Inthe matter of 

### BEFORE THE U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS

WASHINGTON, D.C. 

# RECEIVED MAY 2 3

## 2014 HEARING DOCKET
DocketNo. 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 andEngineering Services ("AMES") hereby moves for a further order directing ComplainantFederal Aviation Administration ("FAA") to provide a full response to Respondent's Interrogatory No. 9, including both ofits subparts. By Order served May 2, 2014, YourHonor orderedthe FAA, inter alia, to fully respond to Respondent's Interrogatory No.9 by May 14,2014. See Order Granting in PartandDenying in Partthe Respondent's Motionto Compel Discovery, servedMay 2, 2014 (the "May 2"ct Order"). Subsequently, on May 14, 2014, counsel for the FAA advisedthe undersignedthathe
was unsure whetherhe would be able to provide "a complete response" to Respondent's Interrogatory No. 9 bythe due date setby Your Honor because Inspector Lipinski was out ofthe office due to a family medical emergency. See Exhibit 1. Being understanding ofthe situation
as it relatedto Inspector Lipinski, counsel for Respondent did not objectto the delay at that time. Itwas notuntil May 20,2014, however, thatthe FAAprovided any substantive response to Interrogatory No. 9 eventhough Inspector Lipinski's unavailability shouldhave hadno effect
onthe ability ofthe FAAto answer the Interrogatorywithrespect to persons consulted by or withFAA Inspectors Bobby Evans and Jack Gasche as also requestedby InterrogatoryNo. 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 YourHonor's May 

### 2"d Orderrequired. 

### 1 The FAA'sresponse consisted ofa string ofnames and abbreviated titles ofFAA officials withwhom Inspectors Lipinski, Evans and Gasche (we presume) consulted without specifying whichofthe three Inspectors consulted with which ofthe listed individuals.2 

### In addition, theresponse did not include the telephone number or business address ofthe listed individuals as requested in subpart (a) ofInterrogatory No. 9 3 

### Finally, the FAA's response did not describe in detail the substance ofeachperson's knowledge and how that knowledge was acquired as requested in subpart (b) of InterrogatoryNo. 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 FAAwas required to "fully respond to Interrogatory No. 9[,]" which includes both ofits subparts. May 

### 2"d Order at Ordering Paragraph 

### 1. For avoidance ofdoubt, Your Honor's May 

### 2"d Order specifically referencedboth

1 

### Interrogatory No. 9 asked the FAAto "Identify all persons consultedby or withInspectors Bobby Evans, Frank Lipinski and Jack Gasche, including butnot limitedto 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 suchperson: a. Identify the individual, including his or her title and affiliation, telephone number andbusiness address; and b. Describe in detail the substance ofeach suchperson's knowledge and howthat knowledge was acquired."
2 

### The FAA'sresponse also included a list ofindividuals at AMES or its sister company, CCIA, with whomthethree Inspectors consulted. Respondent is notrequesting any further information withrespect to these individuals.
3 

### AMES notes that an address for Inspector Bill Steffey was included inthe FAA's Second Response to Respondent's FirstDiscovery Requests, dated March 21, 2014. In addition, addresses for Inspectors Bobby Evans, Frank Lipinski and Jack Gasche were provided inthe FAA's Initial Disclosures, dated January 14, 2014. The FAA also stated in its March 21st Response that Inspector D'Arcy has the same locationinformation as Inspectors Lipinski and Gasche. Accordingly, AMES is not requesting that the FAA again provide addresses for these individuals inresponse to InterrogatoryNo. 9. 

