statements include the date and location of investigative interviews, including the persons 

present at those interviews. ln a technical sense, the investigation additionally included review 

by the reporting inspector's supervisor (Pat Bruce), the office manager (Linda Silvertooth), a 

regional specialist (Daniel Klingler), and an attorney (Deitrick Johnson). 

4. The records of interview contained in the EIR, which have previously been produced, 

described the oral statements made to FAA investigators by Respondent (through its owners and 

agents) concerning this matter. Written statements made to the FAA are contained in the EIR. 

The records of interview and the statement of the case in the EIR describe the circumstances of 

each statement, such as when it was made and to whom it was made. If not specified in the EIR, 

written statements were provided to AS! Rushton. The FAA notes that, to the extent witnesses 

have made statements to persons other than FAA investigators concerning this matter, the FAA 

would be unlikely to be aware of such a statement (except when the contents of that statement 

were relayed to an FAA investigator, in which case they are referenced in the above-described 

material in the EIR), and the FAA makes no representations as to the full contents of all 

conversations between third pmiies about this matter. 
5. Objection, vague. It is w1clear what the Respondent means to "rely on" an individual. 

Notwithstanding and not waiving that objection, the following individuals provided information 

that was considered during the investigation: Yancey Rushton, Dave Haggerty, Dr. Alan Long, 

Steven Pickett, Sandy Pickett, Justin Lollar, and Shawn Flowers. 

6. Please see the FAA's initial disclosure, which contains a list of individuals who may have 

knowledge of the situation and a summary ofthat information, as well as the various statements 

contained in the releasable portions of the EIR, which extensively recotmt the FAA's information 

regarding who knows what about this case. 

7. The FAA anticipates calling the pilots of the subject flight, the three FAA Aviation 

Safety Inspectors who were involved in the investigation, and Dr. Alan Long. Each of these 

individuals is expected to testifY consistently with tl1e descriptions provided in the FAA's initial 

disclosures and their statements and records of conversation in the EIR. Most notably, Dr. Alan 

Long may testify about scheduling flights witl1 Respondent, including the subject flight of this 

case. Dr. Long may testify that the instant flight was scheduled as a purely business/charter 

night, and that there was no discussion of a "demonstration" flight until after the flight was over. 

Justin Lollar and Shawn Flowers may testify to corroborate tl1is testimony, and additionally 

testify iliat Respondent directed their actions with regards to iliis flight, including after-the-fact 

efforts to characterize the flight as a "demonstration" flight. All three may testify with regards to 

payment arrangements, boili before and after the flight, including Dr. Long's payment of hourly 

aircraft charges and flat pilot services fees, and including Respondent's after-the-fact efforts to 

adjust payment arrangements to occlude the improper nature of the flight. The FAA inspectors 

are expected to testify to all of the information contained in their statements in the EIR, including 

their conversations wiili Respondent's pilots and owners. 

8. Objection, unduly burdensome. TI1e FAA has already provided the documents covered by 

this interrogatory (the items of proof from the EIR). The Respondent can read the doctm1ents for 

itself, and the FAA is under no obligation to describe them. 

9. Objection, unduly burdensome. The FAA has already provided the documents covered by 

this inte!Togatory (the items of proof from the EIR). The Respondent can read the documents for 

itself, and the FAA is under no obligation to describe them. Not waiving and notwithstanding 

that objection, the FAA has not yet identified particular witnesses to lay the foundation for 

particular exhibits. 

I 0. Objection, unduly burdensome. The FAA will identify documents covered by this 

intenogatory, but the Respondent can read the documents for itself, and the FAA is tmder no 

obligation to describe them. Not waiving and notwithstanding that objection, FAA Order 

2150JB. However, the FAA also notes that at this stage of the proceedings it has not necessarily 

identified a particular meiliod for how particular pieces of evidence will be admitted at hearing. 

II. The FAA has not identifred any such interpretations or case precedent at this point. 

However, the FAA notes that Respondent has to this point disclosed almost nothing in the way 
of a defense in this case. In the event that Respondent asserts a fmiher legal or factual basis for 

its denials of the allegations in the Complaint, regulatory interpretations may become relevant. 

-J ~ Submitted this 1.}_ day of September, 2015. 

CHRISTOPHER 

~~r- R. STEVENSON 

Attorney 

Office of the Chief Counsel- Enforcement Division, Southem Team 

CERTIFICATE OF SERVICE 

I hereby certify that the foregoing FAA's Discovery Responses was sent via certified mail to: 

Paul R. Borth, Esq. 

Barnett & Bmih, LLC 

800 Waukegan Road, Suite 200 

Glenview, lL 60025 

facsimile: (815) 356-7042 

~VEL~t 

1SEP l 5 

Dated 
September 19, 2012 

Dr. Alan Long 

Alpha Delta Holdings LLC 

2316 Chester Rd. 

Birmingham, AL 35223 

Reference: Citation Jet 

N525LP 

September 18,2012 

1.5 flight hours @ $1,300.00 per flight hr. 

Invoice 

Number 0919 

Total Due: $1,950.00 

Birmingham, 

Please remit payment to Team Financial, 9709 Parkway East, SuiteD, 

AL 35215 

Payable upon receipt 

Thank you for your business' 

IIWOJC8 

EXHIBIT 

G 
Shawn Flov1ers 

) 1 'II '>hady lrest f\d 

AdamsvJ!te, AI. J'JUU'J 

205 492-9652. 

TO 

'Shawn Flowers 

QUANTITY 

1.00 

Alpha Delta Holding~ 

2316 Ch';ester Rd 

Birmingham, A(. 35123 

[P!1oneJ 

Pilot 

\Destin 

'Pilot Day Rate 

Trfp 

DESCRIPTION 

Bl\'DICE 1'-/U. 918 

DATE S:"ple-mtwr 20, 2012 

CUSTO.VD< 10 100 

PAYMENT TERMS DUE DATE 

i Due upon re-ceipt Due upon receipl 

UNIT PRICE 

450.00 I 5 

LINE TOTAL 

450.00 ; 

:Thanks, I enjoyed Demonstrating the Jet for you ! 1.! 

·l50.IJO 

SALES TAX 

TOTAL -450.00 

rHANK YOU FOR YOUR 8USINESS 1 
Subject: Re: Tnps 

From: bfc!lc@windstrearn .net (bfcllc@ windstrea111.net) 

To: a!an.long@yahoo.corn: 

Date: Tuesday. September 4. 2012 10 35 PM 

Ali!JL 

The CJ IS a 1.9 hr tlight each way & it would cost about S7 ,840.00 rounu trip r·or the jet and fuel. Then 

$900.00 for the crew for the clay. 

Steven 

--·-Alan Long< >wrote: 

> Thx how about the price on the cj'.' 

> 

> 

> 

>On ;\ug 31.2012. at 12:48 PM,< · 

> 

>>Alan. 

>> 

>>I got them all on the books. That CJ we can only takeS. That's why when we get you one I would get the 

'lth seat. The o50 would be pelfect for that run 11igger and faster and you can take 8 if you want. It would be a 

r .5 hr flight ir1 the 650 each way.$! 0.500.00 for the airplane and fuel round trip. Plus the crew is $1.000.00 

for the day. 

>> 

>>Steven 

> > ---- Alan Long< 

>>>Steven. 

>> 

> '>vrotc.: 

>>Here are the trips we spoke abuut last night. 

>> 

>>Monday. 

>> 

Sept 10- Destin- Gar-em- depart GHJ\.1 apprux O~JO and depart DTS approv 1500 

> > l'riday. Nov 2 ·· Sal~lnnah.GA · B<Jn>ll- depart BHtvl approx 1200 ami dep<m Salann<tlr S<it .. Nov l. 

appro v l I)()() EST 

>> 

> > Saturd<~v. lvLrr 2 .. lvlicr1r1i. ~L- C.l · dep<lrl Bll!'vl <IJlJm>\ !1110 and dtpart Miami appro\ 2.13r! teST 

>> 

> > .l11s1 ""'*'d 1n cnnflrmlltat the ('J ~Viii rick 5 passengers <ltH.IitUI 6. If we minted II\ wke <>tre ot I''" IIW•re 

IIOU!d ther-e· [,e Stlllletlting tu ctcurnllrd<ite like· a /liS II OIIVl'tdd tile 1>50 be ali that would pnS'iblv l1e 

<IV<IiJatJJt:. 

>> 

~> > r·J I<! ll L , __ 

''.1,_/c I <II 
>> 

>>Alan 

,f 
:\!:. l - 1) _-;_ -i! 1'1 

Subject: Pilot Fees for 9-18-2012 

From: Justin Lollar ijustin.lo!lar@att.net) 

To: alan. long@ yahoo. com: 

Date: Sunday. September 23. 2012 2:20PM 

Dear Dr. Long 

Good alternoon sir and I hope all has been well. Due to the change in plnns Ll11 Tuesday's tlighL the billing 

vvill be different than usual for the tlighL The pilot ree /'or myself on the day is $400. It can be mailed to my 

horne address at 

6 7R6 Deerfoot Drive 

Pinson AL 3 5126 

since the Birmingham tlight center was not an ottlcialmanager of the aircraJl used for the demo tlight 

~:verything will be done separutely from the tlight center. 

[ 11ant to thank you l(Jr very much t(Jr allowing me to fly you and f look fonvard to our next meeting. I !aye a 

blessed day and I will talk to you soon. 

Justin M. Lollar 

Commercial Pilot Services 

CFI 
Subject: Pleilse contact Sleven Prckett 

From: bfcllc @windstream. net (bfcl!c 1!'1 wind slrearn.net) 

To: alan.long@yahoo.corn: 

Date: Friday. October 12. 2012 9:27PM 

Or. Long. 

If yuu have time this wee~end. I would appreciate the opportunity to speak with you on the phune or meet 

with you in person. Jam on a trip on Saturday. but I will be available by phone. Sunday. I am available in the 

afternoon. Please. let rne know what your preference is. I think it is important for us to talk. 

Thank you for your time. 

Steven Pickett 
U.S. DEPARTMENT OF TR>\NSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

CIVIL PENALTY SUBPOENA 

In the Matter of: Docket No.: 

Birmincllam Fllgllt Center. Inc. FDMS No.: FAA-2014-0867 

Issued on: 9/23/2015 

To: J.Alan Lon£!, :-.10. 3j!l OldMontgomety Highway. Homewood. AL J5209 

Under 14 C.F.R. § \3.228(a), YOU ARE REQUIRED: 

D To appear and testify before an Administrative Law Judge of the Department ofTranspo1tation 

at: 

in the city of ------------ on the 

at ______ am 

D To appear and testify at a deposition to be conducted by: 

at: 

in the city of ------------ on the 

at ______ am 

______ day of ________ 20 

______ day of _______ 20 

L::J 

fXl To bring \Vith you andorQduc~ the following documents, records, papers, books, tmd tangible items: tlee attacl:lea naer. 

If you have any questions about this subpoena, contact 

at this address and telephone number: -----------------------------

Hearing Docket Clerk 

Authority: I 4 l'.F.R. § I 3 22~: 49 li.SC'. ** 5 I 21 and 1.47(j )( t ). or 49 U.S.C § § 46104 and I tl6(g)( t) 

ANY PERSON WHO DOES NOT OBEY THIS SUBPOENA IS SUB.JECT TO 

FINE OR IMPRJSONMENT OR BOTH UNDER49 U.S.C § 46313, 

EXHIBIT 

H 
RETURN OF SERVICE 

I CERTIFY that a dLtplicate I an<@iG~.Y(circle one) of this subpoena was served on the 

person named in the subpoena 

by: v 

at: ?»{ ;;1, old Monfeornecy 

on the f?!,/ V: day of 6clo6y-
U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS, WASHINGTON, DC 

IN RE: Birmingham Flight Center, Inc. ) 

) 

) 

Docket No. FAA-20! 4-0867 

Judge J.E. Sullivan 

Respondent. FAA Case No, 2012S0090053 

SUBPOENA lUDER 

(J. Alan Long, MD) 

Please produce the follov.~ng documents: 

I) All memoranda, e-mail transmissions, conespondence and documents 

received from Aviation Services Group and its agents and employees (including but not 

limited to Bob Kent and Rhonda Masters) by J. Alan Long, M.D. for the period of 

January 2011 to and including December 31,2012. 

2) All memoranda, e-mail transmissions, conespondence and documents sent 

to Aviation Services Group and its agents and employees (including but not limited to 

Bob Kent and Rhonda Masters) by J. Alan Long, M.D. for the period ofJanuary 2011 to 

and including December 31, 2012. 

3) All memoranda, e-mail transmissions, conespondence and documents 

received from Birmingham Flight Center and its agents and employees by J. Alan Long, 

M.D. for the period of.Tanuary 2011 to and including December 31,2012. 

4) All memoranda, e-mail transinissions, conespondence and documents sent 

to Birmingham Flight Center and its agents and employees by J. Alan Long, M.D. for the 

period of January 2011 to and including December 31, 2012. 

5) All memoranda, e-mail transmissions, conespondence and documents 

received from Premier Group (including but not limited to its employees and its 

President, J. Steven Allen, Jr.) by J. Alan Long, M.D. for the period of January 2011 to 

and including December 31,2012. 

6) All memoranda, e-mail transmissions, correspondence and docnments sent 

to Premier Group (including but not limited to its employees and its President, J. Steven 

Allen, Jr.) by J. Alan Long, M.D. for the period of January 2011 to and including 

December 31,2012. 

7) All memoranda, e-mail transmissions, conespondence and documents 

received by]_ Alan Long MD from FAA Employees, Yancey Rushton, Pat Bruce, Clay 

Perkins and David Hargett, for the period of January 20 II to the present. 

I I ~' ,, , '~' 
8) All memoranda, e-mail transmissions, correspondence and documents sent 

to FAA Employees, Yancey Rushton, Pat Bmce, Clay Perkins and David Hargett, by J. 

Alan Long MD for the period of January 2011 to the present. 

9) AU memoranda, e-mail transmissions, correspondence and documents 

received from FAA. Attorneys, Deitrick Johnson and/or Christopher Stevenson, by J. 

Alan Long MD for the period of January 2011 to the present. 

I 0) All memoranda, e-mail transmissions, correspondence and documents sent 

to FAA Attorneys, Deitrick Johnson and/or Christopher Stevenson, by J. Alan Long MD 

for the period of January 2011 to the present. 

END OF RIDER. 
BRADLEY ARANT 

BOULT CUtvltvi!NGS 

'" 

November 3, 2015 

VIA FEDERAL EXPRESS/2ND DAY DELJVERY 

Charles R. Bamett, lll, Esq. 

Bamett & Bm1h; LLC 

800\Vaukcgan Road, Suite 200 

Glenview, IL 60025 

RE: In Re: Birmingham Flight Center, Inc. 

Docket No. FAA-201 4-0867 

FAA Case No. 2012S0090053 

Dear Mr. Bamett: 

Hich:lnl H, i\Ionl< Ill 

Direct: (205) 521 -85 I 6 

Fa.\: (205) ~8~-BSIC) 

rmunk@h<~bt:.cnm 

Our firm represents Dr. Alan Long in connection with the subpoena that you issued in this 

proceeding. Enclosed is a CD containing documents produced in response to the subpoena. The 

documents are numbered LONGOOOOO!-LONG000526. The following documents have been 

produced in response to the following requests: 

Request Nos. 1 and 2: LONGOOOOO!-LONG0003!7; 

Request Nos. 3 and 4: LONG0003!8-LONG000437 

Request Nos. 5 and 6: LONG000438-LONG000439 

Request Nos. 7 and 8: LONG000440-LONG000483; and 

Request Nos. 9 and I 0: LONG000484-LONG000526. 

Also, please note !hat the following documents have been redacted to remove bank account 

numbers, credit card numbers and a driver's license number: LONG000160-LONG000162, 

LONG000368 and LONGOOOJ81. 

Please let me know if you have any questions. 

Enclosure 

Very truly yours, 

1 .~ ,/ ', ,' i..----- ~-,: 

Richard H. Monk lii 

cc; Chris Stevenson, Esq. (via Federal Express-2"d day delivery, with enclosure) 

EXHIBIT 

One l~cdnal l'lacc 1819 Fifth Avenue Nurlh L~. -------w#""'205.51J.3UOO ,.,.,,lo~,.S:!J.in;au BABL.COil.-1 
Dr. Alan Long Subpoena Compliance 

Responses to Rider Requests #7 and #8 

EXHIBIT 

J 
Alan Long, M.D. 

From: 

Sent: 

To: 

Subject: 

Yancey, 

Thank you for coming by today. 

Alan Long, M.D. 

Friday, September 21, 2012 1:41PM 

'yancey.rushton@faa.gov' 

Aircraft maintenance 

Could you recommend some people at KBHM that you think would be good alternatives to hangar/manage my Baron? 

Are there other alternatives for flight training? 

Thanks, 

Alan 

J. Alan Long, MD 

CEO 

Skin Diagnostics Group, PC 

3125 Independence Drive, Suite 301 

Homewood, AL 35209 

205-879-2260 phone 

0 05-879-2261 fax 

.Jiong@skindxgroup.com 

www.skindxgroup.com 

s Ox ~ K I N 0 I A G N 0 ~ I I L ) U R 0 lJ I' I' L 

1 LONG000440 
Print 

Subject: [No Subject] 

From: Alan Long (alan.long@yahoo.com) 

To: yancey.rushton@faa.gov; 

Bee: aian.long@yahoo.com; 

Date: Monday, October 1, 20121:23 PM 

Please find attached. Thanks. 

Alan 

Attachments 

• FAA report.pdf(440.16KB) 

https ://us-mg5 .mail. yahoo .com/neo/launch? .rand=6rfd4mg9ggkh9 

Page 1 of 1 

LONG000441 

11/2/2015 
I started taking flight lessons regularly with the Birmingham Flight Center in May, 

2012. Shortly thereafter, I started looking at planes to purchase as our travel 

requirements at work were increasing. I asked Steven Pickett to tell me about single 

and twin-engine propeller planes as well as King Air's and Cessna jets including 

Citation SOl's, 52S's, SSO's and 560's. We spent an hour or so in early July looking 

at different planes in a few different hangars that Included several planes in these 

categmies, a couple of which were for sale. 

