* 01109/2013 09:06 FAX 3107256816 AWP-7 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, DC 

In the Matter of Stephen Gunner Gama, 

Respondent. 

FAA Docket No.: unassigned 

FDMS No.: FAA-2012-0871 

FAA Region: Western-Pa.dfie 

Judge: Richard C. Goodwin 

COMPLAINANT'S MOTION TO COMPEL 

141002 

!. lj r. 

I· ''cV 

To: Honorable Richard C. Goodwin, Administrative Law Judge~ and Respondent, Stephen 

Gunner Gama: 

COMES NOW, Complainant Federal Aviation Administration (FAA) WesternPacific Region, by counsel, and files this Motion to Compel pwsuant to sections 13.218(a) 

and 13.220(m) of Title 14 of the Code of Federal Regulations- This motion is based on 

Respondent's failure to respond to Complainant's discovery requests. 

FACTS 

1. On September 24, 2012, Complainant's First Set of Discovery to Respondent 

("Discovery Requests") was mailed to Respondent by certified mail, return receipt requested 

(tracking number 7011 2000 0000 5094 6791), and by regular ·first class mail at his address 

ofrecord at 1958 Co1.1ntry Club Court, Apartment A. Marysville, California, 95901. (See 

attached Declaratio11 of Agnes Ebilarte and attached Exhibit "1 ... ) 

' 2. On September 28, 2012, the ~rtified mail, return receipt card was received in 

this office and was signed by "B. Damran" dated September 26,2012. (See attached 

Declaration of Agnes Ebilane.) 
• 01/09/2013 09:06 FAX 3107256816 AWP-7 

3. On October 31, 2012, a letter was mailed to Mr. Gama by certified mail, 

return receipt requested [tracking number 7011 2000 0000 5094 8825], and by regular first 

class mail at his address of record at 1958 CotU11:ry Club Court, Apartment A, Marysville, 

California, 95901. (See attached Declaration of Jefferey Kamberg.) This letter nCtted that 

Respondent's telephone number had been disconnected, and requested that Respondent. or 

someone on his behalf, contact the undersigned attorney. (See attached Exhibit "2.".) 

l4l 003 

2 

4. To date, Respondent has not notified the Western-Pacific Regional Counsel's 

office of a change of address, if any. (See attached Declarations of Agnes Ebi1an.e and 

Jefferey Kamberg.) 

5. To date, the Westem-Paei:fic R~egional Cotmsel's office has not received a 

response from Respondent to Complainant's Discovery Requests, nor has there been a 

request for an extension of time in which to file a response. 

ARG"llMENT 

Section 13.220(m) ofthe Rules ofPrac:tice [14 C.F.R. section l3.2l1(g)J states: "A 

party may make a motion to compel discovery if a person refuses to answer a question 

during a deposition, a party fails or refuses to answer an interrogatory, if a person gives an 

evasive or incomplete answer during a deposition or when responding to an interrogatory, or 

a party fails or refuses to produce documents ()f tangible items." Here, Complainant's 

Discovery Requests were sent to Respondent on September 24, 2012. and Respondent was 

requested to respond to the h1terrogatories, Requests 1br Production of Documents, and 

Requests for Admissions separately-and fully !.Ulder oath, within twenty-five (25) days of the 

date of service. Pursuant to section 13.211 of the Rules of Practice, the date of service is the 

mai.li.ng date shown on the certificate of service, and after service by mail, an addirional five 
01/09/2013 09:06 FAX 3107256816 AWP-7 ~004 

3 

(5) days is added to the prescribed period for a response. Accordingly, Respondent's 

response to Complainant's Discovery Requests was due on or before October 24, 2012. On 

or about October 31. 201.2, Comp1ainant attempted to contact Respondent via telephone to 

discuss his failure to respond to Complainant's Discovery Requests, but his number had 

been disconnected. On October 31, 2012, Complainant mailed a letter to Respondent's 

address of record, requestit?-g that Respondent, or someone on his behalf, contact th.e 

undersigned attorney. To date, Respondent has failed to respond to Complainant's 

Discovery Requests, nor has he requested an extension of time in which to submit his 

response. 

Without responses to the propounded discovery, Complainant will be hampered in its 

ability to prepare for a hearing in this matter. Therefore, Complainant requests that the 

Administrative Law Judge issue an Order compelling Respondent to provide separate and 

cornplete answers to each of the pending discc•very requests served September 24,2012. and 

that said responses be ordered served so that they are received by Complainant no later than 

Januazy 21, 2012. In the event Respondent fails to comply with the Order to Compel, 

Complainant Tequests the Administrative Law Judge issue an Order making negative 

inferences against Respondent relative to the matters sought and not provided, a preclusion 

order, dismissal, or other relief deemed appropriate by the court. 

