Christopher D. Nissen, Esq. State Bar No. 202034^ ^_ .,^ 

MANNING & MARDER ''"'^ '-'^r'- : V'-i'^nO'l rmvn^.UiZr^r- H fotjf~ ll/*" ^ . 

j:'?«o<aj 

KASS, ELLROD, RAMIREZ LLP 

15th Floor at 801 Tower iiu i L 

801 South Figueroa Street IT ^^^ ' ^ 2010 

Los Angeles, CA 90017 HEARfM Q DO^kr T 

Telephone: (213) 624-6900 ^ ^ ^^^y^KET 

Attorneys for Respondent, S/P Resources, Inc. 

U.S. DEPARTMENT OF TRANSPORTATION 

REGIONAL COUNSEL 

FEDERAL AVIATION ADMINISTRATION pjl:) ^ PO 0O 5 

fff^<^otcy 03C? 

FAA DOCKET In the Matter of: 

S/P Resources, Inc., 

Respondent. 

FAA CASE NO.: 2009WP700017 

NOTICE OF TAKING 

DEPOSITION OF PAUL TALLEY 

AND REQUEST FOR 

PRODUCTION OF DOCUMENTS 

AT TIME OF DEPOSITION 

TO ALL PARTIES AND TO THEIR ATTORNEYS OF RECORD: 

PLEASE TAKE NOTICE that, pursuant to 14 CFR § 13.220(j)(3), Respondent, S/P 

Resources, Inc., will take the deposition of witness, Paul Talley, upon oral examination on July 

20, 2010, commencing at 10:00 a.m., at the Law Offices of Manning & Marder, Kass, Ellrod, 

Ramirez, LLP, located at 801 South Figueroa Street, 15th Floor, Los Angeles, California 90017, 

before a Notary Public/Certified Shorthand Reporter in and for the County of Los Angeles. 

You are further notified that the deponent is not a party to this action. So far as known to 

the deposing party deponent's address and telephone are as follows: Air-Sea Forwarders, Inc., 

9009 South La Cienega Boulevard, Inglewood, California 90301-4497 - (310) 216^1616. 
Said deponent will be served with a U.S.D.O.T. Federal Aviation Administration Civil 

Penalty Subpoena, a copy of which is attached hereto. 

PLEASE TAKE FURTHER NOTICE that request is hereby made, pursuant to FAA 

Rules of Civil Practice 13.220, et seq., that said deponent produce at the aforementioned 

deposition the following documents and other things in the custody of said deponent and/or said 

deponent's attorneys, employees, agents and investigators: 

1. Provide a copy of all written statements/affidavits/declarations provided to the 

FAA. 

2. Provide a copy of all documents provided to the FAA. 

3. Provide a copy of all documents signed by James Trato. 

4. Provide a copy of all document sent or received by James Trato and/or S/P 

Resources, Inc. 

5. Provide a copy of any and all recorded statements of any witnesses having 

personal knowledge of the incidents alleged in the complaint including but not 

limited to tape recordings and transcriptions of the tape recordings. 

6. Provide a copy of any and all documents relating to the product allegedly offered 

for shipment by S/P Resources, Inc., on or about October 15, 2008. 

7. Provide a copy of any and all documents you contend reflect S/P Resources, 

Inc.'s, or James Trato's written consent to offer any product for shipment on or 

about October 15,2008. 

8. Provide a copy of any and all documents you contend support your assertion that 

S/P Resources, Inc., and/or James Trato provided you written authorization to ship 

the product. 
9. Provide a copy of any and all documents provided to you by S/P Resources, Inc., 

and/or James Trato in connection with the Product. 

10. Provide a copy of any and all documents that your assertion that the product was a 

hazardous, fleimmable produce while stored in your warehouse. 

11. Provide a copy of any and all documents that you provided to the FAA in 

connection with S/P Resources, Inc., or James Trato. 

12. Provide a copy of any and all documents sent or received by Ms. McGowen in 

connection with S/P Resources, Inc., and James Trato. 

13. Provide a copy of any and all documents that support your assertion S/P 

Resources, Inc., and/or James Trato hired you to ship any products. 

14. Provide a copy of any and all "Shipper's Certification of Articles Not Restricted" 

with Air-Sea Forwarders, Inc., that you contend were signed by S/P Resources, 

Inc., and/or James Trato. 