Mr. Pickett sent me operating cost projections for a Beech craft Baron, a King Air 

200, a Cessna Bravo, and <1 Cjl. I initially bought a B-aron that the flight Center had 

under management. I was introduced me to Bear Lambert of Premier Group who 

said he would look for a Bravo for me in order to provide for the longer trips we 

were planning to take. Mr. Lambert followed up on july 12 with an email about 

lool<ing for a plane. On a follow up visit to Premier· Group a week m· so later, I brieny 

met Steven Allen, Jr. and Steven Allen, Sr. Mr Pickett told them at thut point that w~ 

wanted to look at a C] because I did not thin!\ the extra carTying cap<rcity of tl1e 

13r<tvo was worth the extra per hour operating cost. Those were the only times J 

have seen or spoken with the Aliens. 

As! spoke with Mr. Pickett about future trips tlwt were some distance away (Miami, 

Virgini-a), he suggested we may demo a CJ for one ofthos~ trips. 

When we were plcrnning a fllght to Destin on September 18, our pilot, justin Lollar. 

told us the weather would he too bad for the Baron. I told him we had to be the.re 

that moming for an inspection and I asked hirn if there were any other options. I 

round Aviation Services Group on the intenwt who said they had a King Air 350 so I 

called asked about their availability. They quoted me <r price and justin called back 

and s<1id we could t<lke a CJ. 

1 let Aviation Services Group (ASG) know I had found a Cj that would be less (based 

on the quoted per hour operating cost for a CJ versus a King Air that I had previously 

1·eceived) and that I would like to use ASG in the future when I has more people 

travel!rng. I received a few more emails from ASG as!(ing for specific information 

regarding the ph:me I was taking !nste<1d oJ'lheirs. When lrelumed horne from the 

trip Tuesdny afternoon, I received an email from Bob Kent. President of i\SG who 

was concerned that the !light I had taken was not permissible by FAA guidelines. I 

c-alled Steven Pickett that night ami asked him what was going on. He said not to 

worry about it that he would call Steven Allen, Jr. and take care of it. Later that night 

l received an email from Steven Allen, Jr. thanking me for the demo night. It wcrs at 

that point that I assumed this was the demo night that we had been talking abollt. 

Alan Long 

Octo her 1, 2012 

LONG000442 
Print 

Subject: Re: 

From: 

To: 

Date: 

Yancey.Rushton@faa.gov (Yancey.Rushton@faa.gov) 

alan.long@yahoo.com; 

Monday, October1, 20121:49 PM 

Got it Doc. Thanks. I will be in touch. Have a good day off. 

Yancey Rushton 

https :/ /us-mg5 .mail. yahoo .com/neo/launch? .rand=6rfd4 mg9ggkh9 

Page 1 of 1 

LONG000443 

11/2/2015 
Print 

Subject: Re: 

From: 

To: 

Date: 

Dr. Long: 

Yancey.Rushton@faa.gov (Yancey.Rushton@faa.gov) 

alan.long@yahoo.com; 

Wednesday, October 3, 2012 7:49AM 

Thanks for your time last night. 

Page 1 of 1 

I was wondering if you knew who your insurance carrier was for the airplane and if you have a copy of the pilot 

forms submitted. Additionally, if you could draft a short paragraph explaining what you told me last night about 

how Mr. Pickett was going to cover the fiight by submitting a low offer which would be rejected to hide the 

nature of the flight, I would greatly appreciate it. 

We all make mistakes and I understand that but this is not a one time mistake. This is a systemic issue and it 

needs to be corrected 

Thanks 

Have a good day 

Yancey Rushton 

https ://us-mg5. mail. yahoo.com/neo/launch? .rand=6rfd4mg9ggkh9 

LONG000444 

11/2/2015 
Print 

Subject: Re: 

From: 

To: 

Date: 

Dr. Long: 

Yancey.Rushton@faa.gov ffancey.Rushton@faa.gov) 

alan.long@yahoo.com; 

Wednesday, October 3, 2012 8:21 AM 

Page I of I 

Additionally, do you have a bill from anyone yet for the flight to Destin? Or a copy of the fake "offe(' that was to 

be made to cover the flight Even if you signed something, I give you my word that you will be left out of this. 

You are new to aviation and are relying on these more experienced aviators to help and guide you. I need 

your help to stop this and I need you to look at your wife and 8 kids and think about what could have happened 

to you, your practice, and your family. 

Thanks Doc. I know you don't want to be involved and I will keep you out of this but I need your help. 

Yancey 

https:! !us-mg5 .mai !.yahoo. corn!neo/launch? .rand=6rfd4 mg9 ggkh9 

LONG000445 

11!2!2015 
Print Page 1 of 1 

Subject: Fwd: Pilot Fees for 9-18-2012 

From: Alan Long (alan.long@yahoo.com) 

To: yancey.rushton@faa.gov; 

Date: Wednesday, October 3, 2012 1:18PM 

Begin forwarded message: 

From: Justin Lollar <justin.lollar@att.net> 

Date: September 23,2012,2:20:53 PM CDT 

To: Alan Long <alan.long@yahoo.com> 

Subject: Pilot Fees for 9-18-2012 

Dear Dr. Long 

Good afternoon sir and I hope all has been well. Due to the change in plans on 

Tuesday's flight, the billing will be different than usual for the flight. The pilot fee for 

myself on the day is $400. It can be mailed to my home address at 

6786 Deerfoot Drive 

Pinson AL, 35126 

since the Birmingham flight center was not an official manager of the aircraft used for the 

demo flight evetything will be done separately from the flight center. 

I want to thank you for vety much for allowing me to fly you and I look forward to our 

next meeting. Have a blessed day and I will talk to you soon. 

Justin M. Lollar 

Commercial Pilot Services 

CFI 

https://us-mg5.mail.yahoo.com/neo/launch?.rand~6rfd4mg9ggkh9 

LONG000446 

11/2/2015 
Alan long, M.D. 

.-'rom: 

Sent: 

To: 

Subject: 

Attachments: 

Alan Long, M.D . 

Wednesday, October 03, 2012 3:26 PM 

'yancey.rushton@faa.gov' 

FW: Demo Flight to Destin 

Shawn Flowers Invoice 2 Dr. Long.xlsx; FAA letter.2.docx.pdf 

See both attachments- flowers invoice and my additional statement. Thanks. 

Alan 

J. Alan Long, MD 

CEO 

Skin Diagnostics Group, PC 

3125 Independence Drive, Suite 301 

Homewood, AL 35209 

205-879-2260 phone 

205-879-2261 fax 

along@skindxgroup.com 

www.skindxgroup.com 

S Kl NIJx ~KIN lJIAL;NOS lit\ (jl{l)lJ(i 11 <... 

From: Shawn Flowers [mailto:ss.flowers@yahoo.com] 

Sent: Wednesday, September 19, 2012 4:59 PM 

To: Alan Long, M.D. 

Subject: Demo Flight to Destin 

Dr. Long 

I enjoyed demonstrating the capabilities of the Citation Jet to you yesterday. I have attached a copy of my 

invoice for the Pilot services if you have any further questions please don't hesitate to ask. 

Thanks 

Shawn Flowers 

205-492-9652 cell 

1 LONG000447 
INVOICE 

Shawn Flowers 

5191 Shady Crest Rd INVOICE NO. 918 

Adamsville, Al. 35005 

205-492-9652 

DATE November 2, 2015 

ss.flowers@yahoo.com 

TO 

Shawn Flowers 

Alpha Delta Holdings 

2316 Chester Rd. 

Birmingham, Al. 35223 

[Phone] 

Pilot 

Destin 

CUSTOMER 10 100 

Trip PAYMENT TERMS DUE DATE 

Due upon receipt Due upon receipt 

QUANTITY DESCRIPTION UNIT PRICE LINE TOTAL 

1.00 

-· 

Pilot Day Rate 

Thanks, 1 enjoyed Demonstrating the Jet for you !!! 

Make all checks payable to Address above 

THANK YOU FOR YOUR BUSINESS! 

$ 450.00 s 450.00 

SUBTOTAL $ 450.00 

SALES TAX 

TOTAL s 450.00 

LONG000448 
October 3, 2012 

On September 18, it was my understanding that the flight to Destin on the CJ would be billed entirely through 

Birmingham Flight center. After the flight was commented on by Bob Kent and Steven Pickett told me it would be 

considered a demo flight, I received cmai1edinvoices from both pilots, Shawn Flowers and Justin Lollar. I also 

received a paper invoice through the mail for $1950 from Team Financial for the use of the CJ. After the FAA 

inspector had met with Justin and Steven on Sept 24, I received a text from Justin stating, "Yesterday I sent an ernai:I 

to you for the flight on Tuesday. Please disregard that email." I responded, "I have the check ready but can destroy. 

BFC will bill?" LolJar responded, "No sir. FAA meeting was very interested to here (sic) wether (sic) or not there 

was a bill from us for me. (no)" 

k-- t,_,_")/ 

Alan Long 

LONG000449 
Alan Long, M.D. 

From: 

Sent: 

To: 

Subject: 

Yancey.Rushton@faa.gov 

Wednesday, October 03, 2012 3:33 PM 

Alan Long, M.D. 

Re: FW: Demo Flight to Destin 

Thanks Doc. You are doing the right thing. It takes a strong man to do what's right sometimes and I appreciate it and so 

do the others who might be helped/saved/etc in the future. We all make mistakes, but purposeful deception that puts 

others lives and assets at risk will not be tolerated. That is what has occurred here. This was not an innocent case of a 

misunderstanding. BFC knew what they were doing and we are going to prevent this from happening again. Its not 

pleasant to see kids and innocent people burned/mutiliated/ and injured and especially unpleasant when you know it was 

all in the interest of chasing the mighty dollar. 

Thanks again. I will keep you in the loop as things progress Have a good day. 

Yancey 

1 LONG000450 
Alan Long, M.D. 

. ·rom: 

Sent: 

To: 

Alan Long, M.D . 

Wednesday, October 03, 2012 3:37 PM 

Yancey.Rushton@faa.gov 

Subject: Re: Demo Flight to Destin 

I read about the three crashes after I left your office. I have zero tolerance for what's happening at BFC. 1bx for 

all you're doing. 

Alan 

On Oct 3, 2012, at 3:34PM, "Yancev.Rushton@faa.gov" <Yancey.Rushton@faa.gov> wrote: 

Thanks Doc. You are doing the right thing. It takes a strong man to do what's right sometimes and I 

appreciate it and so do the others who might be helped/saved/etc in the future. We all make mistakes. 

but purposeful deception that puts others lives and assets at risk will not be tolerated. That is what has 

occurred here. This was not an innocent case of a misunderstanding. BFC knew what they were doing 

and we are going to prevent this from happening again. Its not pleasant to see kids and innocent people 

burned/mutiliated/ and injured and especially unpleasant when you know it was all in the interest of 

chasing the mighty dollar. 

Thanks again. I will keep you in the loop as things progress Have a good day. 

Yancey 

1 LONG000451 
Print 

Subject: Fwd: Dec Pages 

From: Alan Long (alan.long@yahoo.com) 

To: yancey.rushton@faa.gov; 

Date: Thursday, October 4, 2012 12:58 PM 

Justin is not even listed on the insurance. 

Begin fmwarded message: 

From: "Victoria Griffith" <victoria@myaccaviation.com> 

Date: October 4, 2012, 12:53:09 PM CDT 

To: <alan.long@.yahoo.com> 

Subject: Dec Pages 

So good to talk with you Alan! 

Page 1 of 1 

Attached are the first few Policy Pages and also the Pilot History form for your 

PIC. 

If they have any questions please pass along my number to them and have them 

call me. 

Talk to you soonVictoria Pate Griffith 

Ace Aviation 

P.O. Box 919 

Watkinsville Ga 30677 

0) 706.549.7005 

C) 678.491.4800 

F) 706.769.2830 

Attachments 

o ADH Dec Pages.PDF (1.14MB) 

o AeroSpace PilotFmm.pdf(51.63KB) 

https ://us-rng5 .maiLyahoo. com/neo/launch? .rand=6rfd4rng9ggkh9 

LONG000452 

1112/2015 
HALL INSURANCE COMPA-NY 

~- ¥t,,o_;~ .S<:'"*' Swft-e 10DO I Fort Worth, Te:J;as: ?:;~;;-:J -::!~>-:- ~*-5--£-~ S 

Coverage Identification Page 

J 

~. 

. :<_j~ 

·C.D9fSS 

POL}CY PERIOD 

Alpha Delta Holdings .. i..LC ar,d tt.s individual 

executive officers and !'!"...embe-rs 

2315 Chester Ro.;,:i 

Birmingham, A,L 3-522-:? 

L.OCATION OF AIRCRAFT: The;liri::r:~.'t~·.<' ::-' -~-~ _,- ~"'··,· s_; •i•ei,)j:;;;,r,g- Mp..;lrt: 

POLICY NO. 

PRIOR POUCY NO. 

COMPANY AGENTS NAME AND ADDRESS: 

Aerospace Insurance Managers, Inc. 

15280 Addison Road, Sulte 250 

Addison, Texas 75001 

BBB.B80.12B9 I 972.852.1200 

GA99-33464-00 

NEW 

8/14/2012 TO 12:01 A.M. STANDARD TIME 8/14/2013 

Hangared at 6lrmin.gham ·Shuttlesworth International Airport, Birmingham, AL 

5, DESCRIPTrON OF AIRCRAFT AND AIRCRAFT PHYSJCAL DAMAGE COVERAGE: You havE told us !hat each of the a-rcr<~:it belc'<'• (1! is a fixed -~;:ng land a;re:raf· 

:. \!-": "-~· FAL S:::~.r,-:lard Fi~,<.:c-r!h;rcess Ct;-ri:t-c;;~s -.r·';:-o:. ;· .• -:;ted_,_ n-.-e ;.;>=:;CJ:i.:..i=T DESCRIPTION be-lcw a;~d (2) IS su\ely and unc1Jndit10nally cr.·.·n=d by you unless noted 

-:i:"l,•·u·:!·.c -n iterr• 1 or Dndorscmer.\s ·:;e I'>'~'J-E 1:::: r-;:::. ~ S;;;.EE~ 'i-"L\.:E _.!. 1-.iOUtJTIS SHOWN NO AIRCR.J.,FT PHYSICAL DMAAGE C-OVERAGE IS PROVIDED 

;:::-_:._Reg;stra1ion AIRCRt.FT DESCRiPTION TOTA:...:O:OATS A.IH:CRf'..FT PHYSICAL OM,\ AGE CO\tERAGE 

tJ99Bf,·1 

4iRCR.1F i 'rR .',t!i\'0 g. !.'C-{;::0:_ _.:. '•iJ OTrfE"' IH-"N lA~lD FiXED WING 

v;ITH s-:--;.,,i::;•-I;:::Q /dF'','ORT--ii'E~S CE"!IiRCA.TE. !F i'.PPUC.\8'---E 

1997 Beechcraft SB Baron 6 

·\GRCED 

VALUE 

$425.000 

" ~-::t " '!:;:• ~-" 

::;;;;-c;:;c-;::;:_E 

S100 

FOR ADDITIONAL DEDUGT1BLES SEE ENDOAS!:f,~ENT NO.2 

G_ In \'~r-:n 

CEC'~C'lBLO: 

S1 ,ooo 

D. LIASJLITY AND MEDICAL PAYMENTS COVERAGE AND UMrTS OF COVERAGE: Subje::l ~o the knitat'OI"IS and cond;t'cns descr'b"'d '' ,·cur ~d c-,- \!---~ m:,sl v e ·:-ill 

vo::;-:::; €20', CCiie~age \'.e provide ;s sho'Nr'l belo'.'/ lot eac~ aircraft, WHERE NO Jl):10Ui'lT IS SrlO\Vt·J. I·JO COVERIIGE \3 Pl10\'IDEO B'-1 'ri)UR PCUC. '-

Limit or ColJerage 

~- SIHGLC LIMIT 80D!LY 1~-L;\..IR·,· N·D 

f>RCPf.RTY DM,!t>_GS 

t:<c~UDinG P .lSSEi·.'Gf.RS 

WL Slt·<GU': LI\IIT 50DIL> ii·~JU;,y M·i':• 

PRCPEHTY OA!}AGt' E 1·/EDIC:A'--- E:XPE.'-,.s;:: C;:>'/E'<.:>SE 

U\'I:C::D PAS;oE~jGE"i CO'.'EF'f..GO: 

5100,000 

$1,000,000 

$51000 

S30,000 

7, PAEMIUMS: Yr:>u• cos\ lo: each coverBge 'tie pro·; de s shc-,•m belov.• Y-iHERE r>JO fl.MOUNT IS SHO\-IJI~. NO COVERAGE IS PROVIDED 8Y YOUR POLIC ( 

8. iWDOASEMENTS & FORMS ATTACHED WHEN POLICY ISSUED: 

1, 2 

GA100 (01/10), GA100C H (01/10) 

GA150(01/10) 

COVEFt.GE 0_ r:O'JER"-.GE E 

5728 S70 

CO/~R4G£ G 

$2,346 53,519 

TOTAL POLICY PREMIUM 

TOTAL. rc~ 

AIRCH!_FT 

56,663.00 

56.663.00 

9, REQUIREMENTS FOR THE PILOT FLYING THE AIRCRAFT: The _f,jrcraft must be opera,ed in flig!ll only by a person ha,.ing the m:n•murr, qualifications shuv,n Celo.'; 

-:--r;~ plot rnus\ hll:\-'e a current a'ld ·1~1 d ( 1) medical certikate, (2) flight rcrv,r:w and (3) p1lot ce;rt.~cate ·,•/t!l r.eces.<;ar1 rat1ngs, each a" required by the FA.:. for eact> 

fl:gl"<t THERE \S 1-10 COVERAGE IF THE PILOT DOES ,"-)01 MEET THESfe_ REQUIRE·\·IHHS, 

AS ENDORSED 

i 0, THE USE OF THE AIRCRAFT: 

The a'rcr.Jf1 ,•/11 b<? us:od !or TJU ple-Jsure and business related purposes v1hero no cil<lfge IS mads for such uss and aJw may be used fer OIMer U~es descr bed belw.--

NO EXCEPTIONS 

11. ADDITlONAL INTERESTS: Pa•;1rent tQ~ f\lrCra.it Pi;•;sl~d.l D<~m~ge or lo~s vnder Co•Jerage F 01 G ·,•;nl be made (o \'c-u Jnd the !ollD"o'rlngl:enholder 

UENHO;.,DER INFOm.;tATION 

Aerospace lnsi,Jrance Man~Jger5, Inc. 