Respectfully submitted, 

NAOMI TSUDA 

Regional Col.Ulsel 

By; ~~a_ka~ Lindsay M. kamura 

Attom.ey 

Dated: January 9, 2013 
' 01/09/2013 09:06 FAX 3107256816 -·----· ·--·-----· ----

FAA Dock~t No-~ unassigned 

FDMS No.: FAA-2012-0871 

AWP-7 

CERTIFICATE OF SERVICE 

Document Title: Complainant's Motion to Compel 

141005 

4 

I hereby certify that on this date I sent via United States mail, postage prepaid, th.e executed 

original and one copy, as well as one copy by facsimile, ·of the above-referenced document, 

addressed as follows: 

Federal Aviation Administration 

800 Independence Avenue, SW 

Washington, DC 20591 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building-Suite 2Wl000 

Facsimile:. (202) 493-5142 

I further certify that on this date 1 sent via United States mail, postage prepaid, one copy, as 

well as one copy by facsimile, of the above-referenced document, addressed as follows: 

Hon. Richard C. Goodwin 

Office ofHearings, M-20 

U.S. Department of Transportation 

1200 New Jerse:y Ave., S.E. 

Washington, D.C. 20590 

Facshnile: (202) 366-7536 

I :further certify that on this date I sent via Ov,:::rnight Mail~ and United States mail, postage 

prepaid, one copy of the above-referenced document, addressed as follows: .. 

Dated: January 9, 2013 

Jefferey Kam etg 

Legal Technician 

Stephen Gu:nne·r Gama 

1958 Country Club Ct., Apt. A 

Marysville, CA 95901. 

Office of the Regional Counsel 

Federal Aviation Administration 

Lawndale, California 90260 
• 01/09/2013 09:06 FAX 3107256816 AWP-7 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, DC 

In the Matter of Stephen Gunner Gama, 

Respondent. 

FAA Docket No.: unassigned 

FDMS No.: FAA-2012~0871 

FAA Region: Western-Pacit.1c 

Judge~ Richard C. Goodwb:11 

COMPLAINANT'S FIRST SET OF 

DISCOVERY TO RESPONDENT 

To: Respondent, Stephen Gunner. Gama: 

Complainant, by and through counsel, pursuant to Section 13.220 of the Rules of 

141006 

Practice in FAA Civil Penalty Actions, requests Respondent please resppnd to the following 

Interrogatories and Requestfor Production of Documents, separately and fully t1;Uder oath, 

within twenty-five (25) days of the date of service. 

These discovery requests are intended to be continuing in nature) and any 

information which may be discovered by you subsequent to the service and filin~ of your 

answers must be brought to the attention of Complainant's attorney through s~pplemental 

answers when it becomes available to you) and in a reasonable time prior to the hecuing in 

this matter. If there are any additions~ deletiOl1S or changes in the answers or information 

provided at any time prior to hearing,. Respondent is specifically requested to immediately 

inform Complainant's attorney. If such infom1ation is not furnished, at the time of the 

hearing, Complainant's attorney may move to j~xclude from evidence such information 

·requested and not furnished. 

EXHIBIT 

I j_ 
AWP-7 141007 

2 

If, m responding to·.or failing to respond to these requests for discovery, you invoke 

or rely upon any privilege of 81)y kind, state specifically the nature of the privilege, the basis 

upon which you invoke, rely upon or claim it, including any statutory or decisional 

reference, and identify all documents or other information, including contacts and 

comrnunications·which you believe to be embraced by the privilege invoked. 

INTERROGATORIES: 

1. Identify by name) address •. and telephone number all persons who have personal 

knowledge of the incidents alleged in the complaint and/or have personal 

knowledge of your affirmative defenses alleged in your answer. : 

2. Identify by title, date, author, present custodiart, and content, ~1 docmnents 

. o~tained by you.or in your possession relating to the assertions in the,~omplaint 

and yoo.r answer, including affinnative defenses. 

3. Identify by name, address and telephone number, all persons who you m.ay have 

testify as a factual witness in your defense at the hearing in tl1is matter, and 

provide a detailed summary of each person's an~icipated testimony. 

4. IdentifY by name~ address and telephone number, all persons who you may have 

testify as an expert witness in yow· defense at the hearing in thjs matter, and· 

provide a detailed summary of each expert's ~mticipated testimony. 

S. Identify by title, date, author, present custodian, and. content, which docu:q1ents 

you may offer into evidence at the hearing in this matte:r. 

