UNITED STATES DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS

WASHINGTON, D.C.

IN THE MATTER OF

ICE COLD, INC. 

# RECEIVED MAR 262012 

# HEARING DOCKET FAADOCKETNO. 2011-A WA-CPP-02588 (Civil Penalty Proceeding) FDMS NO. FAA-2011-1288

COMPLAINANT'S MOTION TO DEEM REQUESTS FORADMISSION ADMITTED AND FOR AN ORDER COMPELLING RESPONSES TO INTERROGATORIES AND REQUESTS FORPRODUCTION
The Complainant moves for an order deeming admitted the Requests for Admission served
on Respondent on January 27, 2012. Further, the Complaint moves for an Order compelling Respondent to fully and completely respond to the Interrogatories and Requests for Production also served on Respondent on January 27, 2012. These motions are based on the following: 1. On January 27, 2012, Complainant served onRespondent as well as the Hearing Docket and assigned lawjudge a documententitled "Complainant's First Set ofRequests for Admission, Interrogatories, and Requests for Production ofDocuments." 2. Complainant servedthe above discovery requestby certified mail, return receipt requested. 3. The PS Form 3811, Domestic Return Receipt, indicates receiptby Respondent on January 28, 2012. (See Attached Exhibit A)

14. Included on page I ofthe above discovery request is the following warning: BE ADVISED that 14 C.F.R. § 13.220(1)(1) states, "Aparty's failnre to respond to a request for admission, in writing and signed by the attorney orthe party, not later than 30 days after service oftherequest, is deemed an admission ofthe truth ofthe statement or statements contained in the request for admission." 5. To date Respondent has notresponded in any fashion to any ofthe ten Requests for Admission or the seven Interrogatories and Requests for Production included in the above discovery request. Based onthe foregoing and in accordance with§§ 13.2ll(e) and 13.220(1)(1) ofthe Rules of Practice, 14 C.F.R. Part 13, Subpart G, Respondenthaduntil March 2, 2012, inwhichto respond to the ten Requests for Admission. Because Respondentfailed to do so, Complainant is entitled to an Order deeming admitted each ofthe ten Requests for Admission. Also based on the foregoing, Complainant is entitled to an Order compelling Respondent to fully and completely respond to the Interrogatories and Requests for Production. Respectfully submitted this 201 h day ofMarch 2012. HOWARD L. MARTIN, JR. Regional Counsel
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## //14,._),_**Gl~nn** H. BroWn Senior Attorney

2CERTIFICATE OF SERVICE
Re: Ice Cold, Inc. FAA DocketNo. 2011-AWA-CPP-02588 FDMS NO. FAA-2011-1288 I hereby certifythat onthis date I have served a copy ofthe COMPLAINANT'S MOTION TO DEEM REQUESTS FOR ADMISSION ADMITTED AND FORAN ORDER COMPELLING RESPONSES TO INTERROGATORIES AND REQUESTS FOR PRODUCTION by postage-prepaid, certified mail, returnreceipt requested, to the following: The Honorable Richard C. Goodwin Office ofHearings, M-20; U.S. Department ofTransportation 1200 NewJersey Avenue, S.E. Washington, DC 20590 Jim Wolgemuth, President Ice Cold, Inc., Respondent 2020 Belmont Drive Anchorage, AK 99517 I further certify that on this date I have servedthe original and one copy ofthe COMPLAINANT'S MOTION TO DEEM REQUESTS FOR ADMISSION ADMITTED AND FOR AN ORDER COMPELLING RESPONSES TO INTERROGATORIES AND REQUESTS FOR PRODUCTION by postage-prepaid, certified mail, returnreceiptrequested and facsimile, addressed as follows: Federal Aviation Administration 800 Independence Avenue, S.W. Washington, DC 20591 Attention: Hearing Docket Clerk, AGC-430 Wilbur Wright Building-Suite 2W1000 DATED:

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Office ofRegional Counsel 222 West 7th Avenue, Box 14, AAL-7 Anchorage, Alaska 99513-7587

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