,C,visliryl rds.ns.gers 

8/24/2012 

'"'"'rm GA102H(Oi/10) 

Lienholder 

!nter-es1 Gov. 

Authoriz.ed Representative 

Loar. 

Balance 

~-~~~-~~---· ~;;;;"'15~·;;;007,;-,.===c:c------- FOi'l COMPANY USE ONLY 

LONG000453 
THIS ENDORSEMENT CHANGES YOUR POLICY. PLEASE READ IT CAREFULLY. 

Requirements for the Pilot Flying the Aircraft 

This endorsement applies only to the following aircraft: 

If no entry is made this endorsement appHes to all aircraft covered by your policy. 

This endorsement completes or changes Item 9. REQUIREMENTS FOR THE PILOT FlYING THE AIRCRAFT of your 

Coverage Identification Page to read as follows: 

The aircraft must be operated In flight only by a pilot named below having the minimum qualifications shown. The 

pilot must have a current and valid (t) medical certificate, (2) flight review and (3) pilot certificate with necessary ratings, 

each as required by the FAA for each flight. There is no coverage if the pilot does not meet the qualifications or 

requirements specrtied below for each designated use of the aircraft: 

MINIMUM REQUIREMENTS FOR PILOT, PILOT CERTIFICATE, RATINGS AND LOGGED FLYING HOURS: 

1. MITCH MCCOMMONS 

REQUIREMENTS: 

MITCH MCCOMMONS MUST SATISFACTORILY COMPLETE AN INSTRUMENT PROFICIENCY 

CHECKOUT IN THE SAME MAKE & MODEL AIRCRAFT WITH A PROPERLY CERTIFICATED AND RATED 

FLIGHT INSTRUCTOR 12 MONTHS OR LESS PRIOR TO ANY OPERATION OF THE AIRCRAFT IN 

FLIGHT. 

2. GREG FLOYD 

REQUIREMENTS: 

GREG FLOYD MUST SATISFACTORILY COMPLETE AN INSTRUMENT PROFICIENCY CHECKOUT IN 

THE SAME MAKE & MODEL AIRCRAFT WITH A PROPERLY CERTIFICATED AND RATED FLIGHT 

INSTRUCTOR 12 MONTHS OR LESS PRIOR TO ANY OPERATION OF THE AIRCRAFT IN FLIGHT. 

3. STEVE PICKETT 

REQUIREMENTS: 

STEVE PICKETT MUST SATISFACTORILY COMPLETE AN INSTRUMENT PROFICIENCY CHECKOUT IN 

THE SAME MAKE & MODEL AIRCRAFT WITH A PROPERLY CERTIFICATED AND RATED FLIGHT 

INSTRUCTOR 12 MONTHS OR LESS PRIOR TO ANY OPERATION OF THE AIRCRAFT IN FLIGHT. 

The following information is required only when the effective date of this endorsement is subsequent to the Policy effective date. 

This endorsement is Endorsement No. 

This endorsement is effective on 

Attached to and forming a p;n1 of Policy No. 

Issued to (First Named Insured): 

Additional Premium; 

Form GA 110 (0111 O) 

1 

8/14/2012 

GA99·33464·00 

Alpha Delta Holdings, LLC 

INCLUDED 

Page 1 of 2 

LONG000454 
-~-

3. ANY OTHER PERSON 

PROVIDED HE/SHE HOLDS A COMMERCIAL PILOT CERTIFICATE WITH AIRPLANE MULTI-ENGINE 

LAND I INSTRUMENT RATING(S) AND HAS A MINIMUM OF 2,500 TOTAL LOGGED HOURS, INCLUDING 

NOT LESS THAN 1,000 HOURS IN MULTI-ENGINE AIRCRAFT AND 50 HOURS IN THE SAME MAKE & 

MODEL AIRCRAFT. 

OTHER REQUIREMENTS: 

ANY OTHER PERSON MUST SATISFACTORILY COMPLETE A GROUND AND FLIGHT TRAINING 

PROGRAM SPECIFIC TO THE AIRCRAFT THAT IS OFFERED BY THE AIRCRAFT MANUFACTURER OR 

BY A BONA FIDE FLIGHT TRAINING FACILITY 12 MONTHS OR LESS PRIOR TO ANY OPERATION OF 

THE AIRCRAFT IN FLIGHT. 

The folfowing information is required only when the effective date of this endorsement is subsequent to the Polley effective date. 

This endorsement is Endorsement No. 

This endorsement is effective on 

Attached to and forming a part of Policy No. 

Issued to (First Named Insured): 

Additional Premium: 

Form GA 11 0 (01 11 0) 

1 

811412012 

GA99-33464-00 

Alpha Delta Holdings, LLC 

INCLUDED 

Page 2 of 2 

LONG000455 
AEROSPACE 

Applicant Insured 

Pilot Name (Printed): 

Street Address: 

City, State & Zip: 

Telephone: 

Birthdate: 

Soc. Sec. No. 

Occupation: 

Employer: 

Pilot Cert. Number: 

FAA MEDICAL CERTIFICATE 

Issue Date: -----------

Waivers or Umitations (if none, write "None"): 

I 

------ _____ __j 

__ .1 

__j 

Class: 

J 

Pilot History Form 

,-------- -

D 

D 

D 

D 

D 

D 

D 

D 

CURRENT FAA PILOT CERTIFICATES 

HELD AND YEAR OBTAINED 

Student --------- Private 

Commercial ------

ATP --------

CFI 

CFII 

MEl 

ATP 

FAA PILOT RATINGS NOW HELD 

AND YEAR OBTAINED 

ASEL 

AMEL 

Instrument 

FLIGHT REVIEW ~ust Date of Last Certificate/Rating if Exempt by Provisions of FAA 61.56{d) 

u 

D 

D 

D 

D 

D 

ASES 

Date of Last Flight Review., ______ _ AMES 

Date of Last lPG: 

__ _j Type Aircraft 

I Type Aircraft: 

_ __j 

----···.J Rotor-Helicopter 

FIXED WING FLIGHT EXPERIENCE ROTORCRAFT FLIGHT EXPERIENCE 

Total Logged Hours as Pilot Total Logged Hours in Helicopters 

Total Logged Hours in Multi-Engine 

Total Logged Hours in Turboprop 

Total logged Hours in Turbojet I 

I 

---- .J 

I 

Total Logged Hours in Piston Helicopters 

T olaf Logged Hours in Turbine Helicopters 

Total Logged Hours in Gyroplanes 

····--___j _.I ___ ____j 

I 

·--- _ _____j Total Logged Hours in Retractable Gear 

Total Logged Hours in Tail Wheel 

Total Logged Hours Last 90 Days 

Total Logged Hours Last 90 Days Make & Model 

Total Logged Hours in Make & Model 

Total Logged Hours in Make & Model 

________ j Total Logged Hours in Make & Model 

____ _____j Total Logged Hours in Make & Model 

INITIAL OR RECURRENT FLIGHT PROFICIENCY TRAINING 

Type Rated in the Following Aircraft: 

Please List Any Type Specific or Any Ground/Flight Training Programs Attended Within the Last 24 Months: 

Name of School/ Program 

Name of School/ Program 

FAA "WINGS' Safety Program Date: 

Date Attended 

Date Attended 

Level 

BACKGROUND INFORMATION (Please Explain Any "Yes" Answers on the Reverse Side) 

Have you ever been involved in an aircraft accident or incidant? 

Has any insurance company cancelled, declined or refused to renew any aviation insurance for you'; 

Do you have any convictions, suspensions or revocations relaling to a driver's license or airman's certificate for 

FAR violations, use or possession of controlled substances or driving while intoxicated! 

Type of Training 

D Initial 

0 Initial 

____ . .J ___ __j 

D Recurrent 

0 Recurrent 

Make & Model 

O Yes 

DYes 

DYes 

0 No 

0 No 

0 No 

I confirm that all the information given is true and complete to the best of my knowledge and that no maten'al information has been withheld. 

IMPORTANT: SEE REVERSE SIDE FOR WARNINGS 

Pilot Signature Date Signed 

AEROSPACE INSURANCE MANAGERS, INC. 

14990 Lendmark Boulevard Suite 300 I Dallas, Texas 75254 I Tel972.852.1200 888.880,1289 Fax 972.852.1212 1 aerospaceim.com 

221 East Glenoaks Boulevard, Suite 150 1 Glendale, California 912071 Tel. 818.547.1400 Fax 818.547.3800 J West Coast Office 

GA107 (01/10) 

LONG000456 
Important Warnings 

NOTJCE TO APPLICANTS: ANY PERSON WHO KNOWINGLY AND WITH INTENT TO DEFRAUD ANY INSURANCE COMPANY OR ANOTHER PERSON FILES AN 

APPLiCATION FOR INSURANCE OR STATEMENT OF CLAIM CONTAINING ANY MATERIALLY FALSE INFORMATION, OR CONCEALS FOR THE PURPOSE OF 

MISLEADING INFORMATION CONCERNING ANY FACT MATERIAL THERETO, COMMITS A FRAUDULENT INSURANCE ACT, WHICH IS A CRIME, AND SUBJECTS 

THE PERSON TO CRIMINAL AND {NY: SUBSTANTIAL} CIVIL PENALTIES. (Not applicable in CO, DC, Fl, HI, KS, MA, MN, NE, OH, OK, OR, VT orWA. In LA, ME, TN 

and VA insurance ber~efits may also be denied) 

NOTICE TO COLORADO APPLICANTS: IT IS UNLAWFUL TO KNOWINGLY PROVIDE FALSE, INCOMPLETE OR MISLEADING FACTS OR INFORMATION TOAN 

INSURANCE COMPANY FOR THE PURPOSE OF DEFRAUDING OR ATTEMPTING TO DEFRAUD THE COMPANY. PENALTIES MAY INCLUDE IMPRISONMENT, 

FINES, DENIAL OF INSURANCE AND CIVIL DAMAGES. ANY INSURANCE COMPANY OR AGENT OF AN INSURANCE COMPANY WHO KNOWINGLY PROVIDES 

FALSE, INCOMPLETE OR MISLEADING FACTS OR INFORMATION TO A POLICYHOLDER OR CLAIMANT FOR THE PURPOSE OF DEFRAUDING OR ATTEMPTING 

TO DEFRAUD THE POLICYHOLDER OR CLAIMANT WITH REGARD TO A SETILEMENT OR AWARD PAYABLE FROM INSURANCE PROCEEDS SHALL BE 

REPORTED TO THE COLORADO DIVISION OF INSURANCE WITHIN THE DEPARTMENT OF REGULATORY AUTHORITIES. 

NOTICE TO DISTRICT OF COLUMBIA APPLICANTS: WARNING: IT IS A CRIME TO PROVIDE FALSE OR MISLEADING INFORMATION TO AN INSURER FOR THE 

PURPOSE OF DEFRAUDING THE INSURER OR ANY OTHER PERSON. PENALTIES INCLUDE IMPRISONMENT AND/OR FINES. IN ADDITION, AN INSURER MAY 

DENY INSURANCE BENEFITS, IF FALSE INFORMATION MATERIALLY RELATED TO A CLAIM WAS PROVIDED BY THE APPLICANT. 

NOTICE TO FLORIDA APPLICANTS: ANY PERSON WHO KNOWINGLY AND WITH INTENT TO INJURE, DEFRAUD, OR DECEIVE ANY INSURER FILES A 

STATEMENT OF CLAIM OR AN APPLICATION CONTAINING ANY FALSE, INCOMPLETE OR MISLEADING INFORMATION IS GUILTY OF A FELONY IN THE THIRD 

DEGREE. 

NOTICE TO HAWAII APPLICANTS: FOR YOUR PROTECTION, HAWAII LAW REQUIRES YOU TO BE INFORMED THAT ANY PERSON WHO PRESENTS A 

FRAUDULENT ClAIM FOR PAYMENT OF A LOSS OR BENEFIT IS GUILTY OF A CRIME PUNISHABLE BY FINES OR IMPRISONMENT, OR BOTH. 

NOTICE TO KANSAS APPLICANTS: ANY PERSON WHO, KNOWINGLY AND WITH INTENT TO DEFRAUD, PRESENTS, CAUSES TO BE PRESENTED OR 

PREPARES WITH KNOWLEDGE OR BELIEF THAT IT WILL BE PRESENTED TO OR BY AN INSURER, PURPORTED INSURER, BROKER OR ANY AGENT 

THEREOF, ANY WRITIEN STATEMENT AS PART OF, OR IN SUPPORT OF, AN APPLICATION FOR THE ISSUANCE OF, OR THE RATING OF AN INSURANCE 

POLICY FOR PERSONAL OR COMMERCIAL INSURANCE, OR A CLAIM FOR PAYMENT OR OTHER BENEAT PURSUANT TO AN INSURANCE POLICY FOR 

COMMERCIAL OR PERSONAL INSURANCE WHICH SUCH PERSON KNOWS TO CONTAIN MATERIALLY FALSE INFORMATION CONCERNING ANY FACT 

MATERIAL THERETO; OR CONCEALS, FOR THE PURPOSE OF MISLEADING, INFORMATION CONCERNING ANY FACT MATERIAL THERETO COMMITS A 

FRAUDULENT INSURANCE ACT. 

NOTICE TO MASSACHUSETIS, NEBRASKA, OREGON AND VERMONT APPLICANTS~ ANY PERSON WHO KNOWINGLY AND WITH INTENT TO DEFRAUD ANY 

INSURANCE COMPANY OR ANOTHER PERSON FILES AN APPLICATION FOR INSURANCE OR STATEMENT OF CLAIM CONTAINING ANY MATERIALLY FALSE 

INFORMATION, OR CONCEALS FOR THE PURPOSE OF MISLEADING INFORMATION CONCERNING ANY FACT MATERIAL THERETO, MAY BE COMMITTING A 

FRAUDULENT INSURANCE ACT, WHICH MAY BE A CRIME AND MAY SUBJECT SUCH PERSON TO CRIMINAL AND CIVIL PENALTIES. 

NOTICE TO MINNESOTA APPLICANTS: A PERSON WHO SUBMITS AN APPLICATION OR FILES A CLAIMS WITH INTENT TO DEFRAUD OR HELPS COMMIT A 

FRAUD AGAINST AN INSURER IS GUlL TY OF A CRIME. 

NOTICE TO OHIO APPLICANTS: ANY PERSON WHO, WITH INTENT TO DEFRAUD OR KNOWING THAT HE IS FACILITATING A FRAUD AGAINST AN INSURER, 

SUBMITS AND APPLICATION OR FILES A CLAIM CONTAINING A FALSE OR DECEPTIVE STATEMENT IS GUILTY OF INSURANCE FRAUD. 

NOTICE TO OKLAHOMA APPLICANTS: WARNING: ANY PERSON WHO KNOWINGLY, AND WITH INTENT TO INJURE, DEFRAUD OR DECEIVE ANY INSURER, 

MAKES ANY ClAIM FOR THE PROCEEDS OF AN INSURANCE POUCY CONTAINING ANY FALSE, INCOMPLETE OR MISLEADING INFORMATION IS GUILTY OF A 

FELONY. 

NOTICE TO WASHINGTON APPLICANTS: IT IS A CRIME TO KNOWINGLY PROVIDE FALSE, INCOMPLETE OR MISLEADING INFORMATION TO AN INSURANCE 

COMPANY FOR THE PURPOSE OF DEFRAUDING THE COMPANY. PENAL TIES INCLUDE IMPRISONMENT, FINES AND DENIAL OF INSURANCE BENEFITS. 

GA107 (01/10) 

LONG000457 
Print Page 1 of 1 

Subject: Re: Fwd: Dec Pages 

From: Yancey.Rushton@faa.gov (Yancey.Rushton@faa.gov) 

To: alan.long@yahoo.com; 

Date: Thursday, October 4, 2012 3:36PM 

I guess that should tell you something about the Manager of your aircraft. Do you think you would have been 

covered had something happened?? 

Good luck. Please keep all of this to yourself to help us. Pickett does not need to know what we know. 

Thanks for your help. 

Yancey 

https :/ /us-mg5 .mail. yahoo. com/neo/launch? .rand=6rfd4mg9 ggkh9 

LONG000458 

11/2/2015 
Print 

Subject: Re: Fwd: Dec Pages 

From: Alan Long (alan.long@yahoo.com) 

To: Yancey.Rushton@faa.gov; 

Date: Thursday, October 4, 2012 3:53 PM 

he won'tthx 

From: "Yancey.Rushton@faa.gov" <Yancey.Rushton@faa.gov> 

To: Alan Long <alan.long@yahoo.com> 

Sent: Thursday, October 4, 2012 3:36PM 

Subject: Re: Fwd: Dec Pages 

Page 1 of 1 

I guess that should tell you something about the Manager of your aircraft. Do you think you would have been 

covered had something happened?? 

Good luck. Please keep all of this to yourself to help us. Pickett does not need to know what we know. 

Thanks for your help. 

Yancey 

https:/ /us-mg5 .mail. yahoo. com/neo!launch? .rand=6rfd4 mg9 ggkh9 

LONG000459 

1112/2015 
Print Page 1 of 1 

Subject: Invoice 

From: Yancey.Rushton@faa.gov (Yancey.Rushton@taa.gov) 

To: alan.long@yahoo.com; 

Date: Friday, October 5, 2012 2:16PM 

Dr. Long: 

Have you paid anything yet for the fiight to Destin? Specifically, did you know the plane was owned by Team 

Financial, Inc and were you expecting an invoice from the or were you expecting an invoice from the 

Birmingham Flight center for everything? This piece of information is critical because I am trying to establish 

whether or not BFC was serving as a Direct Air Carrier, which basically means that you called them and they 

arranged everything and you pay them. That's sort of a laymens way of looking at it but the definition in a 

nutshell. 

Thanks 

Have a good weekend. 

