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, • , „ :^^I^ARTMENi OF 

JEFFREYM. HARPER :OAMSPORWiON 

FAA OFFICE OF REGIONAL COUNSEL \'/]:^\:p' Ot^rRAyiONS 

1601 LrND AVENUE SOUTHIAXST "'""• ' '' ' ^• 

RENTON , WASHINGTO N 98057 ,•-. i • o D 9 i u 

TELEPHONE; (425)227-2161 ^^''^ f'**^^'^ " - ' -'^' ' ^ 

FACSIMILE: (425)227-1007 

UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

In the Matter of: 

Joseph Moesser 

FAA Case No. 2010NM720001 

DMSNo. FA.V201M286 

RENEWED MOTION FOR DECISION 

Judge Richard C. Goodwin 

To: Respondent 

COMPLAINAiNfT'S INITIAL DISCOVERY REQUEST 

In accordance with 14 Code of Federal Regulations (C.F.R.) Section 13.220 and the Federal Rules 

of Civil Procedure, please respond to the following Interrogatories, Requests for Production of 

Documents, and Request for Admissions, separately and fully under oath by March 29,2012. 

These discovery requests are intended to discover information and/or.documents not only within 

your personal loaowledge or obtainable by you, but aJso infomiation in the possession of or 

obtainable by your attorneys, investigators, representatives, employees, agents, or anyone acting on 

your behalf or on their behalf 

These discovery- requests are continuing in nature and any information which may be discovered by 

you subsequent to the semce and filing of your answers must be brought to the attention of the 

agency attorney through supplemental answers when it becomes available to you, at a reasonable 

time prior to the hearing in this matter. If there are any additions, deletions or changes in the 

answers or information provided at any time prior to hearing the Respondent is specifically 

requested to so immediately inform the agency attomey. If such information is not furnished, tlie 

agency attomey at the time of the hearing will move to exclude from evidence such information 

requested and not ftimished. 

The agency attorney further requests that the Respondent produce the documents identified and 

designated herein for inspection and copying at the Federal A\'iation Administration (FAA) Ofnce 

of Regional Counsel. Suite 570,1601 LindAvenue, Southwest, Renton, Washington 98057, byMart:h29.2012> 

Complainant's Initial Discover' Request JEFTTIEY M. HARPER, FAA ATTOW-TIY 

Joseph Moesser- 2011NM72000L FAA-201 M2S6 TEL; (425) 227-2161; FAX: (425) 227-1007 

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PRIVILEGE 

If, in responding to, or failing to respond to these Interrogatories, Requests for Admission, and 

Requests for Production you invoke or rely upon any privilege of any kind, state specifically the 

nature of the privilege; the basis Upon which you invoke, rely upon, or claim it, including any 

statutory or decisional reference; and identify all docimients or other information, including 

contacts and communications, which you believe to be embraced by the privilege invoked. 

DATED this 28th day of Februar>; 2012. 

J«OTey M. Harper 

FAA Attorney 

Complainant's Initial Discovery Request JEFFREY M. R\R?ER, FAA ATTORNEY 

Joseph Moesser-201 INM72000l.F.'VA-20ll-I2S6 TEL: (425)227-2161;FAX: (425) 227-J007 

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02/28/2012 11:27 . 4252271697 ANM7 PAGE 04/Fjg 

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INTERROGATORJES 

Interrogatory No. 1: Identify by name, address, and telephone number all persons whom you know 

to have personal knowledge of the matters alleged in the Complaint. 

Interrogatory No. 2: Identify by title, date, author present custodian; and content, all documents, 

including correspondence, obtained by you or in your possession, relating to the assertions in t]ie 

Complaint, your appeal, your answer, and any afiiimative defenses which you anticipate raising in 

this matter. See Request for Production No. \. 

Interrogatory No. 3: Identify by name, address and telephone number, all persons whom you intend 

to have testify as a factual or expert wimess in your defense at the bearing in this matter, and for 

factual wimesses, provide a detailed summary of each person's anticipated testimony. 

Interrogatory No. 4: Identify by title, date, author, present custodian, and content, all documents 

which you anticipate offering intoevidence at tlie hearing in this matter, and tlirough which wimess 

or wimesses. See Request for Production No. 2. 

Interrogatory No. 5: With respect to each expert wimess identified in response to Interrogator}' 

No. 3, specify their specific area of expertise, and provide a synopsis of tlieir credentials, 

background, training, and experience. 

InterrofiatoTy No. 6: "^^^tli respect to each expert you expect to call as a wimess, state the subject 

matter on which the expert is expected to testifS; state the substance of the facts and opinions to. 

which the expert is expected to testify', and pro\'ide summary of the groimds for each such opinion. 

Interrogatory No. 7: Describe with specificity all of the facts which you anticipate presenting in tjie 

course of the hearing in this matter pertaining to the avoidance or mitigation of the sanction sought 

by the FAA in this case. 

