### In the Matter of: ) ) 

### BIRMINGHAM FLIGHT CENTER, INC. ) ) 

### Respondent. ) DocketNo. 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 ofCivil 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 ofthe 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 TheFAA's compliance: On March 16,2013, Respondent's counsel requested the FAA to produce the ·releasable portions ofthe Enforcement Investigation Report (EIR) concerning this matter. (See ExhibitA). 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 of50 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•

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### 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 ofthe 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. TheAdministrator'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 EIRdisclosed by the Administrator pursuant to Rule 26 consisted ofthe 50 pages previously produced. (See Exhibit C). On September l, 2015, this Courton 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 Orderprovides that: "On orbefore 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 ofall statements (oral, written, or transcribed, signed orunsigned) by parties or witnesses to this matter, including but not limited to individuals who: has or claims to have knowledge ofany ofthe facts specified in the Final Notice ofProposed 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 sentto 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 ofseven (7) additional pages ofdocuments, the Administrator did not produce any further documents responsive to the above referenced Requests for Production. The total number ofdocuments 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 ofTransportation 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-mails transmitted to and from Dr. Long and the Administrator's investigators and attorneys in similar fashion to the Respondent's requests for production ofdocuments #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 ofe-mails and other pertinent information responsive to Respondent's subpoena rider requests numbers 7 through l0. (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 ofthese documents coincident with Dr. Long's disclosure ofthe documents to Respondent's counsel. However, an e-mail ofDr. 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 ifor 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 ofdocuments to Respondent's counsel on September 18, 2015 and that these documents were among the 87 pages ofdocuments provided by Dr. Long in his subpoena compliance ofNovember 3, 2015. The documents disclosed by Mr. Stevenson on September 18,2015 are identical to and in the same sequential order as some ofthe 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 thejudge in this case issue subpoenas to you (and Aviation Services Group) to produce certain documents in this matter. Ifand 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 thatwe are past the point in this litigation were new discovery requests have been made, and in thatthe requests appear to seek documentation that is not relevant to this case. You and/oryour attorney may, of

### course, be able to identify other problems with the regards to this request. Ifyou receive a subpoena, you will be required to comply with it unless something is file with the court seeking relieffrom the subpoena. (See Exhibit N)(Emphasis supplied). On October27,2015, Mr. Stevenson sent an e-mail to Dr. Long that stated: Iwould like to speak with you and/or your attorney (at your option) about respondingto this subpoena. As I mentioned last time we interacted, discovery is closed in this case (and was closed even before respondent obtainedthe subpoena, which I note is dated almost a month before it was served). 

### Many ofthe questions seem overbroad as well but I can'tspeak as to how burdensome theywould be withoutyour input. Objection and/or motion to quash to some or all ofthe requests can come by way ofmy office or directly from you (presumably through your attorney). Please give me a call (and/orhave 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 ofDr. Long to move to quash Respondent's subpoenawas preceded by his urging ofRespondent'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 letterto 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 

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### the basis that the request covered documents that, ifthey existed, would be covered by the deliberative process privilege, no particular documents were withheld on this basis beyond portions ofthe 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 ofall discoverable documents other than those that are cloaked with attorney work productprivilege. Clearly, the subject documents are not privileged. But for the issuance ofthe subpoenato Dr. Long, these documents would never have seen the 1 ight ofday. b. Sequestered Documents Discovered in Dr. Long's Subpoena . Compliance. While the EIR that was produced in this case does contain selectedemails, statements and documents, a significantnumber ofemails 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 ofdocuments. A comparison ofthe documents contained in the ElR and those produced in Dr. Long's subpoena compliance for Rider requests numbers 7through 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 ofdocuments produced by the respective individuals. Almost all ofthe documents



## 61 1.' ., '.' . ' ·-

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### sequestered by the Administrator are ofparticular significance to this case.2 

### Some examples ofthe 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 Respondentto seek out airplanes to purchase (including the aircraft used for the subject demonstration flight), the fact that the Respondent sent Dr. Long operatingcost projections for the model aircraft used for the demonstration flight (among others), Dr. Long'sprior interaction with Premier Group (the aircraft brokerthat arranged the demonstration flight with one ofits 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 similarjetin demonstration flight(s), and the statement: "I called Steven Pickettthat 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 ofit. Later that night I received an email from StevenAllen Jr. thanking me for the demo flight. It was atthat point Iassume 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 ofFAA 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 howmany other documents have been sequestered concerning other witnesses or subjects beyond Dr. Long's subpoena compliance. 

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### 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 ofthe FAA were included in the ElR and copies were previously provided to the Respondent." (See Exhibit Fatp.2). Dr. Long's disclosure ofhis 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'sresponse to respondent's request to produce #2 is patently false. In addition, Respondent's request for production asked for "All correspondence and e-mails sentto or sent from Dr. Alan Long relatedto the subject flight. (See Exhibit Eat#18). The Administrator's response was: "In addition to documents previously produced, see attached. Additionally, the FAA notes thatthis request appears to seek documents that would primarily be in the possession ofpersons otherthan the FAA (or its employees), andthat the FAA makes no representations as to what documents third parties may possess." (See Exhibit Fat#18). Ifthese 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, PatBruce, 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 notwithstandingthose objections, all non-privileged documents have previously been produced." (See Exhibit F at #25). As is demonstrated by some ofthe 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 effortsto assist him in the location in potential purchase ofa citationjet and the background facts and his impressions concerning the subject demonstration flight. (See Exhibit 

### J at pp. LONG 474-475). Therevised 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 ofdocuments. The October I, 2012 statement ofDr. Long was buried by the Administrator. Butfor the diligence ofthe Respondent in seeking documents from Dr. Long, these documents would never have been unearthed. fn addition to the revelation ofDr. Long's initial statement, a number ofe-mails written by the Administrator'sprimary 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 ofFAA Order 2150 were uncovered in Dr. Long's subpoena compliance. These emails ofMr. 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
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### September 21, 2012. The tenor ofthat meeting can be gleaned by reading the opening portion ofMr. Rushton's record ofconversation drafted on September22,2012 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 initiallythreatened to call his attorney. I encouraged him to do that and decided I wouldjustleave and meet with him another day. He cooled down quicklythough and asked me to stay. He proceeded to tell me that he didn't wantto get caught up in anything and that was the reason for his frustration. He also explained thathe 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 ofDr. 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 ofthe pertinent emails sent by Mr. Rushton to Dr. Long follows: October3, 2012@ 7:49am: Thanks for your time last night. I was wouderiug ifyou knew whoyour insurance carrier was for the airplane 

### and ifyou have a copy ofthe 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 ifyou sign something, I give you my word that you will be left out ofthis. 

### You are new to aviation and arel1 

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## ,. relying on these more experienced aviators to help and guide ymL I need your help to stop this and I need you to look atyourwife and eight kids and think aboutwhat could've happened to you, your practice, and your family. ThanksDoc. I know you don'twant to be involved and I will keep you ontofthis 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'sright 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 thatpnts otherlives in assets at risk will notbe tolerated. That is what occurred here. This was not an innocent case ofa misunderstanding. BFC knew what they were doing and we are going to preventthis from happening again. It's not pleasantto see kids in innocent people burned /mutilated /and injured and especially unpleasant when yon know itwas all in the interest ofchasing the almighty dollar. (Exhibit J at p. LONG 451)(Emphasis Supplied). October4, 2012@ 3:36pm: I guess that should tell you something about the manager of your aircraft. You thinkyou would have been covered had something happened?? Good luck. Please keep all of this to yourselfto help us. Pickett does not need to know whatwe know. (ExhibitJ 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 justneed to remember that he flew your wife uninsured, allow Justin to fly uninsured, and used your plane (New Orleans) for his purposes, not yours. Iam all about helping people and understanding mistakes. This case is not about that. This is aboutgreed, and a complete lack ofconcern for others and safety all in the interestofmaking 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 Idon't care, but understand this, this is not his first rodeo. If

### he walks he will do this again to somebody elsejustlike you. He played with your assets

### and yourfamily's safety. He put ituninsured unqualified pilot in a planewithyourwife and family. Remember that I represent you and him and I have no interest in winning anything. Icare about lives and safety and I see a lot ofhorrible deaths from people tbat are qualified and fly planes they shouldn't be flying. Mistakes areone thing. Willful acts ofnegligence are another. Good night. (See ExhibitJ at pp. LONG 466-467) (Emphasis supplied) October 12,2012 @!1:10pm: One lastthing. Please understand, I am not outto get anyone. I'mjusttrying to protectyou, yourwife, me, and the random person on the street. Thiswascareless, disrespectful, and self-centered. It

### wasn't a[n] innocent mistakeitwascalculated 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 pilotwas not qualified, had no evidence that ofcrashes 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 EIRcompiled by Mr. Rushton contains no information or documents thatwould support any ofthe 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 ofa number ofthe witnesses in this case, one would thinkthat Mr. Rushton sought and received most ifnot 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. Ireceived 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'tthink her assume you would write such a letter but you mightknowthe people who did write this letter. Ifso, 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 ofproofis 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 highestprice so far. The other house ofcards will fall too though Ithink you will see the results you are hoping for. Bottom line, ifyou are talking with people who wrote methat lettertwo days ago, this FSDO is aware ofthe concerns and issues and we are working very hard to see thatjustice 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 ofthe Administrator and his agents in this case has demonstrated that the integrity ofthe FAA, the enforcementprocess 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 ofFAA 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 ofan apparent violator to be given objective, evenhanded consideration ofall 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 BCh. 2


### 131 i' " '' ,.**~g.** 

### The introductory remarks concerning the creation ofan EIR state that: "The Enforcement Investigative Report (EIR) is the means for documenting, assembling, organizing, and presenting ail evidence andother relevant information obtainedduring 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 ofthe EIR. To make matters worse, these documents were never disclosed by the Administrator's counsel when they were clearly part ofthe FAA's corporate memory and were subject to disclosure. Instead the Respondent received a selective, incomplete set ofdocuments that had been cherry picked priorto disclosure. Numerous otherdictates ofOrder2150.3 B were also either disregarded or were patently violated. Some ofthe relevant examples are cited and explained below. FAA Order2150.3 B dictates that: "FAA investigative personnel'srole in an investigation is to gather ail material, relevant evidence that eitherproves 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 ofevidence 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

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### 10 (c) (I0). Obviously not all 

### materials that may serve to disprove a potential violation was included in the EIR or disclosed. It is not
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### for the investigator to decide to leave potentially damaging information out ofthe EIR and it is not for the Administrator's counsel to leave this information out ofdiscovery compliance. The evidence provision ofFAA Order2150.3 B dictates that: "Evidence includes all the means 

### by which any alleged fact tends to be proved or disproved.,, IfFAA investigativepersonnel are unsure about the relevance ofa piece ofevidence, they secure and preserve the evidence and consult legal counseL" FAA Order2150.3 B Ch.4

**~** 

### 10 a. (Emphasis supplied). Here a wealth ofrelevant evidence was buried. To state that this new found evidence is not relevant to this action strains all notions ofcredibility. The communications with counsel provision ofFAA Order 2150.3 B dictates that: FAA investigative personnel share information and communicate as needed with legal counsel during an investigation and the processing ofenforcement 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 ofconfidentiality 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 ofthe interviewer. . FAA Order 2150.3 B Ch. 4

**~** 

### 10 (c) (3). Many ofthe investigator's statements contain personal opinions and surely some ofthe emails that Mr. Rushton sent to Dr. Long included promises of confidentiality as stated in one ofMr. Rushton's October 3, 2012 emails: "I give you my word that you will be left out ofthis... Thanks Doc. I know you don't want to be
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### involved and I will keep you out ofthis." (See Exhibit 

### J at p LONG 445). "Please keep all ofthis to yourselfto help us. Pickett does not need to know what we know." (Exhibit 

### J at p. LONG 458). The preparation ofwitness statements guidelines contained in FAA Order 2150.3 Bprovide, in part, that: "FAA investigative personnel do not dictate the content ofthe statement." FAA Order 2150.3 B Ch.4 4

## 'If 10 (c) (6). Perhaps Mr. Rushton did not dictate the content ofthe statements filed by Dr. Long after October 1, 2012, but he sure went out ofhis way to influence the thinking ofDr. Long by bringing out visions ofplane 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 ofrecords an authenticity ofrecords guidelines contained in FAA Order 2150.3 Bprovide, in part, that: FAA investigativepersonnel exercise care to assure that documentaryevidenceobtained is currentand applicable to the time of the violations in question and thatprior orlaterversions ofdocumentaryevidence 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 ofthe electronic evidence relevant to the investigation are printed out on discovery and included in the ElR." FAA Order2150.3 B Ch.4

## 'If I0 (c)(29). The electronic documents provision ofFAA Order 2150.3 B dictates that: "Forelectronic documents, FAA investigative personnel identify a witness who can testify the printout is a correct reflection ofthe 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 ofFAA Order


### 16!1' ·' 0 <:

### 2150.3 B dictates that: "'For e-mail messages, FAAinvestigative personnel identify as a possiblewitnessthe recipient ofthee-mail and include in the 

### EIRas an item of proofa signed statement from that witness stating the circumstances under which theemail message was received. When putting in an e-mail message as an item ofproof, FAA investigative personnel obtain the entire e-mail, including theoriginalmessage and all replies, aswell as the routing information.FAA Order2150.3 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 ofthe EIR and somewere disclosed in discovery but all ofthe emails cited above and many others were never disclosed or included in the EIRas 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) ofthat section that provides: (d) Failure to provide copy ofreleasable 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 ofthe EIR to the respondent by the time he or she serves the complaint on the respondent, the respondent may move to dismiss the complaint orfor other reliefand, unless the Administrator establishes good cause for that failure, the lawjudge shall order such reliefas 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 ofthe EIR and cannot meet any ofthe criteria for exception to the provisions of 49 CFR 821.19 (d) set forth in 49 CFR 821.19 (d)(2). No good cause


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### exists for the Administrator's violation ofthis rule. Accordingly, this Court should dismiss the Administrator's complaint with prejudice. 

### b. Violations ofFederal Rules ofCivil 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 orbecause it challenges the sufticiency ofanother party's disclosures orbecause another party has not made its disclosures. Rule 37(c) provides for alternative sanctions in addition to, orin lieu of, the sanction ofexclusion ofthe non-released discovery. The alternative sanctions are set up to provide relieffor the present situation where preclusion ofevidence is not an effective incentive to compel disclosure ofinformation 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 ofevidence, district courts may impose other appropriate sanctions. In addition to requiring payment ofreasonable 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 orproceeding or any part thereof, or rendering ajudgment 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 ifthe 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.,I05 F.3d 1251, 1252 (8 1 h 

### Cir. 1997). The strikingofpleadings orportions thereofis also a sanction thatmay be imposed in a case such as the present one. Second Chance BodyArmor, Inc. v. American BodyArmor, Inc., 177 F.R.D. 633, 637 (N.D. Ill. 1998). Dismissing or enteringjudgment as to partor all ofthe action is also a sanction that would be appropriate in this case. Wade v. Soo Line R.R. Corp. 500 F3d 559, 562 (7 1h 

### 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 ofthe signing of initial disclosures and responses. Rule 26(e) requires the Administrator to supplement, which in this case is rather moot in light ofthe factthatthe 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 ofdismissal is also appropriate when the nature ofthis case is considered. Being a case governed by the principles ofadministrative law, had this case been tried with the cherry picked EIR that the Administrator provided, the administrative record would be devoid ofall ofthe newly unearthed information and evidence and all appeals to this action would be reviewed on a bogus administrative record. Based on the



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### 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 respectfullyrequests that this Court grantthe Respondent's motion for sanctions, dismiss the Administrator's case with prejudice and impose such further sanctions as the Court deems proper andjust under all ofthe 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 ofHearings, M-20 U.S. Department ofTransportation 1200 New Jersey Ave. SE (£11-310) Washington D.C. 20590 Ihereby 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 ofthe Regional Counsel, AS0-7 Southern Region 1701 ColumbiaAvenue College Park, GA 30337 Via e-mail: Chris.Stevenson@faa.gov Dated: November 17,2015

PauIR. 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. ) DocketNo. FAA-20I 4-0867 Judge J.E. Sullivan FAA Case No, 2012S0090053 RULE 37 CERTIFICATION I hereby certify that Ihave in good faith attemptedto conferwith Administrator's counsel respecting discovery in this matter and that the Administrator's counsel has failed· to provide full and complete disclosure ofdocuments and the Administrator failed to provide a complete copy ofthe releasable portions ofthe EIR. The representations concerningdiscovery andthe EIR are contained in the Exhibits attachedto the foregoing briefand include, ExhibitF, P, and 

### Q. The subject matter ofthis 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. (847) 724-5520 Fax (815) 356-7042 prb@barnettlegal.com

### U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS, WASHINGTON, DC
Inthe Matter of: ) ) 

### BIRMINGHAM FLIGHT CENTER, INC. ) ) 

### Respondent. ) DocketNo. 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 CertifiedMail andfi:Jcsimi/e 404-305-5223 P.O. Box20636 Atlanta, Georgia 30320 RE: BirminghamFlightCenter 2012S0090053 DearMr. Johnson, I have the privilege ofrepresenting Birmingham FlightCenterregarding the abovereferenced FAAcivil penalty. Byway ofthis letter, we arerequesting aninformal conference to beheld atthe Great Lakes Region inDesPlaines, Illinois following ourreviewoftheEIR. Accordingly,please forward to this office all releasable portions ofthe EIRforthis matter. I look forward to discussing thismatterwithyou.