Yancey Rushton 

Direct Air Carrier: means a person who provides or offers to provide air transportation and who has control 

over the operational functions performed in providing that transportation 

https://us-mg5.mail.yahoo.corn!neo/launch?.rand=6rfd4mg9ggkh9 

LONG000460 

11/2/2015 
Print 

Subject: Re: Invoice 

From: 

To: 

Date: 

Alan Long (alan.long@yahoo.com) 

Yancey.Rushton@faa.gov; 

Friday, October 5, 2012 2:50PM 

Page 1 of 1 

I expected an invoice from BFC only. No other entities were ever discussed and did not know of 

Team Financial until I got the invoice. 

From: "Yancey.Rushton@faa.gov" <Yancey.Rushton@faa.gov> 

To: Alan Long <alan.long@yahoo.com> 

Sent: Friday, OctoberS, 2012 2:15PM 

Subject: Invoice 

Dr. Long: 

Have you paid anything yet for the fiight to Destin? Specifically, did you know the plane was owned by Team 

Financial, Inc and were you expecting an invoice from the or were you expecting an invoice from the 

Birmingham Flight center for everything? This piece of information is critical because I am trying to establish 

whether or not BFC was serving as a Direct Air Carrier, which basically means that you called them and they 

arranged everything and you pay them. That's sort of a laymens way of looking at it but the definition in a 

nutshell. 

Thanks 

Have a good weekend. 

Yancey Rushton 

Direct Air Carrier: means a person who provides or offers to provide air transportation and who has control 

over the operational functions performed in providing that transportation 

https ://us-mg5 .mail. yahoo.cornlneollaunch? .rand=6rfd4mg9 ggkh9 

LONG000461 

11/2/2015 
Print Page 1 of 1 

Subject: Re: Invoice 

From: Alan Long (alan.long@yahoo.com) 

To: Yancey.Rushton@faa.gov; 

Date: Friday, October 5, 2012 2:56 PM 

Yes I paid team financial and Shawn flowers's invoice, nothing to Lollar. 

Also, Steven Pickett called me and asked if he could get my credit card to mn for fuel for the flight so 

it wouldn't go through BFC. That was the day after the flight. 

On Oct 5, 2012, at 2:15PM, Yancey.Rushton@Jaa.gov wrote: 

Dr. Long: 

Have you paid anything yet for the flight to Destin? Specifically, did you know the plane was 

owned by Team Financial, Inc and were you expecting an invoice from the or were you expecting 

an invoice from the Birmingham Flight center for everything? This piece of information is critical 

because I am trying to establish whether or not BFC was serving as a Direct Air Carrier, which 

basically means that you called them and they arranged everything and you pay them. That's 

sort of a laymens way of looking at it but the definition in a nutshell. 

Thanks 

Have a good weekend. 

Yancey Rushton 

Direct Air Carrier: means a person who provides or offers to provide air transportation and who 

has control over the operational functions performed in providing that transportation 

https ://us-mg5 .mail. yahoo .com/neo/launch? .rand=6rfd4mg9ggkh9 

LONG000462 

11/2/2015 
Alan Long, M.D. 

from: 

Sent: 

To: 

Subject: 

Dr. Long: 

Yancey.Rushton@faa.gov 

Thursday, October 11, 2012 3:08 PM 

Alan Long, M.D. 

Request statement 

As I told you yesterday, I will try and limit your involvement in this case; however, in order to do that I need a statement 

that is clear on some very important details. You have provided three statements so far, and they all are very 

informative, but piecing everything together is always an orchestrated event and sometimes key details are missed. I am 

going to ask you a series of questions to answer and please try and answer them in the form of a statement. Please 

understand that I am not asking you to change, bend, or alter the truth. I am simply asking you to write down in the form 

of a statement things that you told me and my Supervisor in conversation. Thanks 

1. When you made initial contact with Aviation Services Group on September 17, 2012, did you ask for a quote on a 

charter trip to Destin, Florida? 

2. What was the reason for the flight to Destin, Florida 

3. Other than with Aviation Services Group on the morning of 17 September, 2012, with whom did you speak about this 

trip? 

4. Who arranged for the pilots and aircraft? Did you call Shawn Flowers to request his services? Did you call Steve Allen 

to request the aircraft? Did you even know prior to departure whose aircraft you were using? 

o. Did you think your were being provided a "demonstration" flight? When was the first time "demonstration flight" was 

used in conjunction with this trip? 

6. Did anyone discuss with you anything about the performance of the aircraft, its operating costs, its acquisition costs, 

insurance costs, or anything that might lead one to believe that this was a demonstration flight? 

7. Did the broker, Mr. Steve Allen, contact you prior to the flight or immediately following the flight to determine if you liked 

the aircraft? 

8. How did you assume the billing would be invoiced? 

9. Upon arrival back in BHM, you received an email from Mr. Bob Kent about the nature of the flight. What did you do 

following his email. 

10. Were you told by Mr. Steven Pickett that a "low offer" would be placed on the aircraft to satisfy the FAA? Did you 

place an offer on the aircraft? 

11. Following the flight you received an invoice for pilot services from Mr. Shawn Flowers and Mr. Justin Lollar. How 

much and was this ever paid? If not paid, why not? 

12. Has there been any follow up conversations regarding this flight? 

13. As a result of this, what have you done with the Baron that you own? 

~~anks for your help. You don't need to answer these questions in order or by number. I just need one statement 

lstead of three separate ones) that ties all of this together. Please understand the importance of what I am asking and 

why. The better case I can make on paper, the more likely he will settle and all of this will be closed. Thanks 

1 LONG000463 
Yancey Rushton 

2 LONG000464 
Print 

Subject: Fwd: Please contact Steven Pickett 

From: Alan Long (alan.long@yahoo.com) 

To: rushton23@gmail.com; 

Date: Friday, October 12, 2012 9:30PM 

Just got this. Won't being contacting him. 

Begin forwarded message: 

From: <hfcllc@windstream.net> 

Date: October 12,2012, 9:27:24 PM CDT 

To: "alan.long@.yahoo.com" <alan.long@yahoo.com> 

Subject: Please contact Steven Pickett 

Dr. Long, 

Page I of I 

If you have time this weekend, I would appreciate the oppmtunity to speak with you on 

the phone or meet with you in person. I am on a trip on Saturday, but I will be available 

by phone. Sunday, I am available in the afternoon. Please, let me know what your 

preference is. I think it is inrpmtant for us to talk. 

Thank you for your time, 

Steven Pickett 

https: I I us-mg5 .mail. yahoo .com/neollaunch? .rand=6rfd 4mg9ggkh9 

LONG000465 

111212015 
Print Page 1 of 2 

Subject: Re: Please contact Steven Pickett 

From: Yancey Rushton (rushton23@gmail.com) 

To: alan.long@yahoo.com; 

Date: Friday, October 12, 2012 10:57 PM 

Doc: 

You do whatever you need or feel like doing. I would just say, he knows the hammer is about to fall 

and you just need to remember that he flew your wife uninsured, allowed Justin to fly uninsured, and 

used your plane (New Orleans) for his purposes, not yours. I am all about helping people and 

understanding mistakes. This case is not about that. This is about greed, and a compete lack of 

concem for others and safety all in the interest of making a buck. He proved to me that he doesn't 

care and that's why he needs to be taken down. He knows he was wrong and he wants to talk and 

make you feel sorry for him. Do what you want and I don't care, but understand this, this is not his 

first rodeo. If he walks he will do this again to somebody else just like you. He played with your 

assets and your family's safety. He put an uninsured, unqualified pilot in a plane with your wife and 

family. Remember that. 

I represent you and him and I have no interest in winning anything. I care about lives and safety and I 

see a lot ofhonible deaths from people that aren't qualified and fly planes they shouldn't be flying. 

Mistakes are one thing. Willful acts of negligence are another. 

Good night. 

Sent fi·om my iPhone 

On Oct 12, 2012, at 9:30PM, Alan Long <ahm.longr.il)yahoo.com> wrote: 

Just got this. Won't being contacting him. 

Begin forwarded message: 

From: <bfcllc@windstream.net> 

Date: October 12, 2012, 9:27:24 PM CDT 

To: "alan.long@.yahoo.com" <alan.long@yahoo.com> 

Subject: Please contact Steven Pickett 

Dr. Long, 

If you have time this weekend, I would appreciate the oppmtunity to speak 

with you on the phone or meet with you in person. I am on a trip on 

Saturday, but I will be available by phone. Sunday, I am available in the 

aftemoon. Please, let me know what your preference is. I think it is important 

https://us-mg5.mail.yahoo.com/neo/launch?.rand~6tfd4mg9ggkh9 

LONG000466 

11!2/2015 
Print 

for us to talk. 

Thank you for your time, 

Steven Pickett 

https://us-mg5.maiLyahoo.com/neo/launch?.rand=6rfd4mg9ggkh9 

Page 2 of2 

LONG000467 

1112/2015 
Print Page I of I 

Subject: Re: Please contact Steven Pickett 

From: Yancey Rushton (rushton23@gmail.com) 

To: alan.long@yahoo.com: 

Date: Friday, October 12,2012 11:10 PM 

One last thing. Please understand, I am not out to get anyone. I am just trying to protect you, your 

wife, me, and the random person on the street. This was careless, disrespectful, and self centered. It 

wasn't a innocent mistake. It was calculated and deceitful. 

Sent from my iPhone 

On Oct 12,2012, at 9:30PM, Alan Long <alan.long<il)yahoo.com>wrote: 

Just got this. Won't being contacting him. 

Begin forwarded message: 

From: <bfcllc@windstream.net> 

Date: October 12,2012, 9:27:24 PM CDT 

To: "alan.long(il)yahoo.com" <alan.long@yahoo.com> 

Subject: Please contact Steven Pickett 

Dr. Long, 

If you have time this weekend, I would appreciate the opportunity to speak 

with you on the phone or meet with you in person. I am on a trip on 

Saturday, but I will be available by phone. Sunday, I am available in the 

afternoon. Please, let me know what your preference is. I think it is important 

for us to talk. 

Thank you for your time, 

Steven Pickett 

https://us-mg5 .mail. yahoo .corn/neo/la unch?. rand=6Jfd4 mg9ggkh9 

LONG000468 

1112/2015 
Print Page 1 of 1 

Subject: Re: Please contact Steven Pickett 

From: Alan Long (alan.long@yahoo.com) 

To: rushton23@gmail.com; 

Date: Saturday, October 13,2012 6:13PM 

Hey. Just got your message and read your emails. At the lake with limited reception. We're all cool. I 

totally agree with eve1ything in your emails and voicemail. I appreciate all you're doing and you're 

doing it the right way- the way I know the public is hoping you're doing your job. Thank you for that. 

Have a good weekend. 

On Oct 12,2012, at 11:10 PM, Yancey Rushton <rushton23(Zi;gmail.com> wrote: 

One last thing. Please understand, I am not out to get anyone. I am just t1ying to protect 

you, your wife, me, and the random person on the street. This was careless, disrespectful, 

and self centered. It wasn't a innocent mistake. It was calculated and deceitful. 

Sent from my iPhone 

On Oct 12, 2012, at 9:30PM, Alan Long <alan.long@yahoo.com> wrote: 

Just got this. Won't being contacting him. 

Begin forwarded message: 

From: <bfcllc@windstream.net> 

Date: October 12,2012,9:27:24 PM CDT 

To: "alan.long@yahoo.com" <alan.long@yahoo.com> 

Subject: Please contact Steven Pickett 

Dr. Long, 

If you have time this weekend, I would appreciate the 

opportunity to speak with you on the phone or meet with you in 

person. I am on a trip on Saturday, but I will be available by 

phone. Sunday, I am available in the afternoon. Please, let me 

know what your preference is. I think it is important for us to 

talk. 

Thank you for your time, 

Steven Pickett 

https://us-mg5.mail.yahoo.com/neo/launch?.rand=6rfd4mg9ggkh9 

LONG000469 

11/2/2015 
Alan long, M.D. 

From: 

Sent: 

To: 

Subject: 

Alan Long, M.D. 

Thursday, October 11, 2012 3:13 PM 

'Yancey.Rushton@faa.gov' 

RE: Request statement 

Will have it to you by tomorrow. Thanks 

J. Alan Long, MD 

CEO 

Skin Diagnostics Group, PC 

3125 Independence Drive, Suite 301 

Homewood, Al 35209 

205·879-2260 phone 

205-879-2261 fax 

alorJg@skindxgro u p.com 

www.skindxgroup.com 

s [)X 

;-.KIN lJIA(JNO~ l l(_"l <...:;ROLli' I'L 

From: Yancey.Rushton@faa.gov [mailto:Yancey.Rushton@faa.gov] 

Sent: Thursday, October 11, 2012 3:08 PM 

To: Alan Long, M.D. 

Subject: Request statement 

Dr. Long: 

As I told you yesterday, I will try and limit your involvement in this case; however, in order to do that I need a statement 

that is clear on some very important details. You have provided three statements so far, and they all are very 

informative, but piecing everything together is always an orchestrated event and sometimes key details are missed. I am 

going to ask you a series of questions to answer and please try and answer them in the form of a statement. Please 

understand that I am not asking you to change, bend, or alter the truth. I am simply asking you to write down in the form 

of a statement things that you told me and my Supervisor in conversation. Thanks 

1. When you made initial contact with Aviation Services Group on September 17, 2012, did you ask for a quote on a 

charter trip to Destin, Florida? 

2. What was the reason for the flight to Destin, Florida 

3. Other than with Aviation Services Group on the morning of 17 September, 2012, with whom did you speak about this 

trip? 

4. Who arranged for the pilots and aircraft? Did you call Shawn Flowers to request his services? Did you call Steve Allen 

to request the aircraft? Did you even know prior to departure whose aircraft you were using? 

5. Did you think your were being provided a "demonstration" fiight? When was the first time "demonstration flight" was 

used in conjunction with this trip? 

1 

LONG000470 
6. Did anyone discuss with you anything about the performance of the aircraft, its operating costs, its acquisition costs, 

insurance costs, or anything that might lead one to believe that this was a demonstration flight? 

7. Did the broker, Mr. Steve Allen, contact you prior to the flight or immediately following the flight to determine if you liked 

the aircraft? 

8. How did you assume the billing would be invoiced? 

9. Upon arrival back in BHM, you received an email from Mr. Bob Kent about the nature of the flight. What did you do 

following his email. 

10. Were you told by Mr. Steven Pickett that a "low offer" would be placed on the aircraft to satisfy the FAA? Did you 

place an offer on the aircraft? 

11. Following the flight you received an invoice for pilot services from Mr. Shawn Flowers and Mr. Justin Lollar. How 

much and was this ever paid? If not paid, why not? 

12. Has there been any follow up conversations regarding this flight? 

13. As a result of this, what have you done with the Baron that you own? 

Thanks for your help. You don't need to answer these questions in order or by number. I just need one statement 

(instead of three seperate ones) that ties all of this together. Please understand the importance of what I am asking and 

why. The better case I can make on paper, the more likely he will settle and all of this will be closed. Thanks 

Yancey Rushton 

2 LONG000471 
Alan Long, M.D. 

From: 

Sent: 

To: 

Subject: 

Thanks Doc 

Yancey.Rushton@faa.gov 

Thursday, October 11, 2012 3:44 PM 

Alan Long, M.D. 

RE: Request statement 

LONG000472 
Alan long, M.D. 

"·rom: 

Sent: 

To: 

Subject: 

Attachments: 

Please find attached. Thanks. 

Alan 

J. Alan Long, MD 

CEO 

Skin Diagnostics Group, PC 

Alan Long, M.D. 

Friday, October 12, 2012 6:04 PM 

'Yancey. Rushton @faa.gov' 

FW: Attached Image 

3251_00l.pdf 

3125 Independence Drive, Suite 301 

Homewood, AL 35209 

205-879-2260 phone 

205-879-2261 fax 

along@skindxgroup.com 

www.skindxgroup.com 

S Kl [)X ~ K I N D I A t; N 0 S I I C ) (J K 0 l1 I' I' l 

From: scanuser 

Sent: Friday, October 12, 2012 6:09 PM 

To: Alan Long, M.D. 

Subject: Attached Image 

LONG000473 
October 12,2012 

I contacted Aviation Services Group (ASG) on September 17, 2012 and asked them for a quote for a charter flight to 

Destin on September 18 where our company was having an inspection in our new location. I also spoke with Justin 

Lollar at Birmingham Flight Center (BFC) about the possibility of arranging a flight. While BFC had originally 

planned to fly us in my Baron that they maintained for us, they said the weather was not good enough that day and 

would find another plane if we needed to go. Mr. LaHar called back later that day and said we had Mr. Serra's CJ we 

could take. 

I do not know who specifically arranged for the pilots and plane. I was told that Shawn Flowers would be flying us. 

I did not know there would be another pilot. I did not call Mr. Flowers or Steve Allen or anyone else about this 

flight. I did not think of the flight as a demonstration as much as a way to get us to Destin on that particular day. The 

first time '~demonstration flight" was used in conjunction with this trip was the night we returned from the trip by 

Steven Pickett of BFC on the phone with me. No one discussed with me anything about the performance of this 

Citation Jet, its operating costs, its acquisition costs, insurance costs or anything else that might lead me to believe 

this was a demonstration flight 

I assumed I would be invoiced from BFC since they arranged the flight. 

Upon arrival back in Birmingham, I received an email from Bob Kent who was concerned the flight may represent 

an i11egal charter. I called Steven Pickett and asked him what was going on. He said not to worry that he would call 

Steven Allen and have it taken care of. He said they would make it a demonstration flight since I had previously 

shown interest in the CJ class of planes. I did not hear from Steve A11en prior to the flight but received an email 

from him around llpm that night thanking me for taking the demonstration flight on their listed CJ N525LP. I did 

not know until this email that this particular plane was even for sale. 

The next day, September 19, I received a phone call from Steven Pickett who told me that he was going to create 

and submit a "low offee' on the plane and give to Steve A11en that he would reject so that they could prove later, if 

needed, that it was a demo flight. I did not place an offer on the plane or have any intent to buy it. 

