07/14/2011 TlIU 10:23 FAX 817 222 5092 regional counsel @1001/003 

Federal Aviation 

Admihistratioji 

14 8 

To: Glendora, AGC^30 

Company: Federal Aviation Administration 

Telephone: 

^^^' 202.493.5142 

From: Erie E. Anderson 

Title: Managing Attorney 

Southwest Region 

Office of Regional Counsel 

Fort Worth. Texas 76137 

Package/Courier Address 

2601 Meacham Boulevard 

Fort Worth, Texas 76137 

T (817.222.5078) 

F (817.222.5945/5092) 

Date: July 14, 2011 

Pages w/cover: 3 

Facslnnile 

CP/oSbooii 

Here are the requested documents to be added to ihe Complaints already 

received by your office. Please let me know if you need anything further. Thanks.. 

Please Note: "This message is intended oniy for the use of the individual or entity to 

which it is addressed and may contain information that is privileged, confidential, and 

exempt from disclosure under applicable law." 

U.S. Dopartmont of Tranoportotion 
07/15/20 1 1 1 -aSPM FAX (210001/0010 

U.S. DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

Charles Raley. Cynthia Dominik, Laura Ponto, 

Peter Lynch, Latonya Williams 

Complainants 

V. 

Honorablo JudflG Richard Goodwin 

Docket: 2010-1211 

M & R Helicopters, LLC. 

Respondent 

CERTinCATEOFSERViCE 

HEREBY CERTIFY that I have this day served the foregoing entrle(sl 

Lette r Judg e Goodwin, Failure t o Settl e th e Case/Tria l Schedul e 

MOTION FOR DEPOSITION OF LAURA PONTO AND 

LATONYA WILLIAMS 

MOTION FOR PRE-TRIAL REVIEW BY THE 

HONORABLE J. RANDOLPH BABBIT 

upon all parties of record in this proceeding, in accordance with the requirements of Rule 29 

pursuant to 28U.S.C.§ 1746. 

Serviceby first-cla-^j nigil. postoge prepoid. addressed as follows: 

Federal Aviation Administration 

800 Independence Avenue, SW 

Wilbur Wright Avenue-Suite 2W1000 

Washington, D.C. 20591 

Att: Hearing Docket Cleric, AGC-430 

FAX 202 493 5142 

Charfes Ra.'ey 

Enforcement Division/AGC-300 

Office of the Chief Counsel 

FAA 

aOO Independence Avenue, SW 

Washington, DC 20591 

FAX 202 267 5106 

The Honorable Richard C. Goodwin 

US Department of Transportation 

Office of Hearings, M-20, Room El2-320 

120D New Jersey Avenue. S.E. 

Washington, DC 20590 

FAX 202 366 7536 

By: 

Mici-iael B.'Selig, MD, FACC. 

2816 0re[ield Road 

Allentown, Pa. 18104 

6103603953 ^ j'^^^^ U 

Dote: , (-A - ^ n 
07/15/2011 1:33PM FAX 00002/0010 

MICHAEL B. SELIG, M.D., KA.CC 

LifeLine Cardiology 

Federal Docket 2010-1211 

FAA File 2009SO950434 

DR Helicopters, LLC. 

2816 Orcfield Road 

Allentown, PA- 18104 

July 15, 2011 

The Honorable Richard C. Goodwin 

US Department of Transportation 

Office of Hcai-ings, M-20. Room El2-320 

1200 New Jersey Avenue. S.E. 

Washington, DC 20590 

FAX 202 366 7S36 

Re: Failur e t o Settl e th e Case / Trial Schedul e 

Dear Judg e Goodwin 

This letter is pursuaiiL Lo a recent further attempt to reconcile this 

matter with Mr RaJey in a case that now has ite-neaj-ly J 00 docket entries. 

The Honorable Judge Yoder affirmed that this case was "one of the least . 

reasonable cases he had seen in his 35 years of being a judge" in tlie pretrial hcai'ing transcript and firmly advised settlement. 

On May 10, 2011, Mr Raley came forth as one in a tag team of 4 

agency attorneys, with the first and only settlement offer by the agency 

tha t dismissed all financial penalties based on the confirmed fmancial 

losses, if the.respondent would agree that the flawed violation theory be 

entered into the record. These losses also serve to confirm the lack of 

operation (also in a protracted divorce) ajid no income during and after the 

alleged violation period. 