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 HrLLS AmroRT (3CK) • 8411 Pvon RoAD, SuiTE 110 • LAKE IN THE HILLS, ILUNOJS 60156
- 9704Steven & Sandi Pickett Birmingham Flight Center, LLC 4243 E. Lake Boulevard Birrnffigham, Alabama 35217 December 26,2012 Yancey Rushton Aviation Safety Inspector U.S. DepartmentofTransportation Federal AviationAdministration 

### 1500 Urban CenterDrive, Suite 250 VestaviaHills, Alabama 35242 Re: FileNo. 20!2S0090053 Letteroflnvestigation DearMr. Rushton: p.?



## •

Pursuantto the second Letter oflnvestigation (LOI) issued

**~y** the ASO-FSD0-09dated 14December 2012, (attch 1 ), 

### tills is a notice to the Administrator

### as to the apparentbreaches in protocol regarding the compulsory disclosure ofthe "Pilot'sBill ofRights" 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), withthe same file number, also referencingthe llight of18 September2012. It's apparentto methat the first letter was issued\Vithoutthe inclusion ofmy rights as dictated

### by Public Law 

### 12-153 which became effectivepriortothe flight in questionandpriorto the LOIdated 14October. Theprovisions o[Sec 2, paraB (2) a,b,c,d ofthelaw wouldhave alteredthe response and disclosures following the initial notificationbymyselfand possiblythe response ofMr. ShawnFlowers whose case has already been adjudicated. It'sreadily apparent that the disclosures ofl\1r. Flowers are also pivotal to the Administratorin the exccutia11 ofmy case. In addition to the violation thatMr. Flowers receivedinhis case, I feel thatthe evidence that the AdministratorreceivedfrombothMr. Flowers and myselfwere obtainedoutside ofthe provisions oflaw. 

### Itappearsthatthis is the Administrator's second attemptto notify andcollect evidence with regardsto

**th~** iligbt of 18 September2012, as ifany previous disclosures and submissions were nowinadmissible due to failing to disclose thePilot'sBill ofRights. ltake serious issue 

## • with !Iris course ofaction sincethe Administrator's inve>tigators newbenefitfrom the "fruitof 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), evidencehasbeenpresentedand statements havebeenmade to the Administratorthat were presentedwithout the benefit ofa thoroughunderstanding ofor without a writtenreceipt ofthese lights. EXHIBIT A-1p,8 

## •
Sincethe Administrator appears to have operated outside the confines ofthe law, 1feel that 

### it may be in

### my best interestto obtainexpe11legalrepresentation throughoutthe remainder ofthis case. Please adviseme if

### theAdministrator intends to continue to 

### pursue thismatter in light ofthe facts as they have been presented. Additionally,! amrequesting a copy ofthe "releasable portions oftheAdministrator's investigative report" 

### as provided 

### in 

### Sec. 2, para B(2) e. Respectfully, Sandi M. Pickett Owner 

### BirminghamFlightCenter, 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 OFTRANSPORTATION OFFICE OF HEARINGS WASHINGTON, DC ) ) 

### DocketNo. F AA-20 14-0867 ) ) ) 

### Case No. 2012S0090053 ) 

### ORDERSETTING 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 aJoint 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. calendaravailability. hearing dates. and other litigation procedural matters. Pursuantto 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 relevantcaselaw. 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 Sllfficiellttime to address all

**isst~es** 

### in displlte. on orbefore April17,2015 the parties shall serve each otherwith initial disclosures (as described in Civ. R. 26(a)(l)(A)(i). (ii). and (iii)) 

### without waiting for aspecific discovery request. 2. On orbefore April 20, 2015: Gcncml Discovery Initiutcd. 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 ofthe 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 ofdocuments; 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), aparty shall not serve more than thirty (30) 

### interrogatories upon each other. Each subpartofan interrogatory shall be counted as 

### a separate interrogatory.
a. 

### OQiection(s) to Interrogatories. Pursuantto 14 C.F.R.

# s13.220(k). any objection in response to an interrogatory mustinclude the reason(s) supportingthe objection. 4. 

### Motions to LimitDiscovery upon Receipt ofDiscovery Request: Aparty served with a discovery t'equest who seeks to limit discovery pursuant to 14 C.F.R. § 

### 13.220(!). (g).

### and (h). shall tile aMotion for Reliel'within ten (10) days after service ofthe disputed discovery request. 

### a. Good Faith Declaration Included: The Motion should include 

### adeclaration 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 ofDisputedDiscovery: Pursuant to 14 C.F.R. § 13.220(b), only acopy of the disputeddiscovery, in supportofthe motion, shouldbe attached to the Motion orthe Response.
c. 

### Response to Motio11 to Limit Discovct·v: A11y Response to

**th~** 

### Motion should be 

### filed no laterthan ten (10} days after service ofthe Motion. 

### 5. Motions to Compel Discovery: 

### Aparty seekingto compel discovery must tile 

### aMotion to Compel within ten (10) days afterservice ofa **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 manneras directed above for Motions to Limit Discovery (paragraph4and 4(a)-(c)). 6. 

### Retaincd/Uircd orEmployee Expert Witness Disclosures. Ifaparty retains orhires a witness to provide experttestimony, or

### aparty **int~nds** 

### to lltilizc the testimony ol'an employee to give experttestimony- then the pmty 

### intending to offer such witness shall disclose this retainedoremployee expert **witn~ss** 

### to 

### the opposing

**sid~** 

### put·suant to the timeline below. The c)(

### pertwitness disclosure shall include the nan1e ofthe witness. the witness's expertresume orqualifications. and the witness's written report or statementof opinion (including disclosure ofthe basis ofthat opinion). ;1) 

### FAA
**E.~pert** 

### Disclosure Deadline: 

### Mny IS, 2015. b) RespondentExpertDisclosure 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 orAmend Discovery: Pursuant to 14 C.F.R. § 

### 13.220(i). aparty who has responded to adiscovery request in this case has aduty to supplement oramend th€response throughoutthe litigationperiod. as soon as the information is known. 8. June 19, 2015: Deadline for Issuing
**Subpoena~/**

### Arrangingfor 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 orbefore 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 offact witness and expert witness depositions. pursuant to 14 C.F.R. 

### *13.2200). 10. September 18, 201:5: List ofWitnesscs/Kxchange of

**E~hlbhs.** 

### On ur

**u~rv,·~** 

### September 18, 2015. the partieswill serve and file. the following: a) Alist ofthe witnesses the party intends to 

### call; b) Ashort statementofthe testimony expected from each such witness; c) The resume or statement ofqualifications ofeach 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 abriefdescription ofeach 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 orlegal issues, and/orthat 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: HearingDates. 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 ofthat same day (5:00p.m. EST). The specitic location ofthe 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 ofamotion ··egarding limited discovery.

**disput~d** 

### discovt;)I'Y, or as part ora motion to compel discovery.

**Pag~** 3of5

## 2015-04-07 11:30 DOT 1» 

## 1-815-356-7042 p 

## 4/6

C. 

### failure to Move for Timely Relief/Late Service ofDiscovery: 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 ofdiscovery reqttests may also be grounds for denial ofamotion 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). ifaparty wishes to scheduk oral argument on any motion. or set up any type ofpre-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 Broughtto the Hearing: E:ach party must bring to the Hearing at leastthree copies ofany documents it intends to 

### offer in evidence as exhibits (two forthe 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 bethe opportunity for direct examination, cross·e:<amination. and redirectexamination ofeach witness. Only one representative ofaparty may direct or cross·e:<ami11e a witness on behalfofthat party. Pursuant to 14 C.F.R. §

### 13.205 and l 4C.F.R. §I3.222,

**th~** 

### Federal Rules ofEvidence may be utilized as helpful guidance in determining the admission ofevidence, G. Attorney

**Withdraw;~!:** 

### Pursuant to 14 C.F.R.

**~13.218.** 

### an attorney who wishes to 

### withdraw ti·om representing aparty must file aMotion to Withdraw. In this Motion. the attorney shall confirm the following: I. The date the Respondent was served with written notice ofthe attorney's intent to withdraw; 2. The name ofthe designated agent/lay representative ifthe Respondent in the action is abusiness entity: 3. The cttrrentbusiness address. telephone twmbe1·. and fax number ofthe Respondent and ofits designated agent: 4. Astatement that the Respondent has been notified in writing ofthe pending hearing dates in this litigation, as well as the pending pre-hearing discovery deadlines and telephone conferences: and 5. Astatement thatthe Respondent has been

**provid~d** 

### acopy ofall Orders issued in this litigation. as well as any other legal documents to 

### which the Rc:srondent is entith::d.
Page 4of S

## 2015-04-07 11:31 DOT 

## 1 >> 

## 1-815-356-7042 p 

## 5/6

H. Court Filing ofExhibits with the Hearing Docket: All Exhibits that the parties have moved lbr admission during the Hearing will be attached to the courttranscript and filed by the court reporter. I. 

### Requests for Modification ofthis Order: Any 1·equests for modification ofthe 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 orQuestions: Forclarifications ofthis ordero•· questions with regard to the procedures to be followed in this case. please contactMr. Cody L. 

### Smith. Attorney-Advisor. atthe Office ofHearings 

### (202-366-6941).

Page 5of5

## 2015-04-07 11:31 DOT 1» 

## 1-815-356-7042 p 

## 6/6

DocketNo. 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 2Wt000 1 

### ONE COPY 

### Mr. Deitrick H. Johnson 

### Complainant's Coum;el Federal Aviation Administration

**Oflic~** 

### ofthe 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, LLC 

### 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 LawJudge Ollke

### ofHearings. M-20 U.S. Department ot'Transp011ation I200 New Jersey Avenue. S.E. (Et 1·310) Washington, DC 20590 TEL: 

### 202-366-6941 FAX: 202-366·7536 Birmingham Flight Center. Inc.

**Re~'Ponde/11** 

### 4243 East Lake Blvd. Binningham, AL 352t 7

1Service 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: Alieniion: 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.ATOR'S INITIAL DISCLOSURES Pursuant to Federal Rule ofCivil 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. Aian Long Skin Diagnostics Group, PC .ll25 lndcpcmlencc Drive, Suite 30I 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 

## cBirmingham 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 Biro1ingham 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 ofthose 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 17thday ofApril, 2015.



# jfl.cm~/h llAA{, •.<



# ~Nsw-=-= 

# \
__ Attorney Otllee ofthe Regione1l CounselCERTIFICATE OF SERVICE 

### 1hereby certify that 

### Ihave 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 Suite200 

### Glenview. IL 60025 Tel. (847) 724-5520 l'ax 

### (815) 356-7042 prb@:bamcttlcgal.com



# ~.vAdJt DONNA STANLEY 

### Legal Assistant Office of

### the Regional Counsel 

## 'APR 17 2015 DatelOP# 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 

### OfProof Copy ofAirman Information for Mr. Steven Michael Pickett. Copy ofAlabama Secretary of State, Business Entities Detail Copy of Birmingham Flight Center website information Copy ofAirman Information for Mr. Shawn Stacy Flowers Copy ofAirman 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 12S0090053lOP #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

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**.~·11\lli.Fd !-~qwlici**  Annual Report information is filed and maintained by the Alabama Department of Revenue. Ifyou 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

**·;,~** ;J>H ,\.'d iJ(.H.·umonts



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Document Date fType I Pages 2-5-2005 Articles of Formation

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### About 

### BHM Flight Center Cl I I

**.~·11 \;<tu~h\.'r**  ([[('[[1\111

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This page protluce!l 10/26/2012 7:29:51 AM

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FLOWF:HS, SIIAWN STACY ..\.irman Information Airman Information Reported [0'2(,·::11!2 7:_li)_(:fl -\\1

Name Suffh

**.~SN** DOll (;ender Ifair 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

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**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 Public ;nailahility to be determined under 5 U.S.C. 552

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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 174lbs. 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 

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•• 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-CodeReq-Model AC-Type #of Enqines

### I# of Seats AC Weiqht [Ac SoeedAC--CateqoryAMAT TC·· CESSNA2076601 525 Fixed Wing Muli Engine 2

**~** Up to 12,499

## fJ Land 0 Eng. Model Eng.

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### b 1900 NoYes STANDAI Registered Owner Information \BIRMINGHAM - TEAM FINANCIAL INC

**~709** PARKWAY E STE D Partner Information


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Conlad 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'tthink 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 #9544Rhonda, you were great ;:Jnd incredibly responsive. The CJ is at BH M but notsure 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 1Nt)x
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**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 

## Ifyou 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. 2Alan J. Alan Long, MD CEO Skin Di<1gnostics Group, PC 3125

**lndependenc~** Drive, Suite 301 Homewood, AL 35209 205·879 2260 phone 205 879·2261 fax

**alongrwskindx~.com**

**~"!::!!YJ_.__S**ki 11dxgroUp.COIJl 

# 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 ifyou need a rental car. We are currently planning on going into Destin Jet Center. Let me know ifyou 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: 3A!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 Arriv.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 G52 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 thatyou 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. Otheraircraft 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 lightjet, 3 seats) $1650per hour As you can see chaiterrates vary but the rateyou provided Rhonda is typically in therange for a small King Air. The concem in our industry is that consumers are not provided full disclosure about the illegality ofcharging for aircraft transportation services without both the aircraft and !light crew being properly cenificated. Certification fi)r 

### an ondemand air carrier is 

### alengthy process and requires ll1e operator to conduct initialproving flights, submit operations, maintenmJce and training manuals for the FAA to review 1md approve. All ofourpilots mustpass instmmentproficiency checks every six months as well as have annual recurrenttraining in all equipment and emergency procedures. We are subject to lnOJlitoring by the FAAto insure that our aircraft and pilots meet a standard that you as aconsumer/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 oronewho was not board certified in the mostrecent and safe techniques. Lastly there is a question concerning the coverage ofinsurance in the event ofan accident. All ofour aircraft have $50 mlllion in liability coveragethat protects those passengers interests in the event ofan accident There is .some question as to the coverage that would be extended ifan accidentoccUJTed 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 ofthe differences.. P!ease don'thesitate to call ifyou 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 ofthe Hight :1:1 ;1

**dl'Tlltlfl~lrJtion** ofthe

**pbm~.** It \Vl!S

**~-1** \Vay tll get us to

**D,;~Lin** on that partio;.;ulM d:1y. Ihe

**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 AHen at1d have it takl'H care of. lie said they would make it a dt:monstralion flight

**~intT** 

### rhad 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. Idid not place an offer on !hi.! plane orhave 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. 1h'<' p!lo! k,· br llly,;dlun

**th~** th)' h

**-~--lfi!l** ltc;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.•.r11 ,-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)"Ihwk 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~** ofwith 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** \,Iking !light k·s:.;ons ;_i!ld !H(J\.:cd my RUiJO on Odobcr2 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 ofmy knowkdgc.

