of Counsel 

Richard C. Forman 

Paul E. Marth 

- Jl } 

Forman • Rossabi • Black 

ATTORNEY S A T L A W 

June 8, 2010 

^B 

Federal Aviation Administration 

ATTN: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building - Suite 2W1000 

800 Independence Avenue, SW 

Washington, DC 20591 

RE: In the matter of Federal Express Corporation 

FAA Docket No. CP09AL0005 

DMS No. FAA 2009-0099 

-;WG DOCKET 

Amiel J. Rossabi* 

T. Keith Black 

James H. Slaughter 

Steven E. Black 

Emily Jeffords Meister* 

Barbara L. Stewart 

Theodora A. Vaporis tt 

Carole R. Albright 

Gavin J. Reardon 

Margaret M. Chase 

Michael C. Taliercio* 

'also licensed in NY 

' 'also licensed in SC 

tt also licensed in CA 

Dear Sir or Madam: 

Enclosed are an original and one copy of a Motion to Quash filed on behalf of Jay 

Romano, a non-party, to be filed in the referenced matter. 

With warmest regards, I am 

Sincerely, 

jHlLLLij.^^H ^ 

Amiel J. Rossabi 

t^/t^ 

AJR/kem 

Enclosure 

Greensboro Office 

Post Office Box 41027 • Greensboro, North Carolina 27404-1027 

3623 North Elm Street, Suite 200 • Greensboro, North Carolina 27455 

336 378 1899 • Fax 336 378 1850 • www.frb-law.com 

Charlotte Office 

301 McCullough Drive, 4th Floor • Charlotte, North Carolina 28262 

704 970 1593 • www.frb-law.com 

By Appointment Only 
U.S. DEPARTMENT OF TRANSPORTATION '"^ -' ' .V :;'-"'^=^''^ 

OFFICE OF HEARINGS 

WASHINGTON, DC -, 

RECE/\/Pr> 

m I 4 2ora 

(Civil Penalty Action) nC/HHINQ DOCKET 

IN THE MATTER OF 

FEDERAL EXPRESS CORPORATION 

FAA DOCKET NO. CP09AL0005 

DMS No. FAA 2009-0099 

MOTION TO QUASH 

Jay Romano ("Mr. Romano"), by and through his undersigned counsel and pursuant to 14 

C.F.R §302.25(f) and Rule 45 of the Federal Rules of Civil Procedure, hereby moves to quash 

the Subpoena purportedly served upon Mr. Romano on June 3, 2010. In support of such Motion, 

Mr. Romano shows unto the Court as follows: 

1. This matter was commenced by the Federal Aviation Administration ("FAA") 

against Federal Express, and involves violation of several provisions of the 

Hazardous Materials Regulations. 

2. Mr. Romano is a citizen and resident of North Carolina. 

3. On or about May 21, 2010, FAA sent a letter addressed to Mr. Romano, an 

employee of Redox Tech, together with a Subpoena. A copy of the letter and 

Subpoena are attached hereto as Exhibit A. 

4. The Subpoena was delivered to Jackie Satterwhite, a person who is not authorized 

to accept service of a Subpoena on behalf of Mr. Romano. 
5. The Subpoena should be quashed on the following grounds, without limitation: 

(a) service was not properly effected upon Mr. Romano; (b) the Subpoena 

requires Mr. Romano, a non-party, to travel more than 100 miles from where he 

resides, is employed or regularly transacts business; (c) the Subpoena requires Mr. 

Romano to be away from his family and children on Father's Day; (d) the 

Subpoena, potentially, adversely affects a family vacation scheduled by Mr. 

Romano, beginning on June 24, 2010, due to his having to miss work for his 

attendance in Alaska; and (e) the Subpoena subjects Mr. Romano to undue 

burden. 

6. On June 7, 2010, the undersigned counsel contacted Mr. Gleim Brown, the person 

who sent the Subpoena addressed to Mr. Romano, and offered an alternative to 

the onerous Subpoena actually sent. The email sent by the undersigned counsel 

and response by Mr. Brown is attached hereto as Exhibit B. 

