In the matter of 

BEFORE THE 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

RECEIVED 

MAY 2 3 2014 

HEARING DOCKET 

Docket No. FAA-2013-0291 

FAA Case No. 2011S0290032 

AIRBORNE MAINTENANCE AND 

ENGINEERING SERVICES 

Respondent 

Administrative Law Judge 

J.E. Sullivan 

RESPONDENT'S MOTION TO COMPEL 

Respondent Airborne Maintenance and Engineering Services ("AMES") hereby moves 

for a further order directing Complainant Federal Aviation Administration ("FAA") to provide a 

full response to Respondent's Interrogatory No. 9, including both of its subparts. 

By Order served May 2, 2014, Your Honor ordered the FAA, inter alia, to fully respond 

to Respondent's Interrogatory No.9 by May 14,2014. See Order Granting in Part and Denying 

in Part the Respondent's Motion to Compel Discovery, served May 2, 2014 (the "May 2"ct 

Order"). Subsequently, on May 14, 2014, counsel for the FAA advised the undersigned that he 

was unsure whether he would be able to provide "a complete response" to Respondent's 

Interrogatory No. 9 by the due date set by Your Honor because Inspector Lipinski was out of the 

office due to a family medical emergency. See Exhibit 1. Being understanding ofthe situation 

as it related to Inspector Lipinski, counsel for Respondent did not object to the delay at that time. 

It was not until May 20,2014, however, that the FAA provided any substantive response 

to Interrogatory No. 9 even though Inspector Lipinski's unavailability should have had no effect 

on the ability of the FAA to answer the Interrogatory with respect to persons consulted by or 

with FAA Inspectors Bobby Evans and Jack Gasche as also requested by Interrogatory No. 9. 

1 
Further, despite the six day delay, the FAA's May 201

h response still failed to fully 

respond to Interrogatory No. 9 as Your Honor's May 2"d Order required.1 The FAA's response 

consisted of a string of names and abbreviated titles ofF AA officials with whom Inspectors 

Lipinski, Evans and Gasche (we presume) consulted without specifying which ofthe three 

Inspectors consulted with which of the listed individuals.2 In addition, the response did not 

include the telephone number or business address of the listed individuals as requested in subpart 

(a) of Interrogatory No. 93 Finally, the FAA's response did not describe in detail the substance 

of each person's knowledge and how that knowledge was acquired as requested in subpart (b) of 

Interrogatory No. 9. See FAA's Third Response to Respondent's First Discovery Requests, 

dated May 20,2014, attached hereto as Exhibit 2. 

Your Honor's May 2"d Order was very clear. The FAA was required to "fully respond to 

Interrogatory No. 9[,]" which includes both of its subparts. May 2"d Order at Ordering 

Paragraph 1. For avoidance of doubt, Your Honor's May 2"d Order specifically referenced both 

1 Interrogatory No. 9 asked the FAA to "Identify all persons consulted by or with Inspectors 

Bobby Evans, Frank Lipinski and Jack Gasche, including but not limited to other FAA 

Inspectors (e.g., Inspectors assigned to or who surveilled AMES) concerning the allegations 

against AMES as set forth in the Complaint. For each such person: a. Identify the individual, 

including his or her title and affiliation, telephone number and business address; and b. Describe 

in detail the substance of each such person's knowledge and how that knowledge was acquired." 

2 The FAA's response also included a list of individuals at AMES or its sister company, CCIA, 

with whom the three Inspectors consulted. Respondent is not requesting any further information 

with respect to these individuals. 

3 AMES notes that an address for Inspector Bill Steffey was included in the FAA's Second 

Response to Respondent's First Discovery Requests, dated March 21, 2014. In addition, 

addresses for Inspectors Bobby Evans, Frank Lipinski and Jack Gasche were provided in the 

FAA's Initial Disclosures, dated January 14, 2014. The FAA also stated in its March 21st 

Response that Inspector D' Arcy has the same location information as Inspectors Lipinski and 

Gasche. Accordingly, AMES is not requesting that the FAA again provide addresses for these 

individuals in response to Interrogatory No. 9. 

