10/09/2012 12:30 4252271007 

JEFFREY HARPER 

FAA OFFICE OF REGIONAL, COUNSEL 

1601 LIND AVENUE SOUTHWEST 

RENTON, WASHINGTON 98057 

TELEPHONE: (425) 227~2161 

FACSIMILE: (425) 227-1007 

ANM7 

wz r 1 s 2: 2b 

UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATlON 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

In the Matter of: 

Leading Edge Aviation, Inc. 

FAA Case No. 20 11NM070089 

DMS No.: FAA-2012-0783 

Honorable Richard C. Goodwin 

COMPLAINANT'S INITIAL DISCOVERY REQUEST 

To Respondent: 

In accordance with 14 C.P.R.§ 13.220 an.d the Federal Rules of Civil Pt•ocedure, please 

respond to the following Interrogatories, Requests for Production of Documents, and 

Request for Admissions, separately and fully under oath by November 8 • .2012. 

These discovery requests are jntended to discover information and/or documents not only 

within your personal knowledge or obtainable by you, but also information in the 

possession of or obtafuable by your attorn.eys~ investigators, representatives, employees. 

agents, or anyone acting on. your behalf or on tbeir behalf. 

These discovery requests are continuing in nature ru1d any information. which may be 

discovered by you subsequent to the se1"Vice an.d filing of your answers must be brought to 

the atten.tion of the agency attorney through supplemental answers w~en it becomes 

available to you, at a reasonable time prim· to the hearing in this matter. If there are any · 

additions, deletions or changes in the answers or information provided at any time prior to 

hearing the Respondent is specifically requested to so immediately inform tl::te agency 

attorney. If such information is not furnished~ the agency attorney at the time of the hearing 

will move to exclude from evidence such information requested and not furnished. 

' Complainant's Init.inl Discovery Request 

FAA v. Leading Edge Aviation, Inc. 

DMS No. F AA~2012-0783 

Pagel of8 

JEFF'REY Jv.[. liA!U'ER, FAA ATTORNEY 

TEL: (425) 227-2161; FAX: (425) 227"1007 

PAGE 02/09 
10/09/2012 12:30 4252271007 ANM7 

The agency attorney further requests that the Respondent produce the documents identified 

and designated herein for inspection and copying at th.e Federal Aviation Adnrlnistration 

(FAA) Office ofRegional CoUDSel) Suite 570, 1601. Lind Avenue, Southwest, Renton~ 

Washington 98057, by November 8, 20.U. 

fRIVI.LEGE 

If, in responding to, or failing to respond to these Interrogatories, Requests for Admission 

and Requests for Production. you invoke or rely upon any privilege of any kind, state . 

specifically the nature of the privilege; the basis upon which you invoke, rely upon, or claim 

it, including any statutory or decisj.onal reference; an.d identizy all docur.nen,..ts; or otb.er 

information, jncluding contacts and conununications..:~ which you believe to be embraced by 

the privilege invoked. 

DATED this 9th day of October, 2012. 

f.4h. ~4--- J.M. Harper 

FAA Attorney 

PAGE 03/09 

Com.pJ.aimmt's Initial Discovery Request 

FAA v. Leading Edge Aviation, [nc. 

DMS No. FAA-2012-0783 

J'EFFREY M. }.TATU'!R, FAA Arro:rtmY 

TEL: (425} 227-;2.161; FAX: (425):227·1 007 

Page2 ofS 
10/09/2012 12:30 4252271007 ANM7 

INTERROGATORIES 

Interrogatory No. 1: Ident~fY by name, address, and telephone number all persons whom 

Leading Edge Aviati.on, Inc. (Leading Edge) knows to have personal knowledge of the 

matters alleged in the Complaint, to include but not limited to all Leading Edge employees 

who perfonn.ed any work relating to Leading Edge Work Order SV-1 0-3988. 

Interrogatory No. 2: Identify by title, date~ author~ present custodian, and content, all 

documents, including correspondence, obtained by you or in your possession, relating to the 

assertions in the Complaint, your appeal, yout answer, and any affinnative defenses which 

you anticipate rais.lng :in this matter. See Request for Production No. 1. 

Interrogatory No. ~: IdentifY by name,. address and telephone number~ all persons whom you 

inte:o.d to have testify as a factual or expert witness in your defense at the hearing in this 

m.atter, and for factual witnesses, provide a detailed summ.ary of each person's anticipated 

testimony. 

