Michael L. Dworkin #64047 MICHAEL L. DWORKIN and ASSOCIATES 465 California Street, Suite 210 San Francisco, California 94104 Telephone: (415) 421-02500 Facsimile: (415) 421-2560 Email: law@avialex.com Attorneys for TANGO AIR, INC., d/b/a SCHUBACH AVIATION



### UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS

WASHINGTON, D.C.
In the Matter of:
TANGO AIR, INC. d/b/a SCHUBACH AVIATION FAA Case: 2015WP090037 FDMS: FAA-2015-3317



### TANGO 

### AIR, INC., d/b/a SCHUBACH

AVIATION'S FIRST DISCOVERY REQUEST Judge: The Honorable J. E. Sullivan



### PROPOUNDED BY: Respondent, TANGO AIR, INC., d/b/a SCHUBACH AVIATION SET NUMBER: One DATE OF REQUESTS: February 19, 2016 RESPONSES DUE: March 21, 2016 TO THE DEPARTMENT OF TRANSPORTATION, THE HONORABLE J.E. SULLIVAN, ADMINISTRATIVE LAW JUDGE, AND TO THE ADMINISTRATOR, FEDERAL AVIATION ADMINISTRATION AND HIS ATTORNEYS OF RECORD:TANGO AIR, INC., d/b/a SCHUBACH AVIATION (hereinafterreferred to as "TANGO"), by and through its undersigned counsel, submits the following Discovery Requests. TANGO further requests that Complainantprovide the following information inresponse to this Discovery Request on or before March21, 2016.
Dated: February 19, 2016 Michael L. Dworkin Attorney for TANGO AIR, INC., d/b/a/ SCHUBACH AVIATION

FDMS NO. FAA-2015-3317 TANGO AIR, INC., d/b/a/TANGO AVIATION'S FIRST DISCOVERY REQUEST 20.10 DEFINITIONS AND INSTRUCTIONS Please note: Court and counsel are requested to takejudicial notice of 14 Code of Federal Regulations, Parts l-198, commonly referred to as the "Federal Aviation Regulations" (hereinafter referred to as the "FAR's") and Title 49, United States Code, Transportation; all words used inthis request shall have the same meaning as used in said FAR's and Title 49, United States Code, Transportation, unless the sense indicates to the contrary.

0.1 Anyone acting onyourbehalf- includes, butis not limitedto, your attorneys, investigators, and theirrepresentatives, and consultants, including all experts.

0.2 Person

- includes a natural person, firm, association, organization, partnership, business trust, corporation, orpublic entity.

0.3 Custodian- refers to the person having possession, custody or control. 0.4 Writing -means handwriting, typewritten, printing, photostating, photographing, and every othermeans ofrecording upon any tangible thing, any form ofconununication
or representation, including letters, words, pictures, sound, or symbols, or combinations thereof.

0.5 You

- includes Complainant, its agents, employees, attorneys, and anyone else acting onbehalfofComplainant.

0.6 Documentor documents- includes writings, drawings, graphs, charts, photographs, phono-records, tapes, videotapes, films, and other compilations from which information can be obtained, translated through detection devices into reasonably usable form when translation is practicably necessary.

0.7 Complainant- refers to the Federal Aviation Administration, its Administrator,
FDMS NO. FAA-2015-3317 TANGO AIR, INC., d/b/a/TANGO AVIATION'S FIRST DISCOVERY REQUEST 3directors, manager, employees and agents, and includes, but is notlimitedto, its attorneys, investigators, and their representatives and consultants, including all experts.

0.8 TANGO- refers to TANGO AIR, INC., d/b/a SCHUBACH AVIATION, its owners, directors, managers, employees and agents, and includes, but is not limitedto, its attorneys, investigators, and their representatives and consultants, including all experts.



### 1.0 DOCUMENTS SOUGHT TO BE PRODUCED TANGO aclmowledges prior receipt ofportions ofwhat Complainanthas represented were the evidentiary portions ofits case file. Inthe interests ofeconomy, materials and documents heretofore providedby Complainant's counsel to TANGO's counsel neednot be again produced. 1.1. Produce Complainant's case file bearing FAA DocketNo. FAA-2015- 3317, FAA Case No. 2015WP090037 in its entirety, including, but not limitedto, items ofproof, exhibits, correspondence, memoranda, and all other documents contained therein.1.2. Produce all documents pertainingto the allegations setforth in the Complaint inthis matter. 1.3. Produce all documents which Complainant intends to utilize as exhibits at the hearing inthis matter. 1.4. Produce all statements and documents pertaining to statements made to Complainant by TANGO concerning the matters alleged in the Complaint. 1.5. Produce all statements and documents pertaining to statements madeto Complainant by any employees or former employees ofTANGO concerning the matters
FDMS NO. FAA-2015-3317 TANGO AIR, INC., d/b/a/TANGO AVIATION'S FIRST DISCOVERY REQUEST 

