IN THE MATTER OF:U.S. DEPARU1ENT OF TRANSPORTATION OFFICE OF HEARINGS WASHINGTON, DC 

## SEP 06 2016 

## lNG DOCKET

FAA Case No. 2014WP910016 FDMS NO. FAA-2014-0691 Law Judge: Douglas M. Rawald OFFSHORE FLIGHT SCHOOL, INC. Respondent. ) ) ) ) ) ) ) ) MOTION TO COMPEL DISCOVERY Pursuantto 14 C.F.R. 

### § 13.220(m), Complainant files this Motion to Compel Discovery. OnJuly 26, 2016, Complainant served onRespondent a request for discovery, requesting thatthe responses to the discovery requestbe received by August 25,2016. (Attachment A). OnAugust 30,2016, Counsel for Complainant emailed Counsel for Respondent to determine the whereabouts ofthe discovery responses. To date, no discovery response from Respondenthas been



### iecbi~ed by Complainant. 14 C.F.R. 

### § 13.220(m:} aUth'otizes a partyto maike a mQtiont?;llo.mpeLqis!;'9very ifa 1 person refuses

# to picid\ke'docUments orta!'lgibleitemsin res;ponse.fo,



### a,pJ~cqyery ,req.vest. To ' - . 

### ·.

- ·-· date, Respondent has refused to produce documents or.tangible items inresponse to Complainant's discovery request that was served on Respondent in July. The items Complainanthas soughtthrough discovery are reasonable and relate directly to the matters to be resolved in this proceeding. Respondent's

**r~sponses** totheJuly 26, 2016, request for discovery are a•:oeded as soon as possible 

### so that Complainantca'1 

### fairly preparefor the hearing in this matterand ad!iete to the 

### schedllle that was agreed upon in ac.c.ordance with the Scheduling Order. ·

•'\ i'WHEREFORE, Complainantrespectfully requests thatthe Administrative Law Judge grant Complainant's motion and issue an order compelling Respondentto provide a response to Complainant's discovery request by no later than September 14, 2016.

Patricia A. McNall Acting Assistant ChiefCounsel for Enforcement

BY: Charles Raley, SeniorAttorney EnforcementDivision, AGC-300 Office ofthe ChiefCounsel Telephone: (310) 725-7108 Facsimile: (310) 725-7132 2.CERTIFICATE OF SERVICE l hereby certify that on this date I served one (1) copy ofthe foregoing Administrator's Motion to Compel In the Matter ofOffshore Flight School, Inc., FDMS NO. FAA-2014-0691, by Certified mail- Return-Receipt Requested and by facsimile, to: The Honorable Douglas M. Rawald Administrative LawJudge Office ofHearings, M-20 U.S. Department ofTransportadon 1200 NewJersey Avenue, S.E. (E11-310) Washington, DC 20590 Fax: 202-366-7536 Inaddition, I hereby certify that on this date I sent the original and one (1) copy by Certified mail -Return-ReceiptRequested, to: Federal Aviation Administration 800 Independence Avenue, S.W. Washington, D.C. 20591 Attn: Hearing Docket Clerk, AGC-430 Wilbur Wright Building- Suite 2W1000 In addition, I hereby certify that on this 

### date I sent one (1) copy by Certified mail- ReturnReceipt Requested and by facsimile, 

### to: David Glenn Bettencourt, Esq. Suite 304 Dillingham Transportation Building 735 Bishop Street Honolulu, ID 96813 Fax: 808-521-3494

" ntonia Garcia, Paralegal EnforcementDivision, Western Team Lawndale, CA 90261 Date: September 1, 2016**ATTACHMENT~**

### UNITED STATES OFAMERICA NATIONAL TRANSPORTATION SAFETY BOARD WASHINGTON, D. C.

IN THE MATTER OF: OFFSHORE FLIGHT SCHOOL, INC. Respondent. ) ) ) ) ) ) ) ) FAA Case No. 2014WP910016 FDMS NO. FAA-2014-0691 Law Judge: Douglas M. Rawald



### ADMINISTRATOR'S FIRST REOUEST FORDISCOVERY Pursuant to 14 C.F.R. 

### § 13.220, the Complainant hereby requests that Respondent, within 30 days after service ofthis request, provide to undersigned counsel for the Complainant the information requested in this disccvery request as described below. Specifically, the requested information should be sent by facsimiie or other expedited means to: Charles italey, Senior Attorney, Enforcement Division, AGC-300, Office ofthe ChiefCounsel, P.O. Box 92007, Los Angeles, CA 90009-2007, facsimile (310) 725-6816, so that it is received by undersigned counsel no laterthan August25, 2016. This discovery is a continuing requestpursuant to 14 C.F.R. 

