UNITED STATES DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

IN THE MATTER OF 

ICE COLD, INC. 

RECEIVED 

MAR 2 62012 

HEARING DOCKET 

FAA DOCKET NO. 2011-A WA-CPP-02588 

(Civil Penalty Proceeding) 

FDMS NO. FAA-2011-1288 

COMPLAINANT'S MOTION TO DEEM REQUESTS FOR ADMISSION ADMITTED 

AND FOR AN ORDER COMPELLING RESPONSES TO INTERROGATORIES AND 

REQUESTS FOR PRODUCTION 

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 on Respondent as well as the Hearing Docket 

and assigned law judge a documententitled "Complainant's First Set of Requests for Admission, 

Interrogatories, and Requests for Production of Documents." 

2. Complainant served the above discovery request by certified mail, return receipt 

requested. 

3. The PS Form 3811, Domestic Return Receipt, indicates receipt by Respondent on 

January 28, 2012. (See Attached Exhibit A) 

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4. Included on page I of the above discovery request is the following warning: 

BE ADVISED that 14 C.F.R. § 13.220(1)(1) states, "A party's failnre to 

respond to a request for admission, in writing and signed by the attorney or the 

party, not later than 30 days after service ofthe request, is deemed an admission 

of the truth of the statement or statements contained in the request for admission." 

5. To date Respondent has not responded in any fashion to any of the ten Requests for 

Admission or the seven Interrogatories and Requests for Production included in the above 

discovery request. 

Based on the foregoing and in accordance with§§ 13.2ll(e) and 13.220(1)(1) of the Rules of 

Practice, 14 C.F.R. Part 13, Subpart G, Respondent had until March 2, 2012, in which to respond 

to the ten Requests for Admission. Because Respondent failed to do so, Complainant is entitled 

to an Order deeming admitted each of the 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 of March 2012. 

HOWARD L. MARTIN, JR. 

Regional Counsel 

! ... :);.'1 (:' ,~ '·'') - By: //14,._),_ 

Gl~nn H. BroWn 

Senior Attorney 

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CERTIFICATE OF SERVICE 

Re: Ice Cold, Inc. 

FAA Docket No. 2011-AWA-CPP-02588 

FDMS NO. FAA-2011-1288 

I hereby certify that on this date I have served a copy of the 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, return receipt requested, to the following: 

The Honorable Richard C. Goodwin 

Office of Hearings, M-20; 

U.S. Department of Transportation 

1200 New Jersey 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 served the original and one copy of the 

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, return receipt requested 

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: ~d 2Cj :;20/:J......, 

Office of Regional Counsel 

222 West 7th Avenue, Box 14, AAL-7 

Anchorage, Alaska 99513-7587 

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