U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

FEDERAL AVIATION ADMINISTRARECEIVED 

JAN 252812 

FEDERAL AVIATION ADMINISTRATION, HEARING DOCKET 

Complainant, 

vs. 

SKY KING, INC. 

Respondent. 

FAA Docket No. CPll SOOOOO 

Judge Richard C. Goodwin 

FDMS No. FAA-2011-0670 

FAA Case No. 2010S0700422 

COMPLAINANT'S MOTION TO COMPEL 

Pursuant to Section 13.220 of the Rules of Practice in FAA Civil Penalty Actions (14 

C.P.R.§§ 13.220), the Complainant, by and through the undersigned counsel, hereby 

moves that Respondent be ordered to properly respond to the Complainant's First 

Requests For Discovery, dated November 1, 2011. As grounds for this Motion, 

Complainant states the following: 

1. 

Respondent received Complainant's discovery on November 2, 2011. Exhibit 1. 

2. 

On December 19, 2011, Complainant reminded Respondent that its responses to 

discovery were due the first week of December, 2011 and provided Respondent another 
copy of the discovery requests. Exhibit 2. The letter gave Respondent additional time to 

reply and stated that its purpose was to avoid filing a motion to compel. Respondent 

received this letter on December 21, 2011. Exhibit 3. 

3. 

Respondent has not answered Complainant's discovery requests. 

WHEREFORE, Complainant respectfully requests that Respondent be ordered to 

immediately respond to Complainant's First Discovery Requests. 

Respectfully submitted this 18th day of January, 2012. 

GE DA. ELLIS 

Attorney 

Office of the Regional Counsel 
CERTIFICATE OF SERVICE 

I hereby certify that a copy of the foregoing Complainant's Motion To Compel has 

been mailed this date by Certified Mail, Return Receipt Requested, to the following: 

The Honorable Richard C. Goodwin 

DOT, Administrative Law Judge 

Office of Hearings, M-20 

1200 New Jersey Avenue, SE 

East Building Ground Floor 

Room El2-320 

Washington, DC 20590 

FAX: 202-366-7536 

Stephen A. Badger 

V.P. of Flight Operations and 

Director of Safety and Security 

Sky Kffig, Inc. 

910 Florin Road, Suite 200 

Sacramento, California 95831 

FAX: 541-647-1127 

Hearing Docket Clerk 

FAA, AGC-430, Suite 2W1 000 

Wilbur Wright Building 

800 Independence Avenue, SW 

Washington, DC 20591 

\C;run.m f!.; Bb).;)JL\!1~ 

Legal Assistant ~ 

Office of the Regional Counsel 

JAN 1 8 2012 

Dated 

(original) 

(1 copy) 

(1 copy- Certified Only) 
Detailed Results 

Tracking no.: 871820045416 Select time format: 12H 

Delivered Delivered 

Signed for by: A.AMY 

Shipment Dates Destination 

Ship date Nov 1, 2011 

Delivery date Nov 2, 201112:10 PM 

Shipment Options 

Hold at FedEx Location 

Hold at Fed Ex Location seN ice is not available for this shipment. 

Shipment Facts 

Service type Priority Envelope Delivered to 

Shipment Travel History 

Select time zone: Local Scan Time 

All shipment travel activity is displayed in local time for the location 

DatefTime Activity Location 

Nov 2, 2011 12:10 PM Delivered 

Nov 2, 20118:11 AM On FedEx vehicle for delivery SACRAMENTO, CA 

Nov 2, 2011 7:31 AM At local FedEx facility SACRAMENTO, CA 

Nov 2, 2011 5:02AM At destination sort facility SACRAMENTO,CA 

Nov2, 20113:15AM Departed FedEx location MEMPHIS, TN 

Nov 1, 201111:57 PM Arrived at FedEx location MEMPHIS, TN 

Nov 1, 2011 9;33 PM Left FedEx origin facility ATLANTA, GA 

Nov 1, 2011 3:55 PM Picked up ATLANTA, GA 

Page 1 of 1 

~)Print page I Close (} 

Receptionist/Front Desk 

Details 

http://www .fedex.com!Irack:ing/Detail?trackNum=871820045416&ftc start nrl=&backTo=&tota... 1 /1 7/201 2 
U.S. Department 

of Transportation 

Federal Aviation 

Administration 

DEC 1 9 2011 

CERTIFIED MAIL 

Stephen A. Badger 

V.P. of Flight Operations and 

Director of Safety and Security 

Sky King, Inc. 

910 Florin Road, Suite 200 

Sacramento, California 95831 

Southern Region P.O. Box 20636 

Office of the Regional Counsel Atlanta, Georgia 30320 

(404) 305-5200 

( 404) 305-5223 Ff\X 

Re: FAA v. Sky King, Inc., FAA Docket No. CP11SOOOOO, FAA Case No. 2010S0700422 

Dear Mr. Badger, 

We have not received your responses to the Agency's First Discovery Requests filed on 

November 1, 2011. Your discovery responses were due on or about December I, 2011. 