15. Provide a copy of any and all "Shipper's Letter of Instructions" with Air-Sea 

Forwarders, Inc., that you contend was signed by S/P Resources, Inc., and/or 

James Trato. 

16. Provide a copy of any and all labels provided to you by S/P Resources, Inc., 

and/or James Trato. 

17. Provide a copy of any and all documents reflecting your interviews with LaTonza 

McGbwen relating to S/P Resources, Inc., and/or James Trato. 

/// 

/// 

/// 
If said deposifion is not completed on said date, the taking thereof will be continued from 

day to day thereafter at the same place, Sundays and holidays excepted, until completed. 

Dated: July 7, 2010 MANNING i& MARDER 

KASS, ELLROD, RAMIREZ LLP 

Christopher D. Nissen 

Attorneys for ^sp< indent, S/P Resources, 

Inc. 
U.S. DEPARTMEN T O F TRANSPORTATIO N 

FEDERA L AVIATIO N ADMINISTRATIO N 

CIVI L PENALT Y SUBPOEN A 

In the Matter of: Docket No.: CP10WP0005 

S/P RESQURCRS. INg. . DMS No.: 2010-0319 

FAA CASF NUMBER 2009 WP7000I7 Issued on: l/l ' 10 

Under 14 C.F.K. § 13.228(a), YOU ARE REQUIRED: 

[~| To appear and testif> before an Administrative Law Judge of ilie Deparnneni uf Transportation 

ai: , ^ . 

inihe cit>'of on the day of 20 , 

m am 

1 ^ To appear and testify jii a deposition to be conducled by; ( kn'^fop*<r /V/JiCM Tor rksPfyrSv^ 

at: /ioi^>t)M^i Ma,r>.ftLn^r)J A f/au^Tx^A ^-r iS'^'^PL^n ' 

in the city of ^ Lo i JAJQG^E ^ on ttw: ol P "'^ day of o"^<V 20 /O . 

at 10-- O Q am ' 

T5?l To bring with you and produce the following documems. records, papers, books, aiid tangible it Items: 

If you have any questions about this subpoena, coi«acl -^/ f ^ ' Y ^ ^^^ ^ ^-^ 

at this address and telephone number: S/DI ^ - //^ri^^^^b J <V. 

^ n - ^;^H~^9aG 

MfL^^- £ W(!/^^-^ 

Stephanie McClain 

Hearing Docket Clerk 

Aulfmrity: UC.I-R. ij 13 228:-«9 U.SC <;<! 5121 .«id I 47^j((l). or 49 I) S C !)H<>1'J*» a"d 106(g)O) 

ANY PERSON WHO DOES NOT OBKY THIS SUBPOENA IS SUBJECT TO 

FINE OR IMPRISONMENT OR BOTH UNDER 49 U.S.C § 46313, 
11 < * 

RETURN OF SERVICE 

I CERTIFY that a duplicate / an original (circle one) of this subpoena was served on the 

person named in the subpoena 

by: 

at: 

on the day of 20 10 

Name of person making service: 

Official Title: 
ATTACHMENT 'A' TO SUBPOENA 

REQUESTS FOR PRODUCTION OF DOCUMENTS: 

1. Provide a copy of all written statements/affidavits/declarations provided to the FAA. 

2. Provide a copy of all documents provided to the FAA. 

3. Provide a copy of all documents signed by James Trato. 

4. Provide a copy of all document sent or received by James Trato and/or S/P Resources, 

Inc. 

5. Provide a copy of any and all recorded statements of any witnesses having personal 

knowledge of the incidents alleged in the complaint including but not limited to tape 

recordings and transcriptions of the tape recordings. 

6. Provide a copy of any and all documents relating to the product allegedly offered for 

shipment by S/P Resources, Inc., on or about October 15, 2008. 

7. Provide a copy of any and all documents you contend reflect S/P Resources, Inc.'s, or 

James Trato's written consent to offer any product for shipment on or about October 15, 

2008. 

8. Provide a copy of any and all documents you contend support your assertion that S/P 

Resources, Inc., and/or James Trato provided you written authorization to ship the 

product. 

9. Provide a copy of any and all documents provided to you by S/P Resources, Inc., and/or 

James Trato in connection with the Product. 