InterrogatorvNo. S: State by name, address, telephone number, date of conversation, and substance 

of conversation, all persons, other than legal counsel or your spouse, witli whom you have 

discussed the matters alleged in the Complaint. 

tnterrogatorv No. 9: For any of the requests for admissions below that are denied, state with 

specificity the facts that are the basis for that denial as well as the inquiries taken to detennme that 

the facts in the request for admission are not correct. See Request for Production No. 3. 

Interrojgatorv No. IQ: Describe with specificity all facts or evidence you intend to rely upon in 

support of any affinnati ve defenses raised in any Answer to the Complaint. See Request for 

Production No. 4. 

REQUESTS FOR PRODUCTION 

Request for Production No. I: Provide a copy of all documents referred to in your answer to 

Interrogatory No. 2, 

Request for Production No. 2: Provide a copy of all documents referred to in your answer to 

Interrogatory No. 4, 

Request for Production No. 3: Provide a copy of all docimients that support your answer to 

Interrogatory No- 9. 

Complainant's Initial Discovery Request JEFFREY M HARPER. FAA ATTORNEY 

Joseph Mocsser-2011NM720001.FAA-2011-1286 TEL: (425)227-2161; F.AX: (425) 227-1007 

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Request for Production No. 4: Provide a copy of all documents that support your answer to 

Interrogatory No. 10. 

Request for Production No. 5: Provide a copy of all exhibits that you intend to offer or will use 

dtiriog the hearing in this matter. 

Complainont's Initial Discover' Request JEFFRjiyM. H/J»PER.FAAATTOR.Nl;V 

Joseph Moesser-2011NM720001. FAA-20! 1-1286 TEL: (425) 227-2161; FAX: (425) 227-1007 

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REQUEST FOR ADMISSIONS 

Under 14 C.F.R. Section 13.220(b) and Rule 36 of the Federal Rules of Civil Procedure, you are 

requested to admit the tmth of the following matters. A matter is admitted unless responded to in a 

reasonable time. The Rules of Practice in FAA Civil Penalt>'Actions, 14 C.F.R. Section 13.220(d), 

defines a reasonable time to be thirty (30) days. TTie agency requests that an ansvver is served upon 

the agency attomey either admitting tlie matter, specifically denying the matter, stating why the 

matter cannot be admitted or denied, or objecting to the request, with reasons for the objection 

stated within thirty (30) days of the date of service upon you, that is, March 29, 2012. 

Request for Admission No. 1: Admit that Mr. Moesser pled guilty in the United States District 

Court for the District of Utah to violating 18 United States Code Section 1036(a)(4) in Case 

No. 2:09-cr-00S42-TS. 

Request for Admission _No_._2: Admit that an element of the offense Mr. Moesser pled guilty to in 

Case No. 2:09-cr-00842-TS was fraud or false pretenses. 

Request for Admission No. 3: Admit that the fraud or false pretense to which Mr. Moesser pled 

guilty in Case No. 2:09-cr-00842-TS was "die purposeful concealment in checked baggage of 

dangerous items he knew to be prohibited and which he expected to accompany him on the • 

aixcraft" " ' ••• 

Request.for Admission_No_._jt: Admi t that the "dangerou s items [Mr. Moesser] kne w to be • ^ 

prohibited" at questionin Case No. 2:09-cr-00842-TS w-as Hodgdon Triple Seven Pellets) .-

Request for Admission No. 5: Admit that the Material Safety Data Sheet for CCI 209M Shotshell 

Primers lists the DOT Proper Shipping Name as "Primers, Cap Type." 

Request for Admission No. 6: Admit that the Material Safety- Data Sheet for CCI 209M Shotshell 

Primers lists the Hazard Classification as" 1.4S." 

Request for Admission No. 7: .^dmit that the Material Safety Data Sheet for CCI 209M Shotshell 

Primers lists the United Nations (UN) Designation as "0044." 

Request for Admission No. 8: Admit that the U.S. Department of Transportation Research and 

Special Programs Administration has determined the proper shipping name for #209 M Shotshell 

Primers is "Primers, cap t\pe, UN0044." 

Request for Admission No. 9: Admit that the U.S. Department of Transportation Research and 

Special Programs Administration has determined the classification of #209 M Shotshell Primers is 

"1.4S.'^ 

Request for Admission-No. 10: Admit that the U.S. Department of Transportation Research and 

Special Programs Administration has deteraiined the proper shipping name for Hodgdon Triple 

Complainant's Initial Discovery Request JEFFREY M. HAPPER. FAA ATTORNEY 

Josepli MoMser-2011NM720001, F.\A-2011-1286 TEL: (425) 227-2161; FAX; (425) 227-1007 

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Seven Pellets is "Smokeless powder for small arms [ 100 pounds or less], NA3178'' when limited to 

quantities of 100 pounds or less and packed in an approved fashion. 

Request for Admission No. 11: Admit that the U.S. Department of Transportation Research and 

Special Programs Administration has detemiined the classification of Hodgdon Triple Seven Pellets 

is "4.1" when limited to quantities of 100 pounds or less and packed in an approved fashion. 