Interrogatozy No.4: Identify by title, date, author, present custodian, and content, all 

documents which you anticipate offering into evidence or using at the hearing in this matter, 

and tl:trough which witness or witnesses the document will be offered. See Request for 

Production No. 2. 

Integogatorx No. 5: With respect to each expert wito.ess identified in response to 

Interrogatory No. 3l specify their specific area of expertise, and provide a synopsis of their 

credentials~ b~ckground, training~ and experience. 

Interrogatozy No. 6: With respect to each expert you expect to call as a witness~ state the 

subject matter on which the expert is expected to testify, state. the substance of the facts attd 

opinions to which the expert is expected to testify, and provide a summary of the grounds · 

for each such opinion. · 

InterrogatozyNo, 7: Describe -with specificity all of the fa,cts which you anticipate 

presenting in the course of the hearing in tlus matter pertaining to the avoidance or 

mitigation of the sanction sought by the FAA i.:o. this case. 

Intenogatorv.:No. 8: State by name, address, telephone number, date ofconversati.on., and 

substance of conversation, all persons, other than legal counsel or your spouse, wi.th whom 

you ha;ve discussed 1he matte.rs alleged in the Complaint. 

In.terrogatQtY No. 9: For each all.ega.tion in the Complaillt 1hat is denied-whether outright 

or as a result of having insufficient information or knowledge from which to form a belief 

as to the truth of the allegation-state with specifi.ci:ty the facts 1hat are the basis for that 

Comple.inanfs Initial Discov¢ry Request 

FAA v. Leading Edge Aviation., lnc. 

OMS No. FAA-2012-0783 

Page 3 of8 

JEFFREY M. lt'l.~ FAAA~Y 

1EL: (425) 22i"2161~ f'AX: (425) 227·1007 

PAGE 04/09 
10/09/2012 12:30 4252271007 ANM7 

denial as well as the inquiries taken to deterr.o.ine that the allegation in the complaint is not 

correct. See Request for Production No.3. 

InterrogatoryNo.jO: For any of the requests for admissions below that are deniedwhether outright or as a result ofha:ving insufficient information or knowledge from which 

to form a belief as-to the tmth of the al.legation-state with specificity the facts and 

eyidence which are the basis for that denial as well as ihe inquiries taken to detennine that 

the facts in the request for admission are not correct See Request fo:r Production No. 4. 

:Interrogatory No. 11: Describe with specificity all facts or evidence you intend to rely upon 

in support of any affinnative defenses raised in any Answer to the Complaint See Request 

for Producti,on No. 5. 

I:n.~errogatalY No. 12: State Vv'ith specificity each and every reason that you believe that 

N5758H was airworthy at the time that Leadit'l.g Edge Aviation, Inc. returned it to service on 

or about February 17, 20 11.. 

Interrogatory No. 12: IdentifY which FA.A_..app:r.oved data Leading Edge Aviatio!4 Inc. used 

when it pexfonned the subject inspection OJ::t N5758H. ' 

Interrogatory No. ·13: State each alld every reason that Leading Edge Aviation, Inc., through 

its agent Travis Warthen, offered to contribute $2.000 to Terry Mackey of Mustang 

Helicopters to correct airwortlrlness issues observed after February 17, 2011 on N5758H. 

REQUESTS FOR PRODUCTION 

Reguest for Production No. 1: Provide a copy of all documents referred to in your answer to 

Interrogatory No.2 

Requ§st for Production No. 2: Provide a copy of all documents referred to in your answer to 

Interrogatory No.4. 

Reauest for Prod.ucti.gn No. 3: Provide a copy of all documents that support your answer to 

Interrogatory No. 9. 

Reguest for Production No. 4: Provide a copy of all documents that support your answer to 

Interrogatory No. 10. 

Request for Production No. 5: Provide a co~y of all doc~ents that support your answer to 

Interrogatory No. 11. 

Complainant's Inl.tial Disco"Very Request 

FAA v. Leading Edge Aviation. Inc. 

DMS No. F AA-2.Ql 2·0783 

Page~ of8 

J~Y M. liA:RPER. FAA ATTORNEY 

TEL: (425) ;227-2161; FAX: (4-25) 227-1007 

PAGE 05/09 
10/09/2012 12:30 4252271007 ANM7 

Request for Production No. 6: Provide a copy of any and all documents which would 

demonstrate that the fact that the Bell 206L-1 aircraft was not on Leading Edge's Capability 

List VJaS a typographical error. 