### 2subpart (a) aud subpart (b) ofInterrogatory No. 9 inthe analysis ofwhythe FAAwas required to
answer the Interrogatory: "The Respondent is entitled to knowthe identity ofindividuals who may have knowledge ofthe facts pertainingto this proceeding. Interrogatory No. 9(a). For example, ifmultiple FAA inspectors viewedthe aircraft as repaired, the Respondent may wantto compare those observations for consistency. The general scope ofinformation thatthe Respondent is entitledto obtain fromthese individuals under InterrogatoryNo. 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 clearlyrequired the FAA

### to provide a full response to all of the information requested inInterrogatory No.9, including subparts (a) aud (b), butthe Complainautfailed to do so. Thus, a further order directing the FAA to provide a full response to Respondent's Interrogatory No. 9, includingboth ofits subparts, is warranted.

3

### WHEREFORE, for the reasons set forth above and consistentwiththe May 2nd 

### Order, Respondent respectfully requests the grant ofthis motionto compel counsel for Complainantto fully respond to Interrogatory No.9, including subparts (a) and (b), by (i) specifying which of thethree FAAInspectors named inthe Interrogatory 

### (i.e., Inspectors Bobby Evans, Frank Lipinski and Jack Gasche) consulted withthe individuals listed inthe FAA's May 20th response concerning the allegations against AMES, (ii) providing a telephone number andbusiness address for each ofthe individuals listed inthe FAA's May 20th response, and (iii) providing a detailed description ofthe substance ofeach such person's knowledge and howthat 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 1am 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: JeffJohnson 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 205/20/2014 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. DocketNo. FAA-2013-0291 FAA CaseNo. 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, BenjaminBuck, 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.0105/20/2014 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 ofcontents ofSection 

### C ofthe

### EIR inthi.s case.

Submitted

### this7J:YofMay, 20)4.



### CHRISTOPHER R. STEVENSON Attorney Office ofthe 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.024043055223 FAA REGIONAL COUNSEL PAGE 03104 05120/2014 09:52
File Number**20!0S02~Ul20** Section C, Page .1 

## SECTION C
- 

## Items ofProof 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 aooutN287SC's fligllts after MLG Doormaintenance 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 ofCorrection to Capital for missing bushing Inspector Statement from Capital PMI, frank Lipinski afterhis inspections of N287SC, N899AA, and N89&AA's Main Landing Gear Doors at the TOL airport on 5/25- 27/2010 Inspector Statement from InspectorCharles 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 ofthe

### AMES Left and Right 

### Hand MLG replacement work package for N898AA Copy ofthe AMES Left and Right Hand MLG replacementwork package for N287SC Copyofthe Boeing Maintenance Instructions for replacement ofthe B-727 Main**Landin~** Gearapproved for use by Capital AMM Ch 32-ll-00 Copy ofthe Boeing Maintenance Instructions for replacement/rigging ofthe 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 CorrectiveActions 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 ofthe Capital General Maimenance Manual that describe and listthe Required Inspection !terns that Capital has deemed as required whicb include the Main Lmding Gear replacement or rigging Copy ofthe Operations Specifications that authorize the Capital CAMP (Named MlP 

### by Capital which is an acroJ2ym_for Maintenance**ln~ection Pr~rarn)**  CC!py ofthe Capital MIP Vol.I. (The controlling documentfor the MlP) LOEP approval page that contains the sectioos applicable to all Volumes ofthe MIP. Copyoftoe capital MIP Vol. I Section 00-1 that shows the revision level in force at the time ofthe violation5' Copyofthe 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.0305/20/2014 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 Specsmanual part ofAMES RSQM approved by DTW fSDO 

### __]4 AMES RSQM apprm'al page by DTW FSDO PM! 35 AMES RSQM Rev andApproval 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 

## '--·----

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# ______

FOR OFFICA/_. USE ONLY 

### 201 IS0290032

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### CERTIFICATE OF SERVICE I hereby certify that on this 22nd day ofMay 2014, I causedthe 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 ofHearings, M-20 U.S. Department ofTransportation 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 ofthe Regional Counsel, ASO-7 SouthernRegion Federal Aviation Administration P.O. Box 20636 Atlanta, GA 30320 Tel: (404) 305-5200 Fax: (404) 305-5223 (one copyby facsimile and First Class Mail)