### 4alleged in the Complaint. 1.6 Produce all statements and documents pertaining to statements made to Complainant by David Sparks concerning the matters alleged inthe Complaint. 1.7. Produce all communications and documents pertaining to all communications between Complainant and David Sparks concerning the matters alleged in the Complaint. 1.8. Produce all statements and documents pertaining to statements made to Complainantby any other person, firm or corporation, concerning the matters alleged in Complaint. 1.9. Produce all resumes, curriculum vitae and any and all written qualifications ofall persons whom Complainant expects to utilize as expert witnesses at the hearing inthis matter. 1.10. Produce all documents pertaining to facts and opinions held by Complainant's experts acquired or developed in anticipation oflitigation or for the hearing in this matter. 1.11. Produce all documents reviewed by Complainant's experts in connection withthe anticipated litigation or hearing in this matter. 1.12. Produce all documents generatedby Complainant's experts in connection with the anticipated litigation or hearing in this matter. 1.13. Produce all documents evidencing and/or pertaining to Complainant's computation ofthe proposed civil penalty in accordance withFAA Order 2150.3B, FAA Compliance and Enforcement Program.

FDMS NO. FAA-2015-3317 TANGO AIR, INC., d/b/a/TANGO AVIATION'S FIRST DISCOVERY REQUEST 

### 5

### 2.0 INTERROGATORIES 2.1. State the name, occupation, employer, address and telephone number of eachperson Complainant intends to call as a witness (including butnot limitedto percipient witnesses, investigators and experts) at the hearing. 2.2. Provide copies ofall documents Complainant intends to offer into evidence as exhibits atthe hearing, including the name and address ofits author or maker, the names and addresses ofall persons who were addresses, the date on which it
was created or made, the nature ofthe document and substance ofthe information or communication set forth inthe document. 2.3. For each expert witness Complainant intends to call at the hearing, provide
a curriculum vitae, including a list ofall publications authored in the previous 10 years and a list ofall other cases in which, during the previous 4 years, the witness testified as
an expert attrial or by deposition; 2.4. For each expert witness Complainant intends to call atthe hearing, provide
a statement ofall opinions the witness will express andthe basis and reason for them; 2.5. For each expert witness Complainant intends to call atthe hearing, provide copies ofany documents prepared or reviewed by said expert witness. 2.6. IfComplainant obtains additional documents not mentioned in response to RequestNo. 2.2, above, TANGO requests these documents be produced as expeditiously
as possible. 2.7. IfComplainant secures additional witnesses not mentioned in response to RequestNo. 2.1, above, TANGO requests a supplementary witness list and a brief statement regarding the subject matter ofthe testimony ofeach ofthe witnesses.

FDMS NO. FAA-2015-3317 TANGO AIR, INC., d/b/a/TANGO AVIATION'S FIRST DISCOVERY REQUEST 62.8. Provide a description or summary ofany and all aggravating factors Complainant believes existnecessitating the penalty amount sought inthis matter. 2.9. Provide a description or summary ofany and all mitigating factors Complainanttook into consideration when determining the penalty amount sought inthis matter. 

### 3.0 REQUESTS FOR

### ADMISSION 3.1. ADMITthat the acts ofTANGO's former ChiefPilot James Panknin as alleged in Paragraphs II. 3., II.4., II.5. and II.-6. ofthe Complaintwere in violation of TANGO's policies, procedures and manuals then in effect. 3.2. ADMITthatthe acts ofTANGO's former ChiefPilot James Panknin as alleged in Paragraphs II.8. and II.9. ofthe Complaint were in violation ofTANGO's policies, procedures and manuals then in effect. 3.3. ADMITthatthe acts ofTANGO' s flight crew as alleged in Paragraphs II. 12., II.13. and II.14. ofthe Complaintwere in violation ofTANGO's policies, procedures and manuals then in effect. 3.4. ADMIT that TANGO is a "small business entity" as thatterm is utilized in Order 2150.3B, FAA Compliance and Enforcement Program. Respectfully submittedthis 19th day ofFebruary, 2016. 

# I Michael L. Dworkin and Associates 

# /011 v.

# ~**~ ~hael**  L. Dworkin Attorney for TANGO AIR, INC., d/b/a SCHUBACH AVIATION

FDMS NO. FAA-2015-3317 TANGO AIR, INC., d/b/a/ TANGO AVIATION'S FIRST DISCOVERY REQUEST 

### 7CERTIFICATE OF SERVICE The undersigned hereby certifies that onthis 191h day of February, 2016, a true and correct copy ofthe foregoing TANGO AIR, INC., d/b/a SCHUBACH AVIATION'S FIRST SET OF DISCOVERY REQUESTS was served as follows: The Honorable 

### I.E. Sullivan Office ofHearings, M-20 1200 New Jersey Avenue, S.W. Room El2-320 Washington, D.C. 20590 FAX: 1-202-366-7536 (viaFAX)

Federal AviationAdministration Attn: Hearing Docket Clerk, AGC-430 Wilbur Wright Building- Suite 2W1000 800 Independence Avenue SW Washington, DC 20591 (Original plus one copy viaFEDEX) Robert Spitzer, Esq. Enforcement Division--Western Team Federal Aviation Administration 1601Lind Avenue, SW Renton, W A 98057 FAX: 1-425-227-1007 (viaFEDEX and FAX)

ltaR. Barsanti

FDMS NO. FAA-2015-3317 TANGO AIR, INC., d/b/a/ TANGO AVIATION'S FIRST DISCOVERY REQUEST 8