Request for Production No. 7: Provide a copy of any and all documents in the possession of 

Leading Edge Aviation, Inc. that are relevant to the airworthiness ofN5758H, created after 

February 17.2011. This requests includes, but is not limited to, corre~pondence with the 

aircraft's owners, correspondence with subsequent repair stations that worked on N5758H, 

offers to pay for or payments for further maintenance on the rorcraft (including cancelled 

checks)~ and any other communications made with any party conce.r.ning the airwortb.iu.ess 

of this aircraft. 

Request for Production No. 8: Provide a copy of any and all documents relevant to the work 

that Leading Edge Aviation, h1.c. perfonned on N5758H, inclucling but not limited to 

photographs, notes, correspondence, atl.d other written observations. 

Request far Production No. 9: Provide a copy of all Capability List SelfEval;uation Fonns 

completed by Leading Edge Aviation, Inc., to spccifi.cally include but not limited to those 

described in Leading Edge Aviation. h1c. 's Repair. Station Manual, Rev date .02/27/2009, 

Section 2, Paragraph 2.4 Capability List. · 

Reguest for Production No. 10: ~rovided a copy of all in:voices. receipts~ contracts and otl1er 

financial records relating to N5758H. 

REQ_UEST FOR ADMISSIONS 

Under 14 C.F.R § 13.220(b) and Rule 36 of the Federal Rules ofCivilProcooure, you are 

requested to admit the tr.ll.th of the following matters. A matter is admitted unless responded 

to in a reaso:oable tim.e. The Rules of Practice in FAA Civil Penalty Actions, 14 C.F.R. 

§ 13.220(d), defmes a reasonable time to be 30 days. The agency requests that an answer be 

served upon the agency. attorney either admitting the matter, specifically denying the matter, 

stating why the matter cannot be admitted or denied, or objecting to the request, with 

reasons for the objection stated within 30 days oftb.e date of service upon you, that is, . 

November 8, 2012. 

Request for Admission No. 1: Admit ihat the manufacturer ofN5758H was Bell Helicopter. 

Request for Admission No. 2: Admit that Exhibit 1 is an authentic copy of Leading Edge's 

complete Airframe Capability List as it existed on February 17 ~ 2011. 

Request for Admission No. 3: Admit that the only Make/Model/Series of aircraft 

manufaci:ured by Bell listed oo. Exhibit 1 are "'206AIB series." 

Complainant's Initial Dis~o-very Request 

FAA v. Leading Edge Aviation, Inc. 

OMS No. FAA.·201.2-0783 

Page 5 ofS 

JEFFREY M. HA.R.T'ER, FAA ATTORNEY 

TEL: (425) 227-2161; FAX: (425) 227·1007 

PAGE 06/09 
10/09/201~ 12:30 4252271007 ANM7 

Reguest for Admission No. 4: Admit th~t Bel1206L-1 aircraft are not Bel1206A aircraft or 

Bell 206B aircraft. 

Reguest for AdlnissionNo. 5: Admit that Exhibit 2 constitutes excerpts from the Bell 

Helicopter Inspection program for Bell 206L-1 aircraft that was curtent on February 17, 

2011. 

Request for Admission tio. 6: Admit that Exhibit 3 is an authentic copy of an entry made in 

the aircraft logbooks ofN5758H by Leading Edge. 

Roouest for Admission No. 7: Admit that Exhibit 3 refers to the inspection program which 

is excerpted in Exhibit 2. 

~uest for Admission No, 8: Admit that Leading Edge used or should have used an 

inspection program from Bell Helicopter during its Febru.azy 17 ~ 2011 inspectio11. of 

NS758H. 

Request for Adm.ission No.9: Admit that, for each subpat.agraph ofParagraph 11 of the 

Co1n;pla.tn:t, the qu.oted language appears in. Exhibit 2. 

Reguest for Admission No. 19: Admit that Leading Edge Aviation, Inc. was required to 

follow the instructions that appear in Paragraph 11 of tb.e Complaint. 

Request for Admission No. 11: Admit that Exhlbit 4 is a complete and authentic copy of the 

work order referred to in Exhibit 3. 

Request for Adm.i,ssion No, l~: Admit th.at "Discrepancy: 16" in Exhibit 41ists "Problem: 

AIC leak. Action Taken: Unable to service due to ambient air temperature." 

;Bpquest for Admission No. 13; Adrirlt that each oftb.e discrepancies id.entifi.ed in allegation 

number 16 of the Complaint existed at the time that Leading Edge returned NS758Hto 

service on or about FebiUary 17, 2011. 