2 
subpart (a) aud subpart (b) of Interrogatory No. 9 in the analysis of why the FAA was required to 

answer the Interrogatory: 

"The Respondent is entitled to know the identity of individuals who may 

have knowledge of the facts pertaining to this proceeding. Interrogatory No. 9(a). 

For example, if multiple FAA inspectors viewed the aircraft as repaired, the 

Respondent may want to compare those observations for consistency. 

The general scope of information that the Respondent is entitled to obtain 

from these individuals under Interrogatory No. 9(b) is also discoverable. The 

FAA should answer Respondent's Interrogatory No. 9." 

May 2"d Order at page 8 of 10 (emphasis added). 

Your Honor's May 2"d Order clearly required the FAA to provide a full response to all of 

the information requested in Interrogatory No.9, including subparts (a) aud (b), but the 

Complainaut failed to do so. Thus, a further order directing the FAA to provide a full response 

to Respondent's Interrogatory No. 9, including both of its subparts, is warranted. 

3 
WHEREFORE, for the reasons set forth above and consistent with the May 2nd Order, 

Respondent respectfully requests the grant of this motion to compel counsel for Complainant to 

fully respond to Interrogatory No.9, including subparts (a) and (b), by (i) specifying which of 

the three FAA Inspectors named in the Interrogatory (i.e., Inspectors Bobby Evans, Frank 

Lipinski and Jack Gasche) consulted with the individuals listed in the FAA's May 20th response 

concerning the allegations against AMES, (ii) providing a telephone number and business 

address for each of the individuals listed in the FAA's May 20th response, and (iii) providing a 

detailed description of the substance of each such person's knowledge and how that knowledge 

was acquired. 

Dated: May 22, 2014 

Respectfully submitted, 

SILVERBERG, GOLDMAN & BIKOFF, L.L.P. 

Attorneys for 

AIRBORNE MAINTENANCE AND 

ENGINEERING SERVICES 

By ~+.{ 1~(-"1 

4 

1101 30th Street, N.W. 

Suite 120 

Washington, D.C. 20007 

Tel: (202) 944-3304 

Fax: (202) 944-3306 

Email: rsilverberg@sgbdc.com 
Exhibit 1 
Robert Silverberg 

From: 

Sent: 

To: 

Chris.Stevenson@faa.gov 

Wednesday, May 14, 2014 9:30AM 

Robert Silverberg 

Subject: Re: FW: FW: AMES 

Bob, 

That should be fine. 

Also, Inspector Lipinski has not been in the office due to a family medical emergency. I am letting you know because 1 am 

unsure whether I will be able to confer with him to ensure that you get a complete response today regarding your 

Interrogatory #9, which concerned which persons he and two other inspectors had consulted with concerning the 

allegations in this case. This will not affect the privilege index submission that is due today. To the best of my knowledge, 

it also should not affect the depositions scheduled for next week. I will let you know immediately if I find out that it might. 

Christopher Stevenson 

Attorney 

Office of Regional Counsel 

FAA Southern Region 

(404) 305-5200 

F'rom Robert Silverberg <rsilverberg@sgbdc.com> 

AS0-007, Office of Regional Counsel 

To: Chris Stevenson/ASO/FAA@FAA, 

Cc: Jeff Johnson <jjohnson@sgbdc.com> 

Date: 05/13/2014 03:46PM 

Subject FW: FW: AMES 

Chris, 

Attached is a draft motion structured as described below. Please add your comments or suggested edits and send it back 

to me. We will see that it gets filed promptly. 

Regards. 

Bob Silverberg 

From: Robert Silverberg 

Sent: Friday, May 09, 2014 4:33 PM 

To: 'Chris.Stevenson@faa.gov' 

Cc: Jeff Johnson 

Subject: RE: FW: AMES 

Chris: 

I left you a voicemail message earlier today to discuss the litigation schedule in the AMES matter. 