WHEREFORE, Jay Romano respectfully requests that the U.S. Administrative Judge: 

1. Enter an order quashing the subpoena to Jay Romano in its entirety or, in the 

alternative, modifying the Subpoena; and 

2. Grant unto him such other and further relief as this Court deems just and proper. 

This the M ^ day of June, 2010. 

el J. Rossabi 

Attorney for Jay Romano 
OF COUNSEL: 

FORMAN ROSSABI BLACK, P.A. 

3623 North Elm Street, Suite 200 

Post Office Box 41027 

Greensboro, North Carolina 27404-1027 

Telephone: (336)378-1899 
SERVICE LIST 

ORIGINAL AND ONE COPY 

Federal Aviation Administration 

800 Independence Avenue, SW 

Washington, DC 20591 

ATTN: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building - Suite 2W1000 

ONE COPY 

Courtney E. Felts, Staff Attorney II 

Federal Express Corporation 

Regulatory Affairs, Legal Department 

3620 Hacks Cross Road 

Building B, 3'" Floor 

Memphis, Tennessee 38125 

Telephone: (901)434-8632 

Facsimile: (901)434-8283 

Glenn H. Brown, Senior Attorney 

Office of Regional Counsel 

Federal Aviation Administration 

222 West 7"^ Avenue #14 

Anchorage, Alaska 99513 

Telephone: (907)271-5217 

Facsimile: (907)271-2800 

The Honorable Richard G. Goodwin, Administrative Law Judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

1200 New Jersey Avenue, SE 

East Building Ground Floor, Room El2-320 

Washington, DC 20590 

Telephone: (202) 366-2139 Attorney-Advisor 

(202) 366-5121 Legal Assistant 

Facsimile: (202) 366-7536 

U. S. Department Alaskan Region 222 W. 7ih Avenue »14 

of Transportation Ofdce of the Regional Counsel Anchorage, Alaska 99513-7587 

Federal Aviation PH: (907)271-5271 

Administration FAX: (907)271-2800 

W/^ 2 1 ^010 

VIA HAND DELIVERY 

Jay Romano 

Redox Tech, LLC 

1006 Morrisville Parkway 

Morrisville, NC 27560-9367 

Re: In the Matter of FedEx Express Corporation 

FAA Docket No. CP09AL0005 

Dear Sir: 

The case referred to above is an action before an Administrative Law Judge in which we have 

alleged FedEx Express violated certain provisions of the Hazardous Materials Regulations 

(HMR). In such a proceeding it is necessary, under the law, that we prove the facts alleged. 

Accordingly, a hearing in this matter has been scheduled for June 21-22, 2010, in Anchorage, 

Alaska. 

Your testimony will be needed to establish certain facts regarding the shipment of a hydraulic 

pump from Attleboro, Massachusetts, to Anchorage, Alaska, on about September 5, 2007. A 

subpoena commanding your presence at the hearing is enclosed. 

You \W11 be entitled to witness fees and to reimbursement of certain travel and miscellaneous 

expenses from your residence to the place of hearing and return. The enclosed Standard Form 

1157 (Claim for Witness Attendance Fees. Travel, and Miscellaneous Expenses) should be 

completed and returned to this office with the subpoena after the hearing. 

Please contact our office at the above-listed number so that we can arrange government-funded 

airline tickets, as this is the only means to ensure you will be reimbursed for your travel 

expenses. We also need lo discuss your testimony. 

Sincerely. 

Glenn H. Brown 

Senior Attorney 

Enclosures 
U.S. DEPARTMENT 01< T1^-\.NSP0RTAT10N 

FEDERAL AVIATION ADMINISTR.A.TION 

CIVIL PENALTY SUBPOENA 

In the Matter of: Docket No.: CP09AL0005 

FEDERAL EXPRESS CORPORATION DMS No.: 2009-0099 

Issued on: V^-b 21 . 2Q1Q 

To: Ja v Romano. Redox Tech LLC. 1QQ6 Morrisvill e Pkwv.. Mnrrlavnie . NC 27560-9367 

Under 14 C.F.R. § 13.228(a). YOU AUK REQUIRED: 