The week following the flight I received invoices from Mr. Flowers and Mr. Lollar. Mr. Flowers' invoice was 

received by email on September 19 for $450.00 and was paid by a check mailed to his home as directed. His invoice 

stated "Thanks, J enjoyed Demonstrating the Jet for you!!!" Mr. Lollar's invoice was received by emaiJ on 

September 23. It read as follows, 

Dear Dr. Long 

Good afternoon sir and I hope all has been well, Due to lhe change ln plans on Tuesday's flight, the billing will be different than usual for the 

flight. The pilot fee for myself on the day [s .$400. It can be mailed to my home addn:ss at 

r,7\:;(' llr·•·r;i•.>l Dlr\,' 

I'; ,. ,. ,\I·- ~~I-,(, 

since the Birmingham flight center was not an official manager of the aircraft used for the demo flight everything will be done separately from 

the flight center. 

I want to thank you for very much for allowing me to fly you and I look forward to oUT next meeting. Have a blessed day and I wi\1 talk to you 

soon. 

Justin M. Lollar 

Commerdal Pilot Services 

CFT 

The next morning, September 24, I received a text from Mr. Lollar that said, "Good afternoon. Yesterday I sent an 

email to you for the flight on Tuesday. Please disregard that email. I hope all is well and I will talk to you" I replied, 

"I have the check ready but can destroy. Bfc will bill?" He responded, ''No sir. FAA meeting was very interested to 

here (sic) wether (sic)-or not there was a bill from us for me. (no)'' 

---------

----~~~·~-,~--~·~ -~~=~""~=---
I took my last training flight with the Binningham Flight Center the following day on September 25 with an 

instructor other than Mr. Lollar. As I was leaving I briefly saw Mr. Lollar who mentioned he was sorry about 

everything with the flight. I asked him where things stood with it now and he said he thought everything had been 

taken care of with the FAA. I have not had aoy further conversations with Mr. Lollar, Mr. Pickett, Mr. Allen or Mr. 

Flowers about this flight. 

I have stopped taking lessons and moved my Baron on October 2 from the hangar and care ofBFC to another hangar 

at the Binningham Airport and have listed it for sale. 

This statement is entirely accurate to the best of my knowledge. 

-----:------------------------------- - -----~-----

_ __ - - --- ----c----l.QNGOQ047-5,- --"~ -c=---c.~---~-,.,~'-~'""' --~~-? 
Alan Long, M.D. 

From: 

Sent: 

To: 

Subject: 

Yancey, 

Alan Long, M.D. 

Thursday, Aprilll, 2013 8:54AM 

'Yancey.Rushton@faa.gov' 

RE: Request statement 

How did things eventually turn out for Pickett and BFC? 

Thanks. 

Alan 

J. Alan long, MD 

CEO 

Skin Diagnostics Group, PC 

3125 Independence Drive, Suite 301 

Homewood, Al 35209 

205-879-2260 phone 

205-879-2261 fax 

From: Yancey.Rushton@faa.gov [mailto:Yancey.Rushton@faa.gov] 

Sent: Thursday, October 11, 2012 3:08PM 

To: Alan Long, M.D. 

Subject: Request statement 

Dr. Long: 

As I told you yesterday, I will try and limit your involvement in this case; however, in order to do that I need a statement 

that is clear on some very important details. You have provided three statements so far, and they all are very 

informative, but piecing everything together is always an orchestrated event and sometimes key details are missed. I am 

going to ask you a series of questions to answer and please try and answer them in the form of a statement Please 

understand that I am not asking you to change, bend, or alter the truth. I am simply asking you to write down in the form 

of a statement things that you told me and my Supervisor in conversation. Thanks 

1. When you made initial contact with Aviation Services Group on September 17, 2012, did you ask for a quote on a 

charter trip to Destin, Florida? 

2. What was the reason for the flight to Destin, Florida 

3. Other than with Aviation Services Group on the morning of 17 September, 2012, with whom did you speak about this 

trip? 

4. Who arranged for the pilots and aircraft? Did you call Shawn Flowers to request his services? Did you call Steve Allen 

to request the aircraft? Did you even know prior to departure whose aircraft you were using? 

1 LONG000476 
5. Did you think your were being provided a "demonstration" flight? When was the first time "demonstration flight" was 

used in conjunction with this trip? 

;. Did anyone discuss with you anything about the performance of the aircraft, its operating costs, its acquisition costs, 

insurance costs, or anything that might lead one to believe that this was a demonstration flight? 

7. Did the broker, Mr. Steve Allen, contact you prior to the flight or immediately following the flight to determine if you liked 

the aircraft? 

8. How did you assume the billing would be invoiced? 

9. Upon arrival back in BHM, you received an email from Mr. Bob Kent about the nature of the flight. What did you do 

following his email. 

10. Were you told by Mr. Steven Pickett that a "low offer" would be placed on the aircraft to satisfy the FAA? Did you 

place an offer on the aircraft? 

11. Following the flight you received an invoice for pilot services from Mr. Shawn Flowers and Mr. Justin Lollar. How 

much and was this ever paid? If not paid, why not? 

12. Has there been any follow up conversations regarding this flight? 

13. As a result of this, what have you done with the Baron that you own? 

Thanks for your help. You don't need to answer these questions in order or by number. I just need one statement 

(instead of three seperate ones) that ties all of this together. Please understand the importance of what I am asking and 

why. The better case I can make on paper, the more likely he will settle and all of this will be closed. Thanks 

Yancey Rushton 

2 LONG000477 
Alan long, M.D. 

from: 

Sent: 

To: 

Subject: 

Dr. Long: 

I hope all is well for you. 

Yancey.Rushton@faa.gov 

Thursday, Aprilll, 2013 10:30 AM 

Alan Long, M.D. 

RE: Request statement 

The case is still in active litigation. At their request the case has been moved from the FAA Southern Region to the FAA 

Great Lakes Region for adjudication. As such this office has been removed from the day to day activities associated with 

this enforcement. 

If you have any more questions, please feel free to contact me at (205) 876-1319 (work) or (205) 332-9022 (cell). We 

have appreciated all of the assistance provided by you in this matter and we can promise you that we have done 

everything in our power to see that this matter is concluded in the best interest of all involved. 

Thank you for your help. 

Yancey 

i·om- "Alan Long, M.D." <along@skindxgroup.com> 

ASO~BHM~FSD0-09, Birmingham, AL 

1 o: Yancey Rushton/ASO/FAA@FAA, 

Date: 04/11/2013 08:53AM 

Subject: RE: Request statement 

Yancey, 

How did things eventually turn out for Pickett and BFC? 

Thanks. 

Alan 

J. Alan long, MD 

CEO 

Skin Diagnostics Group, PC 

31251ndependence Drive, Suite 301 

Homewood, AL 35209 

205-·879-2260 phone 

205-879-2261 fax 

1 LONG000478 
From: Yancey.Rushton@faa.gov [mailto:Yancey.Rushton@faa.gov] 

Sent: Thursday, October 11, 2012 3:08 PM 

To: Alan Long, M.D. 

Subject: Request statement 

Dr. Long: 

As I told you yesterday, I will try and limit your involvement in this case; however, in order to do that I need a statement 

that is clear on some very important details. You have provided three statements so far, and they all are very 

informative, but piecing everything together is always an orchestrated event and sometimes key details are missed. I am 

going to ask you a series of questions to answer and please try and answer them in the form of a statement. Please 

understand that I am not asking you to change, bend, or alter the truth. I am simply asking you to write down in the form 

of a statement things that you told me and my Supervisor in conversation. Thanks 

1. When you made initial contact with Aviation Services Group on September 17, 2012, did you ask for a quote on a 

charter trip to Destin, Florida? 

2. What was the reason for the fiight to Destin, Florida 

3. Other than with Aviation Services Group on the morning of 17 September, 2012, with whom did you speak about this 

trip? 

4. Who arranged for the pilots and aircraft? Did you call Shawn Flowers to request his services? Did you call Steve Allen 

to request the aircraft? Did you even know prior to departure whose aircraft you were using? 

5. Did you think your were being provided a "demonstration" flight? When was the first time "demonstration flight" was 

used in conjunction with this trip? 

6. Did anyone discuss with you anything about the performance of the aircraft, its operating costs, its acquisition costs, 

insurance costs, or anything that might lead one to believe that this was a demonstration flight? 

7. Did the broker, Mr. Steve Allen, contact you prior to the flight or immediately following the flight to determine if you liked 

the aircraft? 

8. How did you assume the billing would be invoiced? 

9. Upon arrival back in BHM, you received an email from Mr. Bob Kent about the nature of the flight. What did you do 

following his email. 

10. Were you told by Mr. Steven Pickett that a "low offer" would be placed on the aircraft to satisfy the FAA? Did you 

place an offer on the aircraft? 

11. Following the flight you received an invoice for pilot services from Mr. Shawn Flowers and Mr. Justin Lollar. How 

much and was this ever paid? If not paid, why not? 

12. Has there been any follow up conversations regarding this flight? 

13. As a result of this, what have you done with the Baron that you own? 

Thanks for your help. You don't need to answer these questions in order or by number. I just need one statement 

(instead of three seperate ones) that ties all of this together. Please understand the importance of what 1 am asking and 

why. The better case I can make on paper, the more likely he will settle and all of this will be closed. Thanks 

Yancey Rushton 

2 

LONG000479 
Yancey, 

How did things eventually turn out for Pickett and BFC? 

Thanks. 

Alan 

J. Alan long, MD 

CEO 

Skin Diagnostics Group, PC 

3125 Independence Drive, Suite 301 

Homewood, Al 35209 

205-879-2260 phone 

205·879-2261 fax 

From: Yancey.Rushton@faa.gov [mailto:Yancey.Rushton@faa.gov] 

Sent: Thursday, October 11, 2012 3:08 PM 

To: Alan Long, M.D. 

Subject: Request statement 

Dr. Long: 

As I told you yesterday, I will try and limit your involvement in this case; however, in order to do that I need a statement 

chat is clear on some very important details. You have provided three statements so far, and they all are very 

informative, but piecing everything together is always an orchestrated event and sometimes key details are missed. I am 

going to ask you a series of questions to answer and please try and answer them in the form of a statement. Please 

understand that I am not asking you to change, bend, or alter the truth. I am simply asking you to write down in the form 

of a statement things that you told me and my Supervisor in conversation. Thanks 

1. When you made initial contact w'1th Aviation Services Group on September 17, 2012, did you ask for a quote on a 

charter trip to Destin, Florida? 

2. What was the reason for the flight to Destin, Florida 

3. Other than with Aviation Services Group on the morning of 17 September, 2012, with whom did you speak about this 

trip? 

4. Who arranged for the pilots and aircraft? Did you call Shawn Flowers to request his services? Did you call Steve Allen 

to request the aircraft? Did you even know prior to departure whose aircraft you were using? 

5. Did you think your were being provided a "demonstration" flight? When was the first time "demonstration flight" was 

used in conjunction with this trip? 

6. Did anyone discuss with you anything about the performance of the aircraft, its operating costs, its acquisition costs, 

insurance costs, or anything that might lead one to believe that this was a demonstration flight? 

7. Did the broker, Mr. Steve Allen, contact you prior to the flight or immediately following the flight to determine if you liked 

the aircraft? 

8. How did you assume the billing would be invoiced? 

8. Upon arrival back in BHM, you received an email from Mr. Bob Kent about the nature of the flight. What did you do 

following his email. 

2 

LONG000481 
10. Were you told by Mr. Steven Pickett that a "low offer" would be placed on the aircraft to satisfy the FAA? Did you 

place an offer on the aircraft? 

11. Following the flight you received an invoice for pilot services from Mr. Shawn Flowers and Mr. Justin Lollar. How 

much and was this ever paid? If not paid, why not? 

12. Has there been any follow up conversations regarding this flight? 

13. As a result of this, what have you done with the Baron that you own? 

Thanks for your help. You don't need to answer these questions in order or by number. I just need one statement 

(instead of three seperate ones) that ties all of this together. Please understand the importance of what I am asking and 

why. The better case I can make on paper, the more likely he will settle and all of this will be closed. Thanks 

Yancey Rushton 

3 

LONG000482 
Alan long, M.D. 

From: 

Sent: 

To: 

Subject: 

Yancey.Rushton@faa.gov 

Thursday, Aprilll, 2013 1:27 PM 

Alan Long, M.D. 

RE: Request statement 

Hey Doc. Just a question/comment. I received an anonymous and very unprofessional and rude letter about the people 

we are discussing two days ago implying that I have done nothing about the school in question or the individual. I don't 

th'1nk or assume you would write such a letter but you might know the people who did write this letter. If so, please pass 

on and understand that I am doing all I can within the structure of the system and I think we have a strong case and we 

are going to see some results. Having said that, we also live in America where people are innocent first {thankfully) and 

the burden of proof is on me not them. Things that appear obvious and clear still must be proved beyond a shadow of 

doubt and that is a good thing. Sometimes unfortunately though, the people that pay the highest price are not always the 

worst offenders and in this case I do feel badly for the one individual who has really paid the highest price so far. The 

other house of cards will fall too though and I think you will see the results you were hoping for. 

Bottomline, if you are talking with the people who wrote me that letter two days ago, this FSDO is aware of the concerns 

and issues and we are working very hard to see that justice is served. Nothing has been swept under a carpet and 

nobody has been paid off (to my knowledge). 

Thanks 

Yancey 

1 LONG000483 
Dr. Alan Long Subpoena Compliance 

Responses to Rider Requests #9 and # 1 0 

EXHIBIT 

K 
Alan Long, M.D. 

rrom: 

Sent: 

To: 

Subject: 

Alan long, M.D. 

Friday, August 21, 2015 3:59 PM 

chris.stevenson@faa.gov 

Address 

Can you confirm your mailing address? 

Office of Regional Counsel 

Attn: Chris Stevenson 

PO Box 20636 

Atlanta, GA 30320 

Thanks. 

1 

LONG000484 
Alan Long, M.D. 

From: 

Sent: 

To: 

Chris.Stevenson@faa.gov 

Friday, August 21, 2015 4:02 PM 

Alan Long, M.D. 

Subject: 

Dr. Long, 

That is the correct address. 

Thank you, 

Christopher Stevenson 

Attorney 

RE: Address 

Office of the Chief Counsel 

Enforcement Division -Southern Team 

(404) 305-5208 

-----Original Message-----

From: Alan Long, M.D. [mailto:along@skindxgroup.com] 

Sent: Friday, August 21, 2015 4:59 PM 

To: Stevenson, Chris (FAA) 

·ubject: Address 

Can you confirm your mailing address? 

Office of Regional Counsel 

Attn: Chris Stevenson 

PO Box 20636 

Atlanta, GA 30320 

Thanks. 

1 LONG000485 
Alan Long, M.D. 

From: 

Sent: 

To: 

Subject: 

Alan Long, M.D. 

Friday, August 21, 2015 4:04 PM 

Chris.Stevenson@faa.gov 

Re: Address 

I'm working on getting this all out to you today for delivery by Monday. When does discovery end? 

>On Aug 21, 2015, at 4:01PM, "Chris.Stevenson@faa.gov" <Chris.Stevenson@faa.gov> wrote: 

> 

>Dr. Long, 

> 

>That is the correct address. 

> 

>Thank you, 

> 

>Christopher Stevenson 

>Attorney 

>Office of the Chief Counsel 

> Enforcement Division- Southern Team 

> (404) 305-5208 

> 

>-----Original Message-----

> From: Alan Long, M.D. [mailto:along@skindxgroup.com] 

>Sent: Friday, August 21, 2015 4:59 PM 

>To: Stevenson, Chris (FAA) 

>Subject: Address 

> 

>Can you confirm your mailing address? 

> 

>Office of Regional Counsel 

>Attn: Chris Stevenson 

> PO Box 20636 

>Atlanta, GA 30320 

> 

>Thanks. 

1 LONG000486 
Alan Long, M.D. 

from: 

Sent: 

To: 

Subject: 

Dr. Long, 

Chris.Stevenson@faa.gov 

Friday, August 21, 2015 4:10 PM 

Alan Long, M.D. 

RE: Address 

Discovery technically ends today. However, the Respondent did not actually get in touch with me about discovery until 

two days ago. So we are going to be continuing to provide each other with information past the close of discovery. 

Christopher Stevenson 

Attorney 

Office of the Chief Counsel 

Enforcement Division -Southern Team 

(404) 305-5208 

-----Original Message-----

From: Alan Long, M.D. [mailto:along@skindxgroup.com] 

Sent: Friday, August 21, 2015 5:04PM 

To: Stevenson, Chris (FAA) 

Subject: Re: Address 

I'm working on getting this all out to you today for delivery by Monday. When does discovery end? 

>On Aug 21, 2015, at 4:01PM, "Chris.Stevenson@faa.gov" <Chris.Stevenson@faa.gov> wrote: 

> 

>Dr. Long, 

> 

>That is the correct address. 

> 

>Thank you, 

> 

> Christopher Stevenson 

>Attorney 

>Office of the Chief Counsel 

> Enforcement Division- Southern Team 

> (404) 305-5208 

> 

> 

>-----Original Message-----

> From: Alan Long, M.D. [mailto:along@skindxgroup.com] 

>Sent: Friday, August 21, 2015 4:59PM 

> 

To: Stevenson, Chris (FAA) 

Subject: Address 

1 LONG000487 
>Can you confirm your mailing address? 

> 

>Office of Regional Counsel 

"Attn: Chris Stevenson 

> PO Box 20636 

>Atlanta, GA 30320 

> 

>Thanks. 

2 LONG000488 
Alan Long, M.D. 

trom: 

Sent: 

To: 

Subject: 

Attachments: 

Begin forwarded message: 

Alan Long, M.D. 

Friday, August 21, 2015 4:32 PM 

Chris.Stevenson@faa.gov 

Fwd: Attached Image 

4393_00l.pdf; ATTOOOOl.htm 

From: scanuser <scanuser@skindxgroup.com> 

Date: August 21,2015 at 4:25:39 PM CDT 

To: "Alan Long, M.D." <along@lskindxgroup.com> 

Subject: Attached Image 

1 LONG000489 
Print 8/21/15,3:02 PM 

Subject: Re: Trips 

From: 

To: 

Date: 

Alan, 

bfcllc@windstream.net (bfcllc@windstream.net) 

alan.long@yahoo.com; 

Tuesday, September 4, 2012 10:35 PM 

The CJ is a 1.9 hr flight each way & it would cost about $7,840.00 round trip for the jet and fueL Then 

$900.00 for the crew for the day. 

Steven 

---- Alan Long <alan.long@yahoo.com> wrote: 

> Thx how about the price on the cj? 