. Ms Raley would not agree to completely dismiss the case in its 

entirety, in good faith but willing to proceed to hearing despite the ongoing 

costs to t±ie agency aj:id taxpayers and squ^mdehng of judicial resources at 

time of unprecedented governmental deficits. 

1 made a further attempt at settlement July 6, 2011, by email 

foJlowed with no direct response whatsoever, only July 12, 2011 letters by 

him only to confirm his willingness to proceed forward with discovery 

requests and hearing dates. 

\f^^Tl^rfn^!!^'''''^^^^''^^'' " ^^'^^ Westgate Drive, Suite 101 - Bethlehem^ Pennsylvania 18017-7474 

Vce/VM 610-668.6200 • Fax 610-86S-U89 • Education Semico 610-868-6203 . F^a/y sa//gm@to,L 
07/15/201 1 1.38PM FAX 1210003/0010 

In addition to many other defects in this case, the 2 regulations that 

the agency was violating tlie respondent [or: 135.251 and 135.255, were so 

confusing, inconsistent, cbntradictoi'y and problematic that the FAA rule 

makers removed these regulations in July 13, 2009, perhaps unbeknownst 

by the complainants or lacking candor to the tribunal, one year before the 

complainants even filed their complaint (emphasis supplied). 

The Complainant's needless persistence and conduct in this matter 

appears unreasonable and outrageous and exceeding the bounds tolerated 

by decent societ>^ and has been done willfully, maliciously and deliberately 

with the intent to cause respondent severe harassment, mental and 

emotional pain, distress, and angtiish and loss of enjoyment of life. 

Complainants actions were done with reckless indifference to tlie likelihood 

that such behavior would cause such severe emotional distress, affect his 

cardiology practice, further putting his patients at risk and witli utter 

disregard for the consequences of such actions. 

I. believe as you review this case that you will find tha t this case is 

so far overreaching procedurally and in theory that my request that no 

further time or resources be expended on this case is reasonable and 

thereby dismissing this case with prejudice, prior to any trial. 

In the event you believe this case is meritorious and should go to 

trial in the Allentown courthouse, I am available September 5-8, 19-22, 

ajid on tlie 26i^^ at this time, as I have clinical hospital and community 

obligations to fulfill. 

YouiySincerely, 

Michael B. Selig, MD, FACC, CFI-H 

,LV.ln 

\ 

V 

\ 
07/15/20 , , r38PI.. FAX aoOO-l/OOlO 

1 ...(^v- ^ », ^ , 

m s e lia. 

From: "mseiig" <mselig@ptd.net> 

To: <Charl6s.Raley@faa.gov> 

Sent: Wednesday, July 08, 2011 10:07 AM 

Subject: Dropping the Case 

Mr Raley 

It appears tax payers will now needlessly have to pay to transport people to the 

Allentown location.for a hearing. 

If you would like to or feel it is morally, ethically or professionally appropriate to 

discuss dropping the case completely, wc can make arrangements to proceed Lo do 

so. 

Thnnk you 

Michael Selig 

610 360 3953 

7/12/20, 
07/15/2011 1.33PI-1 FAX gl0005/0010 

Michael Selig,. MD, FACC, CFI-H 

2816 Orefield Road 

Allentown, PA. 18104 

July 1 ^ 2011 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, D,C. 

Federa l Aviation Administratio n 

Charles Raley, Laura Ponto, 

Latonya Williams . 

Complainants 

V. 

M & R Helicopters, LLC. 

Respondent 

The Honorabl e Richard Goodwin 

Docket: 2010-121 1 

MOTION FOR PRE-TRIAL REVIEW BY THE 

HONORABLE J. RANDOLPH BABBIT 

AND NOW, comes respondent, .MICHAEL B. SELIG, MD, FACC, 

principle for M & R Helicopters, LLC, (MRH) (non-operational and at 

financial loss since 2007) whom avers and files the following Motion to 

for an independent clear look review by the Honorable J. Randolf Babbit. 

1. On July 6, 2011 . respondent emailed Mr Raley to determine i[ he was 

willing to close the case completely instead of incurring additional 

financial costs and addition transportation burden on the tax payers. 