Alun Long

# Record ofConversation

Date: Inspcctor: Statement: Illegal CharterComplaint September20, 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 hewatched 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· ofthe 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 hejust 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 ifthey claim that this was a demonstration !lightthen 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 ofmy 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 ofSeptember 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 11ight to make the trip in the Baron. Dr. Long has been in the market fi.Jr a Citation Jet for the past couple ofmonths and has been in talks with lht.' Alan's and is currently seeking ownership in 

### ajet. Ihad told Dr. Longto 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. Ifthere 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\1-6883Date: Inspcctor: Sbttcmcnt: 

# Record ofConversation Illegal Charter Complaint September21,2012 Yancey Rushton Hirmingham, Alabama

On Septcmhl·r21, 2012 I met with a Birmingham Flight Center instructor, Mr.

. Justin Lollar·. 

### A search oftheir internet website scheduling software indicated that Mr. Lollar had been hooked all day on September HI, 2012 for 

### a flight to Destin, Florida. Mr. Lollarwas 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 thatthis 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 FlightCenter, Inc. He also explained that he is Dr. Alan Long's instructor and Dr. Longhas been taking lessons for the past few months. :VIr. Lollar explained that on September 

### t7, 2012, the weather was terrible and looked terrible for the next day. IIad 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 ofgetting him to Destin as well huthe has to get 

### a hold ofMr. 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 instructorJustin 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 ofhis 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 wasjust 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~··** Ilis 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 ajet 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 FlightCenter. 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 wouldjust purchase a plane and already belooking 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 thejetwould 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 ofthe Bonanza's to Kentucky today to demonstrate it to a prospective client. This statement is true and accurate to the best ofmy knowledge.
lla'teI>

### a !t•: rnspeclnr; 

### St•llcment: 

# Record ofConversation Illegal CharterComplaint September 21,2012 Yancey Rushton Birmingham, Alabama

On September

### 21,20\2 I met 

### Or. Alan Long at 

### his office in Homewood, Alabama. The meetingwas initially somewhat aggressive because Or. Alan Long did not understand who I 

### was and why I 

### was SJJeaking with him. liewas extremely frustrated and initinlly threatened to call his attorney. I encouraged him to do that and decided I wouldjust leave and meet with him another day. lie cooled down quickly though and asked me to stay. He proceeded to tell me thathe 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 besoftened 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 itwus true thathe had spoken with Mr. Pickett about buying a jetand types ofjets, etc, but this talkwas 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 neverheard thosewords 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. Hetold 

### 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 thatthey had arranged everything ami to •·anccl any request matle to ASG.. Justin relayed a price that he had received !'rom Mr. Steve Pickettand .Justin told Dr. Long that all ofthe arrangements were made by the Birmingham Flight Center. r asked him how the flight was to be billed and he told me that it wouldjust 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 ofthe Birmingham Flight

**C1~nler.** He was looking lo expand his husincssand 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 ofmy knowledge. 

# II)..)) 

### I )_. Yanccv Rushton :

**~** < Date l,i.Qatc: ln.,pedur: Statement: 

# Record ofConversation Illegal Charter Complaint September

**2~,** 2012 Yancey Rushton Birmingham, Alabama

On Scptemher2-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 meetingtook 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 stuffabout 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 ifhe 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 ifanyone approached Or. Long on the flight to discuss performance, costs, insurance, etc in an effort to determine the ntlidity ofthe 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 ofan)'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 llightto 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 ifhe was familiar with the regulations associated with demonstrating a plane and he was not. He said that Justin Lollar called him about nying in thejet 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 aboutjets and thought this would he a good opportunity to st•c whlltthis .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 ofmy knowledge.


### Date·**Dat~:** I

**n~prclor:** Stat•·ment: 

# Record ofConversation 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 

### Jwas interested in why he had altered his logbook to show a Baron night instead ofa 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 orderfor 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 wasjust being a part ofthe 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 sinceJustin 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 ofBaron 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 anotherwayjust in case. That's why Dr. Longcalled Aviation Services Group for a charter 4uotc 

### (Dr. Long explains litis 11 

### bit differently. According to Dr. Long he calledAviationSen•ices Groupfirst alii/ 011 

### lti.fown ami •vlten Justin amiStevejimmlout1ltey told Itim to wait andsee if they couldarrange sotuf!iltinJ!fir.\1). A ft:w hours later Stc,,e called boH.:.k and told Justin that

**h~** had things bandlet! 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 ofmy 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~:t** Io:

**Y:tnc'-·~** Hu:;hhln 1.·\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 

### ynu 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. Ifthere 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

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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 Hangated at

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i 997 Be-echcmtl 59 Baron 6 -'(:;R!:f_(;

**1.-&.LV~** $425,000 S100

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--.··· GA100(0i/10). GA100C H(01110) GA150(0f11 0) Rf-:QUIREMfNTS FDA THE PILOT Fl\'11-10 THE AIRCRAFT:

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**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
Ifno entry· i:s ma1Je llri;:;**~•,·utorsernent** applies to all ,'lircmffcu... erod by- yourpoi!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 SATISF,\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 onf.!:<

**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 myselfon the day is $400. It can be mailed to my home address at 67X6 Deerfoot Drive Pinson AL, 35126 since the Birmingham !lightcenter was not an official manager ofthe 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. .Justin 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:> l316 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 450.00iJ S_ Dc·parfmcnt ,_-if

**lr·~~r-':por!rJI:on** Alabama & No:1hwest FI.Jr;da FlhJht S!andards Oistrrct Offrce Federal Aviation Administration CUU IllED :VIAlL

**RLTUR~** f(ECTII'T REQliFSTID C

h:tobcr ICl. 2012 

### File No. 20 12S0090053 

### Mr. Steven Pickett. President Birmingham Flight Center 

### 4243 L Lake Blvd 

### Bim1ingham. Alabama 

### 35217 Dear Mr. Pickett: 

### LetterofInvestigation 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 ofpersons and/or property for hire without the benetit of

### an aircarrier 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 

### ofthe !light and was operating 

### as a dircct air carrier perthe c!clinition in 14 CFR Part 1I0.2. Operations ofthis type arc contrary to the Ft:Jeral Aviation 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 nfreceipt ofthis letter. Any discussion <>r written statements ltmlishcd by you will be given consideration in our investigation. Ifwe do nol hear from you within the specilied time. our report will be prtlcesscd without the henC'ilt ofyour :-:tatement. Sincerely.
/ ·'' Yanccv !{ushlun :\Yiation

**s~ifcty** InspectorU.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 III. 20 I2 

### File No. 2012S0ll901l5., Mrs. Sandi Pickett, Owner Birmingham Flight Center 4243 E. Luke fllvd Binningham. Alabama 35217 Dear 

### ,\Irs. Pickett:

**L~ttcr** 

### ofInvestigation 1500 Urban Center Dnve. su:te 250 Vestav1a H1:1s. AL 35242

Ihis 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 ofpersons 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 II0.2. Operations ofthis 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 ofreceipt ofthis 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"tnrIJ 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 ofInvestigation 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 ofan 

### 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 ofthis type arc contrary to the Federal Aviation Regulations This letter is to 

### inlimn you that this matter is under investigation 

### by the Federal Aviatinn AJminislration (FAA). Please fonvard 

### any C\·idencc or

**:-;tat~m~nts** 

### you might care to make regarding this matter to this otlice within I0 days ofreceipt ofthis letter. Any discussion or written statements liJrnishcd 

### by you wilt be given consideration in our investigation. Ifwe 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)lTSTI [) October I0. 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· offnvestigatinn 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. Ireviewed 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 orthe 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 confinned 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 emailed to me conlirming the

**t~1bc** entries. rhesc circwnstanccs indicate that YtHI may h'-1\e t.:ommitted nviolation ofthe 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 I0 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 Ihave rcccJved the LLttcr nfInvestigation 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,· I0/1 1/2012 atthe au-pon when 1\C \\Crc discussmg this matter. that I would be out oftown 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 ifthis agreeable With you.

'·:jOctober 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 ofthe 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 ifthey were

**~ware** ofthe Pilot's Bill ofRights and understood them. Both Steve Pickett and Shawn Flowers said they were aware oftheir rights under this bill. Inspector Rushton asked !VIr. Pickett ifhe 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 coverup 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 ofthis !light. 

### fie asked what type ofsanctions could be taken against him. He stated he depends on his certificate tor his living. lie asked ifa civil penalty could be used instead ofa 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. 1told him the region could ask the question that ifhe did this once then how many times did he Jo illegal charters. I told Mr. Pickett my thought on this subject. if 1caught vou once doing an illegal cf!arter I wonder how many you did illegal charters in the past that we did not catch. Itold him that ifregion requested, we might have to contact all the""ncrs ofthe 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 thejudge and we had no enntrol ofthe tina! outcumc. I asked 

### ifthe 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 ifthey provided a spec 

### shed fnr that aireralt they said they gave him a generk sheet. They handed rts a 

### c'''PY ofwhat 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)ffud 

### and airframe and engine

**res~rvcs ~..·osr.**  Sume items not nn the sheet arc: numhtr of

**pa~sengers.** buggage weights,

**rang~** in both 

### miles and !light lwurs. as well as maximum altitude. Mr. Flowers 11as asked ifhe walked Dr. Long. the

**pass~nger.** around 1hL' aircratl pointing out

**th~** katurcs ofthe aircraft, he 

### responded 11ith a no. He said hejust 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

# orthis 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 ifmoney 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 ifthe 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 ofInvestigation on the Dern<Jnstration llight 

### that was made on September IS, 2012. The tollnwing 

### is my statement ofthe events.



### I was contacted 

### by Justin 

### Lollar about tlying Dr Long to Destin and demonstrating the 

### capabilities ofthe 

### 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 

### ifhe could ride along for experience 

### and I told 

### him that would be g<lOd as l had never met Dr Ltlng. !'he morning nfthe 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 ofthe 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 thejet'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 F1\

### 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 

### rv.,.,i!l 

### in the flH!Jre be n1uch more

**ddig~nt** 

### in

**m~tk!ng :~ure**  

### 3JYY Hight 

### Iaccept fnlto\vs the: FAR regulation•.; (:xp!icitly !

**~.~v-nl_dd** grca!ly 

### appreciate ytHJr

**prcd~s_•,ional guJd~HKt'**  

### in frdhw.:ing the jY"(iper )H\H:t"dutTS 

### in the fl_Hure•J\( ) ll"j.·•Ju:-. 1 **Jq'~li.ill_ll~iF>Itllillltl** .I,>U\1() ll- 1 'IJ!d J \ (!,'1 • .. >J-.., J i 1 **'J,~JIL"'~)** llfi't!l j ltll:q.iultUII}i i:lll"•l() **ll:-1';-"'~ld** ']\ 1!1111!1.., .. / **~/)** . . v / **.~If:** WI **.~:puP.I!** ;>tH 'i \)HiliHIUiil,l ll\1111:! II' ;1tp ,l \L'" ill ,lflllliU< ,,., j1l!C --,;"1']1' 1'-IIU \uc t!IPJj !lll\'"ij **·,-,.llD!l.1~1\,"'l** \llj\ l\1<.1,1_) 1\!l_lj [Ill\ !l<l!\l'li\!1:;"/J\l (Hi

**lf~i\i** 11\l\ U)0'>!tllflid **jl~\llhJ,1d \Ill~!**  1j **IHI!II:.l[li)J,"'~.'l** ,ljl"UI!lJfl ptH: liU! )-)!1.1i'-ll! ll!J! [I \pp•nh _i(l !!ll\.l!ltl

**~~lj** I Ill q(']:lii.IJC>ll! put•

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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 ofRights Written Nntitication of Investigation at the time ofthis application
.

.**-·~,i.·-**

- 

## -

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----·--
**----"--·---~--·---** --- ----'--·------- 

### Signature ofApplicationFederal Aviation Admlnis1ralion Fhg!•\ S!::HJd<irds o,::;tnct Off1ce J\!JtJ::J."il,'l ,3, Nortrl'.Vt<S! Floq,ja I500 U;ban Cen;er Or1ve S',e 2SQ './dtav;a !-liliS Ai 35242.


### ACKNO\VLEDGEi\IENT OF HECEIPT OF PILOT'S BILL OF HIGJITS WIUITEN NOT!FJCATION
1acknowledge that 1received thc Pilot's Bill ot' Ril,:hts Written Nntiliccltion nt' Investigation at the time ofthis 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 ofRights Written Notification ol" fnvcsti[!ation at !he lime oflhis application.t' -1- 

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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

InThe Matter Of: ) 

### ) ) ) ) ) 

### DocketNo. FAA-2014-0867 BIRMINGHAM FLIGHT CENTER, INC. Respondent CaseNo. 2012S0090053


### ORDERGRANTING THE MOTION TO AMEND, CONTINUING THE NOVEMBER2015 HEARING TO SEPTEMBER2016, AND GRANTING OTHERRELIEF OnAugust 27, 20IS an Order SettingMotion Conferencewas filed. 1 

### OnAugust 31,2015 the parties appeared by

### telephone for the MotionConference, and presented argument on theirmotions forrelief.
The parties appeared for aRule 16Litigation Scheduling Conference on April 7, 2015 and agreedto alitigation plan, which was codifiedinthe April 7, 2015 Order SettingLitigation Dates and Procedures ("Order"). As partofthis litigationplan, the parties agreed to immediately beginconductingdiscovery, andconductall discovery and any neededmotions within a short four and ahalf( 4 '/:) monthperiod. During the April7, 2015 MotionConference,the parties were asked ifthey wished to scheduletime for dispositive motions. Ifso, thenthe casewould be scheduled in the year2016. Ifnot, then an earlierNovemberHearing date thathad recently opened onthecourt'scalendar would be available. (417/15 Tr. 8:8-19.) The FAA expressed uncertainty as to whetheritwould file any future dispositive motion(s), because discovery exchange had notyetbeen conducted. In contrast, the Respondent asserted that no such motion was needed. (417/15 Tr. 8:22 -9:12.)

1The Motion Conference was short-setin response to the parties' motions and responses. The parties' filings were identified in the August27,2015 Order. and will notbe repeated here. ,_ ___ ;.;.....;,.;;;,. EXHIBIT 

### .!

0 

### D 1 

# ' \: ''
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**~** ./

## 2015·09-01 11:32 DOT 1 >> 

## 1-815-356-7042 p 

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Despite its uncertainty about what motions mightbe needed in this case, the FAA agreed to schedule the pre-hearing litigation process without any dispositive motions specifically calendared. Apre-hearing litigationplan was then agreed to by theparties, which included identifying all expertwitnesses no laterthanMay 29,2015, schedulingdepositions and issuing subpoenas by June 19,2015,andcompleting all depositions, discovery, and motions by August 21, 2015. (Order, 2-3.) The parties also agreedto try

### the case in onNovember 18-19, 2015. (Order, 3

**~A** 

### (13).) On April 17, 2015 (i.e., ten (10) days afterthe April 7, 2015 Motion Conference),the parties exchangedinitial disclosures, pursuantto the April 7, 2015 Order. (Order, 1,A(1).) Three (3) days later, on April20, 2015, the parties served eachotherwiU1

**i>~"~(a!**

### discovery requests. Pursuantto 14 C.F.R. § 

### 13.220(d),the responses to such discovery was due "notlater than 30 days [after).,, service.'' Thus, each party should have filed its responses to theApril20, 2015 mutually exchanged discoveryrequests on orbefore May 21, 2015. During this time period (i.e., April21, 2015- May 21, 2015), any partyunhappy with the served discovery had the option (ifneeded) to file amotionfor limitationrelief. (Order, 2

**~A** 

### (4).) In addition during this time period (i.e., April21, 2015- May 21, 2015),the parties agreed that the FAAwould disclose all expertwitnesses, on orbeforeMay 15,2015,Two weeks later, on May 29,2015, the Respondentwould disclose its expertwitnesses. (Order, 2

**~A** 

### (6).) ,, 

### According to the April 7, 2015 litigationplan, and assuming all general discovery responses were served on orbefore May 21,2015 (the 30'h day), aparty unhappy with discovery responses (orthe lack ofdiscovery responses) had the optionto file amotionto compel discovery, "withinten (I0) days" after lack ofdiscovery or service ofdeficient discovery. (Order, 2,A(5).) Thus, absent an agreedextensionoftime, aparty unhappy with served discovery, orthe lackofdiscovery, would file amotionto compel no laterthan June 1,2015. (Order, 2

## ,I A(6).) Thereafter, any depositions ofwitnesses wereto be scheduledby June 19, 2015, andcompletedbefore the August21,2015 discovery deadline. (Order, 3

**~A** 

### (8·9).) Brief

### Discussion: The FAA seeks to amendthe April 7, 2015 Orderby continuingthe November 2015 hearing date, extending the time to exchange discovery, and setting dispositive motion deadlines.