6. With respect to each expert witness identified in response to Interrogatory No.4, 

above, specify their area of expertise, if any, .an.d provide a synopsis of their 

credentials, background, training and expel"ience. 
• 01/09/2013 09:06 FAX 3107256816 AWP-7 141008 

... 

} 

·. 

7. lfyou deny, or admit in part and deny in part, any Requests for Admis~:io:ns, state 

the facts upon which your denial or. partial denial is based. 

REQUESTS FOR PRODUCTION OF DOCUMENTS! 

1. Provide a copy of all written statements(affidavits/declarations ofindivlduals 

identified in response to Interrogatory No. 1 of the previous page. 

2. Provide a copy of all docmnents identified in Interrogatory No.2 of the previous 

page. 

3. Provide a copy of all documents id~~ntified in Interrogatory No.5 of the previous 

page. 

4. Provide a copy of any and all recorded statements:in. your possession. of all 

witnesses having personal knowledge of the incidents alleged in the complaint. 

5. Provide any and all documents your experts may rely upon to testify in your 

defense at the hearing on this matter. 

6. Provide a copy of any and all reports, notes, charts,·diagrams. or other Vvritten 

documentation prepared by your expert(s) who will be testifYing in your. defense 

at the hearing on this matter. 

7. Provide a copy of any and all documents that you may use at the hearing to 

establish that you ~e unable tc;> pay the. $7,700 civil penalty sought by the 

Administrator in this case. 

REOUES_TS FOR ADMISSIONS 

1. Admit that on or about February 25, 2012, you aimed a beam of light from a 

laser pointer at an aircraft. 
01/09/2013 09:06 FAX 3107256816 AWP-7 

.~ '• 

·I 

a. Admit that you aimed this beam of light at approximately 023 7 hours 

locaJ time. 

b. Admit that the aircraft was flying in the vicinity of Linda/Olivehurst, 

California. 

2. Admit that the aircraft was a California Highway Patrol helicopter. 

3. Admit that the beam of light illuminated the cockpit of the helicopter, 

4. Admit that as a result of you aiming a beam oflight at the helicopter, the pilot 

diverted the aircraft from assisting 1he Yuba County Sheriff's Department in a 

search. 

Respectfully submitted, 

NAO:MI TSUDA 

Regional Counsel 

By: 90d&Ja~dva~ Li.n.dsay M. amura 

Attorney 

Dated; September 24,2012 

141 009 

4 
01/09/2013 09:07 FAX 3107256816 

FAA Docket No.: unassigned 

FDMS No.: FAA-2012~0871 

AWP-7 

CERTIFICATE OF SERVICE 

Document Title: Complainant's First Set of Discovery to Respondent 

I hereby certify that the above-referenced document has been sent by Certified Mail -

Return-Receipt Requested and First Class Mail to the following: 

Stephen Gunner Gama 

1958 Country Club Ct.. Apt. A 

Marysville, CA 95901 

Dated: September 24. 2012 

l4l 010 

5 
• 01/09/2013 09:07 FAX 3107256816 -·--·---· . 

u.s. Department 

c )f Transportation 

l~ederol Aviation 

Adrninistration 

October 31,2012 

AWP-7 

Western-Pacific Region 

Office of the Regional CoL1nsel 

P.O. BoX 92007 

Los Angeles, CA ~!0009-2007 

relephone: (310) 1"25-7138 

Facsimile: (310) n5-6816 

CERTIFIED MAIL- RETURN-RECEIPT REQUESTED AND FIRST CLASS MAIL 

Stephen Gunner Gama 

1958 Country Club Ct., Apt. A 

Marysville, CA 95901 

RE: Department of Transportation v. Stephen 6unner Gama 

FAA Case No. 2012WP250023, FDMS No. FAA-2012-0871 

Dear Mr. Gama: 

141011 

I have attempted to contact you at your phone number of (530) 763-4337, but it has been 

disconnected. Please call me at (310) 725-7138 as soon as possible. If you are unavailable, 

please have someone call me on your behalf. 

Sincerely, 

NAOMI TSUDA 

Regional Counsel 

By: ~· J\f~ ~amura Attorney 

EXHIB.IT 
., 01/09/2013 09; 07 FAX 3107256816 AWP-7 141012 

DECLARATION OF AGNES EBILANE 

I, AGNES EBILANE, declare as follows: 

All matters stated her.ein are within my own personal knowledge, and if called as a witness, I 

t~ould and would competently testify as follows: 

1. T am a Legal Technician in the Office of the Regional Counsel, Federal Aviation 

Administration, Westem~Pacific Region. 