[y| To appear and testify before an .Administrative Law Judge of the Departineni of Transportation 

at: TI-S , ntfifrin f Cnitrf . 2? ? W. 7t-h AVPTIUP , Anr>im-flg» , AV QQS n 

in the city of Anchorage on the 21st day of June 20 jQ 

at 9:00 am 

n To appearand testifS'at a deposition to be conducted by: 

at: 

in the cit>' of on the day of 20 

at am 

[~] To bring with you and produce the following documents, records, papers, books, and tangible items: 

If you have any questions about this subpoena, contact R1 enn H. Rrnun 

at this address and iclephone number: 222 W. 7th Avenue. Anchorage . AK 99513 

Tel; (907) 271-5271 

/ 'yH't/< •d-t-,<w 

Stephanie McClain 

Hearin" Docket Clerk 

Auitwriiy: 14 C.r.K. 5 13.228; 49 U.S.C. S§ 5121-.mii t.47oKl). or 49 U.S.C §§ 46104 anil l06(gK\) 

A.NY PKR.SON WHO DOKS NOT OBKY THIS SUBPOKNA IS SUBJECT TO 

FINE OK I.MPRISON.MENT OR BOTH UNDER 49 U.S.C § 46313. 
RETURN OF SERVICE 

I CERTIFY that a duplicate / an origintil (circle one) ol'this subpoena was served on the 

person named in ihc subpoena 

by: 

at: 

on the day of 20 _L0_ . 

Name of person making service: 

OtTicial Title: 
B 
Page 1 of 2 

Amiel Rossabi 

From: glenn.brown@faa.gov 

Sent: Monday, June 07, 2010 2:34 PM 

To: Amiel Rossabi 

Subject: Re: In the Matter of Federal Express Corp; DMS No. FAA 2009-0099 

Mr. Rossabi, 

I am not willing to withdraw the subpoena. A motion to quash is an avenue available to you. 

Glenn 

FroiTs: "Amiel Rossabi" <arossabi@frb-law,com> 

To: Glenn Brown/AAL/FAA@FAA 

Date: 06/07/2010 10:28 AM 

Subject- '" ^ ^ Matter of Federal Express Corp; DMS No. FAA 2009-0099 

Dear Mr. Brown, 

Last Thursday, a subpoena was delivered to my client's offices at 200 Quade Drive in Gary, North 

Carolina purportedly serving Jay Romano and demanding his appearance on June 21, 2010 in 

Anchorage, Alaska. Mr. Romano was not served with the subpoena. The person who received the 

subpoena was Jackie Satterwhite, the accountant for my client, who is not authorized to accept 

subpoenas on behalf of my client or Mr. Romano. The subpoena, therefore, should be quashed and I am 

prepared to file such a motion with the Administrative Law Judge. As an aside, the June 21 date for 

appearance also, potentially, conflicts with a long planned family vacation for Mr. Romano. 

Rather, than file the Motion to Quash, I am willing to discuss with you your voluntary withdrawal of the 

subpoena and an alternative to Mr. Romano's personal appearance, which may include his testimony by 

phone, together with the production to you of the signed fedex slip. In addition to the hardship to Mr. 

Romano of having to personally appear in Anchorage on June 21, it would be a hardship to my client to 

lose him during the days of trial and appearance whenever he has to testify. I ask you to consider this 

and let me know immediately if this is something we can discuss; otherwise, I will file my Motion to 

Quash. 

Thank you. 

6/7/2010 
Page 2 of 2 

Amiel J. Rossabi, Esq. 

FORMAN ROSSABI BLACK, PA 

ATTORNEYS AT LAW 

Greensboro Offices: Charlotte Offices: 

Post Office Box 41027 301 McCullough Drive, 4th Floor 

Greensboro, North Carolina 27404-1027 Charlotte, North Carolina 28262 

(704)319-1049 

(336)378-1899 

arossabi@frb-law.com 

Firm Web Site: www.frb-iaw.com 

This e-mail contains confidential information for the addressee. Do not read, copy or share this 

communication unless you are the intended addressee. If you receive this e-mail in error, please contact 

the sender by reply e-mail or by telephone. Thank you. 

6/7/2010