I ' Page 2 of6

### 2015-09-01 11:32 

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The Respondent asserts ithas completeddiscovery responses, andthatthe F M has failed to act diligently in adheringto the litigation schedule. The Respondent objectsto acontinuance ofthe hearing andto scheduling dispositive motions, but also moves to compel discovery. The purpose ofthe April 7, 2015 Litigation Scheduling Conference, and April?, 2015 Order, was to ensure thatthe parties organizedtheircases andproceeded as expeditiously as possible. 

### See, 6A Fed. Prac. & 

### Proc. Civ. § 

### 1522.1 (3d. ed. 201S)("thescheduling conference...is directedtoward organizingthe [litigation] process...[and] setting deadlinesfor the completion of the various pretrialphases."). Aschedulingorderis a"critical path chosenby thetrialjudge and the parties" to securethe ''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). Itis well establishedthatalitigation scheduling order, andthetimelines establishedby the courtinthe order, are bindingonthe parties. 

### See, 6AFed. Prac. & 

### Proc. Civ. 

### §§ 1522.1 and 1522.2 (3d. ed. 2015); 

### Marcum v. 

### Zimmer, !d. 

### at 253 ("a schedulingorder...is not afrivolous piece ofpaper, idly entered, whichcanbe cavalierly disregardedby counsel withoutperil"

### ciling Goeweyv. 

### UnitedStates, 886F.Supp. 1268, 1283 (S.S.C. 1995;

### Jordan v. 

### E.l. due Pontde Nemours & 

### Co., 867 F.Supp.l238, 1250 (D.S.C. 1994)). Inits objectionsto the FM'smotions, the Respondentcorrectly identifiedthe good cause standard ofreview for considering aparty's motionto amend ormodify the binding litigation schedule. (Resp. 4.) In essence,the "focus ofthe inquiry is upon the moving party's reasons for seekingmodification."

### Johnson v. 

### Mammorth Recreations, 975 F.2d 604,609 (9th Cir. 1992). "Ifthatparty was not diligent, the inquiry should end. (Jd.)

< I J1, I. 

### [I]ftheparty seeking reliefcan show thatthe deadlines cannot reasonablybe met despite the party's diligence, reliefmay be given. Similarly, reliefmay be granted ifthe court finds thatthe movanthas notunduly delayed the action and thatthe opponentwill notbe prejudicedby the modification. When themodification is necessitatedby acts ofthe opposingparty orby the opponent'sfailure to act, reliefalso has been deemed appropriate. 6AFed. Prac. & 

### Proc. Civ. § 

### 1522.2 (3d. ed. 2015) (footnote cites omitted). In the case herein, itwas undisputedthattheFAA had failed to provide any discovery responses to the Respondent's April20, 2015 discovery requests. However, theRespondent's Page 3 of6

## 2015-09-01 11:33 

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argumentthatthe FAA's motions shouldbe denied,because the FAAhad failed to actdiligently on the case, was notfully persuasive. As specifically discussed duringthe August 31, 2015 Motion Conference, the original April 7, 201

### Slitigationplanhadbeen an ambitious, short-setplanwith strictdeadlines, to allow the parties the opportunity to utilize an early hearing date available on the court's calendar. Unfortunately, there was amutual abandonment ofthe litigation schedule by both parties after exchanging general discoveryrequests onApril20, 2015. Itwas undisputedthatneither party served timely responses, on orbefore May 21, 2015 (the 30d' day), to the April20, 2015 Llbwv"•J
**·~'luoou.** l'loith<>r

### port)• £11m mntinns to limit

**th~**

### requested discoverywithin thethirty daydiscovery window (i.e., April21, 2015· May 21, 2015) afterreceipt ofthe requests. Immediately afterMay 21, 2015 deadline, neitherparty filed amotionto compel discovery, "withinten (10) days" afterthe lackofreceiptofdiscovery responses. (Order, 2

**~A** 

### (6).) Neitherparty identifiedexpertwitnesses inMay201'5 pursuantto the litigationdeadlines. In I, . " . 

### addition, neitherparty contactedthe otherto schedule anydepositions ofwitnesses on orbefore the deadline ofJune 19, 2015. As noted by thepnrties during theAugust 31, 2015 Motion Conference, partofthe abandonmentofthe litigation schedule occurredbecausetheFAA's original attorney leftthe FAAonJune 25, 2015 to acceptanotherjob. Approximately six (6) days afterthis original attorneytransferred to adifferentfedem1 agency, the case was reassignedto anew FAA attorney, who did notreceive acomplete file. Althoughthe FM'snew attorney actedpromptly to file aJuly I, 2015 Notice ofAppearance, and immediately contactedtheRespondentto try 

### and complete discoveryexchange, communicationsbetweenthe pnrtiestooktime, and did not result in discovery completionbefore the deadline ofAugust 21, 2015.2 

### Thereis no doubtthattheRespondenttookquick 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 onAugust 1, 2015 (i.e., overtwa
'The details ofthe parties' communicationsbetween July 1, 20IS and August21,2015 were fully discussed during the August 31, 201

### SMotion Confetcnce, and will notbereiteroted here. ' As noted in the August31, 20t SMotion Conference, the newly assigned FAA attorneypropounded new discovery requests on July 7. 2015,because it didnot have copies ofthe earlietApri120, 2015 FMdiscovei'Y requests. Page 4of6

## 2015-09-01 11:33 

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## 1-815-356-7042 p 

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months aftertheMay 21,2015 due date), provided supplementaldisclosure on August 17, 2015, provided courtesy copies ofits August I, 2015 responses to the FAA on August 19,2015, and provided new discoveryresponses on August21, 2015 to theFAA's July 7, 2015 propounded general discovery requests. In contrast, as ofthe date ofthe August31, 2015 MotionConference, the FAAhad not 

### yetfiled 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 ofalackofdiligence onthe partofthe FAA. Instead, itis the result ofamutual abandonment (for atime) ofthe discovery oahodulo b)'

### both

**p•rti..,~.** 

### combined withthe disruption ofan attorney substitution onthe FAA case under unusual circumstances, andthe lackofimmediate communicationsbetweenthe parties after such substitution occurred. This combination offactors,inthis particularcase, is sufficientto supportafinding ofgood cause, andto grantthe FAA's Motionto Amendthe April 7, 20!5 Order. Conclusion: Pursuantto 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 beingfully advised;



### ITIS llEREBY ORDERED: 

## . '.\/

## ..

. tl."\. . **.i.~.'** : ,•,


### I. 

### The FAA has established good causeto supportits Motionto Amendthe April 7, 2015 Order settingthe litigation schedule, 2. The FAA's Motion to Amendthe April 7, 2015 Order settingthe litigation schedule is granted, 3. The November 18-19, 2015 Henring setinBirmingham, Alabamais continued to September 13-14, 2016. 4, On orbefore September30,2015 the FAA shall serve the Respondentwith responses to the Respondent's April20, 2015 discoveryrequests.

',•. : ..

**~·** PageS of6

## 2015-09-01 11:34 DOT 

## 1 >> 

## 1-815-356-7042 p 

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5. Between now and October 15, 2015, 

### theparties shall conferinformallyto discuss a mutually convenientschedule for filing adispositive motion, response, and reply, as well for arecommended telephone Motion Conference for oral argumenton suchmotion. SuchMotion Conference shouldbe proposedfor atleast sixty (60) days priorto the September 13-14,2016Hearing (i.e., onorbefore July 13, 2016). 6. On or before October IS,2015,

### the parties shall file aProposed Plan, whichwill identify the parties' proposal for the dispositive motion schedule, as well as any deadlines for submission ofwitness lists and exhibits (and otherdeadlines) neededbefore the September2016 Hearing. 7. Betwo:"n uuw and 

### OetobcrlO, 

### :2015, the 

### pArties

**~hall** 

### conferinformally to discuss and attemptto resolve any disputes regardingrequesteddiscovery. 8. On or before October30,2015,

### either.party may file (ifneeded) amotion to 

### compel discovery. Ifsuchamotion iffiled, itmust be 

### accompaniedby aRule 37 Declaration identifyingthe party's efforts to

### informally resolve the discovery dispute with opposing counsel. 9. For any procedural questions aboutthis Order, please contactMr. 

### CodyL. Smith, Attorney-Advisoratthe Office ofHearings (202-366-6941).

Attachment: ServiceList

Page 

### 6of 

### 6

## 2015-09-01 11:34 DOT 

## 1 >> 

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DocketNo. FAA-2014-0867 (Civil Penalty Action) SERVICELIST- BY U.S. 

### MAIL ORIGINAL & 

### ONE COPY 

### Federal Aviation Administration 800 Independence Avenue, S.W. Washington, DC 20591 Attention: Hearing DocketClerk, AGC-430 WilburWright Building-Suite2WI0001 

### ONE COPY 

### Mr. ChristopherR. Stevenson 

### Complainant's Counsel Federal AviationAdministration Office ofthe 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: 847-724-5520 FAX: 

### 815·356-7042 Judge J.E. 

### Sullivan 

### U.S. AdminisTrative LawJudge Office ofHearings, M-20 U.S. Department ofTransportation 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 EastLake Blvd,

**Dinnin~;h~~m,** 

### AL 3

### 5217

1Service was byU.S. Mail, For sorvice in person or byexpedited courier, usc the following address: Federal Aviation Administration, 600 IndependenceAvenue, S.W., Wilbur Wright Building-Suite2WIOOO, Washington. DC20591; Attention: Hearing DocketClerk, 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. ) ) DocketNo. FAA-2014-0867 Judge J.E. Sullivan FAA Case No, 2012S0090053



### RESPONDENT'S REQUESTS FORPRODUCTION OF DOCUMENTS Respondent, BIRMINGHAM FLIGHT CENTER, by its attorneys, Barnett & Borth, LLC., hereby requests thatthe Administrator provide the responses to the following requests for production within (30) days, in accordance with Section 821.19 of the Rules ofPractice in Air Safety Proceedings and Rule 34 ofthe Federal Rules ofCivil Procedure: PLEASE NOTE THE FOLLOWING SPECIAL INSTRUCTIONS AND DEFINITIONS: A. Theterm "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 ofpurchase or sale, correspondence, telegram, cable, electronic orother transcription or taping oftelephone or personal conversations or conferences, and any and all other written, printed, typed, punched, taped, filmed or graphic matter, however produced or reproduced. B. Theterm "subjectt1ight" 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 ofDocuments: I. All documents other than the previously disclosed EIR that you intend to use at the hearingofthis matter. 2. Complete copies ofall statements (oral, written, ortranscribed, signed or unsigned) byparties or witnesses to this matter, including but not limited to individuals who: has or claims to have knowledge ofany ofthe facts specified in the Final Notice of Proposed Civil Penalty EXHIBIT 1

## II' " p '' Li '-'' E

### 3. Complete copies ofall documents that were used to supportthe allegations set forth in the Complaint. 4. All rules, regulations, bylaws, guidelines ofany 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 ofall experts and FAA witnesses that that you intend to call upon to give testimony orpresent evidence at the hearing ofthis matter. 6. Copies ofall 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 yourexperts 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 impeachingthe Respondent and/or Respondent's witnesses at the hearing ofthis matter. 9. All office or review notes, memos and all other documents generated by or on behalfofyour experts in conjunction with their involvement in this case. I0. Copies ofall documents that were provided to your experts in this case. II. Copies ofall correspondence by and between you and your experts in this case. 12. Copies ofall reports prepared by your expert witnesses. 13. All documents ofofficial or unofficial character for which you will seek the Court to takejudicial notice ofatthe time oftrial. 14. All demonstrative and evidentiary exhibits you intend to use at the hearing ofthis 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 ofall the validly adopted interpretations oflaws, 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 ofPremier 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 ofDr. 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 ofall individuals who performed investigation in this matter. 25. All documents generated by YanceyRushton, Pat Bruce, Clay Perkins, and David Hargett related to this case. 26. Copies ofall documents received through any subpoenas issued in this matter. 27. All proofofpayment for payments made by Dr. Alan Long to the Respondent for the subject flight. Demand to Supplement: Pursuantto 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 orthe 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 (847) 724-5520 Fax (815) 356-7042 prb@barnettlegal.com 

## 31 p :.t g c

### CERTIFICATE OF SERVICE I hereby certify that Ihave 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 ofHearings, M-20 U.S. Department ofTransportation 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 ofthe 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 OFHEARINGS

WASHINGTON, D.C.

In The Matter Of: BIRMINGHAMFLIGHT CENTER, INC. Respondent. DocketNo. FAil.-2014-0867 Judge J.E. Sullivan FAA Case No. 2012S0090053


### RESPONSE TO RESPONDENT'S DISCOVERYREQUESTS The FAA hereby responds to Respondent's Expert Discovery Requests, Respondent's Requests for Production, and Respondent's Interrogatories: ExpertDiscoveryInterrogatories 

### l. TI1e FiiAhas 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 FiiAhas not identified any expert witnesses at this time. Inthe eventthat the FAA identifies an expert witness, the FAA will comply with its obligations under Rule 26 and the Judge's Orders. h,xpert DiscoveryRequests 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 obligationsunder 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 ordata, 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 anexpert 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. Otherthan the final expe11 report protected tTial preparation materials. Notwaiving 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 ofthe FAAwere inclu(led in the EIR and copies were previously provided to the Respondent. 3. The documents used to support the allegations in the Complaintwere the items ofproof in the EIRand copies were previously provided to the Respondent. 4. Objection, vague. The nature ofthe documents sought in this request is unclear. Not waiving and notwithstanding that objection, the FAA is unaware ofany ofits documents relevant to this case being "rules, regulations, bylaws, [or] guidelines" ofany "private body." 5. The FAA has not identified any expert witnesses in this matter. Inthe event that the FAA identifies anexpert witness, the FAA will comply with its

**oblig~tions** 

### under Rule 26 andthe Judge's Orders. With regards to non-expert witnesses, the FAA does notrequire its employees to maintain Cutriculum Vitae, and is not obligated to have

**doctnn~nts** 

### created at Respondent's request. 6. The FAA has not identifiedany 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 otherrequests for production (ifthey were evidence in thecase), or would be covered by the work-product and attorney-client privileges (ifthey were documents created specifically for the purpose ofwitness preparation). 8. Objection, workproductprivilege. 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 ofits 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 yetheard the testimony that it will be conducting a cross-examination orr (indeed, Respondent has not as yet even summarized the substance ofthe anticipated testimony ofany ofits witnesses). The FAA has not atthis time identified any such documents, although it reserves the right to cross-examine orimpeach 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 FAAhas not identified any expert witnesses at this time. Inthe 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 FAAhas notidentifiedany expert witnesses at this time. Inthe 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 protectedtrial preparation materials. Not waiving and notwithstanding that objection, the FAA has not identified any expertwitnesses at this time. Inthe event that the FAAidentifies 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 expertwitnesses atthis time. Inthe event thatthe FAA identifies an expert witness, the FAA will comply with its obligations under Rule 26 andthe Judge's Orders. 13. The FAA may ask the Courtto takejudicial notice ofFAA Order 2150.3B. This docw11ent is publicly available, and while its identification by the FAA is appropriate, the FAA objects to anyrequestto produce a copy ofit as unduly burdensome, as the document can be freely downloaded. 14. In addition to the docwnents in the EIR and the documents produced byRespondent in discovery, see attached. 