> 

> 

> 

>On Aug 31,2012, at 12:48 PM, <bfcllc@windstream.net> wrote: 

> 

>>Alan, 

>> 

'> > 1 got them all on the books. That CJ we can only take 5. That's why when we get you one I would get the 

Sth seat. The 650 would be perfect for that run bigger and faster and you can take 8 if you want It would be a 

1.5 hr flight in the 650 each way. $10,500.00 for the airplane and fuel round trip. Plus the crew is $1,000.00 

for the day. 

>> 

>>Steven 

>>----Alan Long <alan.long@yahoo.com> wrote: 

>>>Steven, 

>> 

> > Here are the trips we spoke about last night. 

>> 

>>Monday, Sept 10- Destin- Baron- depart BHM approx 0830 and depart DTS approx 1500 

>> 

> > Friday, Nov 2- Savannah, GA- Baron - depart BHM approx 1200 and depart Savannah Sat, Nov 3, 

approx 1600 EST 

>> 

>>Saturday, Mar 2- Miami, FL- CJ- depart BHM approx 1200 and depart Miami approx 2330 EST 

>> 

>>Just wanted to confirm that the CJ will ride 5 passengers and not 6. If we wanted to take one or two more 

would there be something to accomodate like a li/SII or would the 650 be all that would possibly be 

available. 

>> 

>>Thanks. 

about: blank Pagelof2 

LONG000490 
Print 

>> 

>>Alan 

about: blank 

8{21/15, 3:02PM 

Page. 2 of2 

LONG000491 
Print 8/21/15, 3:41PM 

Subject: Pilot Fees for 9-18-2012 

From: 

To: 

Date: 

Justin Lollar Oustin.lollar@att.net) 

alan.long@yahoo.com; 

Sunday, September 23, 2012 2:20 PM 

Dear Dr. Long 

Good afternoon sir and I hope all has been well. Due to the change in plans on Tuesday's flight, the billing 

will be different than usual for the flight. The pilot fee for myself on the day is $400. It can be mailed to my 

home address at 

6786 Deerfoot Drive 

Pinson AL, 35126 

since the Birmingham flight center was not an official manager of the aircraft used for the demo flight 

everything will be done separately from the flight center. 

I want to thank you for very much for allowing me to fly you and I look forward to our next meeting. Have a 

blessed day and I will talk to you soon. 

Justin M. Lollar 

Commercial Pilot Services 

CFI 

about blank Page 1 of 1 

LONG000492 
Print 8/21/lS, 3:33PM 

Subject: Re: Invoice 

From: Alan Long (alan.long@yahoo.com) 

To: Yancey.Rushton@faa.gov; 

Date: Friday, October 5, 2012 2:56PM 

Yes I paid team financial and Shawn flowers's invoice, nothing to Lollar. 

Also, Steven Pickett called me and asked if he could get my credit card to run for fuel for the flight so it 

wouldn't go through BFC. That was the day after the flight. 

On Oct 5, 2012, at 2:15PM, Yancey.Rushton@faa.gov wrote: 

Dr. Long: 

Have you paid anything yet for the flight to Destin? Specifically, did you know the plane was owned by Team 

Financial, Inc and were you expecting an invoice from the or were you expecting an invoice from the 

Birmingham Flight center for everything? This piece of information Is critical because I am trying to 

establish whether or not BFC was serving as a Direct Air Carrier, which basically means that you called 

them and they arranged everything and you pay them. That's sort of a laymens way of looking at it but the 

definition in a nutshell. 

Thanks 

Have a good weekend. 

Yancey Rushton 

Direct Air Carrier: means a person who provides or offers to provide air transportation and who has control 

over the operational functions performed in providing that transportation 

about: blank 

LONG000493 

Page 1 of 1 
Print 

Subject: Please contact Steven Pickett 

From: 

To: 

Date: 

Dr. Long, 

bfcllc@wlndstream.net (bfcllc@windstream.net) 

alan.long@yahoo.com; 

Friday, October 12, 2012 9:27 PM 

8(21/15, 3:50PM 

If you have time this weekend, I would appreciate the opportunity to speak with you on the phone or meet 

with you in person. I am on a trip on Saturday, but I will be available by phone. Sunday, I am available in the 

afternoon. Please, let me know what your preference is. I think it is important for us to talk. 

Thaukyoufor your time, 

Steven Pickett 

about blank Page 1 of I 

LONG000494 
Print Bfll/15, 3:53 PM 

Subjed: Re: loan docs N14BSB 

From: 

To: 

Date: 

Alan, 

Steven Pickett (bfcllc@yahoo.com) 

alan .long @yahoo.com; 

Friday, August 31, 2012 10:11 AM 

Thank you for looking at it for me. 

Steven 

From: Alan Long <alan.long@yahoo.com> 

To: Steven Pickett <bfcllc@yahoo.com> 

Sent: Thursday, August 30, 2012 1:40 PM 

Subject: Re: loan docs N148SB 

Steven, after talking with my accountant it looks like we've got everything pretty well tied up right now. I'm 

sorry we won't be able to help. 

On Aug 29,2012, at 6:14PM, Steven Pickett <bfcllc@yahoo.com> wrote: 

Alan, 

Thank you for looking at this for me. The other guy in this is a friend of mine that is a captain for 

FED EX he lives here in Birmingham but will be based in China for the next year. His wife and 

kids will still be here, so he will be back every few months for 3 or 4 weeks at a time. 

Steven 

----- Forwarded Message -----

From: Steve Helmers <stevhelm@yahoo.com> 

To: "bfcllc@yahoo.com" <bfcllc@yahoo.com> 

Sent: Friday, August 17, 2012 3:17PM 

Subject: Fw: loan docs N14BSB · 

---- Forwarded Message ----

From: Steve Helmers <stevhelm@yahoo.com> 

To: Steven Pickett <bfcllc@windstream.net> 

Sent: Friday, August 17, 20121:54 PM 

Subject: loan docs N148SB 

about: blank 

LONG000495 

Pagelof2 
Print 8/21/15, 3:53 PM 

<Loan for Nl48SB.PDF> 

about: blank Page 2 of2 

LONG000496 
Loan Agreement 

The following is an agreement to procure a loan in the amount 

of $89,000.00 for the purpose of refinancing a current loan fo1· 

Nl48SB, a Piper PA30 Twin Comanche S/N 1148 

Steven Pickett and Stephen Helmers, together, <Jgree to pay to 

the sum of $700.00 per month for 

eighty-four (84) consecutive months clue on the 1 ' 1 day of each 

month for a total of $5B,BOO.OO with :1 balloon payment of 

$S'i,97S.11 due no l3terthan September 1, 2019. The loan 

terms are as follows: $89,000.00 @ 5.0% f'or 7 years with a 

balloon )l'1)!1llent of$5:0, 975.11 due :1t the end of84 months. 

This loan will be sen1red by an Aircr?.ft Security Agreement to 

!w completecl by all parties involved in this agreement and 

filed with the FAA. Upon the satisbctory completion of the lo:Jn 

requirements, the Aircraft Security Agreement Vl!ill be 

considered null and void and the loan holder must hie any 

required Release of Liens. 

Steven Pickett Date Date 

Stephen Helmers Date 

LONG000497 
l

1

l'lll,'tplll P:IJII 

" ' 

lntl'rt•.o;t l'aid )< t'l 11 :_11 !_t_i I I Jo'_ _! \i 1 j; Ill ;·1_. 

,,,-, 1·, 

LONG000498 
700.00 

700.1)0 

700.00 

7<)0.00 

700.011 

71111 00 

700.1Jil 

70().00 

700 00 

700 00 

700 I)[) 

700J)ll 

700.00 

700.00 

700.0[) 

70lLOIJ 

-;) i.\' 

,":i· 

.,-.; 

LONG000499 
$58 .suo .oo 

LONG000500 

October 12, 2012 

I contacted Aviation Services Group on September 17, 2012 and asked them for a quote for a. charter flight to Destin 

on September I 8 where our company was having an inspection in our new location. The flight was for me, our Chief 

_______ t,Qij>:peu:ti.ng-Offu:el-~.MeJanig Smith--ani! em Chief Q\iality-Bffieer I Direetot of Ce:tparate Comp:liance Kathetine 

Parrish. I also spoke with Justin Lollar at Birmingham Flight Center (BFC) about the possibility of arranging a 

flight While BFC has originally planned to fly us in my Baron that they maintained for us, they said the weather 

was not good enough that day and they would find another plane if we needed to go. Mr. Lollar called back later that 

day and said we had Mr. Serra's CJ that we could take. 

I do not know who specifically arranged for the pilots and plane. I was told that Shawn Flowers would be flying us. 

I did not know there would be another pilot. I did not call Mr_ Flowers or Steve Allen or anyone else about the 

flight I did not think of the flight as a demonstration of the plane. It was a way to get us to Destin on that particular 

day. The first time the phrase "demonstration flight'' was used in conjunction with this trip was the night we 

returned from the trip by Steven Pickett ofBFC on the phone with me. No one discussed with me anything about the 

performance of this Citation Jet~ lts operating costs, its acquisition costs, insurance costs or anything else that might 

lead me to believe this was a demonstration flight. 

I assumed I would be invoiced from BFC since they arranged this flight. 

Upon arrival back in Birmingham, I received an email from Bob Kent who was concerned the flight may represent 

an illegal charter. I called Steven Pickett and asked him what was going on. He said not to worry that he would caH 

Steve Allen and have it taken care of. He said they would make it a demonstration flight since I had previously 

shown interest in the CJ class of plaues. I did not hear from Steve Allen prior to the flight but received an email 

from him around llpm that night thanking me for taking the demonstration flight nn their listed CJ N525LP. I did 

not know until that email tbat this particular plane was even for sale. 

The next day, September 19, I received a phone call from Steven Pickett who told me he was going to create and 

submit a "low offer" on the plane and give to Steve Allen that he would reject so that they could prove later, if 

necessary, that it was a demo flight. I did not place an offer on the plane or have any intent to buy it 

The week following the flight I received invoices from Mr. Flowers and Mr. Lollar. Mr. Flowers' invoice was 

received by email on September 19 for $450.00 and was paid by a check mailed to his home as directed. His invoice 

stated, "Thanks, I enjoyed Demonstrating the Jet for you!!!" Mr. Lollar's invoice was received by email on 

September 23. It read as follows, 

Dear Dr. Long 

Good afternoon sir and I hope all has been well. Due to the change in plans on Tuesday's flight, tbe biUing will be different than usual for tlto 

flight. ·Tho pilot fee for myself on the da.y is .$400. JL can be mailed to my home address at 

(,;;~r, l_lu:il(·"'l llrr<_,. 

l'l!r-.mr /\[ . -~-~I~(, 

since ttte Binningham fligltt center was not an official manager of !he aircraft used for the demo fligh.t everything will be done separately from 

the flight center, 

I want to thank you fur very much for aHowing me to fly you and I look forWard to our next meeting. Have a blessed day and I will talk to you 

soon. 

Justin M. Lollar 

Commercial Pilot Services 

CF! 

The next morning, September 24, I received a text from Mr. Lollar that said, "Good afternoon. Yesterday I sent an 

email to you for the flight on Tuesday. Please disregard that email. I hope all is well and will talk to you" I replied, 

"I have the check ready but can destroy. bfc will bill?" He responded, ''No sir. FAA meeting was very interested to 

here (sic) wether (sic) or not there was a bill from us for me. (no)" 

LONG000502 
I took my last training flight with the Birmingham Flight Center the following day on September 25 with an 

instrnctor other than Mr. Lollar. As I was leaving, I briefly saw lvlr. Lollar who mentioned he was sorry about 

everything with the flight. I asked him where things stood with it now and he said he thought everything had been 

taken care of with the FAA. !have not had any further communications with Mr. Lollar, Mr. Pickett, Mr. Allen or 

Mr. Flowers about this flight. -----

I have stopped taking flight lessons and moved my Baron on Oct.ober 2 from the hangar and care of BFC to another 

hangar at the Birmingham Airport aod have listed it for sale. 

This statement is entirely accurate to the best of my knowledge. 

Alan Long 

LONG000503 
September 19, 2012 

Dr. Alan Long 

Alpha Delta Holdings LLC 

2316 Chester Rd. 

Birmingham, AL 35223 

Reference: Citation Jet 

N525LP 

September 18, 2012 

1.5 flight hours @ $1,300.00 per flight hr. 

Total Due: $1,950.00 

Invoice 

Number0919 

Please remit payment to Team Financial, 9709 Parkway East, Suite D, 

Birmingham, AL 35215 

Payable upon receipt 

Thank you for your business! 

invoice 

LONG000504 
Shawn Flowers 

519t Shady C1 est Rd 

Adamsville, At. 35005 

205-492-9652 

ss.flowers@yahoo.com 

TO 

Shawn RowersQUAimT'f 

1.00 

Alpha Delta Holdings 

2316 Chester Rd. 

Birmingham, AL 35223 

[Phone) 

Pilot I 

jDestin 

Pilot Day Rate 

Trip 

DESCRIPTION 

lNVOrcr. 

~ll\.~~\1; -----.,mn~K~E~wo~.-.9~,~s-----------­

DATE September 20, 2012 

CUSTOMER ID 100 

PAYMI'!« 'IJ;RMS DIIE DATE 

Due upon receipt Due upon receipt 

UNIT PRICE UNElttrAL 

s 450.00 $ 4511.00 

Thanks, I enjoyed Demonstrating the Jet for yoo !!! 

Make all checks payable to Address above 

THANK YOU FOR YOUR BUSINESS! 

I 

SUBTOTAL s 4511.00 

SAI£STAX 

TOTAL $ 450.00 

LONG000505 
Print 8121/15, 3:02 P! 

Subject: Re: Trips 

. 'rom: bfcllc@windstream.net (bfcllc@windstream.net) 

To: alan.long@yahoo.com; 

---Date. Tuesday, Septembe1 4, 2012 10.35 PM 

Alan, 

The CJ is a 1.9 hr flight each way & it would cost about $7,840.00 round trip for the jet and fuel. Then 

$900.00forthe crew for the day. 

Steven 

----Alan Long <a!an.long@yahoo.com> wrote: 

> Tbx how about the price on the cj? 

> 

> 

> 

>On Aug 31,2012, at 12:48 PM, <bfcllc@windstream.ne1> wrote: 

> 

>>Alan, 

>> 

>I got them all on the books. That CJ we can only take 5. That's why when we get you one I would get the 

oth seat. The 650 would be perfect for that run bigger and faster and you can take 8 if you want. It would be a 

1.5 hr flight in the 650 each way. $10,500.00 for the airplane and fuel round trip. Plus the crew is $1,000.00 

for the day. 

>> 

>>Steven 

>>----Alan Long <alan.long@yahoo.com> wrote: 

>>>Steven, 

>> 

>>Here are the trips we spoke about last night. 

>> 

>>Monday, Sept 10 - Destin- Baron - depart BHM approx 0830 and depart DTS approx 1500 

>> 

>>Friday, Nov 2- Savannah, GA- Baron- depart BHM approx 1200 and depart Savannah Sat, Nov 3, 

approx 1600 EST 

>> 

>>Saturday, Mar 2- Miami, FL- CJ- depart BHM approx 1200 and depart Miami approx 2330 EST 

>> 

>>Just wanted to confirm that the CJ will ride 5 passengers and not 6. If we wanted to take one or two more 

would there be something to accomodate like a IllS II or would the 650 be all that would possibly be 

available. 

>> 

•Thanks. 

about: blank Page 1 of, 

LONG000506 
Plint 

>> 

>>Alan 

about: blank 

8/21/15, 3:02PM 

Page2of2 

LONG000507 
Print 8/21/15, 3o41 PW 

Subject: Pilot Fees for 9-18-2012 

rom: Justin Lollar ijuslin.lollar@att.net) 

To: alan.long@yahoo.com; 

--Date:-~- -~nday. Septell!bel 23, 2012 2.2frf>M--~~--------

Dear Dr. Long 

Good afternoon sir and I hope all has been well. Due to the change in plans on Tuesday's flight, the billing 

will be different than usual for the flight. The pilot fee for myself on the day is $400. It can be mailed to my 

home address at 

6786 Deerfoot Drive 

PinsonAL, 35126 

since the Birmingham flight center was not an official manager of the aircraft used for the demo flight 

everything will be done separately from the flight center. 

I want to thank you for very much for allowing me to fly you and I look forward to our next meeting. Have a 

blessed day and I will talk to you soon. 

Justin M. Lollar 

'mmercial Pilot Services 

~..-PI 

about: blank Page 1 of. 

LONG000508 
Print 8{21/15, 3:33 PJI.. 

Subject: Re: Invoice 

To: 

Alan Long (alan.long®yahoo.com) 

Yancey. Rushton @faa.gov; 

Date: Fnday, October 5, 2012 2:56 PM 

Yes I paid team financial and Shawn flowers's invoice, nothing to Lollar. 

Also, Steven Pickett called me and asked if he could get my credit card to run for fuel for the flight so it 

wouldn't go through BFC. That was the day after the flight. 

On Oct 5, 2012, at 2:15PM, Yancey.Rushton@faa.gov wrote: 

Dr. Long: 

Have you paid anything yet for the flight to Destin? Specifically, did you know the plane was owned by Team 

Financial, Inc and were you expecting an invoice from the or were you expecting an invoice from the 

Birmingham Flight center for everything? This piece of information is critical because I am trying to 

establish whether or not BFC was serving as a Direct Air Carrier, which basically means that you called 

them and they arranged everything and you pay them. That's sort of a laymens way of looking at it but the 

definiUon in a nutshell. 

Thanks 

Have a good weekend. 

Yancey Rushton 

Direct Air Carrier: means a person who provides or offers to provide air transportation and who has control 

over the operational functions performed in providing that transportation 

about: blank 

LONG000509 

Page 1 of 1 
Print 

Subject: Please contact Steven Pickett 

.'rom: 

To: 

Dr. Long, 

bfcllc@windstream.net (bfcllc@windstream.net) 

alan.long @yahoo. com; 

Friday, Octoller 12, 2012 9:27 PM· 

8(21/15, 3:50 p~ 

If you have time this weekend, I would appreciate the opportunity to speak with you on the phone or meet 

with you in person. I am on a trip on Saturday, but I will be available by phone. Sunday, I am available in the 

afternoon. Please, let me know what your preference is. I think it is important for us to talk. 

