12/21/2010 8:29AM FAX 10001/0012 

Michael Selig, MD, FACC, CFI-H 

2816 0refield Road 

Allentown, PA. 18104 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

•••^-RTMENTOF 

:: ••^^>?ORTATiON 

- v.-! OPERATIONS 

Federal Aviation Administration 

Laura Ponto, Latonya Williams 

Complainants 

M & R Helicopters, LLC. 

Respondent 

Honorable Judge Ronnie Yoder 

Docket 2010-1211 

CPjbvSQOiilJ 

MOTION TO HAVE DEPOSITION OF LATONYA WILLIAMS IN THE 

ALLENTOWN. PA. LOCATION 

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

for MR Helicopters, LLC, (MRH) (non-operational since 2007) whom avers and 

files the following Reply to matters pertaining to the Deposition of Latonya 

Williams under Rule §13.225 at the U.S. District Court located at 504 W. Hamilton 

Street, Allentown, PA 18101. 

1. On December 1, 2010, respondent faxed and filed a Motion for 

Deposition of Latonya Williams to Ms Ponto, to take place at the US District Court 

in Allentown, PA. 

2. Complainants failed to respond to the motion within the 10 day 

deadline. 

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3. The complainants agreed to make available Mr Williams for 

Deposition In Mr Pontes response, received by respondent on December 20, 

2010. 

4. The nneeting place of Washington DC and times set fortli are not 

acceptable and not agreed upon by ttie respondent. 

5. The meeting place should be at the place where Ms Williams came 

to inspect and to initiate the violation which was Lehigh Valley Pa- where there 

is conveniently located the U.S. District Court located at 504 W. Hamilton Street, 

Allentown, PA 18101 just minutes away. 

6. Ms Williams standard practice is to travel to remote locations to 

perform inspections, impose Civil Penalties against Operators and comes to 

Allentown regularly; therefore it would not be an inconvenience to her to come 

once again to the Allentown area. 

7. Respondent who is a cardiologist and has a solo private practice 

should not be burdened or inconvenience for a violation that he did not initiate 

and that appears to lack legal merit. 

8. Respondent who is a cardiologist and has a solo private practice 

should not be asked to compromise his clinical responsibilities in his office or the 

hospital in a manner that would delay and compromise patient care and 

potentially pose increase liabilities to him in his role of providing his public health 

care services to the community. 

9. The Deposition should be required to be at the 504 W. Hamilton 

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Street, Allentown, PA location. 

WHEREFORE, the respondent prays that this Honorable Court will grant the 

deposition of Latonya Williams at the Allentown, PA location. 

Respectfully Submitted, 

1 ^ 

Michael B. Selig, MD, FACC. | - ^ 

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12/21/2010 8:30AM FAX 110004/0012 

Michael Selig, MD, FACC, CFI-H 

2816 0refield Road 

Allentown, PA. 18104 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

Federal Aviation Administration 

Laura Ponto, Latonya Williams 

Complainants 

M & R Helicopters, LLC. 

Respondent 

V. 

Honorable Judge Ronnie Yoder 

Docket: 2010-1211 

RESPONDENT'S REPLY TO THE MOTION TO COMPEL DISCOVERY 

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

principle for MR Helicopters, LLC, (MRH) (non-existent since 2009) whom avers 

and files the following reply to MOTION to COMPEL DISCOVERY of information 

requested of Latonya Williams and Laura Ponta, Esq. past the 30 day period 

according to Rule 13.220 (d). 

1. On December 2, 2010, respondents motion to compel discovery 

was faxed and mailed to Mr Ponto. 

2. Ms Ponto came around to answering that motion by document 

received on December 20, 2010, thereby 10 days past the deadline and in 

breach of §13.218(d). 

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3. Complainant errs In alleging that there is no outstanding discovery. 

4. Ms Williams did not provide the requested specific regulations, 

language, details, references or training with regard to her referenced specific 

regulation changes. 