### 15. Copies ofall such documents (e.g., the releasable portions ofthe EIR) have previously been produced to the Respondent. 16. The FAAhas not identified any such documents at this time. However, the FAA notes that Respondent has to this point disclosed almost nothing irr the way ofa defense in tltis case. In

### the eventthat Respondent asserts a further legal or factual basis for its denials ofthe 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 ofthe documents requested. Not waiving and notwithstanding this objection, all relevant documents within the scope ofthis question are contained in the EIR, which was previously produced. Additionally, the FAA notes that this request appears to seek docmnents thatwould primarily be inthe possession ofpersons otherthan 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 thatwouldp1imarily be inthe possession ofpersons 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 inthe possession ofthe FAA have previously been produced. Additionally, the FAA notes that this request appears to seekdocuments that would primarily be in the possession ofpersons otherthan the FAA (orits employees), and thatthe FAA makes no representations as to what documents thiTd pmies maypossess. 20. Any such documents have been previouslyproduced. Additionally, the FAAnotes that this request appears to seekdocuments that would primarily be in the possession ofpersons other tha11 the FAA (or its employees), a11d that the FAA makes no representations as to what docmnents third pmiies may possess. 2]. The FAAnotes thatthis requestfor production appem·s to be missing a word (orwords) between "existing" and "between."The FAApresumes thatthis question is asking about an existing relationship between Dr. Ala11 Long a11d Aviation Services Group. As to a possible relationship between these thirdparties that existed at the time ofthe violation,the FAA is not aware ofa11y such docmnents, except what is contained in the EIR, which includes documentation on a potential customerrelationship. Additionally,the FAAnotes that this request appears to seek documents that wouldprimarily be in the possession ofpersons otherthan the FAA (or its employees), m1d that the FAA makes no representations as to whatdocmnents third pmiies maypossess. 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 thirdparties may possess. 23. All such documents in the possession ofthe FAA have been previouslyproduced. Additionally, the FAA notes that this request appears to seek documents that wouldprimarilybe in the possession ofpersons otherthan 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 reportprepared by the reporting inspector inthis case contains deliberative process privileged material, such as the inspector's opinions and recommendations about various aspects ofthe case. Not waiving and notwithstanding that objection, the nonprivileged portions ofthe EIR have previously beenproduced. 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 FAApersonnel aboutthe 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 beenproduced. Additionally, the FAA notes that this request appears to seek documents that would primarily be in the possession ofpersons other than the FAA (or its employees), and that the FAAmakes no representations as to what documentsthird parties may possess. Interrogatories 1. 

### ChristopherR. Stevenson, Esq. 2. Please see the FAA's initial disclosure, which contains a list ofindividuals who may have knowledge ofthe situation and a summary ofthat infmmation, as well as the various statements contained inthe releasable portions ofthe EIR, which extensively recountthe FAA's information regarding who knows what about this case. 3. Yes, an investigation was conducted into this matter. The primaryportion 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 ofwhich have previously beenprovided. These statements include the date and location ofinvestigative 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 ofinterview contained in the EIR, which have previously been produced, described the oral statements made to FAA investigators by Respondent (through its owners and agents) concerningthis matter. Written statements made to the FAA are contained in the EIR. The records ofinterview and the statement ofthe case in the EIR describe the circumstances of each statement, such as when it was made and to whom it was made. Ifnot 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 ofsuch a statement (except when the contents ofthat 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 ofall conversations between third pmiies aboutthis 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 ofindividuals who may have knowledge ofthe situation and a summary ofthat information, as well as the various statements contained in the releasable portions ofthe EIR, which extensively recotmt the FAA's information regarding who knows what about this case. 7. The FAA anticipates calling the pilots ofthe subject flight, thethree FAA Aviation Safety Inspectors who were involved in the investigation, and Dr. AlanLong. Each ofthese individuals is expected to testifY consistently with tl1e descriptions provided in the FAA's initial disclosures and their statements and records ofconversation in the EIR. Most notably, Dr. Alan Long may testify about scheduling flights witl1 Respondent, including the subject flight ofthis case. Dr. Long may testify that the instant flight was scheduled as apurely business/charter night, and that there was no discussion ofa "demonstration"flight until afterthe flight was over. Justin Lollar and ShawnFlowers maytestify to corroborate tl1is testimony, and additionally testifyiliatRespondent directed their actions withregards to iliis flight, including after-the-fact efforts to characterize the flight as a "demonstration"flight. All three maytestify with regards to payment arrangements, boili before and after the flight, including Dr. Long's payment ofhourly aircraft charges and flat pilot services fees, and including Respondent's after-the-fact efforts to adjust payment arrangements to occlude the improper nature ofthe flight. The FAAinspectors are expected to testifyto all ofthe information contained intheir statements in the EIR, including their conversations wiili Respondent's pilots and owners. 8. Objection, unduly burdensome. TI1e FAA has alreadyprovided the documents covered by this interrogatory (the items ofprooffrom the EIR). The Respondent canreadthe doctm1ents for itself, and the FAA is under no obligationto describethem. 9. Objection, unduly burdensome. The FAA has already provided the documents covered by this inte!Togatory (the items ofprooffrom the EIR). The Respondent canread the documents for itself, and the FAA is under no obligation to describe them. Not waiving and notwithstanding that objection, the FAAhas not yet identified particular witnesses to lay the foundation for particular exhibits. I0. Objection, unduly burdensome. The FAA will identify documents covered by this intenogatory, butthe 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 ofthe proceedings it has not necessarily identified aparticular meiliod for howparticularpieces ofevidence will be admitted athearing. 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

### ofa defense inthis case. In the event that Respondent asserts a fmiherlegal orfactual basis for its denials ofthe allegations in the Complaint, regulatory interpretations maybecome relevant. 

## -J

**~** Submitted this

# 1.}_day ofSeptember, 2015.



# ~~r- CHRISTOPHERR. STEVENSON Attorney Office ofthe ChiefCounsel- EnforcementDivision, SouthemTeam



### CERTIFICATE OF SERVICE Ihereby certifythat the foregoing FAA's DiscoveryResponses was sent via certified mail to: Paul R. Borth, Esq. Barnett & 

### Bmih, LLC 800 WaukeganRoad, Suite 200 Glenview, lL 60025 facsimile: (815) 356-7042



# ~VEL~t 1SEP l 5 DatedSeptember 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 Please remit payment to Team Financial, 9709 Parkway East, SuiteD, Birmingham, AL 35215 Payable upon receipt Thank you foryourbusiness' 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 1Subject: 

### Re: Tnps From: 

### bfc!lc@windstrearn.net (bfcllc@windstrea111.net) To: a!an.long@yahoo.corn: Date: 

### Tuesday. September4. 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 

### ifyou 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. approv lI)()() 

### 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<! llL, __

''.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 myselfon the day is $400. It can be mailed to my horne address at 67R6 

### Deerfoot Drive Pinson 

### AL 35126 since the Birmingham tlight center was not 

### an ottlcialmanager

### ofthe 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 Iwill talk to you soon. Justin M. Lollar Commercial Pilot Services CFISubject: Pleilse contact Sleven Prckett From: bfcllc@windstream.net (bfcl!c1!'1windslrearn.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. Iam 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 OFTR>\NSPORTATION FEDERAL AVIATION ADMINISTRATION CIVIL PENALTYSUBPOENA In theMatterof: 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 ofthe 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 

### fXl To bring \Vith you
**andorQduc~** the following documents, records, papers, books, tmd tangible items: L::J tlee attacl:lea naer.

Ifyou have any questions about this subpoena, contact at this address and telephone number: -----------------------------

Hearing DocketClerk Authority: I4 l'.F.R. § I3

**22~:** 49 li.SC'.

# ** 5I21 and 1.47(j)( t). or 49 U.S.C §§46104 and Itl6(g)(t) ANY PERSONWHO DOES NOT OBEYTHIS SUBPOENA IS SUB.JECT TO FINE ORIMPRJSONMENT ORBOTH UNDER49 U.S.C § 46313, EXHIBIT H

### RETURN OF SERVICE
I 

### CERTIFY that a dLtplicate I

### an<@iG~.Y(circle one) ofthis subpoena was served onthe 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 

### SUBPOENAlUDER (J.Alan Long, MD) Pleaseproduce the

**follov.~ng** 

### documents: I) All memoranda, e-mail transmissions, conespondence and documents received fromAviation Services Group and its agents and employees (includingbut not limited to Bob Kent and Rhonda Masters) byJ. Alan Long, M.D. for the period of January 2011 to and including December31,2012. 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 RhondaMasters) byJ. 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 BirminghamFlight 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 Centerand its agents and employees by J. 

### Alan Long, M.D. for the period ofJanuary 2011 to and including December31, 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 ofJanuary 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. 

### AlanLong, M.D. forthe period ofJanuary 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 ofJanuary 20II to the present.

I 

## I

**~'** 

## ,, ,

**'~'**

### 8) All memoranda, e-mail transmissions, correspondence and documents sent to FAA Employees, Yancey Rushton, PatBmce, Clay Perkins and David Hargett, by J. AlanLong MD for the period ofJanuary 2011 to the present. 9) AU memoranda, e-mail transmissions, correspondence and documents received from FAA. Attorneys, DeitrickJohnson and/or Christopher Stevenson, by J. 

### Alan Long MD forthe period ofJanuary 2011 to the present. I0) All memoranda, e-mail transmissions, correspondence and documents sent to FAAAttorneys, DeitrickJohnson and/or Christopher Stevenson, by J. Alan Long MD for the periodofJanuary 2011 to the present. END OF RIDER.BRADLEY ARANT BOULT CUtvltvi!NGS '"
November 3, 2015 VIAFEDERAL EXPRESS/2ND DAY DELJVERY Charles R. Bamett,lll, Esq. Bamett& Bm1h; LLC 800\VaukcganRoad, Suite 200 Glenview, IL 60025 RE: In Re: Birmingham Flight Center, Inc. DocketNo. FAA-201 4-0867 FAA Case No. 2012S0090053 DearMr. Bamett: Hich:lnl H, i\Ionl< Ill Direct: (205) 521 -85 I 6 Fa.\: (205)

**~8~-BSIC)**

**rmunk@h<~bt:.cnm**

Ourfirm represents Dr. Alan Long in connection with the subpoenathat you issued in this proceeding. Enclosed is a CD containing documents produced inresponse to the subpoena. The documents are numbered LONGOOOOO!-LONG000526. The following documents have been produced in response tothe following requests: RequestNos. 1and 2: LONGOOOOO!-LONG0003!7; Request Nos. 3 and 4: LONG0003!8-LONG000437 RequestNos. 5 and 6: LONG000438-LONG000439 RequestNos. 7 and 8: LONG000440-LONG000483; and RequestNos. 

### 9 and 

### I0: LONG000484-LONG000526. Also, pleasenote !hatthe following documents have been redactedto remove bankaccount numbers, credit card numbers and a driver's license number: LONG000160-LONG000162, LONG000368 and LONGOOOJ81. Please let me know ifyou 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. AlanLong Subpoena Compliance Responses to RiderRequests #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 thatyou think would be good alternatives to hangar/manage my Baron? Are there other alternatives forflighttraining? 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 11/2/2015I 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 atwork were increasing. I asked Steven Pickettto tell me aboutsingle 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 ofwhich were for sale. Mr. Pickett sent me operating cost projections for a Beechcraft 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 visitto Premier· Group a week m· so later, Ibrieny 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 theAliens. As! spoke with Mr. Pickett about future trips tlwt were some distance away (Miami, Virgini-a), he suggested we maydemo 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 ifthere were any other options. I round Aviation Services Group on the intenwt who said they had a King Air 350so I called asked about their availability. They quoted me <r price and justin called back and s<1id we could t<lke aCJ. 1let Aviation Services Group (ASG) know Ihad found a Cj that would be less (based on the quoted per hour operatingcostfora CJ versusa 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 Iwas 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 thathe would call Steven Allen, Jr. and take care ofit. Later that night l received an email from Steven Allen, Jr. thanking me for the demo night. It wcrs at thatpointthatIassumed this was the demo nightthat we had been talking abollt.

Alan Long Octoher 1, 2012

LONG000442Print
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

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LONG000443 

### 11/2/2015Print
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 foryour time last night. Page 1 of 1

Iwas wondering ifyou knew who your insurance carrier was for the airplane and ifyou have a copy ofthe pilot forms submitted. Additionally, ifyou 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 offerwhich would be rejected to hide the nature ofthe flight, Iwould 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 11/2/2015Print
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 ofI

Additionally, do you have a bill from anyone yet for the flight to Destin? Ora copy ofthe fake "offe(' thatwas to be made to cover the flight Even ifyou signed something, I give you my word thatyou will be left out ofthis. 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 atyourwife and 8 kids and think aboutwhat could have happened to you, your practice, and yourfamily. Thanks Doc. I know you don'twant to be involved and I will keep you out ofthis but I need your help. Yancey

https:!!us-mg5.mai!.yahoo.corn!neo/launch?.rand=6rfd4mg9ggkh9 LONG000445 

### 11!2!2015

### Print Page 1of 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



### Beginforwarded message: From: Justin Lollar<justin.lollar@att.net> Date: September 23,2012,2:20:53 PM CDT To: AlanLong <alan.long@yahoo.com> Subject: PilotFees for 9-18-2012 DearDr. Long Good afternoon sir and I 

### hope all has been well. Due to the change in plans on Tuesday's flight, the billingwill be differentthanusual for the flight. Thepilotfee for myselfonthe day is $400. It

### canbe mailed to my home address at 6786 DeerfootDrive Pinson AL, 35126 since the Birmingham flight centerwas not an officialmanager ofthe aircraftused forthe demo flight evetything will be done separately from the flight center. I 

### wantto thankyou for vety much for allowing me to fly you and I 

### look forward to our next meeting. Have a blessed day and I 

### will talkto you soon. JustinM. 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 1 1 <...
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 ofthe CitationJetto youyesterday. I 

### have attached a copyofmy invoice for the Pilot services ifyouhave anyfurther questionsplease don't hesitate to ask. Thanks Shawn Flowers 205-492-9652 

### cell

1 LONG000447

# INVOICE 

# Shawn Flowers
INVOICE NO. 918 

### 5191 Shady Crest Rd 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, 1enjoyed Demonstrating the Jet foryou !!!

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

LONG000448October 3, 2012 On September 18, it was my understandingthatthe flight to Destin onthe CJ wouldbebilledentirelythrough BirminghamFlight center. After the flight was commentedonbyBob Kent and StevenPicketttold me itwould be considered a demo flight, I received cmai1edinvoices from both pilots, Shawn Flowers and Justin Lollar. I also received a paperinvoice through the mail for $1950 fromTeamFinancial for the use ofthe CJ. Afterthe FAA inspectorhad met with Justin and Steven on Sept 24, I received a textfromJustin stating, "YesterdayI sent an ernai:I to you fortheflight onTuesday. Please disregard that email." I responded, "Ihavethe checkready butcan destroy. BFC will bill?"LolJar responded, "No sir. FAAmeeting was veryinterestedto here (sic) wether (sic) ornot 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, October03, 2012 3:33 PM Alan Long, M.D. Re: FW: Demo Flightto 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 Flightto 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 ofa misunderstanding. BFC knew what they were doing and we are going to preventthis from happening again. Its not pleasant to see kids and innocent people burned/mutiliated/ and injured and especially unpleasantwhen 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 

### Justinis noteven listed onthe insurance. Beginfmwarded message: From: "Victoria Griffith" <victoria@myaccaviation.com> Date: October 4, 2012, 12:53:09 PMCDT To: <alan.long@.yahoo.com> Subject: DecPages 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. Ifthey have any questions please pass along my number to them and have them call me. Talkto 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 

### ADHDec Pages.PDF (1.14MB)
o 

### AeroSpacePilotFmm.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, Texas75001 BBB.B80.12B9 I 972.852.1200 GA99-33464-00 NEW

8/14/2012 TO 12:01 A.M. STANDARDTIME 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 COVERAGEAND 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 OFTHE 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 F01 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 LONG000453THIS ENDORSEMENT CHANGES YOUR POLICY. PLEASE READ IT CAREFULLY. Requirements for the Pilot Flyingthe Aircraft This endorsement applies onlyto the following aircraft: Ifno entryis made this endorsementappHes to allaircraft covered byyourpolicy. 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, PILOTCERTIFICATE, 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 OFTHE AIRCRAFT IN FLIGHT.