Thank you for your time, 

Steven Pickett 

about:blank Page 1 of 1 

LONG000510 
Prtnt 8/21/lS, 3:53 I'W 

Subject: Re: loan docs N148SB 

.--rom: 

To: 

Date: 

Alan, 

Steven Pickett (bfcUc@yahoo.com) 

alan.long@yahoo.com; 

Fnday, August31, 201210:11 AM 

Thank you for looking at it for me. 

Steven 

From: Alan Long <alan.long@yahoo.com> 

To: Steven Pickett <bfcllc@yahoo.com> 

Sent: Thursday, August 30, 2012 1:40 PM 

Subject: Re: loan docs N14BSB 

Steven, after talking with my accountant it looks like we've got everythlng pretty well tied up right now. I'm 

sorry we won't be able to help. 

On Aug 29, 2012, at 6:14PM, Steven Pickett <bfcllc@yahoo.com> wrote: 

Alan, 

Thank you for looking at this for me. The other guy in this is a friend of mine that is a captain for 

FED EX he lives here in Birmingham but will be based in Chlna for the next year. His wife and 

kids will still be here, so he will be back every few months for 3 or 4 weeks at a time. 

Steven 

----Forwarded Message-----

From: Steve Helmers <stevhelm@yahoo.com> 

To: "bfcllc@yahoo.com" <bfcllc@yahoo.com> 

Sent: Friday, August 17, 2012 3:17PM 

Subject: Fw: loan docs N148SB 

-- Forwarded MessageFrom: Steve Helmers <stevhelm@yahoo.com> 

To: Steven Pickett <bfcllc@windstream.net> 

Sent: Friday, August 17,20121:54 PM 

Subject: loan docs N148SB 

about: blank 

LONG000511 

Page 1 of 
Print 8/21/15, 3:53 p~ 

<I.oan for_N14S_SB'-".PuD,LFL>-::__ ___________ . 

about:blank Page 2 of 

LONG000512 
Loan Agreement ~-

The following is an agreement to procure a loan in the amount 

of .$89,000.00 for the purpose of refinancing a current loan for 

N148SB, a Piper PA30 Twin Comanche S/N 1148. 

Steven Pickett and Stephen Helmers, together, agree to pay to 

-----~--··----------the sum of$700.00 per month for 

eighty-four (B4} consecutive months due on the 1" day of each 

month for a total of $58,800.00 with a balloon payment ot 

$5.5,975.11 due no later than September L 2019. The loan 

terms are as follows: $89,000.00 G.il 5.0% for 7 years with a 

batloon payment of $55, 975.11 due at the end of 84 months. 

This [oan will be secured by an Aircraft Security Agreement to 

be completed by aH parties involved in this agreement and 

filed with the FAA. Upon the satisfactory completion of the loan 

requirements, the AircrMt Security Agreement will be 

considered null and void and the Joan holder must file any 

required Release of Liens. 

Steven Pickett Date Date 

Stephen Helmers Date 

LONG000513 
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LONG000515 
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LONG000516 
Alan Long, M.D. 

From: 

Sent: 

To: 

Subject: 

Dr. Long, 

Chris.Stevenson@faa.gov 

Wednesday, September 30, 2015 7:58 AM 

Alan Long, M.D. 

Birmingham Flight Center Hearing 

I wanted to update you on the status of the hearing concerning Birmingham Flight Center. When we had spoken before 

that hearing was scheduled for November 2015. The hearing has now been continued, and will not take place in 

November 2015. The hearing was continued to allow for resolution of discovery disputes and for the filing of motion 

that may resolve the case without hearing. The hearing is now scheduled for the week of September 12, 2016. 

Additionally, Birmingham Flight Center has requested that the Judge in this case issue subpoenas to you (and Aviation 

Services Group) to produce certain documents in this matter. If and when you receive such a subpoena, please contact 

me (or have your attorney contact me). The requests appear to be improper in whole or in part, in that we are past the 

point in this litigation where new discovery requests have been made, and in that the requests appear to seek 

documentation that is not relevant to this case. You and your attorney may, of course, be able to identify other 

problems with regards to this request. If you receive the subpoena, you will be required to comply with it unless 

something is filed with the court seeking relief from the subpoena. 

Christopher Stevenson 

\ttorney 

Jffice of the Chief Counsel 

Enforcement Division -Southern Team 

{404) 305-5208 

1 LONG000517 
Alan long, M.D. 

from: 

Sent: 

To: 

Subject: 

Alan Long, M.D. 

Wednesday, September 30, 2015 8:02AM 

'Chris.Stevenson@faa.gov' 

RE: Birmingham Flight Center Hearing 

Thank you for the update. I will let you know if or when I receive that 

From: Chris.Steve nson@faa.gov [mailto:Chris.Stevenson @faa .gov] 

Sent: Wednesday, September 30, 2015 7:58AM 

To: Alan Long, M.D. <along@skindxgroup.com> 

Subject: Birmingham Flight Center Hearing 

Dr. Long, 

I wanted to update you on the status of the hearing concerning Birmingham Flight Center. When we had spoken before 

that hearing was scheduled for November 2015. The hearing has now been continued, and will not take place in 

November 2015. The hearing was continued to allow for resolution of discovery disputes and for the filing of motion 

that may resolve the case without hearing. The hearing is now scheduled for the week of September 12, 2016. 

Additionally, Birmingham Flight Center has requested that the Judge in this case issue subpoenas to you (and Aviation 

Services Group) to produce certain documents in this matter. If and when you receive such a subpoena, please contact 

'lle (or have your attorney contact me). The requests appear to be improper in whole or in part, in that we are past the 

,Joint in this litigation where new discovery requests have been made, and in that the requests appear to seek 

documentation that is not relevant to this case. You and your attorney may, of course, be able to identify other 

problems with regards to this request. If you receive the subpoena, you will be required to comply with it unless 

something is filed with the court seeking relief from the subpoena. 

Christopher Stevenson 

Attorney 

Office of the Chief Counsel 

Enforcement Division -Southern Team 

(404) 305-5208 

1 LONG000518 
Alan long, M.D. 

From: Alan Long, M.D. 

Sent: 

To: 

Tuesday, October 27, 2015 10:00 AM 

'Chris.Stevenson@faa.gov' 

Cc: 

Subject: 

Attachments: 

'Levy, Jack' 

FW: Attached Image 

0158_00l.pdf 

Attached is a subpoena re: Birmingham Flight Center. They are requesting a lot of information. 

The subpoena is dated 9/23/2015, 

It was mailed 10/21/2015. 

It was received 10/26/2015. 

I opened it this morning, 10/27/2015. 

From: scan user 

Sent: Tuesday, October 27, 2015 9:50AM 

To: Alan Long, M.D. <along@skindxgroup.com> 

Subject: Attached Image 

1 LONG000519 
U.S. DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

CIVIL PENALTY SUBPOENA 

In the Matter of: Docket No.: 

Binninehl'lm Flight Center. Inc, FDMS No.: FAA-2014-0867 

Issued on: 9/23/2015 

To: J.Aian Long. MD. 3512 Old Montgomerv Highway. Homewood. AL 35209 

Under 14 C.F.R. § 13.228(a), YOU ARE REQUIRED: 

0 To appear and testifY before an Administrative Law Judge of the Department of Transportation 

at: 

in the city of ----------- on the ______ day of _______ _ 

at _____ am 

0 To appear and testify at a deposition to be conducted by: 

at: 

in the city of ----------- on the ______ day of --------

at _____ am 

~ To bring with you and urqdu,c~ the following documents, records, papers, books, and tangible items: 

See attacliea naer. 

I fyou have any questions about this subpoena, contact 

20 __ , 

20 

at this address and telephone number: ----------------------------

Hearing Docket Clerk 

Authority: 14 C.P.R. § 13.228; 49 U.S.C. §§ 5121 and 1.4 70)( I), or 49 U.S.C §§ 46104 and 106(g)(l) 

ANY PERSON WHO DOES NOT OBEY THIS SUBPOENA IS SUBJECT TO 

FINE OR IMPRISONMENT OR BOTH UNDER 49 U.S.C § 46313. 

LONG000520 
RETURN OF SERVICE 

I CERTIFY that a duplicate I ar~( circle one) of this subpoena was served on the 

person named in the subpoena 

by: U. s <'.ecfif. e,f Mo ;t 

at ¥/2 old fVioY!fe onw-y 

on the :2./ ~ day of C)c/IJ6u= 

LONG000521 
U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS, WASHINGTON, DC 

IN RE: Birmingham Flight Center, Inc. ) 

) 

) 

Docket No. FAA-2014-0867 

Judge J.E. Sullivan 

Respondent. FAA Case No, 20 12S0090053 

SUBPOENA RIDER 

(J. Alan Long, MD) 

Please produce the following documents: 

1) All memoranda, e-mail transmissions, correspondence and documents 

received from Aviation Services Group and its agents and employees (including but not 

limited to Bob Kent and Rhonda Masters) by J. Alan Long, M.D. for the period of 

January 2011 to and including December 31,2012. 

2) All memoranda, e-mail transmissions, correspondence and documents sent 

to Aviation Services Group and its agents and employees (including but not limited to 

Bob Kent and Rhonda Masters) by J. Alan Long, M.D. for the period of January 201 1 to 

and including December 31,2012. 

3) All memoranda, e-mail transmissions, correspondence and documents 

received from Binningham Flight Center and its agents and employees by J. Alan Long, 

M.D. for the period of January 2011 to and including December 31, 2012. 

4) All memoranda, e-mail transmissions, correspondence and documents sent 

to Birmingham Flight Center and its agents and employees by J. Alan Long, M.D. for the 

period ofJanuary 2011 to and including December 31,2012. 

5) All memoranda, e-mail transmissions, correspondence and documents 

received from Premier Group (including but not limited to its employees and its 

President, J. Steven Allen, Jr.) by J. Alan Long, M.D. for the period of January 2011 to 

and including December 31, 2012. 

6) All memoranda, e-mail transmissions, correspondence and documents sent 

to Premier Group (including but not limited to its employees and its President, J. Steven 

Allen, Jr.) by J. Alan Long, M.D. for the period of January 2011 to and including 

December 31, 2012. 

7) All memoranda, e-mail transmissions, correspondence and documents 

received by J. Alan Long MD from FAA Employees, Yancey Rushton, Pat Bruce, Clay 

Perkins and David Hargett, for the period of January 20 II to the present. 

l!Page 

LONG000522 
Sender. 

E 1 BARNETT & 

- ~ : W AU KEG AN ROAD, SUITE 200 

, i GLENVJEW, IL 60025 

~ I! 

i 

~tl 

"'' 

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I 

$6.96Q 

US POSTAGE 

FIRST .CLASS 

FROM60014 

OCT212015 

"' ·~ 

J. Alan Long, MD 

3512 Old Montgomery 

Homewood AL 35209 

I• ulp i•fl •l•I!JIJ • !It!• • ,tuml• It• ,1 "Ji 

LONG000523 
Alan long, M.D. 

From: 

Sent: 

To: 

Cc: 

Subject: 

Dr. Long, 

Chris.Stevenson@faa.gov 

Tuesday, October 27, 2015 1:20 PM 

Alan Long, M.D. 

jlevy@babc.com 

RE: Attached Image 

I would like to speak with you and/or your attorney (at your option) about responding to this subpoena. As I mentioned 

the last time we interacted, discovery is closed in this case (and was closed even before Respondent obtained the 

subpoena, which I note is dated almost a month before it was served). Many of the questions seem overbroad as well, 

but I can't speak as to how burdensome they would be without your input. An objection and/or motion to quash to 

some or all of the requests can come from my office or directly from you (presumably through your attorney). Please 

give me a call (and/or have your attorney give me a call) and we can discuss what response (objection, motion, 

compliance, or otherwise) is appropriate. 

Thank you, 

Christopher Stevenson 

Attorney 

Office of the Chief Counsel 

"nforcement Division- Southern Team 

,404)305-5208 

From: Alan Long, M.D. [mailto:along@skindxgroup.com] 

Sent: Tuesday, October 27, 2015 11:00 AM 

TG: Stevenson, Chris (FAA) 

Cc: Levy, Jack 

Subject: FW: Attached Image 

Attached is a subpoena re: Birmingham Flight Center. They are requesting a lot of information. 

The subpoena is dated 9/23/2015. 

It was mailed 10/21/2015. 

It was received 10/26/2015. 

I opened it this morning, 10/27/2015. 

From: scan user 

Sent: Tuesday, October 27, 2015 9:50AM 

To: Alan Long, M.D. <along@sldndxgroup.com> 

Subject: Attached Image 

1 LONG000524 
Alan Long, M.D. 

from: 

Sent: 

To: 

Subject: 

Alan Long, M.D. 

Tuesday, October 27, 2015 1:23 PM 

'Chris.Stevenson@faa.gov' 

RE: Attached Image 

Thanks. Jack will be contacting you today. 

From: Ch ris.Steve nson@faa.gov [mailto:Ch ris.Stevenson @faa .gov) 

Sent: Tuesday, October 27, 2015 1:20PM 

To: Alan Long, M.D. <along@skindxgroup.com> 

Cc: jlevy@babc.com 

Subject: P.E: Attached Image 

Dr. Long, 

I would like to speak with you and/or your attorney (at your option) about responding to this subpoena. As I mentioned 

the last time we interacted, discovery is closed in this case (and was closed even before Respondent obtained the 

subpoena, which I note is dated almost a month before it was served). Many of the questions seem overbroad as well, 

but I can't speak as to how burdensome they would be without your input. An objection and/or motion to quash to 

some or all of the requests can come from my office or directly from you (presumably through your attorney). Please 

give me a call (and/or have your attorney give me a call) and we can discuss what response (objection, motion, 

·ompliance, or otherwise) is appropriate. 

Thank you, 

Christopher Stevenson 

Attorney 

Office of the Chief Counsel 

Enforcement Division- Southern Team 

(404) 305-5208 

From: Alan Long, M.D. [mailto:along@skindxgroup.com) 

Sent: Tuesday, October 27, 2015 11:00 AM 

To: Stevenson, Chris (FAA) 

Cc: Levy, Jack 

Subject: FW: Attached Image 

Attached is a subpoena re: Birmingham Flight Center. They are requesting a lot of information. 

The subpoena is dated 9/23/2015. 

It was mailed 10/21/2015. 

It was received 10/26/2015. 

I opened it this morning, 10/27/2015. 

-=rom: scan user 

Sent: Tuesday, October 27, 2015 9:50AM 

1 LONG000525 
To: Alan Long, M.D. <along@skindxgroup.com> 

Subject: Attached Image 

2 LONG000526 
September 19, 2012 

Dr. Alan Long 

Alpha Delta Holdings LLC 

2316 Chester Rd. 

Birmingham, AL 35223 

Reference: Citation Jet 

N525LP 

September 18, 2012 

1.5 flight hours @ $1,3110.00 per flight hr. 

Invoice 

Number 0919 

Total Due: $1,950.00 

Please remit payment to Team Financial, 9709 Parkway Easl Suite D, 

Birmingham, AL 35215 

Payable upon receipt 

Thank you for your business! 

invoice 

EXHIBIT 

L LONG000504 
I 

Shawn Flowers 

fNVOl(E 

~l ~\,1.\\v 

51 'JI~ilady Crest Rd 

Adamsvme, Al. 35005 

205-492-9652 

ss.flowers@yahoo.com 

---------------------,=N~vu~~~E~NO~.~y~,s~-----------------------­

DATE September 20, 2012 

TO 

Shawn Rowers 

QUAtmTY 

1.00 

Alpha Delta Holdln!!' 

2316 Chester Rd. 

Birmingham, AL 35223. 

[Phone] 

Pilot 

Destin 

Trip 

CUSTOMER 10 100 

f PII.YMEMTTIRMS !IIlii Df<TE 

fDue upon receipt Due upon recelpt 

I DESCIUP11011 UNIT PRICE ! UNUtiTAL 

Pitot Day Rate 

Thanks~ I enjoyed Demonstrating the Jet for you l1! 

Make all checks- payable to Address above 

THANK YOU FOR YOUR BUSINESS! 

s 

I 

450.1111 $ 450.00 

SUBTOTAL s 450.00 

SALES TAX 

TOTAl $ 450.00 

LONG000505 
Print 8-/Zlt15, 3:02 Pf 

Subject: Fle: Trips 

From: 

To: 

blcllc@windstream.nei (bfcl!c@windstream.net) 

alan.long@yahoo.com; 

Date. Tuesday, Septembe1 4, 2012 10.35 PM . ---------------------

Alan, 

The CJis a 1.9 hr flight each way & it would cost about $7,840.00 round trip for the jet and fuel. Then 

$900.00 for the crew for the day. 

Steven 

----Alan Long <alan.long@yahoo.com> wrote: 

> Thx how about the price on the cj? 

> 

> 

> 

>On Aug 31,2012, at 12:48 PM, <bfcllc@windstream.nei> wrote: 

> 

>>Alan, 

>> 

>I got them all on the books. That CJ we can only take 5. That's why when we get you one I would get the 

vth seat. The 650 would be perfect for that run bigger and faster and you can take 8 if you want. It would be a 

1.5 hr flight in the 650 each way. $10,500.00 for the airplane and fuel round trip. Plus the crew is $1,000.00 

for the day. 

>> 

>>Steven 

>>----Alan Long <alan.long@yahoo.com> wrote: 

>>>Steven, 

>> 

> > Here are the trips we spoke about last night. 

>> 

>>Monday, Sept 10- Destin- Baron- depart BHM approx 0830 and depart DTS approx 1500 

>> 

>>Friday, Nov 2- Savannah, GA- Baron- depart BHM approx 1200 and depart Savannah Sat, Nov 3, 

approx 1600 EST 

>> 

>>Saturday, Mar 2 -Miami, FL- CJ- depart BHM approx 1200 and depart Miami approx 2330 EST 

>> 

>>Just wanted to coniirm that the CJ will ride 5 passengers and not 6. If we wanted to take one or two more 

would there be something to accomodate like a II/Sll or would the 650 be all that would possibly be 

available. 