As I mentioned in my last email, I anticipate that opposing counsel in my Federal District Court case will be filing a motion 

to continue the June 17, 2014 trial date. Given the need to adjust the upcoming discovery deadlines in our case and the 

fact that there is a chance that I may now be available for depositions in June, I propose that we ask Judge Sullivan to 

1 
Exhibit 2 
05/20/2014 09:52 4043055223 FAA REGIONAL COUNSEL 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

FEDERAL AVIATION ADMINISTRATION 

FEDERAL AVIATION ADMINISTRATION, 

Complainant, 

vs. 

AIRBORNE MAINTENANCE AND 

ENGINEERING SERVICES, 

Respondent. 

Docket No. FAA-2013-0291 

FAA Case No. 201180290032 

Judge Sullivan 

THIRD RESPONSE TO RESPONDENT'S FIRST DISCOVERY REQUESTS 

The FAA hereby supplements its prior discovery responses as follows: 

PAGE 01/04 

Interrogatory #9: Judge Sullivan .indicated that Respondent was entitled to know the names of 

the individuals consulted in some manner by the Aviation Safety Inspectors referenced. Pertinent 

individuals in the FAA are: ASI Alan J. Wilkinson, ASI Billy R. Steffey, ASI Richard D' Atcy, 

AS! Roy Miller, FLM Lenoatd Beers, ASI Bobby Evans, FLM Bryan Bazemore, FLM Robert 

Dom, FLM Ellen Tom, ASI Steven Sandmann, ASI Michael Dziurgalski, and AS! David 

Melleby. Pertinent individuals outside the FAA (all associated with Respondent or its sister 

company, CCIA) are: Randy Boul, Benjamin Buck, Michael Loehlein, Charles Werking, Dellllis 

Manabusan, James Savastano, John Lippincott, Steven. Santangelo, Brady Templeton, Jeffrey 

Becker, and Chris Brown. 

~lA'r-20-2014 11' 30 4043055223 97% P.01 
05/20/2014 09:52 4043055223 FAA REGIONAL COUNSEL PAGE 02/04 

Requests for Production: As indicated in the FAA's privilege log, enclosed please fi.nd an 

unredacted copy ofthe table of contents of Section C of the EIR in thi.s case. 

Submitted this7J:Y of May, 20)4. 

CHRISTOPHER R. STEVENSON 

Attorney 

Office of the Regional Counsel 

CERTIFJCATE OF SERVICE 

l hereby certify that the foregoing FAA's Third Response to Respondent's First Discovery 

Requests was sent: 

one copy via certified mail. and facsimile to: 

Robert P. Silverberg, Esq. 

1101 30th Street, NW, Suite 120 

Washington, D.C. 20007 

Facsimile: (202) 944-3306 

MAY 2. 0 20_1.4J 

Dated 

MRY-20-2014 11=31 4043055223 98% P.02 
4043055223 FAA REGIONAL COUNSEL PAGE 03104 

05120/2014 09:52 

File Number 20!0S02~Ul20 Section C, Page .1 

SECTION C - Items of Proof 

Index 

lOP# 

J 

2 

3 

4 

5 

6 

7 

8 

9 

10 

II 

12 

13 

14 

15 

16 

!7 

1 B 

19 

20 

21 

22 

23 

24 

25 

26 

27 

28 

29 

30 

31 

Description 

Capital Service Difficulty Report submitted for N287SC's Emergency Air retum 

Email from the Capital DOM aoout N287SC's fligllts after MLG Door maintenance 

Documents 

Occurrence Report from the CVG ATC branch forN287SC's Emergency Air Return 

Email communication to PM! from Inspector Evans about missing bushing 

Inspector Evans LOI sent to Capital 

Capital LOJ response to Inspector Evans 

Inspector Evans Letter of Correction to Capital for missing bushing 

Inspector Statement from Capital PMI, frank Lipinski after his inspections of N287SC, 