The following information is required only when the effective date ofthis 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 GA110 (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 GA11 0 (01 110) 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 orUmitations (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 Tolaf 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 orAny Ground/Flight Training Programs Attended Within the Last 24 Months: Name of School/ Program Nameof 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 orrevocations relaling to a driver's license or airman's certificate for FAR violations, use or possession of controlled substances ordrivingwhile intoxicated! Type ofTraining 

### 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 andcomplete to the bestofmyknowledge andthatno maten'alinformation has been withheld. IMPORTANT: SEE REVERSE SIDE FOR WARNINGS
Pilot Signature Date Signed AEROSPACE INSURANCE MANAGERS, INC. 14990 Lendmark Boulevard Suite300 I Dallas, Texas 75254 I Tel972.852.1200 888.880,1289 Fax 972.852.1212 1aerospaceim.com

221 East Glenoaks Boulevard, Suite 150 1Glendale, California 912071 Tel. 818.547.1400 Fax 818.547.3800 JWest Coast Office GA107 (01/10) LONG000456

### ImportantWarnings 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 CRIMINALAND {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 REGULATORYAUTHORITIES. NOTICE TO DISTRICT OF COLUMBIAAPPLICANTS: WARNING: IT IS A CRIME TO PROVIDE FALSE OR MISLEADING INFORMATION TO AN INSURER FORTHE PURPOSE OF DEFRAUDING THE INSURER OR ANY OTHER PERSON. PENALTIES INCLUDE IMPRISONMENTAND/OR FINES. IN ADDITION, AN INSURER MAY DENY INSURANCE BENEFITS, IF FALSE INFORMATION MATERIALLY RELATED TOA 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 OFA LOSS OR BENEFIT IS GUILTY OFA 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 INTENTTO 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 MATERIALTHERETO, 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 TYOFA 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) LONG000457Print 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 Managerofyour aircraft. Do you think you would have been covered had something happened?? Good luck. Please keep all of this to yourselfto 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=6rfd4mg9ggkh9 LONG000458 11/2/2015Print
Subject: Re: Fwd: Dec Pages From: Alan Long (alan.long@yahoo.com) To: Yancey.Rushton@faa.gov; Date: Thursday, October4, 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, October4, 2012 3:36PM Subject: Re: Fwd: Dec Pages Page 1 of 1

I guess that should tell you something about the Managerofyour aircraft. Do you think you would have been covered had something happened?? Good luck. Please keep all ofthis to yourself to help us. Pickett does not need to know whatwe know. Thanks for your help. Yancey

https:/ /us-mg5.mail. yahoo.com/neo!launch?.rand=6rfd4 mg9ggkh9 LONG000459 1112/2015

### Print Page 1of 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: Haveyou 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 orwere 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 DirectAir Carrier, which basically means that you called them and they arranged everything and you pay them. That's sort ofa 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 airtransportation and who has control overthe operational functions performed in providing thattransportation



### 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 aninvoice fromBFC only.No other entities were ever discussed and did notknowof TeamFinancialuntil I gotthe 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 ofa 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=6rfd4mg9ggkh9 LONG000461 

### 11/2/2015

### Print Page 1of 1 Subject: Re: Invoice From: Alan Long (alan.long@yahoo.com) To: Yancey.Rushton@faa.gov; Date: Friday, October 5, 2012 2:56 PM


### YesI paidteamfinancial and Shawnflowers's invoice, nothingto Lollar. Also, StevenPickett calledme and asked ifhe could get my credit cardto mnfor fuel for the flight so it wouldn't go through BFC. Thatwas the day after the flight. On Oct 5, 2012, at2:15PM, Yancey.Rushton@Jaa.gov wrote: Dr. Long: Have you paid anything yet forthe 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 DirectAir Carrier: means a person who provides or offers to provide airtransportation and who has control overthe 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 orderto 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 ofa 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 ofa 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 askfor 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 aboutthis 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 ofthe 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 immediatelyfollowing the flight to determine ifyou 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 ofthe flight. What did you do following his email. 10. Were you told by Mr. Steven Pickettthat a "low offer" would be placed on the aircraft to satisfythe 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 ofthis, 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. Ijust need one statement

lstead ofthree separate ones) that ties all ofthis together. Please understand the importance ofwhat 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 LONG000463Yancey Rushton

2 LONG000464

### Print
Subject: Fwd: Please contact Steven Pickett From: Alan Long (alan.long@yahoo.com) rushton23@gmail.com; To: Date: Friday, October 12, 2012 9:30PM


### Just gotthis. Won'tbeing 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: PleasecontactStevenPickett Dr. Long, Page I ofI



### Ifyou have timethis weekend, 

### I would appreciate the oppmtunity to speak withyou on the phone or meet withyou in person. I 

### am on a trip on Saturday, but I 

### will be available byphone. Sunday, I 

### am available inthe afternoon. Please, let me knowwhatyour preferenceis. I 

### think itis inrpmtant for us to talk. Thankyoufor your time, StevenPickett

https:

### IIus-mg5.mail.yahoo.com/neollaunch?.rand=6rfd 4mg9ggkh9 LONG000465 111212015

### Print Page 1 of2
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 whateveryou need orfeel like doing. I wouldjust say, he knows the hammer is aboutto fall and youjustneed to remember that he flew your wife uninsured, allowed Justinto fly uninsured, and usedyourplane (New Orleans) for his purposes, not yours. I am all abouthelping people and understanding mistakes. This case is not aboutthat. This is about greed, and a compete lack of concemfor others and safety all in the interest ofmaking a buck. Heprovedto me thathe doesn't care andthat's whyhe needs to betaken down. He knows hewas wrong and he wants to talk and make you feel sorry for him. Do what you wantand I don't care, but understand this, this is nothis firstrodeo. If

### he walks he will do this againto somebody elsejustlike you. He playedwithyour assets and yourfamily's safety. He putan uninsured, unqualifiedpilot in a plane withyour wife and family. Rememberthat. I represent you andhim and Ihave no interest in winning anything. I care about lives and safety and I see a lot ofhonible deaths from peoplethat aren't qualified and fly planes they shouldn't be flying. Mistakes are one thing. Willful acts ofnegligence are another. Good night. Sent fi·om my iPhone On Oct 12, 2012, at 9:30PM, AlanLong <ahm.longr.il)yahoo.com> wrote: Just got this. Won'tbeing contacting him. Beginforwarded 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 oppmtunityto speak with you onthe phone or meet with you inperson. I am on atrip on Saturday, butI will be available by phone. Sunday, I am available in the aftemoon. Please, let me knowwhatyour preference is. I thinkit is important

**https://us-mg5.mail.yahoo.com/neo/launch?.rand~6tfd4mg9ggkh9** LONG000466 

### 11!2/2015

### Print forus to talk. Thankyoufor yourtime, StevenPickett

https://us-mg5.maiLyahoo.com/neo/launch?.rand=6rfd4mg9ggkh9 Page 2 of2

LONG000467 1112/2015

### Print Page I ofI
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 outto get anyone. I amjusttryingto protect you, your wife, me, andthe randompersononthe street. Thiswas careless, disrespectful, and selfcentered. It 

### wasn't a innocentmistake. 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. Beginforwarded 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 StevenPickett 

### Dr. Long, Ifyou have time this weekend, I would appreciate the opportunity to speak withyou onthe phone ormeet withyouinperson. I amona trip on Saturday, butI will be available by phone. Sunday, I am available inthe afternoon. Please, let meknow what your preference is. I thinkitis important for us to talk. Thank you for yourtime, StevenPickett

https://us-mg5.mail.yahoo.corn/neo/launch?.rand=6Jfd4mg9ggkh9 LONG000468 

### 1112/2015

### Print Page 1of 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. Atthe 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 doingitthe rightway- the way I know the public is hoping you're doingyourjob. Thankyou for that. Have a good weekend. On Oct 12,2012, at 11:10 PM, Yancey Rushton<rushton23(Zi;gmail.com> wrote: One lastthing. Please understand, I am not outto get anyone. I amjustt1ying to protect you, your wife, me, and the randomperson on the street. This 

### was careless, disrespectful, and selfcentered. It

### wasn'ta innocentmistake. It was calculated and deceitful. Sent from my iPhone OnOct 12, 2012, at 9:30PM,AlanLong <alan.long@yahoo.com> wrote: Just gotthis. Won'tbeing contacting him. Begin forwarded message: From: <bfcllc@windstream.net> Date: October 12,2012,9:27:24PM CDT To: "alan.long@yahoo.com" <alan.long@yahoo.com> Subject: Please contactSteven Pickett Dr. Long, Ifyou have time this weekend, I would appreciatethe opportunity to speak withyou onthe phone ormeet with you in person. I am on a trip on Saturday, but I will be available by phone. Sunday, I am available inthe afternoon. Please, letme know what yourpreference is. I thinkit is importantfor us to talk. 

### Thank youfor 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 itto 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@skindxgroup.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 alterthe truth. I am simply asking you to write down in the form of a statement things that you told me and mySupervisor in conversation. Thanks 1. When you made initial contact with Aviation Services Group on September 17, 2012, did you askfor a quote on a charter trip to Destin, Florida? 2. Whatwas 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 LONG0004706. Did anyone discuss with you anything about the performance ofthe aircraft, its operating costs, its acquisition costs, insurance costs, or anything that might lead one to believe thatthis was a demonstrationflight? 7. Did the broker, Mr. SteveAllen, contact you priorto the flight or immediately following the flight to determine ifyou 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 aboutthe nature ofthe 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 aircraftto 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 ofthis, what have you done with the Baron that you own? Thanks for your help. You don't need to answerthese questions in order or by number. Ijust need one statement (instead ofthree seperate ones) that ties all ofthis together. Please understand the importance ofwhat I am asking and why. The better case I can make on paper, the more likely he will settle and all ofthis 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

LONG000473October 12,2012
I contacted Aviation Services Group (ASG) on September 17, 2012 and askedthemfor a quote for a charter flightto Destin on September 18 where our company was having an inspection in ournew location. I also spoke with Justin Lollar at Birmingham Flight Center (BFC) about the possibility ofarranging a flight. While BFC had originally planned to fly us in my Baron thatthey maintained for us, they said the weather was not good enough that day and wouldfind another plane ifweneededto go. Mr. LaHar called back later thatday and said we had Mr. Serra's CJwe could take. I do notknow who specifically arranged for the pilots andplane. I was told that ShawnFlowers would beflying 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 notthinkofthe flight as a demonstration as much as a wayto getus to Destin on thatparticularday. 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 ofthis 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 BFCsince they arrangedthe flight. Upon arrival back in Birmingham, I received an email from Bob Kent who was concernedthe flight may represent an i11egal charter. I called StevenPickett and askedhim what was going on. He said notto worrythat 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 ofplanes. I did nothear from Steve A11en prior to the flight but received an email from him around llpm that nightthanking me for taking the demonstration flight on their listed CJ N525LP. I did not knowuntil this email thatthisparticularplane 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, thatit was a demo flight. I did notplace an offer on theplane orhave any intentto buyit. 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 bya checkmailed tohis home as directed. His invoice stated "Thanks, J enjoyed Demonstrating the Jet for you!!!" Mr. Lollar's invoice was received by emaiJ on September23. Itread 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 thanusual for the flight. The pilot fee formyselfon 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 ofthe aircraft used forthe 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 oUTnext meeting. Have a blessed day and I wi\1 talk to you soon. Justin M. Lollar CommerdalPilot Services CFT The next morning, September 24, Ireceived a text from Mr. Lollar that said, "Good afternoon. Yesterday I sent an email to you forthe flight onTuesday. Please disregardthat email. I hope all is well andI will talk to you"I replied, "I have the check readybutcan destroy. Bfc will bill?" He responded, ''No sir. FAA meeting was very interestedto 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 himwhere things stood with itnow and he said he thought everything had been taken care ofwiththe FAA. I have not had aoy further conversations withMr. Lollar, Mr. Pickett, Mr. Allen orMr. Flowers aboutthis flight. Ihave stopped takinglessons and movedmyBaron on October2fromthe hangar and care ofBFCto anotherhangar atthe BinninghamAirportand have listed itfor sale. This statementis entirelyaccurate to thebest ofmy 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. Iam 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. Whatwas 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 LONG0004765. Did you think your were being provided a "demonstration" flight? When wasthe first time "demonstration flight" was used in conjunction with this trip? ;. Did anyone discuss with you anything about the performance ofthe 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 immediatelyfollowing 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 ofthe 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 satisfythe 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 anyfollow up conversations regarding this flight? 13. As a result ofthis, what have you done with the Baron that you own? Thanks foryour help. You don't need to answer these questions in order or by number. Ijust need one statement (instead of three seperate ones) that ties all ofthis together. Please understand the importance ofwhat I am asking and why. The better case I can make on paper, the more likely he will settle and all ofthis 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 ofthe 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 1o: 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 LONG000478From: 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 Itold 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 ofquestions 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 ofthe 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 ifyou 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 ofthe 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. Ijust need one statement (instead ofthree seperate ones) that ties all ofthis together. Please understand the importance ofwhat 1am 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 LONG000479Yancey, 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 ofa 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 askfor 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 immediatelyfollowing 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 aboutthe nature ofthe flight. What did you do following his email. 2 LONG00048110. 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 ofthis, 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. Ijust need one statement (instead ofthree seperate ones) that ties all ofthis together. Please understand the importance ofwhat I am asking and why. The better case I can make on paper, the more likely he will settle and all ofthis 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 orthe 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. Ifso, please pass on and understand that I am doing all I can within the structure ofthe system and I thinkwe have a strong case and we are going to see some results. Having said that, we also live in America where people are innocentfirst {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 badlyfor the one individual who has really paid the highest price so far. The other house ofcards will fall too though and I think you will see the results you were hoping for. Bottomline, ifyou are talking with the people who wrote me that letter two days ago, this FSDO is aware ofthe concerns and issuesand 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. AlanLong SubpoenaCompliance Responses to Rider Requests #9 and# 10

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 yourmailing address? Office ofRegional 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 ofthe 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 gettingthis all outto you todayfor 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. > >Thankyou, > >Christopher Stevenson >Attorney >Office ofthe 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
Discoverytechnically ends today. However, the Respondent did not actually get in touch with me about discovery until two days ago. So we are goingto be continuing to provide each otherwith information pastthe close of discovery. Christopher Stevenson Attorney Office ofthe Chief Counsel Enforcement Division -SouthernTeam (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 gettingthis all outto you today for delivery by Monday. When does discovery end?
>On Aug 21, 2015, at4:01PM, "Chris.Stevenson@faa.gov" <Chris.Stevenson@faa.gov> wrote: > >Dr. Long, > >That is the correct address. > >Thankyou, > > Christopher Stevenson >Attorney >Office ofthe 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 at4:25:39 PM CDT To: "AlanLong, M.D." <along@lskindxgroup.com> Subject: Attached Image

1 LONG000489Print 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 CJis a 1.9 hrflight each way & 

### it would cost about $7,840.00 round tripfor thejetandfueL Then $900.00for the crew for the day. Steven

---- Alan Long <alan.long@yahoo.com> wrote: >Thx how aboutthe price onthe cj? 

### > > > >On Aug 31,2012,at 12:48 PM, <bfcllc@windstream.net> wrote: > 

### >>Alan, >> '> 

### > 

### 1gotthem all onthe books.ThatCJ we can only take 

### 5. That's why when we get you one 

### I would getthe Sth 

### seat. The 650 would be perfectfor thatrun bigger andfaster and you can take 8ifyou want It

### would be a 1.5 hr

### flight inthe 650 each way. $10,500.00 for the airplane andfuel 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 aboutlast night. 

### >> >>Monday,Sept 10- Destin- Baron- depart BHMapprox 0830 and departDTS approx 1500 >> 

### > > Friday, Nov 2- Savannah, GA- Baron
- departBHM approx 1200 and depart Savannah Sat,Nov 3, approx 1600 EST >> >>Saturday,Mar 2- Miami,FL- CJ- depart BHM approx 1200 and departMiami approx 2330 EST 

### >> >>Justwanted to confirm thatthe 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 orwould the 650 be all thatwould possibly be available. 