10. Provide a copy of any and all documents that your assertion that the product was a 
hazardous, flammable produce while stored in your warehouse. 

11. Provide a copy of any and all documents that you provided to the FAA in connection with 

S/P Resources, Inc., or James Trato. 

12. Provide a copy of any and all documents sent or received by Ms. McGowen in coimection 

with S/P Resources, Inc., and James Trato. 

13. Provide a copy of any and all documents that support your assertion S/P Resources, Inc., 

and/or James Trato hired you to ship any products. 

14. Provide a copy of any and all "Shipper's Certification of Articles Not Restricted" with 

Air-Sea Forwarders, Inc., that you contend were signed by S/P Resources, Inc., and/or 

James Trato. 

15. Provide a copy of any and all "Shipper's Letter of Instructions" with Air-Sea Forwarders, 

Inc., that you contend was signed by S/P Resources, Inc., and/or James Trato. 

16. Provide a copy of any and all labels provided to you by S/P Resources, Inc., and/or James 

Trato. 

17. Provide a copy of any and all documents reflecting your interviews with LaTonza 

McGowen relating to S/P Resources, Inc., and/or James Trato. 

Dated: July 7, 2010 MANNING & MARDER 

KASS, ELLROD, RAMIREZ LLP 

By: 

ChnstopI er D. Nissen 

Attorneys for Respoiide at, S/P Resources, Inc. 
PROOF OF SERVICE 

I am employed in the County of Los Angeles, State of California. I am over the age of 18 

and not a party to the within action; my business address is 801 S. Figueroa Street, 15th Floor, 

Los Angeles, California 90017. 

On July 7, 2010,1 served the document described as NOTICE OF TAKING 

DEPOSITION OF PAUL TALLEY AND REQUEST FOR PRODUCTION OF 

DOCUMENTS AT TIME OF DEPOSITION on all interested parties in this action by placing 

true copies thereof enclosed in sealed envelopes addressed as follows: 

SEE ATTACHED SERVICE LIST 

Bl (BY MAIL) I placed such envelope for collection to be mailed with postage thereon 

prepaid in the United States mail at Los Angeles, California. 

I am "readily familiar" with the firm's practice of collection and processing 

correspondence for mailing. Under that practice it would be deposited with the U.S. 

postal service on that same day with postage thereon fully prepaid at Los Angeles, 

California in the ordinary course of business. I am aware that on motion of the party 

served, service is presumed invalid if postal cancellation date or postage meter date is 

more than one day after date of deposit for mailing in affidavit. 

G (BY OVERNIGHT COURIER): I placed the above-referenced document(s) in (an) 

envelope(s) designated by the express service carrier (UPS) for overnight delivery, 

addressed as indicated above. I delivered said UPS envelope to the personnel of our mail 

room. I am "readily familiar" with the firm's practice of collecting and processing 

documents intended for UPS overnight delivery. Under that practice, after the document 

is delivered to the firm's mail room, it is deposited that same day, with delivery fees 

provided for, in a box or other facility regularly maintained by the express service carrier 

or is delivered to an authorized courier or driver authorized by the express service carrier 

to receive documents, for overnight delivery." 

Bl (BY FACSIMILE) I telecopied such document to the offices of the addressee at the fax 

numbers reflected in the attached Proof of Service List. 

S I (STATE) I declare under penalty of perjury under the laws of the State of California that 

the above is true and correct. 
Executed on July 7, 2010, at Los Angeles, California. 
PROOF OF SERVICE LIST 

One Copy 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Washington, DC 20591 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building-Suite 2W1000 

(202) 493-5020 Fax 

One Copy 

Courtney Adolph 

Regional Counsel, Western-Pacific Region 

Office of the Regional Counsel 

AWP-7.4, Federal Aviation Administration 

Western-Pacific Region 

P.O. Box 92007 

Los Angeles, CA 90009-2007 

(310)725-7128 

(310)725-6816 Fax 

One Copy 

The Honorable Richard C. Goodwin, Administrative Law Judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

1200 New Jersey Avenue, S.E. 

East Building Ground Floor, Room E2-320 

Washington, DC 20590 

(202) 366-2139 - Attorney-Advisor 

(202) 366-5121 - Legal Assistant 

(202) 355-7536 Fax