Please provide complete answers to the above-described discovery by January 5, 2011 to avoid 

the filing of a motion to compel. 

Sincerely, " . ;"~/ 

Attorney 

G&t~~ 

Office of the Regional Counsel 

Attachments 
CERTIFICATE OF SERVICE 

I hereby certify that this discovery letter been sent by Certified Mail as indicated below to: 

Stephen A. Badger 

V.P. of flight Operations and 

Director of Safety and Security 

Sky King, Inc. 

910 Florin Road, Suite 200 

Sacramento, California 95831 

Stephen A. Badger 

20407 Pine Vista Dr. 

7702 

c u 2011 

Dated 

U.S. Postal Service,M 

CERTIFIED MAILM RECEIPT 

(Domestic Mall Only; No Insurance Coverage Provided} 

For delivery Information visit our website at www.usps.com® 

Postage $ f---------1 Certified Fee 

Return Receipt Fee 

(Endorsement Required) 

Restricted Delivery Fee (Endorsement Required) 

f---------1 

1-----___.j 

Postmark 

Hen. 
U.S. DEPARTMENT OF TRANSPORTATION 

OFF1CE OF HEARINGS 

FEDERAL AVIATION ADMINISTRATION 

FEDERAL AVIATION ADM!NISTRA TION, 

Complainant, 

vs 

SKY KING, INC. 

Respondent. 

FAA Docket No. CPllSOOOOO 

Judge Richard C. Goodwin 

FDMS No. FAA-2011-0670 

FAA Case No. 20IOS0700422 

COMPLAINANT'S FIRST REQUESTS FOR DISCOVERY 

Pursuant to Section 13.220 of the Rules of Practice in FAA Civil Penalty Actions 

(14 C.F.R.§§ 13 220) the Complainant, by and through the undersigned counsel, hereby 

requests that Respondent respond to the following Interrogatories, Requests for 

Production, and Requests for Admission: 

INTERROGATORIES 

l. Please provide a list of witnesses you expect to testify at a hearing on this 

matter along with a summary of their expected testimony. 

2. Please provide Complainant with the name, occupation, address, and 

phone number of each witness who is expected to present expert testimony. Include a 

summary of the expected testimony including facts and opinions. Also state the basis for 
the opinion including but not limited to a description of any documents, reports, records, 

or tangible evidence relied upon. 

3. Please provide a list of exhibits that Respondent intends to introduce into 

evidence at trial. 

4. Please state, in detail, the facts upon which you base any affirmative 

defenses in your Answer (including the reasons you allege you did not know the 

shipment was or contained hazardous material). 

5. Please provided the name, address, and telephone number of each person 

who packaged, shipped, or in any way caused to be shipped the material at issue in this 

case. 

REQUESTS FOR PRODUCTION 

I. Please provide a copy of each exhibit that Respondent intends to introduce into 

evidence at trial. 

2. Please provide a copy of each exhibit that Respondent used to answer the 

Interrogatories, above. 

3. Please provide a copy of any hazardous materials training records kept according 

to 49 C.F.R. §I 72.704(d), for any employees or agents of Respondent, who were 

in any way responsible for the shipment of the material involved in this matter. 

4. Please provide a copy of any of Respondent's company policies or procedures 

that relate to the identification, classification, storage, handling, or shipping of 

hazardous materials. 
5. Please provide the total number of employees Respondent has and the number of 

those employees located in the United States. 

6. Please provide a copy of each exhibit that Respondent plans to use to support any 

of its affirmative defenses. 

REQUESTS FOR ADMISSION 

Respondent is requested to admit or deny, or provide reasons why it cannot admit or 

deny the following Requests for Admission: 

I. Respondent is requested to admit that at the time of the shipment at issue 

in this matter, a Fuel Control Unit was listed as a hazardous material ("Fuel system 

components (including fuel controlumts (FCU) carburetors, fuel lines, fuel pumps") 

according to the Hazardous Materials Table in 49 C.F.R. Section 172.10 I 

2. Respondent is requested to admit that each of the attached photos 

accurately represents the material and the package alleged to have been offered by 

Respondent in this matter. 

Respectfully submitted this r day of No..rc r\\ ~Cr '2011. 

NOTICE 

Pursuant to 14 C.F.R. §13.220(1) (I), responses the above discovery requests are due 30 

days after service of the request. 

GERALD 

~//~ A. ELLIS 

Attorney 

Office of the Regional Counsel 
...__"' ~ 

C- . +. . ----:J r··: 

:./ ~"-~ j 

' < 

! 
•';·,,.,...._. ---C" 

' 

,..,_, 

I '-·< 
";f!'lll/ 

j;'~~( 
·~~,- !'<"""f"··-·.·,··~-: ~:·_1:-

~;;" ..... i ~· r~'"'-· 

---·'f'' 

~ 

l 

l 

' 

~' 

' 

~ ;* 

,.., 

~ J 

~· 

~~ 

...... , 

\ 

''".:.~, . . \~ 

' ~l ! ,.~ :·~ 

., ' 

I .. ~·, 

_L_ 
$ii$,@Ji}# .,.{4¢!- 1.\hh.J Qtp J;¥.) (4@¢,k.Qt).L¢,,.,.k#~~~~'JR1.(,!{%10Jd#{M~::.w,;t,%l~~ · :·•·, ~-:~?-•1\'Mp'~· +·~" .. 