### >> >>Thanks.

about:blank Pagelof2 LONG000490Print 

### >> >>Alan

about:blank 8{21/15, 3:02PM

Page. 2 of2 LONG000491Print 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


### DearDr. Long Good afternoon sirandI hope allhas beenwell. Duetothe change inplans on Tuesday's flight, thebilling will bedifferentthanusual fortheflight. Thepilotfee for myselfonthe day is $400. Itcanbemailedtomy home address at 6786 DeerfootDrive PinsonAL, 35126 sincetheBirminghamflight centerwasnotanofficialmanager ofthe aircraft used forthe demo flight everythingwillbedone separatelyfrom the flight center. I wanttothankyoufor verymuchfor allowingmeto fly you and I lookforwardto our nextmeeting. Have a blessed day andI will talktoyousoon. JustinM. Lollar CommercialPilotServices CFI

aboutblank Page 1 of 1 LONG000492Print 8/21/lS, 3:33PM Subject: Re: Invoice From: Alan Long (alan.long@yahoo.com) Yancey.Rushton@faa.gov; To: Date: Friday, October 5, 2012 2:56PM


### Yes I paid teamfinancial and Shawn flowers's invoice,nothing to Lollar. Also, StevenPickett called me and asked ifhe could get my credit card to runforfuel for the flight so it wouldn't go throughBFC. That was the day afterthe flight. On Oct5, 

### 2012,at 2:15PM, Yancey.Rushton@faa.gov wrote:
Dr. Long: Have you paid anything yet forthe flight to Destin? Specifically, did you know the plane was owned byTeam 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 paythem. That's sort of a laymens way of looking at it butthe definition in a nutshell. Thanks Have a good weekend. Yancey Rushton
Direct AirCarrier: means a person who provides oroffers to provide airtransportation and who has control over the operational functions performed in providing that transportation

about:blank LONG000493 Page 1 of 1Print Subject: Please contact Steven Pickett From: To: Date: 

### Dr. Long, bfcllc@wlndstream.net (bfcllc@windstream.net) alan.long@yahoo.com; Friday, October 12, 20129:27 PM 8(21/15, 3:50PM



### If

### youhave time this weekend,I would appreciate the opportunity to speak withyou onthe phone or meet withyou inperson. I 

### amona trip onSaturday,butI 

### will be available by phone. Sunday, I 

### amavailable inthe afternoon. Please,letme know whatyour preference is. I 

### think

### itis importantfor us to talk. Thaukyouforyourtime, StevenPickett

aboutblank Page 1 of I LONG000494Print 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



### Thankyoufor looking atitfor 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, aftertalking withmy accountant itlooks like we've got everythingpretty welltied uprightnow. I'm sorry we won'tbe able to help.
OnAug29,2012, at 6:14PM, StevenPickett<bfcllc@yahoo.com> wrote: Alan, Thankyou for looking at this for me. Theotherguy inthis is a friend ofminethatis a captainfor FED EXhe lives here inBirminghambutwill be based in Chinafor thenextyear. His wife and kids will stillbehere, so he will be backevery few months for 3 or4 weeks at atime. 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 Pagelof2Print 8/21/15, 3:53 PM



### <Loan for Nl48SB.PDF>

about:blank Page 2 of2 LONG000496

## Loan Agreement
The following is an agreementto procure a loan in the amount of$89,000.00 for the purpose ofrefinancing 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 ofeach 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 ofLiens.

Steven Pickett 

### Date Date 

### Stephen Helmers Date

LONG000497l 1 l'lll,'tplll P:IJII " 

### ' lntl'rt•.o;t l'aid )< t'l11 :_11 !_t_i IIJo'__! \i 1 j;Ill;·1_.

,,,-, 1·,

LONG000498700.00 700.1)0 700.00 7<)0.00 700.011 71111 00 700.1Jil 70().00 700 00 70000 700 I)[) 700J)ll

700.00 700.00 700.0[) 70lLOIJ -;) i.\' 

### ,":i· .,-.;

LONG000499$58

### .suo.oo

LONG000500October 12, 2012 I contactedAviation Services Group on September 17, 2012 and asked themfor a quote for a. charter flight to Destin onSeptember I 8where ourcompany was having an inspectionin our newlocation. The flight was for me, ourChief

_______ **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 inmy Baron that they maintained for us, they said the weather was notgood enough thatday and theywouldfind anotherplaneifwe neededto go. Mr. Lollarcalled backlaterthat day and saidwe had Mr. Serra's CJthat we could take. I do not know who specifically arranged for the pilots andplane. I was told that ShawnFlowers 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 ofthe flight as a demonstration ofthe plane. Itwas a wayto getusto Destin onthatparticular day. The first time the phrase "demonstration flight'' was used in conjunction with this trip was the night we returned fromthe trip by StevenPickett ofBFC onthe phone withme. No one discussed withme anything aboutthe performance ofthis Citation

**Jet~** lts operating costs, its acquisition costs, insurance costs oranything else that might leadme tobelieve this was a demonstrationflight. I assumedI wouldbe invoicedfromBFC since theyarrangedthis 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 StevenPickett and asked him whatwas going on. He said notto worrythathe wouldcaH 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 ofplaues. I did not hear from Steve Allen prior to the flight butreceived an email from him around llpmthat nightthanking me for taking the demonstration flight nntheir listedCJN525LP. I did notknow until that email tbatthis particularplanewasevenforsale. 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, thatitwas a demo flight. I did notplace anoffer onthe plane orhave any intenttobuyit The week following the flight I received invoices from Mr. Flowers and Mr. Lollar. Mr. Flowers' invoice was received byemail on September 19 for $450.00 andwas paid by a checkmailedto his home as directed. His invoice stated, "Thanks, I enjoyed Demonstrating the Jet for you!!!" Mr. Lollar's invoice was received by email on September23. Itreadasfollows, Dear Dr. Long

Good afternoon sirand Ihope all has been well. Due to the change in plans on Tuesday's flight, tbe biUing will be different than usual for tlto flight. ·Thopilot fee for myselfon the da.y is .$400. JL canbemailed to my homeaddress at

**(,;;~r,** l_lu:il(·"'l llrr<_,. l'l!r-.mr /\[
.
**-~-~I~(,** sincettte Binningham fligltt center was not an official manager of !he aircraft used for the demo fligh.t everything will be done separately from theflight center, I want to thankyou fur very much for aHowing me to fly you and I look forWard to ournext meeting. Have ablessed day and I will talk to you soon. Justin M. Lollar Commercial Pilot Services CF! Thenextmorning, September 24, I received a text fromMr. Lollarthat said, "Good afternoon. Yesterday I sentan emailto youfor the flight on Tuesday. Please disregard that email. I hope all is well and will talk to you"I replied, "I have the checkready butcan destroy. bfc will bill?"Heresponded, ''No sir. FAAmeeting wasvery interestedto here (sic) wether (sic) ornottherewas a bill from us for me. (no)"

LONG000502Itookmy lasttraining flight with theBirminghamFlight Center the following day on September 25 with an instrnctor otherthanMr. Lollar. As I wasleaving, Ibrieflysawlvlr. Lollar whomentioned he was sorry about everythingwiththe flight. I asked himwherethings stood with itnow andhe saidhe thought everythinghadbeen taken care ofwiththe FAA. !havenothad anyfurther communications withMr. Lollar,Mr. Pickett, Mr. Allen or Mr. Flowers aboutthis flight.

----- I have stoppedtakingflightlessons and movedmyBaronon Oct.ober2 from the hangar and care ofBFC to another hangar atthe BirminghamAirport aodhave listeditfor sale. This statementis entirely accurate to the best ofmy knowledge.

AlanLong

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 perflight 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 Thankyou foryourbusiness! invoice

LONG000504

# Shawn Flowers 519t Shady C1est 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

PilotDay Rate Trip
DESCRIPTION 

# lNVOrcr.



# ~ll\.~~\1;

**-----.,mn~K~E~wo~.-.9~,~s-----------­** DATE September20, 2012 CUSTOMER ID 100

PAYMI'!« 'IJ;RMS DIIE DATE Due upon receipt Due upon receipt UNITPRICE UNElttrAL 

## s 450.00 $ 4511.00
Thanks, Ienjoyed Demonstrating theJetfor yoo !!!

Make allchecks payable to Address above THANK YOU FOR YOUR BUSINESS! 

# I

SUBTOTAL 

## s 4511.00 SAI£STAX TOTAL $ 450.00

LONG000505Print 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 

### CJis a 1.9 hr

### flight each way & 

### itwould cost about$7,840.00roundtrip forthejetandfuel. Then $900.00forthe crewforthe day. Steven ----AlanLong<a!an.long@yahoo.com>wrote: > Tbx

### how about the price onthe cj? 

### > > 

### > >OnAug 31,2012,at 12:48 PM,<bfcllc@windstream.ne1> wrote: 

### > >>Alan, >> >I got them all onthe books. ThatCJ we canonlytake 5. That's why when we getyouone I would getthe oth seat.The 650 would be perfectfor thatrun bigger andfaster and youcan take 8 

### ifyou want. 

### Itwouldbe a 1.5 hrflight in the 650 each way. $10,500.00for the airplane andfuel round trip. Plus the crew

### is $1,000.00 for the day. 

### >> >>Steven >>----AlanLong<alan.long@yahoo.com>wrote: >>>Steven, 

### >> >>Here are the trips we spoke aboutlastnight. 

### >> >>Monday, Sept 10
- Destin- Baron
- departBHMapprox 0830 and departDTS approx 1500 >> >>Friday,Nov 2- Savannah,GA- Baron- departBHMapprox 1200 and depart Savannah Sat,Nov 3, approx 1600EST >> >>Saturday,Mar2- Miami, FL- CJ- depart BHMapprox 1200 and departMiami approx 2330EST 

### >> >>Justwanted to confirmthatthe CJwill ride 5 passengers andnot 6.Ifwe wanted to take one or two more wouldtherebe something to 

### accomodate like a IllSII or wouldthe 650 be all that would possiblybe available. 

### >> •Thanks.

about:blank Page 1 of, LONG000506Plint 

### >> >>Alan

about:blank 8/21/15, 3:02PM

Page2of2 LONG000507Print 8/21/15, 3o41 PW Subject: Pilot Feesfor 9-18-2012



### rom: Justin Lollar ijuslin.lollar@att.net) To: alan.long@yahoo.com;

**--Date:-~- -~nday.**  Septell!bel 23, 2012

**2.2frf>M--~~--------** 

### DearDr. Long Good afternoon sir and Ihope 

### allhas beenwell. Due to the change inplans on Tuesday's flight, the billing willbe different thanusualfor the flight. Thepilotfee formyselfonthe day is $400.It canbemailedtomy home address at 6786DeerfootDrive PinsonAL, 35126 since the Birminghamflight centerwas notan officialmanagerofthe aircraft usedfor the demo flight everything

### willbe done separatelyfrom the flight center. I wantto thankyou forverymuchfor allowingme to fly youand I lookforward to ournextmeeting.Have a blessedday andI 

### willtalktoyou soon. JustinM. Lollar 'mmercialPilot Services

**~..-PI**

about:blank Page 1 of. LONG000508Print 8{21/15, 3:33 PJI.. Subject: Re: Invoice
To: Alan Long (alan.long®yahoo.com) Yancey.Rushton @faa.gov; Date: Fnday, October 5, 20122:56 PM


### Yes I paid team financial and Shawnflowers's invoice, nothing to Lollar. Also, StevenPickett called me and asked ifhe could getmy creditcard to run forfuel forthe flight so it wouldn't go throughBFC.Thatwasthe day afterthe flight. 

### OnOct

### 5,2012,

### at2:15PM,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 byTeam Financial, Incand were you expecting an invoice from the or were you expecting an invoice from the Birmingham Flight centerfor everything? This piece ofinformation is critical because I amtrying to establish whether or not BFC was serving as a DirectAir Carrier, which basically means thatyou called them and theyarranged everything and you paythem. That's sort ofa laymens way of looking at it butthe 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 1Print Subject: Please contact Steven Pickett 

### .'rom: To:



### Dr. Long, bfcllc@windstream.net (bfcllc@windstream.net) alan.long @yahoo.com; Friday, Octoller 12, 20129:27 PM· 8(21/15, 3:50**p~**



### Ifyou havetime this weekend, I would appreciate the opportunity to speakwithyouon the phone ormeet withyouinperson.I am ona trip onSaturday,butI will be available by phone. Sunday, I amavailable in the afternoon. Please,letme know what your preferenceis. I think itis importantfor us to talk. Thankyouforyourtime, StevenPickett

about:blank Page 1 of 1 LONG000510Prtnt 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



### Thankyoufor looking atitfor 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, aftertalkingwithmy accountantitlookslike we've got everythlngpretty well tiedup

### rightnow. I'm sorry wewon'tbe abletohelp.
OnAug29, 2012, at6:14PM, StevenPickett<bfcllc@yahoo.com> wrote: Alan, Thankyoufor looking atthis for me. The other guy 

### in this is a friend ofmine that is a captainfor FED EXhe liveshere 

### in Birminghambutwill be based 

### in Chlna for the nextyear. His wife and kids will stillbe here, so hewill be back every fewmonthsfor 3 or4weeks atatime. 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 ofPrint 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 agreementto procure a loan in the amount of.$89,000.00 for the purpose ofrefinancing a currentloan for N148SB, a 

### Piper PA30 Twin Comanche S/N 1148. 

### Steven Pickettand Stephen Helmers, together, agree to 

### pay to

**-----~--··----------the** 

### sum 

### of$700.00 per 

### month for 

### eighty-four (B4} consecutive months due on the 1" dayofeach 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 7years with a batloon payment of$55, 975.11 due at the end of84 months. 

## This [oan will be secured by

### an AircraftSecurityAgreementto be completed by

### aH parties involved in thisagreement and filed with the FAA. Upon the satisfactorycompletion oftheloan requirements, the AircrMtSecurityAgreementwill be considered null and void and the Joan holder mustfile any required Release 

### ofLiens.

Steven Pickett Date 

### Date Stephen Helmers Date

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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

Iwanted to update you on the status ofthe 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 nottake place in November 2015. The hearing was continued to allowfor resolution ofdiscovery disputes and for thefiling ofmotion that may resolve thecase withouthearing. The hearing is now scheduled for the week ofSeptember 12, 2016. Additionally, Birmingham Flight Centerhas requested thattheJudge in this case issue subpoenasto you (and Aviation Services Group) to produce certain documents in this matter. Ifand when you receive such a subpoena, please contact me (or have your attorneycontact me). The requests appearto be improperin whole or in part, in thatwe are pastthe pointin this litigation where newdiscovery requests have been made, and in thatthe requests appearto seek documentation that is notrelevant to this case. You and your attorney may, ofcourse, be able toidentify other problems with regards to this request. Ifyou receive the subpoena,you will be required to comply with it unless something is filed with thecourt seeking relieffrom the subpoena. ChristopherStevenson \ttorney Jffice ofthe ChiefCounsel 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. Iwill let you know ifor when I receive that From: Chris.Stevenson@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 ofthe 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 forthe filing of motion that may resolve the case without hearing. The hearing is now scheduled forthe week ofSeptember 12, 2016. Additionally, Birmingham Flight Center has requested thatthe Judge in this case issue subpoenas to you (and Aviation Services Group) to produce certain documents in this matter. Ifand when you receive such asubpoena, please contact 'lle (or have your attorney contact me). The requests appearto be improper in whole or in part, in that we are pastthe ,Joint in this litigation where new discovery requests have been made, and in thatthe requests appearto seek documentationthat is not relevant to this case. You and your attorney may, ofcourse, be able to identify other problems with regards to this request. Ifyou receive the subpoena, you will be required to complywith it unless something is filed with the court seeking relieffrom the subpoena. Christopher Stevenson Attorney Office ofthe Chief Counsel Enforcement Division -SouthernTeam (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, Itwas mailed 10/21/2015. It was received 10/26/2015. I opened it this morning, 10/27/2015. From: scanuser Sent: Tuesday, October 27, 2015 9:50AM To: Alan Long, M.D. <along@skindxgroup.com> Subject: Attached Image

1 LONG000519

### U.S. DEPARTMENT OFTRANSPORTATION FEDERAL AVIATION ADMINISTRATION CIVILPENALTY SUBPOENA IntheMatterof: 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 ofthe Department ofTransportation at: in the city of ----------- on the ______ day of _______ _ at _____am 

# 0 To appear and testify at a depositionto 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 fyouhave any questions aboutthis subpoena, contact 20 __,

20

at this address and telephone number: ----------------------------

Hearing DocketClerk Authority: 14 C.P.R. § 13.228; 49 U.S.C. §§ 5121 and 1.470)(I), or49 U.S.C §§ 46104 and 106(g)(l) ANY PERSONWHODOESNOT OBEYTHIS SUBPOENAIS SUBJECT TO FINE ORIMPRISONMENT ORBOTHUNDER49 U.S.C § 46313.