### § 13.220(i), throughthe date ofthe hearing in this matter, for Respondentto supplement or amend his answers and produce documents ifnew or different information ornew or different documents are obtained during the pendency ofthis matter. Forpurposes ofthe Requests for Admission, Int<Orrogatories and Requests for Production ofDocuments, the use of"you" and "your" refers to Respondent, Respondent's agents, Respondent's attorneys, and any otherperson(s) acting orpurporting to act for or on behalfof Respondent.INTERROGATORIES In accordance with Rule 33 ofthe Federal Rules 

### ufCivil Procedure, each interrogatory contained below must, to the extent it is not objected to, be answered separately and fully in writing unde;: oath. The grounds for objecting to an interrcgatory mustbe stated with specificity. All answers must be signedby the person who makes the answers. 

### 1. Identify each and every person you intendto call as a witness in this proceeding, by providing the person's name, occupation, business address, and phone number. 2. For each witness identified in response to Interrogatory 

### 1, identify the nature ofthe testimony to b:; provided (i.e., factual witness orexpert witness) and summarize the substance ofthe testimony to beprovided. 

### 3. For each person identified as an expert in Interrogatory No.2, provide a statement ofthe substance ofthe facts and opinions to which the witness is expectedto testify; a narrative summary ofthe grounds for each opinion to which the witness will testify; and detail the expertise possessedby each expert witness in the subject matter area on which the witness will opine. 4. List all exhibits you intend to use atthe hearing in this case. 

### 5. Identify any and all documents in your possession that concern, referto, orinvolve the circumsffi:1ces setforth in the Administrator's Final Notice ofProposed Civil Penalty, which serves as the Complaintinthis proceeding. 6. Describe with particularity each and every fact on whichyou rely to support each and every denial contained in your Answer to the Complaint in this case that you filed on October 

### 30,2014.

### 7. Describe with particularity each and every fact on which you rely to support each and every affirmative defense, ifany, contained in your Answer to the Complaint in this case that you filed on October 30,2014. 8. Describe with particularity each and every fact on which you rely to support each and every denial contained in your answers to the Requests for Admission contained above. REQUESTS FOR PRODUCTION OF DOCUMENTS 

### In accordance with Rule 34 ofthe Federal Rules ofCivil Procedure, please pr:wide the following documents to the undersigned counsel: I. Copies**~f**

### each and every document that you intend to introduce as**eviden~e** 

### in this case. 2. Copies ofany statements made by witnesses identified in the preceding Interrogatories concerning, referring to, or involving the circumstances set forth in the Complaint. 3. A current copy ofthe curriculum vitae for each expert identified in response to the preceding Interrogatories. 4. Copies ofall documents that support**~B1ch** 

### and every denial, ifany, contained in your Answer to the Complaint in this case. 5. Copies ofail documents that support each and every affirmative defense, ifany, contained in yourAnswerto the Complaint in this case. 6. Copies ofall documents that support each and every denial, ifany, contained in your answers to the Requests for Adm:ssion contained above.

(Signature Page Fo!lows}Respectfully submitted, 

# c;Q_

====- Charles Raley Senior Attorney Enforcement Division, AGC-300 Office ofthe ChiefCounsel P.O. Box 92007 Los Angeles, CA 90009-2007 Facsimile (310) 725-6816 Date: July 26, 2016CERTIFICATE OF SERVICE I hereby certify that on this date I served one (1) copy ofthe foregoing Discovery Request In the Matter 9fOffshore Flight School. Inc., FDMS NO. FAA-2014-0691, by Certified mail- ReturnReceipt Requested and by facsimile, to: The Honorable Douglas M. Rawald Administrative Law Judge Office ofHearings, M-20 U.S. Department ofTransportation 1200 New Jersey Avenue, S.E. (Ell-310) Washington, DC 20590 Fax: 202-366-7536 In addition, I hereby certify that on this date I sentthe original and one (I) copy by Certified mail

- Return-Receipt Requested, to: Federal Aviation Administration 800 Independence Avenue, S.W. Washington, D.C. 20591 Attn: Hearing Docket Clerk, AGC-430 Wilbur Wright Building- Suite 2Wl000 In addition, I hereby certify that onthis date I sent one (I) copy by Certified mail- ReturnReceipt Requested and by facsimile, to: David Glenn Bettencourt, Esq. Suite 304 Di!liilgha:m Transportation Building 735 Bishop Street Honolulu, 

## m 96813 Fax: 80&-521-3494

Date: July 26, 2016