>> 

'>Thanks. 

aboutbtank Page 1 of 

LONG000506 
Print 

>> 

>Alan 

about: blank 

8/21/15, 3":02 PM 

Page 2 of 2 

LONG000507 
Print S./Zl/15, 3:41 PW 

Subject: Pilot Fees for 9-18-2012 

From: 

To: 

Justin Lollar Qustin.lollar@att.net) 

alan.long@yahoo.com; 

-Dare:------sm !day, Septe!nber23;-2'fr6t:l2>-:2:t.22i61H'PMMI-----

Dear Dr. Long 

Good afternoon sir and I hope all has been well. Due to the change in plans on Tuesday's flight, the billing 

will be different than usual for the flight. The pilot fee for myself on the day is $400. It can be mailed to my 

home address at 

6786 Deerfoot Drive 

PinsonAL, 35126 

since the Birmingham flight center was uot an official manager of the aircraft used for the demo flight 

everything will be done separately from the flight center. 

I want to thank you for very much for allowing me to fly you and I look forward to our next meeting. Have a 

blessed day and I will talk to you soon. 

Justin M. Lollar 

-1mmercial Pilot Services 

~FI 

aOOut::b!ank Page 1 of 

LONGDD0508 
Print 8/21[15, 3;33 p~ 

Subject: Re: Invoice 

From: 

To: 

Date: 

Alan long (alan.!ong@yahoo.com) 

Yancey.Rushton@faa.gov; 

Fnday, october 5, 2012 2:SSctP"'Ma-------------

Yes I paid team financial and Shawn :flowers's invoice, nothing to Lollar. 

Also, Steven Pickett called me and asked if he could get my credit card to run for fuel for the flight so it 

wouldn't go through BFC. That was the day after the flight. 

On Oct5,2012, at2:15 PM, Yancey.Rushton@faa.gov wrote: 

Dr. long: 

Have you paid anything yet for the flight to Destin? Specifically, did you know the plane was owned by Team 

Financial, Inc and were you expecting an invoice from the or were you expecting an invoice from the 

Birmingham Ffight center for everything? This piece of Information is critical because I am trying to 

establish whether or not BFC was serving as a Direct Air Carrier, which basically means that you called 

them and they arranged everything and you pay them. That's sort of a laymens way of looking at it but the 

definition in a nutshell. 

Thanks 

Have a good weekend. 

Yancey Rushton 

Direct Air Carrier: means a person who provides or offers to provide air transportation and who has control 

over the operational functions performed in providing that transportation 

about:blank 

LONG000509 

P-age 1 of 1 
Prtnt 

Subject: Please contact Steven Pickett 

From: 

To: 

bfcllc@windstream.net (bfcllc@windstream.net) 

alan.long@yahoo.com; 

-i'lD"'a"le"":--tl"~,-;,;,d"'ay",-ro"'ctober 12, 20 12 9:27 PM ·· ----

Dr. Long, 

8!21/15, 3:50 Pi\1 

If you have time this weekend, I would appreciate the opportunity to speak with you on the phone or meet 

with you in person. I am on a trip on Saturday, but I will be available by phone. Sunday, I am available in the 

afternoon. Please, let me know what your preference is. I think it is important for us to talk. 

Thank you for your time, 

Steven Pickett 

about:blank Page, 1 of 1 

LONG000510 
G.lan long, M.D. 

From: 

Sent: 

To: 

Subject: 

Dr. Long, 

Chris.Stevenson@faa.gov 

Friday, August 21, 2015 4:10 PM 

Alan Long, M.D. 

RE: Address 

Discovery technically ends today. However, the Respondent did not actually get in touch with me about discovery until 

two days ago. So we are going to be continuing to provide each other with information past the close of discovery. 

Christopher Stevenson 

Attorney 

Office of the Chief Counsel 

Enforcement Division- Southern Team 

(404) 305-5208 

----Original Message----

From: Alan Long, M.D. [mailto:along@skindxgroup.com] 

Sent: Friday, August 21, 2015 5:04PM 

To: Stevenson, Chris (FAA) 

Subject: Re: Address 

I'm working on getting this all out to you today for delivery by Monday. When does discovery end? 

>On Aug 21, 2015, at 4:01PM, "Chris.Stevenson@faa.gov" <Chris.Stevenson@faa.gov> wrote: 

> 

>Dr. Long, 

> 

>That is the correct address. 

> 

>Thank you, 

> 

>Christopher Stevenson 

>Attorney 

>Office of the Chief Counsel 

> Enforcement Division- Southern Team 

> (404) 305-5208 

> 

> 

>-----Original Message---

> From: Alan Long, M.D. [mailto:along@skindxgroup.com) 

>Sent: Friday, August 21, 2015 4:59 PM 

>To: Stevenson, Chris (FAA) 

Subject: Address 

EXHIBIT 

M 

1 LONG000487 
>Can you confirm your mailing address? 

> 

·Office of Regional Counsel 

>Attn: Chris Stevenson 

>PO Box 20636 

>Atlanta, GA 30320 

> 

>Thanks. 

2 LONG000488 
C:rom: 

Sent: 

To: 

Subject: 

Alan Long, M.D. 

Wednesday, September 30, 2015 8:02AM 

'Chris.Stevenson@faa.gov' 

RE: Birmingham Flight Center Hearing 

Thank vou for the update. I wiH let you !mow if or when! receive that. 

From: Ch ris.Stevenson @faa .gov [m ailto:Chris.Stevenson @faa.gov] 

Sent: Wednesday, September 30, 2015 7:58AM 

To: Alan Long, M.D. <along@skindxgroup.com> 

Subject: Birmingham Flight Center Hearing 

Dr. Long, 

I wanted to update you on the status of the hearing concerning Birmingham Flight Center. When we had spoken before 

that hearing was scheduled for November 2015. The hearing has now been continued, and will not take place in 

November 2015. The hearing was continued to allow for resolution of discovery disputes and for the filing of motion 

that may resolve the case without hearing. The hearing is now scheduled for the week of September 12, 2016. 

Additionally, Birmingham Flight Center has requested that the Judge in this case issue subpoenas to you (and Aviation 

Services Group) to produce certain documents in this matter. If and when you receive such a subpoena, please contact 

me (or have your attorney contact me). The requests appear to be improper in whole or in part, in that we are past the 

oint in this litigation where new discovery requests have been made, and in that the requests appear to seek 

documentation that is not relevant to this case. You and your attorney may, of course, be able to identify other 

problems with regards to this request If you receive the subpoena, you will be required to comply with it unless 

something is filed with the court seeking relieffrom the subpoena. 

Christopher Stevenson 

Attorney 

Office of the Chief Counsel 

Enforcement Division- Southern T earn 

(404) 305-5208 

EXHIBIT 

N 

LONG000518 
Alan l.ollg, M.D. 

~rom: 

Sent: 

ira: 

5t!bje<t: 

Alan Long, M.D 

Tuesday, Odober 27, 2015 1:23 PM 

'Chris.Stevenson@faa.gov' 

RE: Attached Image 

Thanks. Jack wlH be conta-Cting you today. 

From: Chris.Stevenson@faa .gov [mailto:Chris.Stevenson@faa .gov] 

Sent: Tuesday, October 27, 2015 1:20 PM 

To: Alan Long, M.D. <along@skindxgroup.com> 

Cc: jlevy@babc.com 

Subject: RE: Attached Image 

Dr. Long, 

i \Nould like to speak vJith you and/or your attorney (at your option) about responding to this subpnena. As 1 rnentioned 

the last tl!ne we interacted, discovery is dosed in this case (and was closed even before Respondent obtained the 

.subpoena, which! note ls dated almost a month before it was served). Many of the questions seem overbroad as well, 

but i can't speal< as to how burdensome they would be without your input. An objection and/or motion to quash to 

sorne or ail of the requests can come from my office or directly frorn you (presumably through your attorney), Please 

give r-ne a call {ancl/or have your attorney give me a call) and we can discuss what response (object!Dn, motion, 

comjJ!iance, or otherwise) is appropriate. 

Than f.: you, 

Christopher Stevenson 

,fl,ttorne)l 

Office of the Chlef Counsel 

Enforcement Division~ Southern Team 

(4041305-5208 

from: Alan Long, M.D. [rnaHto:a!onGiillskJndxgJ:Q.ldQJ:_QfU] 

Sent: Tuesday, October 27, 2015 11:00 AM 

To: Stevenson, Chris (FAA) 

Cc; Levy, Jack 

Subject: FW: Attached Image 

Attached is a subpoena re: Birmingham Flight Center. They are requesting a lot of information 

The subpoen?J is dated 9/23/2015. 

ft was maHed 10/21/2015. 

tt was received 10/25/2015. 

l opened it this morning, 10/27/2015. 

FrmYl: scan user 

cen<: Tuesday, October 27, 2015 9:50AM 

EXHIBIT § 

__ .::..o __ i 

~ 

1 LONG000525 
To: Alan Long, M.D. <along@skincl>cgroup.con}> 

Subject: Attached Image 

2 LONG000526 
U.S. Department 

of Transportation 

Federal Aviation 

Administration 

VIA CERTIFIED MAIL 

Paul R. Borth 

Bamett & Borth, LLC 

800 Waukegan Road, Suite 200 

Glenview, IL 60025 

facsimile: (815) 356-7042 

email: prb@barnettlegal.com 

Office of the Chief Counsel 

Re: FAA v. Birmingham Flight Center, FAA-2014-0867 

Mr. Borth: 

Enforcement Division 

Southern Team 

1701 Columbia Avenue 

College Park, GA 30337 

EXHIBIT 

p 

I am writing in response to your September 29, 2015 letter, which concerned alleged deficiencies 

in the FAA's discovery responses. 

The bulk of your letter concerned expert requests for production 2-4 and requests for production 

5-7, 10, and 12. Each of these request for production asked the FAA to produce documents 

related to its expert \vitnesses. You assert that FAA Aviation Safety Inspectors Rushton and 

Hargett are expert \Vitnesses, and specifically expert witnesses that fall within the scope of Rule 

26(a)(2)(B). You are mistaken. As an initial matter, even if these witnesses had been identified as 

expert witnesses, they do not fall \vithin the scope of Rule 26(a)(2)(B). The duties of an Aviation 

Safety Inspector do not regularly involve giving expert testimony. Regardless, none of these 

witnesses has been identified as an expert witness in this case. As the FAA noted in response to 

Interrogatory I 1, Respondent has not presented any sort of legal or factual defense in this case. 

There is, at this point in time, nothing in dispute upon which these witnesses, or any witnesses, 

could offer a relevant expert opinion. I note, in this regard, that (1) during the August 31, 2015 

motion conference you were unable to identify any disputed issue in this case and (2) when 

specifically asked by the Judge during that conference about the lack of expert identification, you 

stated that "this is a very back [to] school scenario that's really not about my expert versus their 

expert in terms of flying or in terms of the operation of the flight center." If Respondent could 

actually identify some issue that is in dispute in this case, upon which expert or opinion 

testimony would be appropriate, then the FAA will supplement its discovery responses as 

appropriate. However, at this time Respondent has not made any such identification. 

With regards to those requests for production, and also requests for production 24 and 25, you 

also complain that the FAA has not produced a privilege log, or other document complying with 

Rule 26(b )(5)(A), with regards to the FAA's assertion of privilege. With regards to the discovery 

requests other than request for production 24 or 25, the FAA notes that, as specified in those 
responses, no such documents exist, inasmuch as the documents sought related to expert 

witnesses, and no expert witnesses have been identified. 

With regards to request for production #24, the FAA has already provided the information 

required by Rule 26(b)(5)(A), which asks a party to expressly make the claim of privilege and 

"describe the nature of the documents, communications, or tangible things not produced or 

disclosed-and do so in a marmer that, without revealing information itself privileged or 

protected, will enable other parties to assess the claim." The FAA expressly asserted its claim of 

privilege. Further, Respondent is well aware of the nature of the document not fi.1lly produced, 

inasmuch as Respondent asked for that specific document and a redacted version of that 

document was previously produced. The information required by Rule 26(b)(5)(A) has been 

produced. 

With regards to request for production #25, the FAA has also already provided the information 

required by Rule 26(b)(5)(A). As the FAA noted in its discovery response, the documents 

withheld include the report already discussed in the paragraph above. As the FAA further noted, 

the documents withheld include attorney-client materials, the privilege of which is 

unquestionable and the contents of which need not be further described -the FAA is not required 

to specifically list out every single e-mail between counsel and client in order for Respondent to 

be able to determine that this is a legitimate assertion of privilege. The FAA is not somehow 

required to update its discovery responses every time the undersigned exchanges e-mails with an 

inspector involved in this case. Similarly, any written discussion that may exist between the FAA 

inspectors concerning how their investigation was to be conducted are clearly covered by the 

deliberative process privilege. The FAA fi.ni.her notes that, although the FAA objected to this 

req nest for production on the basis that the request covered documents that, if they existed, 

would be covered by the deliberative process privilege, no particular documents were withheld 

on this basis beyond portions of the EIR. 

Further, I note that in your letter you assert that you seek a privilege log "so that an in camera 

inspection may be conducted." You appear to mistake the purpose of a Rule 26(b)(5)(A) 

disclosure. The purpose of providing the information in Rule 26(b)(5)(A) is not to enable in 

camera review of documents, it is to eliminate the need for it. The information provided 

accomplishes that objective, and Respondent has no basis to question the validity of the 

application of the attorney-client or deliberative process privileges in this case. Indeed, it is 

difficult to see what basis Respondent could assert - every communication between counsel and 

client about a case is unquestionably covered by the attorney-client privilege. Accordingly, it is 

difficult to see how a request for in camera review could be made in good faith. 

With regards to interrogatory 7, you assert that the FAA's response gives no indication of what 

the Aviation Safety Inspectors will testify. On the contrary, the FAA's response to interrogatory 

#7 incorporates by reference the statements contained in the EIR (such as lOPs 12, 14, 16, 17, 

18, and 28). Each of these records of conversation describes in detail the contents of that 

conversation, and who was present, including which inspectors were present. As noted in the 

response to interrogatory 7, each inspector is expected to testify as described in those statements. 

2 
In interrogatory 8, Respondent asked the FAA to identify documents used to support the FAA's 

claims as charged in the Complaint. As the FAA noted, the applicable documents are those 

contained in the ETR. In your letter, you complain that the FAA has not provided a list of 

documents that "will be used" in this case, and assert that Respondent is unaware of which 

documents the FAA will actually use to support its case. As an initial matter, your letter appears 

to misread interrogatory 8. Interrogatory 8 did not ask the FAA to identify documents that it 

might use at hearing. Interrogatory 8 asked the FAA to identify documents "relied upon" to 

support the allegations in the Complaint. That past tense question is fully and precisely answered 

by identifying the IOPs in the EIR, which are exactly the documents relied upon by the FAA to 

support the allegations in the Complaint. I further note that the question of what documents the 

FAA will use at hearing was asked and answered in interrogatory 9. 

Interrogatory I 0 asked the FAA to identify any documents that are self-authenticating or for 

which the FAA would seek judicial notice. As an initial matter, the interrogatory also asked the 

FAA to identify documents that "are considered judicial admission." The FAA notes that it 

overlooked this third category. The FAA hereby supplements its response to this request by 

noting that it may use as judicial admission any past or future representation that Respondent 

may make in this litigation, including Respondent's statements at motion conferences, 

Respondent's filings with the Court, and Respondent's discovery responses, including 

Respondent's descriptions of the circumstances surrounding the flights, Respondent's admissions 

in its Answer, and Respondents de facto admissions to the FAA's request to admit. In your letter 

you ask whether the FAA is waiving the potential use of other self-authenticating documents. As 

you are well aware, it is not. As the FAA expressly noted in its discovery response, it would 

anticipate relying on judicial notice with regards to FAA Order 2!50.3B, but that the FAA has 

not necessarily made determinations at this stage of the process about precisely how it will admit 

particular evidence at hearing (nor is the FAA required to have done so). 

Interrogatory II asked the FAA to identify interpretations or case precedent to be used in this 

case. In your letter you ask whether the FAA is waiving the ability to use such. As you are well 

aware, and as the FAA explicitly stated in its discovery response, the FAA is not waiving 

anything. As stated in the discovery response, and as noted above, Respondent has failed to 

identify any material dispute in this case. As such, it is not evident at this point in time what 

citations would be necessary. As noted earlier in this letter, Respondent is welcome to identify 

some factual or legal issue in this case, upon which the FAA might need to cite regulatory 

interpretations or case precedent. The same is true with regards to request for production 16, 

where Respondent sought production of documents such as regulatory interpretations. 

;' 

Sincerely, 

CHRISTOPHER R. STEVENSON 

Attorney 

Office of the Chief Counsel- Enforcement Division, Southern Team 

3 
U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

In The Matter Of: 

BIRMINGHAM FLIGHT CENTER, INC. 

Respondent. 

Docket No. FAA-2014-0867 

Judge J.E. Sullivan 

FAA Case No. 2012S0090053 

RESPONSE TO RESPONDENT'S SUPPLEMENTAL REQUEST FOR PRODUCTION 

The FAA hereby responds to Respondent's Supplemental Request for Production of 

Documents: 

28. Objection, untimely. Discovery in this matter closed on August 21,2015. 

Respondent's Supplemental Request for Production of Documents was not served tmtil 

September I 8, 2015. While the Judge granted the FAA's request to amend the existing schedule, 

that request expressly excluded a complete re-opening of discovery, and there is no reference in 

the Judge's September 1, 2015 Order to discovery beyond the parties responding to existing 

discovery requests, and resolving disputes about those requests. 

v~ Submitted this 2. 'i. day of September, 2015. 

/~~<('---~ CHRISTOPHER R::Sfli:VENSON 

Attorney 

Office of the Chief Counsel- Enforcement Division, Southern Team 

EXHIBIT § 

~ 

j ---"a __ ~ 
CERTIFICATE OF SERVICE 

I hereby certifY that the foregoing FAA's Response to Respondent's Supplemental Request for 

Production was sent via certified mail to: 

Paul R. Borth, Esq. 

Barnett & Borth, LLC 

800 Waukegan Road, Suite 200 

Glenview, IL 60025 

facsimile: (815) 356-7042 

SEP 3 0 2015~ 

Dated 
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EXHIBIT E 

l _ ___:c:....__ R ~ •