5. On October 22, 2010, respondent was served with an incomplete 

investigative file which included several altered, redacted and spoliated 

documents. The unaltered documents were requested and the references 

cited concerning document and evidence withholding. 

6. On October 27, 2010, a letter was faxed and addressed to Ms Ponta 

requesting a complete copy of all the Regulations referenced in her complaint, 

inclusive of adoption dates and revision dates to confirm prior statements made 

on behalf of the parties. 

7. In the letter of October 27, 2010, respondent requested full, unaltered 

copies of documents that were produced in the incomplete investigation file, 

that were either stricken, blocked out, redacted or spoliated. 

8. In the letter of October 27, 2010, it was requested to provide the 

reference of Jordon v Department of Justice that Ms Ponto cited in her 

correspondence. 

9. In the letter of October 27, 2010, it was requested to provide the 

reference for policies on disclosure restrictions. 

10. In the letter of November 24, 2010, the above items were requested 

a second time. 

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11. The parties did not follow the standard practice pertaining to rules of 

evidence of attaching referenced documents, 

12. In violation of Rule 13.220 (d) the parties have not responded by way 

of objection or production of discovery that is now passed the 30 day deadline 

period. 

WHEREFORE, the respondent prays that this Honorable Court will either dismiss 

the case on the basis of violating Rule 13.220 (d) or compel the parities Latonya 

Williams and Lauo Ponta to produce the requested documents. 

Respectfully Submitted, 

MichaelB.Selig, MD, FACC. YV()J^ 

Date^ W 

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12/21/2010 8:30AM FAX 1)0007/0012 

Michael Selig, MD, FACC, CFI-H 

2816 0refleld Rood 

Allentown, PA. 18104 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON. D.C. 

Federal Aviation Administration 

Laura Ponto, Latonya Williams 

Complainants 

V. 

M & R Helicopters, LLC. 

Respondent 

Honorable Judge Ronnie Yoder 

Docket: 2010-1211 

RESPONDENT'S REPLY TO THE MOTION FOR JUDGMENT TO DISMISS COMPLAINT 

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

principle for MR Helicopters, LLC, (MRH) (since terminated) whom avers and files 

the following Reply to complainant's comments in regards to the MOTION for 

Judgment to the COMPLAINT. 

1. On December 4, 2010, respondent faxed and mailed to Ms Ponto a 

Motion for Judgment to Quash. 

2. Complainants failed to reply or to object to that correspondence 

within the 10 day deadline period. 

3. The sole position for the claimed violation for Mr Baker according to 

Inspector Statement lOP 9 record, was due to inability to find FAA approved 

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drug and alcohol testing program information for Flight Methods. Mr Baker was 

not employed by Flight Methods. Mr Baker at all times was employed and 

under an FAA approved drug and alcohol program through ERA Med and Air 

Methods Corporation rendering the complaint moot. 

4. Subsequently, complainants failed to respond to most all motions 

and correspondence within the rules of civil penalty and filing deadlines, and 

admitted to these breaches by Ms Dominik, when she called respondent for a 

continuance on Decembers, 2010. 

5. Complainants continued with the moving target of their allegations 

and fundamental basis of their violation: 

a. from Mr Baker not being on a drug program 

b. to not being on MRH's own program 

c. to not having authorization to perform maintenance under Air 

Methods Service Station certificate, even though he is permitted to do 

maintenance under his own AP Certificate» 

d. claiming that being on a pilots drug/alcohol program is somehow 

different from that of a mechanic, even though clearly are all safety sensitive 

functions. 

6. Contrary to Judicial Estoppels, the claim of Mr Baker not being on 

MRH's own drug program, even though no FAA officials and MRH knew about 

such regulations, that were not clearly published, was already withdrawn on 

that basis in regard to the other mechanic/IA, but complainants are now trying 

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to cobble color of low arguments to pull back in that any alleged violation in 

attempts to revalidate their violation and impairing the dignify this court. 