N899AA, and N89&AA 's Main Landing Gear Doors at the TOL airport on 5/25-

27/2010 

Inspector Statement from Inspector Charles Gaschc who assisted in the inspections of 

the aircraft Main landing Gear Doors 

Copy oftbe AMES .Left and Right Hand MLG replacement work package for N899AA 

Copy of the AMES Left and Right Hand MLG replacement work package for N898AA 

Copy of the AMES Left and Right Hand MLG replacement work package for N287SC 

Copy of the Boeing Maintenance Instructions for replacement of the B-727 Main 

Landin~ Gear approved for use by Capital AMM Ch 32-ll-00 

Copy of the Boeing Maintenance Instructions for replacement/rigging of the B-727 

Main Landing_ Gear Doors approved for use by Capital, AMM Ch 32-12-11 

Letter oflnvestigation sent to Capital in regards to the PMI's findings at TOL 

Capital response to the LOI sent to the Capital PM! 

Capital AFML page for N287SC Emergency landing 

LOI sent to AMES from Capital PMI 

AMES LOI response to Capital .PMI 

AT! Gear Repair Station 8130-3 for N287SC RMLG 

Capital Corrective Action R"E_orts generated to AMES for Doofs issues 

AMES Train.ing Module 

AMES task cards 

AMES Corrective Actions Work package for N899AA for improper maintenance 

AMES Corrective Actions Work package for N898AA for improper maintenance 

AMES Corrective Actions Work package for N287SC for improper maintenance 

Copy of the Capital General Maimenance Manual that describe and list the Required 

Inspection !terns that Capital has deemed as required whicb include the Main Lmding 

Gear replacement or rigging 

Copy of the Operations Specifications that authorize the Capital CAMP (Named MlP by 

Capital which is an acroJ2ym_ for Maintenance ln~ection Pr~rarn) 

CC!py of the Capital MIP Vol. I. (The controlling document for the MlP) LOEP approval 

page that contains the sectioos applicable to all Volumes of the MIP. 

Copy of toe capital MIP Vol. I Section 00-1 that shows the revision level in force at the 

time of the violation5' 

Copy of the MIP Vol. I Sectio~ 0 !-2 that describes and requires the RIJ requirements of 

the GMM (Para, D) and the requireme11t to usc the Boeing Aircraft Maintenance Manual 

for all maintenance actions (Para. E) 

FOR OfFtCAL USE ONLY 

2011 S0290032 

MRY-20-2014 11=31 4043055223 98% P.03 
05/20/2014 09:52 4043055223 FAA REGIONAL COUNSEL PAGE 04/04 

File Number 2009802~\!152 Section C, Page I 

32 AMES Ops Specs issued by the DTW FSDO 

33 AMES Ops Specs manual part of AMES RSQM approved by DTW fSDO 

__]4 AMES RSQM apprm'al page by DTW FSDO PM! 

35 AMES RSQM Rev and Approval procedures section ,. 

36 AMES RSQM lntro section 

AMES RSQM Organization s~ction 

.,,.., ___ 37 

38 AMES RSQM Training section ,., .. 39 AMES RSQM Per>un~el section ' 40 AMES Repair Station Policies section '--·----

MAY-20-2014 11'31 

___ , ______ 

FOR OFFICA/_. USE ONLY 

201 I S0290032 

4043055223 

-

98% 

----

-

P.04 
CERTIFICATE OF SERVICE 

I hereby certify that on this 22nd day of May 2014, I caused the foregoing Repondent's 

Motion to Compel to be served upon the following: 

Federal Aviation Administration 

600 Independence Avenue, S.W. 

Wilbur Wright Building 

Suite 2Wl000 

Washington, D.C. 20591 

(Attention: Hearing Docket Clerk, AGC-430) 

Tel: (202) 385-8227 

(original and one copy by FedEx overnight delivery) 

The Hon. J.E. Sullivan 

Administrative Law Judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

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

Washington, D.C. 20590 

Tel: (202) 366-2132 

Fax: (202) 366-7536 

(one copy by facsimile and First Class Mail) 

Christopher R. Stevenson, Attorney 

Office of the Regional Counsel, ASO-7 

Southern Region 

Federal Aviation Administration 

P.O. Box 20636 

Atlanta, GA 30320 

Tel: (404) 305-5200 

Fax: ( 404) 305-5223 

(one copy by facsimile and First Class Mail)