LONG000520RETURN OF SERVICE
I CERTIFY 

### that aduplicate 

### I



### ar~(circle one) ofthis subpoenawas served onthe personnamed in the subpoena by: 

### U.

## s <'.ecfif.

## e,fMo;t 

### at 

### ¥/2 

### old 

### fVioY!feonw-y 

### onthe :2./

**~** 

### day of C)c/IJ6u=

LONG000521U.S. DEPARTMENT OF TRANSPORTATION OFFICE OFHEARINGS, WASHINGTON,DC INRE: BirminghamFlightCenter,Inc. ) ) ) DocketNo. FAA-2014-0867 Judge J.E. Sullivan Respondent. FAA CaseNo, 2012S0090053 

### SUBPOENA RIDER (J. Alan Long, MD) Pleaseproducethefollowing documents: 1) All memoranda, e-mailtransmissions, correspondence and documents receivedfrom Aviation Services Group and its agents and employees (includingbutnot limitedto Bob KentandRhondaMasters)byJ. AlanLong, M.D. for theperiod of January 2011 to and includingDecember31,2012. 2) All memoranda, e-mailtransmissions, correspondence and documents sent 

### to Aviation Services Group andits agents andemployees (includingbutnotlimitedto Bob Kentand RhondaMasters) byJ. AlanLong, M.D. for theperiod ofJanuary 201 1to and includingDecember 31,2012. 3) Allmemoranda, e-mailtransmissions, correspondence anddocuments receivedfrom BinninghamFlight Center andits agents and employees byJ. Alan Long, M.D. fortheperiodofJanuary 2011 to andincludingDecember31, 2012. 4) Allmemoranda, e-mailtransmissions, correspondence and documents sent to BirminghamFlight Centerandits agents and employees byJ. Alan Long, M.D. forthe period ofJanuary2011 to andincludingDecember 31,2012. 5) All memoranda, e-mailtransmissions, correspondence and documents receivedfrom PremierGroup (includingbutnotlimitedto its employees andits President, J. StevenAllen, Jr.) byJ.AlanLong, M.D. for the period ofJanuary2011 to and including December 31, 2012. 6) All memoranda, e-mailtransmissions, correspondence anddocuments sent 

### to Premier Group (including butnotlimitedto its employees andits President, J. Steven Allen, Jr.) byJ. AlanLong, M.D.fortheperiodofJanuary 2011 to and including December 31, 2012. 7) All memoranda, e-mailtransmissions, correspondence and documents receivedbyJ. AlanLongMDfromFAAEmployees, YanceyRushton, PatBruce, Clay Perkins and DavidHargett, fortheperiod ofJanuary 20II tothe present.

l!Page LONG000522Sender. 

## E 

# 1 BARNETT &

-

**~** : WAU KEGAN ROAD, SUITE200 

# , i GLENVJEW, IL 60025



### ~ I! 

# i

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### *'• I 

### $6.96Q US POSTAGE FIRST .CLASS FROM60014 OCT212015



# "'

**·~**

J. Alan Long, MD 3512 Old Montgomery HomewoodAL 35209 

## I•ulpi•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, October27, 2015 1:20 PM Alan Long, M.D. jlevy@babc.com RE: Attached Image

I would like to speakwith you and/oryour attorney (at your option) about responding to this subpoena. As I mentioned the lasttime we interacted, discovery is closed in this case (and was closed even before Respondent obtained the subpoena, which Inote is dated almost a month before it was served). Many ofthe questions seem overbroad as well, but Ican't speak as to how burdensomethey would be withoutyourinput. An objection and/or motion to quash to some or all ofthe requests can comefrom my office or directly from you (presumablythrough 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, orotherwise) is appropriate. Thank you, ChristopherStevenson Attorney Office of the ChiefCounsel "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 ofinformation. The subpoena is dated 9/23/2015. It was mailed 10/21/2015. It was received 10/26/2015. Iopened 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 contactingyou today. From: Chris.Stevenson@faa.gov [mailto:Chris.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, Iwould like to speak with you and/or your attorney (at your option) about responding to this subpoena. As Imentioned the lasttime we interacted, discovery is closed in this case (and was closed even before Respondent obtained the subpoena, which Inote is dated almost a month before it was served). Many ofthe questions seem overbroad as well, but Ican't speak as to how burdensome they would be withoutyour input. An objection and/or motion to quash to some or all ofthe requests can comefrom my office ordirectly from you (presumablythrough 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 ofthe ChiefCounsel 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. Iopened it this morning, 10/27/2015. -=rom: scanuser Sent: Tuesday, October27, 2015 9:50AM
1 LONG000525To: 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 1.5flight hours @ 

### $1,3110.00 perflight hr. 

# Invoice Number 0919



### Total Due: 

### $1,950.00 Please remit paymentto Team Financial, 9709 Parkway 

### Easl Suite D, Birmingham, AL 35215 Payable upon receipt Thankyou foryourbusiness! invoice



### EXHIBIT L LONG000504I 

# 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 September20, 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 PitotDay Rate

**Thanks~** Ienjoyed Demonstrating theJetforyou l1!

Make all checks-payable to Address above THANK YOU FOR YOUR BUSINESS! 

## s



# I 450.1111 $ 450.00

SUBTOTAL 

## s 450.00 SALESTAX TOTAl $ 450.00

LONG000505Print 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 hrflight each way & 

### itwould cost about $7,840.00 round trip for thejetandfuel. Then $900.00 forthe crewfor the day. Steven ----AlanLong<alan.long@yahoo.com> wrote: > Thxhowabout the price onthe cj? > > > 

### >OnAug 31,2012,at 12:48 PM,<bfcllc@windstream.nei> wrote: > 

### >>Alan, >>

>I got them all on the books. ThatCJwe can only take 

### 5. That's whywhen we getyou one I would get the vth seat. The 650 would be perfectforthatrunbigger andfaster and you can take 8ifyou want. It

### would be a 1.5 hr

### flight 

### in the 650 each way. $10,500.00 for the airplane and fuel roundtrip. Plus the crew is $1,000.00 for the day. >> 

### >>Steven >>----AlanLong<alan.long@yahoo.com> wrote: >>>Steven, >> 

### > > Here are the trips we spoke about last night. >> 

### >>Monday,Sept 10- Destin- Baron- departBHMapprox 0830 and departDTS approx 1500 >> >>Friday,Nov 2- Savannah, GA- Baron- depart BHM approx 1200 and depart Savannah Sat,Nov 3, approx 1600EST >> 

### >>Saturday,Mar2 -Miami,FL- CJ- depart BHMapprox 1200 and depart Miami approx 2330 EST >> 

### >>Just wanted to coniirmthatthe CJwill ride 

### 5 passengers and not6. Ifwe wanted to 

### take one ortwo more would there be somethingto accomodate like a II/Sll orwould the 650 be all that would possibly be available. >> 

### '>Thanks.

aboutbtank Page 1 of LONG000506Print 

### >> >Alan

about:blank 8/21/15, 3":02 PM

Page 2 of 2 LONG000507Print 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-----


### DearDr. Long Goodafternoon sirandIhope all hasbeen well. Dueto the change inplans on Tuesday's flight, thebilling willbedifferentthanusual forthe flight. Thepilotfee for myself

### onthe day is $400.It

### canbemailedtomy homeaddress at 6786 DeerfootDrive PinsonAL, 35126 

### since the Birminghamflight center was uot an officialmanager ofthe aircraftusedfor the demo flight everything

### will be done separately from the flight center. 

### I wantto thank youfor verymuchfor allowingme to fly youand

### I lookforward to ournextmeeting. Have 

### a blessedday and I 

### willtalk

### to you soon. Justin 

### M.Lollar



### -1mmercialPilot 

### Services

**~FI**

aOOut::b!ank Page 1 of LONGDD0508Print 8/21[15, 3;33**p~** Subject: Re: Invoice From: To: Date: Alan long (alan.!ong@yahoo.com) Yancey.Rushton@faa.gov; Fnday, october5, 2012 2:SSctP"'Ma-------------


### Yes I paid teamfinancial and Shawn :flowers's invoice, nothing to Lollar. Also, StevenPickett called me and asked ifhe could getmy creditcard to

### runfor fuel for the flight so

### it wouldn'tgo through

### BFC.Thatwasthe day afterthe flight. 

### On

### Oct5,2012,at2:15PM, Yancey.Rushton@faa.gov 

### wrote:
Dr. long: Have you paid anything yet for the flightto Destin? Specifically, did you know the plane was owned byTeam Financial, Inc and were you expecting an invoicefrom the orwere you expecting an invoice from the Birmingham Ffight centerfor everything? This piece of Information is critical because I am trying to establish whether or not BFC was serving as a DirectAir Carrier, which basically meansthat you called them andtheyarranged everything and you paythem. That's sort of a laymens way of looking at it butthe 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 overthe operational functions performed in providing that transportation

about:blank LONG000509 P-age 1 of 1Prtnt Subject: Please contactSteven Pickett From: 

### To: bfcllc@windstream.net (bfcllc@windstream.net) alan.long@yahoo.com;

**-i'lD"'a"le"":--tl"~,-;,;,d"'ay",-ro"'ctober** 

### 12, 20129:27 PM ·· ----



### Dr.Long, 8!21/15, 3:50 Pi\1



### If

### youhave time this weekend,I would appreciate the opportunity to speakwithyou on the phone ormeet withyou inperson.I amon a trip onSaturday,butI willbe available byphone. Sunday,I amavailable 

### inthe afternoon. Please, letmeknowwhat yourpreference is. I thinkitisimportantfor us to talk. Thankyoufor your time, StevenPickett

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

Discoverytechnically 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 otherwith information pastthe close ofdiscovery. Christopher Stevenson Attorney Office ofthe ChiefCounsel 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 outto you todayfor delivery by Monday. When does discovery end?

>On Aug 21, 2015, at4:01PM, "Chris.Stevenson@faa.gov" <Chris.Stevenson@faa.gov> wrote: > >Dr. Long, > >That is the correct address. > >Thankyou, > >ChristopherStevenson >Attorney >Office ofthe 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 LONG000488C: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 ofthe 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 ofdiscoverydisputes and forthe filing of motion that may resolve the case without hearing. The hearing is now scheduled forthe week ofSeptember 12, 2016. Additionally, Birmingham Flight Center has requested that theJudge in this case issue subpoenas to you (and Aviation Services Group) to produce certain documents in this matter. Ifand when you receive such asubpoena, please contact me (or have your attorney contact me). The requests appearto 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, ofcourse, be able to identify other problems with regards to this request Ifyou 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 ofthe Chief Counsel Enforcement Division- Southern Tearn (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/oryour attorney (at your option) about responding to this subpnena. As 1rnentioned the lasttl!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 ofthe 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 ordirectly frorn you (presumably throughyour attorney), Please give r-ne acall {ancl/or have your attorney give me a call) and we can discuss what response (object!Dn, motion, comjJ!iance, or otherwise) is appropriate. Thanf.: you, Christopher Stevenson ,fl,ttorne)l Office of the Chlef Counsel Enforcement

**Division~** SouthernTeam (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: scanuser cen<: Tuesday, October27, 2015 9:50AM EXHIBIT 

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**~** 1 LONG000525To: Alan Long, M.D.<along@skincl>cgroup.con}> Subject: Attached Image

2 LONG000526U.S. Department ofTransportation Federal Aviation Administration



### VIACERTIFIED MAIL Paul R. 

### Borth Bamett & 

### Borth, LLC 800 WaukeganRoad, Suite 200 Glenview, IL 60025 facsimile: (815) 356-7042 email: prb@barnettlegal.com Office ofthe 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 inresponse to your September29, 2015 letter, which concerned alleged deficiencies inthe FAA's discovery responses. The bulk ofyour 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 ofRule 26(a)(2)(B). You are mistaken. As an initial matter, even ifthese witnesses had been identified as expert witnesses, they do notfall \vithin the scope ofRule 26(a)(2)(B). The duties ofanAviation 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 I1, Respondent has not presented any sort oflegal or factual defense inthis case. There is, at this point intime, nothing in 

### dispute upon which these witnesses, or any witnesses, could offer a relevant expert opinion. I note, inthis 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 askedbythe Judge duringthat conference aboutthe lack ofexpert identification, you stated that "this is a very back [to] school scenario that's really not about my expert versus their expert in terms offlying or in terms ofthe operation ofthe flight center." IfRespondent 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 timeRespondenthas notmade any suchidentification. With regards to those requests for production, and also requests for production 24 and 25, you also complain that the FAAhas notproduced aprivilege log, or other document complying with Rule 26(b)(5)(A), withregards to the FAA's assertion ofprivilege. 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 ofprivilege 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 ofthe nature ofthe 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 inthe paragraph above. As the FAA further noted, the documents withheld include attorney-client materials, the privilege of which is unquestionable and the contents ofwhich need notbe further described -theFAAis notrequired 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 ofprivilege. The FAA is not somehow required to update its discovery responses everytime the undersigned exchanges e-mails with an inspector involvedinthis case. Similarly, any written discussionthat may existbetweenthe 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 reqnest 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 beyondportions ofthe 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 difficultto see how arequest for in camera

### review couldbe made in good faith. With regards to interrogatory 7, you assert that the FAA's response gives no indication ofwhat 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 responseto interrogatory 7, each inspector is expectedto testify as described inthose 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 inthe Complaint. Thatpast tense question is fully andprecisely answered by identifying the IOPs inthe EIR, which are exactly the documents relied upon by the FAA to support the allegations in the Complaint. I further note that the question ofwhat documents the FAA will use athearing was asked and answered in interrogatory 9. Interrogatory I0 asked the FAA to identify any documents that are self-authenticating or for which the FAA would seekjudicial 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 ofthe circumstances surrounding the flights, Respondent's admissions in its Answer, and Respondents defacto 

### admissions to the FAA's request to admit. Inyour letter you askwhetherthe FAA is waivingthe potential use ofother self-authenticating documents. As you are well aware, it is not. As the FAA expressly noted in its discovery response, it would anticipate relying onjudicial notice with regards to FAA Order 2!50.3B, but that the FAA has not necessarilymade determinations atthis stage ofthe process aboutprecisely how it will admit particular evidence athearing (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 FAAis 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, whereRespondent sought production ofdocuments such as regulatory interpretations. ;' 

### Sincerely,
CHRISTOPHER R. 

### STEVENSON Attorney Office ofthe ChiefCounsel- EnforcementDivision, Southern Team

3

### U.S. DEPARTMENTOF TRANSPORTATION OFFICE OFHEARINGS

WASHINGTON,D.C.

In The Matter Of: BIRMINGHAMFLIGHTCENTER, INC. Respondent. DocketNo. FAA-2014-0867 Judge J.E. Sullivan FAA Case No. 2012S0090053 RESPONSETO RESPONDENT'S SUPPLEMENTALREQUESTFORPRODUCTION The FAAhereby responds to Respondent's Supplemental Requestfor Production of Documents: 28. Objection, untimely. Discoveryinthis matter closed on August 21,2015. Respondent's Supplemental Request for Production ofDocuments was not servedtmtil September I8, 2015. While the Judge grantedthe FAA'srequest to amend the existing schedule, that request expressly excluded a complete re-opening ofdiscovery, and there is no reference in the Judge's September 1, 2015 Order to discoverybeyond the parties responding to existing discoveryrequests, andresolving disputes aboutthose requests.



### v~ Submittedthis 2.

### 'i. day ofSeptember, 2015.



# /~~<('---~

CHRISTOPHER R::Sfli:VENSON Attorney Office ofthe ChiefCounsel- EnforcementDivision, SouthernTeam

EXHIBIT 

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### CERTIFICATE OF SERVICE I hereby certifY that the foregoing FAA's Response to Respondent's Supplemental Request for Productionwas sent via certified mailto: Paul R. Borth, Esq. Barnett & 

### Borth, LLC 800 Waukegan Road, Suite 200 Glenview, IL 60025 facsimile: (815) 356-7042



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