COMPONENT PARTS TAG t ATA CODE 

NOMENCLATURE: FtJEL PU41 p I LOG# --

PART NO. 3 7 8 z 0 0 I STATION: -

11 SIN 170-j I .AJCNo. __ 

P.O. NO. EXCH ------

0 OVRHLD 

QNEW 

0 REPAIRED 

0 INSPD. 

0 BENCH CK 

~ cv~ftfO:TlME 

TSN ____ ---T CSN .. '"~ ,, 

.... / 

TSO .. --..._ 1 -~ CSO 

MFG.-~AT~:_u_ Y // \ WT CK 

HYDRO. DAT£;7:=-~EXP RCVDIINSP BY m / • I c? -flJ"'---" 

' / 

Of.TE: 

ROBBEJ PART TRANSA 

ENGINE SIN: 

MECH SIGN:_ 

MECH A&P No. _ 
u l 1 n , 1 c'n • 

EXCH _,..,.........._""'"~' 

(J REP-\!RED 

C) tNSPD 

~ f~t \:\''I \'I\ 

, l(' \\ ' ~ \ 1 I~ 11 Jwl \, \ , I ' l 

\ _,. / 

-' . cso ""{ . .. '\; '\> 

• . . WT CK C\A.TF -' 

DATE / 

il:• ~ ·~-·' ,f ., 

~:., -- Ill 

·PAM TRANSACrtON 

• • ....... • .. ... _...,~lf· ... ;. 

,. • 

~nATION 

AJC No. 

F.NGtNtF SIN 

MECH SION 

MECH A&P' 

OAT!: ".,." 

TAT ,. •·~· .......-•·A.~" 

TAC .... _.....-, ,,.. ' 

ENG TSN 

FNG CSN 

REMARKS: 

(t) 
SKYKING INC 

2tl8$~062 · ... ······t~~it; ~·· .... ._····INC 

a.oo·P··· R .. ··.·. o .. PHU.ER. PLACE A~m'HR CA 95301 

C:.F£l:!r.li'P· . TO . 0~~''. '- • 

71 LBS 

SKY KING MECHANIC Nl47AW 

609-383-3993 

MID ATlANTIC JEI' 

GOW OFFICE .... "- ,-~iflh;(,~~~-, "··· · ·.. '- .: . .... 

,il_····~:~g:; :O'l"'E .. J..:' 1·12 ' ·_ · 

·· ·.·. ~C INTERNATIONAL AIRPORT 

AH D~·· ·· .. , ,ln 

: ~l" 

EGG HARBOR TOWNSHIP NJ 08234 
< - - "'""'"'""--

"- ...,_, ..... ~ ........ 

I 

I 

0 

t:'---.. 

\.0 

...... 

~~ \[) 

..-. 0 

~ 

~ 

~<X) 

~ ....... Q'\ 

N 

r-1 



\JI' ,-;0 0 ;;;·; 

,·-: ;_*'J-'; ... --:- to:}.-

' 
" • 

~- ' 

:! ~ 

·~ 
;~ 

I 

I 

... ,- 1 }r;;, p, , " , "I', 

\·,', ~- ' ' 

~ 

'·' 
CERTIFICATE OF SERVICE 

I hereby certify that a copy of the foregoing Complainant's I'' Requests For Discovery 

have been sent via Federal Express to the following: 

Stephen A. Badger 

V.P. of Flight Operations and 

Director of Safety and Security 

Sky King, Inc. 

910 Florin Road, Suite 200 

Sacramento, California 95831 

FAX: 541-647-1127 

~;VtQQO( Office of the Regional Counsel 

NOV 0 1 lfll1 

Dated 

( l copy) 
SENDER: COMPLET HIS SECTION 

• Complete items 1, 2, .d 3. Also complete 

~em 4 n Restricted Delivery is desired. 

• Print your name and address on the reverse 

so that we can return the card to you. 

• Attach this card to the back of the mailpiece, 

or on the front n space perm~. 

1. Article Addressed to: 

Stephen A. Badger 

V.P. of Flight Operations and 

Director of Safety and Security 

Sky King, Inc. 

910 Florin Road, Suite 200 

Sacramento, California 95831 

111111 

3. Service Type 

\ll)certlfled Mall 

b Registered 

( ~irst-Ciass Mail . Jostage & Fees Paid 

USPS 

Permit No. G-1 0 

~ 

N DELIVERY 

0 EXpress Mall 

0 .Return Receipt for Merchandise 

2. Article Number 

(Transfer from service label} 7011 1570 DODO 7682 6401 

PS Form 3811, February 2004 Domestic Retum Receipt 102595-02-M-1540 

•