Request for Admission No. 12: Admit that approved packaging for classification of Hodgdon 

Triple Seven Pellets as "4.1" reqtiires inner packaging consisting of a plastic ammunition box with 

inner partitions or plastic mbes with securely affixed plastic end caps. 

Request for Admission No. 13: ,4drait that a shipping name of "Smokeless powder for small arms 

[ 100 pounds or less], N.A.3178" is not an ICAO approved shipping name for Hodgdon Triple Seven 

Pellet-^. (See Technical Instructions for the Safe Transport of Dangerous Goods by Air, ICAO 

Document 9284 AN/905). 

Request for Admission No. 14: Admit that a classification of "4.1" is not an ICAO approved • . 

classification for Hodgdon Triple Seven Pellets. (See Technical Instructions for the Safe Transport 

of Dangerous Goods by Air, ICAO Document 9284.AJM/905). 

Request for Admission No._l 5: Admit tliat the U.S. Department of Transportation Research and 

Special Programs Administration has detemiined the proper shipping name for Hodgdon Triple 

Seven Pellets is "Propellant, solid, UN0499." 

Request for Admission No. 16: Admit that the U.S. Department of Transportation Research and 

Special Programs Administration has determined the classification of Hodgdon Triple Seven Pellets 

is"1.3C." 

Request for Admission No. 17: Admit that Hodgdon Triple Seven Pellets are designed for use only 

m newly manufactured muzzleloading in-line rifles of 50 caliber, 54 caliber, and 45 caliber. • 

Request for Admission No. 18: Admit that a shotgim is not a muzzleloading rifle of 50, 54, or 45 

caliber. 

Request for Admission No. 19: Admit that Hodgdon Triple Seven Pellets are not for use in 

cartridges. 

Request for Admission No. 2_Q: Admit the shotshells filled witli Hodgdon Triple Seven Pellets 

would not fire if they were chambered in a shotgun and the trigger was pulled with the safet>' off. 

Request for Admission No. 21: Admit the shotshells filled CCI #209 M Shotshell primers would 

not fire if they were chambered in a shotgun gauge and the trigger was pulled with the safety off. 

Complainant's loiiiaJ Discovery- Request JEFFREY M. HARPER, F.VA. .^TTORKEV 

Joseph Moesser-2011NM720001.FAA-20n-1286 TEL: (425) 227-2161; FAX: (425) 227-1007 

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Request for Admission No. 22: Admit Mr. Moesser checked his luggage with the expectation tliat 

its final destination was Johannesbut^, South A&ica. 

Request for Admission No. 23: Admit the muzzle-loading rifle referred to in your Answer, 

Affirmative Defenses Paragraph 1.5 is incapable of firing shotshells. 

Request for Admission No. 24: Admit the 38 shotshells refilled with Hodgdon Trip Seven Pellets 

were filled with the Triple Seven Pellets prior to Mr. Moesser arri\ing at the Salt Lake City Airport. 

Request for Admission No. 25: Admit the 2 shotshells refilled with CCI 209M Primers were filled 

with the primers prior to Mr. Moesser arriving at the Salt Lake City Airport. 

Request for Admission_No..26: Admit the 38 shotshells refilled with Hodgdon Trip Seven Pellets 

were used as a concealment device to transport the Hodgdon Triple Seven Pellets. 

Request for Admlssipn_Np...27: Admit the 2 shotshells refilled with CCI 209M Primers were used 

as a concealment device to transport the primers. 

Complabant'sInitijJ Discovery Request JEFFREY M. HARPER, F.-VA ATTOILVEY 

Joseph Moc9scr-2pnNM72000I. FAA-201 M2g6 TEL: (425)227-2161; FAX: (425)227-1007 

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CERTIFICA-re OF SERVICE 

I hereby certify that Uie foregoing Complainant's Initial Discover>' Request has been ser\'ed via 

facsimile and Certified Mail - Return Receipt Requested this date, to the following: 

Honorable Richard C. Goodwin 

Office of Hearings, M-20 

] 200 New Jersey Avenue. S.E. 

Washington, D.C. 20590' 

FAX: (202) 366-7536 

Attn: Hearing Docket Clerk. AGC-430 

Wilbur Wri^t Building - Suite 2W1000 

Federal Aviation Administration 

800 Independence Avenue SW 

Washington, DC 20591 

FAX: (202)493-5020 

Gregory Q Skordas 

SKORDAS, CASTON & HYDE. LLC 

341 South Main Street. Suite 303 . 

SaltLakeCitv. UT84in 

FAX: (801) 531-8885 

DATED this 28th day of Feb^ua^>^ 2012. 

MOIFAIR CHIN" ^ 

Office of Regional Coimsel (ANM-7) 

Federal Aviation Administration 

1601 Lind Ave. SW 

Renton^WA 98057 

(425)227-2160 

Complainant*.*! Initial Oipcovco' Rtx^ucst JEITHEY M PIARPER. FAA ATTORKEY 

Joseph Moesser- 2011NM72000I. FA,A-20n-1286 TEL: (425) 227-2161; FAX: (425) 227-1007 

Page 8 of 8