Reg.,uest for Admission No. 14: Adm.it that Leading Edge does not have an Aviation Safety 

Action Program. · 

Reguest for Admission No. 1~: Admit that repair stations operating under 14 C.F.R Part 145 

have, since December 6, 2010, been required to use the web-based system available at 

https://av-info.faa.gov/vdrp/ to make voluntary disclosures to the FAA. 

Complainmt's Initi.Eil Discovery Reqllest: 

FAA v. LeadingEdgeAviati.on, J.no. 

DMS 'No. FAA-2012.·0783 

Page 6 ofS 

JEI"FFJ!Y M. HARPER, FAA Ano1tNEY 

TEL: (425) 227-2161; FAX: (425) 227·1007 

PAGE 07/09 
10/09/2012 12:30 4252271007 ANM7 PAGE 08/09 

B,_egu.est for Admission No. 16: Admit that Leading Edge Aviation, Inc. did not "self-report" 

(i.e. voluntarily disclose) any issues via the Voluntary Discloswe Reporting Program webbas~d reporting system available at https:/ /av~info.faa.gov/vdrp/ in 201 0~ 2011, or 2012. 

Reguest for Admission No. 17: Admit that Leading Edge Aviation. Inc. did not "self~report" 

(i.e. voluntarily disclose) any issues with a nexus to N5758H via the Voluntary Disclosure 

Reporting Pro~ web-based reporting system available at https~//av-info.faa.gov/vdrp/. 

ReqUest for Admission No. 18: Admit that for a "self-report" (i.e. voluntary disclosure) of 

an apparent violation to be mitigating, the report must be m.ade before the FAA discovers 

the apparent violation~ the reporter must take immediate action to correct fue 

non.compliance, and must work with th.e FAA on steps to preclude recurrence of the 

apparent violat~on. 

Request for Admission. No. 19: Admit that Leading Edge Aviation, Inc. is a ''small busin~ss 

con.cem" as defined by 15 U.S.C. § 632, 13 C.F.R. § 121.105, aqd 13 C.P.R.§ 121.201. · 

Request for Admission No. 20: Admit that tb.e $33,000 sought in this case is consistent with 

the Administrator's sanction guidelines found in FAA Order 2150.3B. 

Request for Admission No. 21: Admit that Leading Edge Aviation, Inc. has the financial 

ability to pay the proposed penalty of$33,009. 

Request for Ad.miss.ion No. 22: AdmH that Leading Edge Aviation, Inc. has been in business 

for more than two decades. 

Cor.nplainant's Jn.i.tial Discovery Request 

FAA v, Leading Edge Aviation. Inc. 

DMSNo. FAA-2012·0783 

Page 7 of8 

.TT;.'L"FREY M. H/o.ru'~ FAA AITOR.l;>.l'l;Y 

TEL: (425) 227-2161; FAX: (4:25) 227·1007 
• 10/09/2012 12:30 4252271007 ANM7 

CERTIFICATE OF SERVICE 

I hereby certify that the for:egoing Initial Discovery Request has been served via fa.cshnile 

(without exhibits attached) and Certified Mail- Return Receipt Requested (without 

exhibits attached) this date, to 'tl1e following: 

The Honorable Richard C. Goodwin. 

Office of Hearings, M-20 

1200 New Jersey Avenue, S.E. (E~ 1-310) 

Washington, D.C. 20590 

TEL: (202) 366~21~9 

FAX: (202) 366-7536 

Federal Aviation Administration (Original and one copy) 

800 Independence Avenue SW 

Washington, D.C. 20591 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building- Suite 2Wl 000 F~: (202) 493-5142 

I hereby certify that the foregoing Initial' Discbv.ery Request has been served via. facsimile 

(with.out exhibits attached) and Certified Mail- Return Receipt Requested (with exhibits 

attached) this date~ to the following: ' 

Fred C. Begy~ Esq. 

Chuhak & Tecson 

30 South Wacker Drive, Suite 2600 

Chicago, IL 60606 

Tel: (312) 855~5442 

Fax: (312) 444~9027 

Dated this 9th day of October, 2012. 

Ter . · k 

0 ·'lee of Regiona. Counsel (ANM" 7) 

Federal Aviation Adm.inistration 

1601 Lind Ave. SW 

Renton, W A 98057 

(425) 227~2160 

Complainant's In.itial Discovery Request 

FAA v, Leading; Edge Avia.tion., Inc. 

DMS No. FAA-2012-0783 

Page 8 ofS 

.Ja-F.FREY M. HARPEF., FAA ATTORNEY 

TEL: (4:l5) 227-2161; FAX: (425) 22~·1007 

PAGE 09/09