Michael L. Dworkin #6404 7 

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 (hereinafter referred to as 

"TANGO"), by and through its undersigned counsel, submits the following Discovery 

Requests. TANGO further requests that Complainant provide the following information 

in response 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 

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0.10 DEFINITIONS AND INSTRUCTIONS 

Please note: Court and counsel are requested to take judicial 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 in this 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 on your behalf- includes, but is not limited to, your attorneys, 

investigators, and their representatives, and consultants, including all experts. 

0.2 Person - includes a natural person, firm, association, organization, partnership, 

business trust, corporation, or public entity. 

0.3 Custodian- refers to the person having possession, custody or control. 

0.4 Writing -means handwriting, typewritten, printing, photostating, photographing, 

and every other means of recording upon any tangible thing, any form of conununication 

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 on behalf of Complainant. 

0.6 Document or 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 

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directors, manager, employees and agents, and includes, but is not limited to, 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 limited to, its 

attorneys, investigators, and their representatives and consultants, including all experts. 

1.0 DOCUMENTS SOUGHT TO BE PRODUCED 

TANGO aclmowledges prior receipt of portions of what Complainant has 

represented were the evidentiary portions of its case file. In the interests of economy, 

materials and documents heretofore provided by Complainant's counsel to TANGO's 

counsel need not be again produced. 

1.1. Produce Complainant's case file bearing FAA Docket No. FAA-2015-

3317, FAA Case No. 2015WP090037 in its entirety, including, but not limited to, items 

of proof, exhibits, correspondence, memoranda, and all other documents contained 

therein. 

1.2. Produce all documents pertaining to the allegations set forth in the 

Complaint in this matter. 

1.3. Produce all documents which Complainant intends to utilize as exhibits at 

the hearing in this 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 made to 

Complainant by any employees or former employees of TANGO concerning the matters 

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alleged in the Complaint. 

1.6 Produce all statements and documents pertaining to statements made to 

Complainant by David Sparks concerning the matters alleged in the 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 

Complainant by 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 of all persons whom Complainant expects to utilize as expert witnesses at 

the hearing in this matter. 

1.1 0. Produce all documents pertaining to facts and opinions held by 

Complainant's experts acquired or developed in anticipation of litigation or for the 

hearing in this matter. 

1.11. Produce all documents reviewed by Complainant's experts in connection 

with the anticipated litigation or hearing in this matter. 

1.12. Produce all documents generated by 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 of the proposed civil penalty in accordance with FAA Order 2150.3B, FAA 

Compliance and Enforcement Program. 

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2.0 INTERROGATORIES 

2.1. State the name, occupation, employer, address and telephone number of 

each person Complainant intends to call as a witness (including but not limited to 

percipient witnesses, investigators and experts) at the hearing. 

2.2. Provide copies of all documents Complainant intends to offer into 

evidence as exhibits at the hearing, including the name and address of its author or 

maker, the names and addresses of all persons who were addresses, the date on which it 

was created or made, the nature of the document and substance of the information or 

communication set forth in the document. 

2.3. For each expert witness Complainant intends to call at the hearing, provide 

a curriculum vitae, including a list of all publications authored in the previous 10 years 

and a list of all other cases in which, during the previous 4 years, the witness testified as 

an expert at trial or by deposition; 

2.4. For each expert witness Complainant intends to call at the hearing, provide 

a statement of all opinions the witness will express and the basis and reason for them; 

2.5. For each expert witness Complainant intends to call at the hearing, provide 

copies of any documents prepared or reviewed by said expert witness. 

2.6. If Complainant obtains additional documents not mentioned in response to 

Request No. 2.2, above, TANGO requests these documents be produced as expeditiously 

as possible. 

2. 7. If Complainant secures additional witnesses not mentioned in response to 

Request No. 2.1, above, TANGO requests a supplementary witness list and a brief 

statement regarding the subject matter of the testimony of each of the witnesses. 

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2.8. Provide a description or summary of any and all aggravating factors 

Complainant believes exist necessitating the penalty amount sought in this matter. 

2.9. Provide a description or summary of any and all mitigating factors 

Complainant took into consideration when determining the penalty amount sought in this 

matter. 

3.0 REQUESTS FOR ADMISSION 

3.1. ADMIT that the acts of TANGO's former Chief Pilot James Panknin as 

alleged in Paragraphs II. 3., II.4., II.5. and II.-6. of the Complaint were in violation of 

TANGO's policies, procedures and manuals then in effect. 

3.2. ADMIT that the acts of TANGO's former Chief Pilot James Panknin as 

alleged in Paragraphs II.8. and II.9. of the Complaint were in violation of TANGO's 

policies, procedures and manuals then in effect. 

3 .3. ADMIT that the acts of TANGO' s flight crew as alleged in Paragraphs II. 

12., II.13. and II.14. of the Complaint were in violation of TANGO's policies, procedures 

and manuals then in effect. 

3.4. ADMIT that TANGO is a "small business entity" as that term is utilized in 

Order 2150.3B, FAA Compliance and Enforcement Program. 

Respectfully submitted this 19th day of February, 2016. 

I 

Michael L. Dworkin and Associates 

~ /011 ~hael L. Dworkin 

v. ~ 

Attorney for TANGO AIR, INC., 

d/b/a SCHUBACH AVIATION 

FDMS NO. FAA-2015-3317 

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CERTIFICATE OF SERVICE 

The undersigned hereby certifies that on this 191

h day of February, 2016, a true 

and correct copy of the 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 of Hearings, M-20 

1200 New Jersey Avenue, S.W. 

Room El2-320 

Washington, D.C. 20590 

FAX: 1-202-366-7536 

(via FAX) 

Federal Aviation Administration 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building- Suite 2W1 000 

800 Independence Avenue SW 

Washington, DC 20591 

(Original plus one copy via FED EX) 

Robert Spitzer, Esq. 

Enforcement Division--Western Team 

Federal Aviation Administration 

1601 Lind A venue, SW 

Renton, W A 98057 

FAX: 1-425-227-1007 

(via FED EX and FAX) 

lta R. Barsanti 

FDMS NO. FAA-2015-3317 

TANGO AIR, INC., d/b/a/ TANGO AVIATION'S FIRST DISCOVERY REQUEST 

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