7. Complainants confirmed and admitted in their document that they 

did not pursue the then unchallenged allegation of Mr Baker or the 

Mechanic/IA not being on MRH's own existing program, because of 

"evidentiary reasons" and further confirmed release of that violation on all 

accounts by Mr Williams letter of September 23, 2010. 

8. Complainants are not entitled to continue their fishing expedition, 

after the fundamental premise has been cited and has been found defective. 

9. It is respondent's averment that the persistence to pursue this 

complaint with so many defects shows the complainants in true light as 

malfeasant, in abuse of discretion and process, in breach of duty and conduct. 

10. The complainants are aggressively pursuing allegations against an 

operator who: 

a. has not been in operation during most all the time of the alleged 

violation. 

b. made an informed decision and good judgment to terminate 

operations due to personal reasons relating to quality and safety of the 

operation and time constraints. 

b. against an operation that has no financial assets or property. 

c. against an operator who operated in good faith. 

d. on basis of an alleged initial violation that has been shown to be 

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defective. 

e. on the basis of a new position violation that complainants have 

already withdrawn. 

f. against an alleged violation that is time bared. 

g. citing a violation that was not cleariy disclosed, that no FAA officers 

knew about or were informed about for over 5 years, thus holding MRH to a 

higher standard than their own officers. 

h. once respondent was made aware of the change in venue of the 

regulation, he corrected the issue, even though not conducting business. 

12. The sanctions are thereby trivial, inappropriate, frivolous, and in all 

aspects, points to issues that are or have been moot. 

13. In all and best efforts for judicial economy, the case therefore 

should be dismissed to oilow the administrations seasoned efforts be properiy 

directed to other areas or high volume, large operation violation cases most 

pertinent to the public safety of our country. 

WHEREFORE, the respondent prays to this Honorable Court that the proposed 

violation (hereby time barred), consisting of a judgment against MRH, (which 

currently does not exist) and a fine of $5400 (fifty four hundred dollars) (all 

accounts have been closed) be Immediately DISMISSED. 

Respectfully Submitted, 

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12/21/2010 8:31AM FAX 10011/0012 

Michael B. Selig, MD, FACC. ^ ^ ^T" 

Date 

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12/21/2010 8:31AM FAX 110012/0012 

U.S. DEPARTMENT OF TRANSPORTATION 

Federol Aviation Administration 

Cynthia Dominik, Laura Ponto, 

Latonya Williams 

Complainants 

M & R Helicopters, LLC. 

Respondent 

V. 

Honorcbie Judge Ronnie Yoder 

Doclcet: 2010-1211 

CERTiFiCATE OF SERVICE 

I HEREBY CERTIFY that I hove this day served the foregoing entrie[s): 

MOTION TO HAVE DEPOSmON OF LATONYA WtLllAMS IN THE 

ALLENTOWN. PA. LOCATION 

RESPONDENT'S REPLY TO THE MOTION TO COMPEL DISCOVERY 

RESPONDENT'S REPLY TO THE MOTION FOR JUDGMENT TO DISMISS COMPLAINT 

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

pursuant to 28 U. S. C. § 1746 . 

Service bv first-closs mail, postage prepaid, addressed as follows: 

Federal Aviation Administration 

800 Independence Avenue, SW 

Wilbur Wright Avenue-Suite 2W1000 

Washington, D.C. 20591 

Att: Hearing Docket Clerk, AGC-430 

^ FAX 202 493 5142 

Cynthia Dominik, Esq. 

Enforcement Division/AGC-300 

Office of the Chief Counsel 

FAA 

800 independence Avenue, SW 

Washington, DC 20591 

(^AX202 267 5106 

By: 

Michael B. Selig, MD, FACC. 

28l6 0refieldRoad 

Allentown, Pa. 18104 

610 340 3953 

Date: 

f^'"^ 

The Honorable Ronnie A. Yoder 

US Department of Transportation 

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

1200 New Jersey Avenue. S,E. 

Washington, DC 20590 

£^AX 202 366 7536 

W ;^^ ' 

AO