- 1 
07/15/201 1 1 ;38PM FAX 00006/001 0 

2. This attempt to close the case as advised by Judge Yoder was made in 

good faith, in addition to all the other arguments (non-operational, no 

income) against a viable case on the part of the agency. 

3. In addition it was further discovered that the 2 regulations that the 

agency was violating the respondent for; 135.251 and 135.255, were 

so conl'using, inconsistent, contradictoiy and problematic that the 

FAA rule makers removed and rescinded these regulations in July 13, 

2009, one year prior to complainants even filing their complaint 

against respoiTclerit, perhaps unbeknownst by the complainants (did 

not research the currency of the regulations cited) or lacking candor 

to the tribunal, in attempts to impair the dignity of the court. 

4. Since complainants are not interested in settling this case and the 

court has not taken action to terminate this case, with needless 

litigation costs at the taxpayers expense at a time of unprecedented 

governmental debt, it is respondents position that this case has 

continued too long, is interfering with Dr Seligs clinical 

responsibilities and poising undue risk to his patients, has always 

lacked merit and more some now with the recent discovery of the 

above. 

WHEREFORE, the respondent Motions that the Honorable J. Randolph 

Babbit independently reviews this case before a trial, perhaps to dismiss 

- 2 -
07/15/201 1 1.38PM FAX 12)0007/0010 

this case with prejudice in efforts to spare any added travel costs and 

litigation burden to the agency and taxpayers and no further hardship to. 

Dr Selig and his cardiology practice. 

Respectfully Submitted, 

Michael B. Selig, MD, FACC. 

- 3 -
07,' 15/2 0 1 1 1 : 3SPM FAX 00003/001 0 

Michael Selig, MD, FACC, CFl-H 

2816 Orefield Road 

Allentown, PA. 18104 

July 15, 2011 

U.S . DEPARTMEN T O F TRANSPORTATIO N 

OFFIC E O F HEARING S 

WASHINGTON , D.C . 

Federa l Aviation Administratio n 

Charles Raley, Laura Ponto, 

Latonya Williams 

Complainants 

V. 

M & R Helicopters, LLC. 

^^^ ^ Respondent 

The Honorabl e Richar d Goodwin 

Docket: 2010-121 1 

MOTION FOR DEPOSITION OF LAURA PONTO AND 

LATONYA WILLIAMS 

AND NOW, comes respondent, MICHAEL B. SELIG, MD, FACC, 

principle for MR Helicopters, LLC, (MRH) (non-operational and at 

financial loss since 2007) whom avers and files the following Motion to 

have Deposition of Laura Ponto and Latonya Williams unde r Rule 

§13.22 5 in the place of venue. 

1. On July 6, 2011 , respondent emailed Mr Raley to deterinine if he was 

willing to close the case completely instead of incurring additional 

of 3 
07/15/201 1 1 -GSPM FAX 1^)0009/00 10 

financial costs and addition transportation burden on the tax payers. 

2. This attempt to close the case as advised by Judge Yoder was made in 

good faith, in addition to all the other arguments (non-operational, no 

income) against a viable case on the part of the agency. 

3. In addition it was further discovered that the 2 regulations that the 

agency was violating the respondent for: 135.251 and 135,255, were 

so confusittg, inconsistent, contradictory and problematic that the 

FAA rule makers removed and rescinded these regulations Ln July 13, 

2009. one year prior to complainants even filing their complaint 

against respondent, perhaps unbeknownst by the complainants (did 

not research the currency of the regulations cited) or lacking candor 

to the tribunal, in attempts to impair the dignity of the court. Since 

complainants are not interested in settling this case the following 

persons are requested for depositions. 

4. Respondent requests the deposition of Latonya Williams, 

5. Respondent also request that Ms Williams brings with her, her travel 

log of 2009 and 2010 as requested earlier, 

6. Respondent requests in addition that Laura Ponto be present for 

deposition and for her to bring her credentials and licensing 

information. 

WHEREFORE, the respondent requests the deposition of Latonya 

Williams and Laura Ponto in Allentown, PA, the originating Jurisdiction 

. 2 of 3 
07/15/20 1 1 1:39Ph FAX 12)00 10/00 10 

and venue of the alleged violation. 

Respectfully Submitted, 

Michael B. Selig, MD, FACC. 

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