2. On September 24, 2012, I mailed Complainant's First Set of Discovery to 

.Respondent ("Discovery Requests") to Stephen Gunner Gama, FDMS No. FAA-2012-0871, by 

c,et,tified mail, return receipt requested [tracking number 7011 2000 0000 5094 6791]~ and by regular 

first class mail at his address of record at 1958 Country Club Court, Apartment A, Marysville, 

California? 95901. A true and correct copy of the Certified Mail Receipt is attacheq.as E"'hibit. "A". . ~' ' " ' 

3. On September 28, 2012, the certHied mail, return receipt card was received in this 

office and was signed by <'B. Damran" dated September 26, 2012. A true and correct copy of the 

certified mail, 'return receipt card is attached hereto as Exhibit "'A". 

4. To date, Mr. Gama has not notified this office of a change of address, if any. 

5. To date, this office has not received a response from Mr. Gama to Complainant's 

Discovery Requests, nor has there been a request fbr an extension oftime in which to tlk: a response. ' . .. . 

I declare under penalty of perjury under the laws of the United States of Am;:rica that the 

fore&oing is true and correct. 

Signed this 9th day of January, 20 t 3, in Ha,Nthome, CA. 
01/09/2013 09:07 FAX 3107256816 AWP-7 @013 J. I S~tvicerM. .: · · , ·. ·. · · 

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• Attach this card to the back of thllt mS.IIpl~, 

or on the front If space permits. 

• 1. Article l4.ddres:;ed to: 1

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i Mr. S:t~phen Gunner Gama .. f~ ) 1958 Country Club Ct, Apt A\,1 

! Marysville, CA 95901 ·. ~ 

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:a:. Anlcle Number 

(T"ransfer from service labal} 7011 

PS Form ·aa11, Febrnary 2004 

UNITED STATES POSTAL SERVICE IIIII 

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Postage & Fees P;;~id 

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Permit No. G-1 0 

• Sender: Please print your narne, address, and ZIP+4 in this box • 

Lindsay Nakamura. A WP-7.11 

FAA, Regional Counsel's Office 

P. 0. Box 92007 

Los Angeles, CA 90009-2007 

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SEP 2 8 2012 .• t 

REGIONAL COUNSEL.J . . . . ·. . .. . . ' . 

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Comp's Fir.st Set ofDiscpvery to Respondent 9/24/2012 EXHIBIT 
• 01/09/2013 09:07 FAX 3107256816 AWP-7 141014 

DECLARATION OF JEFFEREY KAMBERG ==-riiiUit 

I, JEFFEREY KAMBERG, declare as follows: 

All matters stated herein are within my own personal knowledge, and if called as a 

·witness, I could and would ·competently testify a.s follows: 

1. I -am a Legal Technician in the Office of the Regional Colll1sel, Fed·eral Aviation 

Administration, Western-Pacific Region. 

2. On October 31, 2012, I mailed a letter to Mr. Gama, FDMS No. FAJ.\.-2012-0871. 

by certified mail, return receipt requested [tracking number 7011 2000 0000 5094 8825], and by 

r1::gular first class mail at his address of record at· 1958 Country Club Court, Apartment A, 

M:arysville, California, 95901. A true and correct copy of the Certified Mail Receipt is attached 

as Exhibit ''A". 

4: The certified mail, return receipt card was received in this office and was signed 

by '~B. Gama') on November 2, 2012. A true and correct copy of the certified mail, return receipt 

card is attached hereto as Exhibit "A". 

5. To d.ate. Mr. G~a has not notifi,~d this office of a change of address_, if any. 

, 6. To date, this office has not received a response·from Mr. Garna to Complainant's 

Discovery Requests, nor has there been a request for an extension of time in which to file a 

response. 

I declare under penalty of petjury under the laws of the United States of America that the 

foregoing is true and correct. 

Signed tlus 9

1

h day of January, 2013, in Hawthorne, CA. 
• 0110912013 09:07 FAX 3107256816 -'··---·----·--····· AWP-7 141015 

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·.1 • Print your name and acldress on the reverse 

so that' we eM return the cefCI to yoiJ. i • Attach this card to the baok of the maifpiece, 

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l------------~--~----------~-1 D. Is r;tetivery ) 1. Artfol~ Addrnssed to: I If YES, enter delivery addlelle below; 

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l 195S Cquntry Club Ct., Apt A 

1· ivfarysviUe, CA 95901 

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UNITED SiATES PoSTAL SERVICE IIIII First-Class Mail 

Postage & Fr~es Paid 

USPS 

Permit No. G-10 

• Sender: Please print your name, address1 and ZIP+4 in this box • 

U.S. Department of Transportation 

Federal Aviation Administration 

P. 0. Box92007, AWP-7.11 

Los Angeles, CA 90009-2007 

EXHIBIT 

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