IN THE MATTER OF: 

U.S. DEPARU1ENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, DC 

SEP 0 6 2016 

lNG DOCKET 

FAA Case No. 2014WP910016 

FDMS NO. FAA-2014-0691 

Law Judge: Douglas M. Rawald 

OFFSHORE FLIGHT SCHOOL, INC. 

Respondent. 

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MOTION TO COMPEL DISCOVERY 

Pursuant to 14 C.F .R. § 13.220(m), Complainant files this Motion to Compel Discovery. 

On July 26, 2016, Complainant served on Respondent a request for discovery, requesting that the 

responses to the discovery request be received by August 25,2016. (Attachment A). On August 

30,2016, Counsel for Complainant emailed Counsel for Respondent to determine the 

whereabouts of the discovery responses. To date, no discovery response from Respondent has 

been iecbi~ed by Complainant. 

14 C.F .R. § 13 .220(m:} aUth'otizes a party to maike a mQtion t?;llo.mpeLqis!;'9very if a 1 

person refuses to picid\ke'docUments or ta!'lgible items in res;ponse.fo, a,pJ~cqyery ,req.vest. To ' - . ·. - ·-· 

date, Respondent has refused to produce documents or .tangible items in response to 

Complainant's discovery request that was served on Respondent in July. 

The items Complainant has sought through discovery are reasonable and relate directly to 

the matters to be resolved in this proceeding. Respondent's r~sponses to the July 26, 2016, 

request for discovery are a•:oeded as soon as possible so that Complainantca'1 fairly prepare for 

the hearing in this matterand ad!iete to the schedllle that was agreed upon in ac.c.ordance with the 

Scheduling Order. · 

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WHEREFORE, Complainant respectfully requests that the Administrative Law Judge 

grant Complainant's motion and issue an order compelling Respondent to provide a response to 

Complainant's discovery request by no later than September 14, 2016. 

Patricia A. McNall 

Acting Assistant Chief Counsel for Enforcement 

BY: 

Charles Raley, Senior Attorney 

Enforcement Division, AGC-300 

Office of the Chief Counsel 

Telephone: (310) 725-7108 

Facsimile: (310) 725-7132 

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CERTIFICATE OF SERVICE 

l hereby certify that on this date I served one (1) copy of the foregoing Administrator's Motion 

to Compel In the Matter of Offshore Flight School, Inc., FDMS NO. FAA-2014-0691, by 

Certified mail- Return-Receipt Requested and by facsimile, to: 

The Honorable Douglas M. Rawald 

Administrative Law Judge 

Office of Hearings, M-20 

U.S. Department ofTransportadon 

1200 New Jersey Avenue, S.E. (E11-310) 

Washington, DC 20590 

Fax: 202-366-7536 

In addition, I hereby certify that on this date I sent the original and one (1) 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 2W1 000 

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 

Enforcement Division, Western Team 

Lawndale, CA 90261 

Date: September 1, 2016 
ATTACHMENT~ 
UNITED STATES OF AMERICA 

NATIONAL TRANSPORTATION SAFETY BOARD 

WASHINGTON, D. C. 

IN THE MATTER OF: 

OFFSHORE FLIGHT SCHOOL, INC. 

Respondent. 

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FAA Case No. 2014WP910016 

FDMS NO. FAA-2014-0691 

Law Judge: Douglas M. Rawald 

ADMINISTRATOR'S FIRST REOUEST FOR DISCOVERY 

Pursuant to 14 C.F.R. § 13.220, the Complainant hereby requests that Respondent, within 

30 days after service of this 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 of the Chief Counsel, P.O. Box 92007, Los 

Angeles, CA 90009-2007, facsimile (310) 725-6816, so that it is received by undersigned 

counsel no later than August 25, 2016. 

This discovery is a continuing request pursuant to 14 C.F .R. § 13 .220(i), through the date 

of the hearing in this matter, for Respondent to supplement or amend his answers and produce 

documents if new or different information or new or different documents are obtained during the 

pendency of this matter. 

For purposes of the Requests for Admission, Int<Orrogatories and Requests for Production 

of Documents, the use of "you" and "your" refers to Respondent, Respondent's agents, 

Respondent's attorneys, and any other person(s) acting or purporting to act for or on behalf of 

Respondent. 
INTERROGATORIES 

In accordance with Rule 33 of the Federal Rules uf Civil 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 must be stated with specificity. 

All answers must be signed by the person who makes the answers. 

1. Identify each and every person you intend to 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 of the 

testimony to b:; provided (i.e., factual witness or expert witness) and summarize the 

substance of the testimony to be provided. 

3. For each person identified as an expert in Interrogatory No.2, provide a statement of the 

substance of the facts and opinions to which the witness is expected to testify; a narrative 

summary of the grounds for each opinion to which the witness will testify; and detail the 

expertise possessed by each expert witness in the subject matter area on which the 

witness will opine. 

4. List all exhibits you intend to use at the hearing in this case. 

5. Identify any and all documents in your possession that concern, refer to, or involve the 

circumsffi:1ces set forth in the Administrator's Final Notice of Proposed Civil Penalty, 

which serves as the Complaint in this proceeding. 

6. Describe with particularity each and every fact on which you 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, if any, 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 of the Federal Rules of Civil 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 of any 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 of the curriculum vitae for each expert identified in response to the 

preceding Interrogatories. 

4. Copies of all documents that support ~B1ch and every denial, if any, contained in your 

Answer to the Complaint in this case. 

5. Copies of ail documents that support each and every affirmative defense, if any, 

contained in your Answer to the Complaint in this case. 

6. Copies of all documents that support each and every denial, if any, contained in your 

answers to the Requests for Adm:ssion contained above. 

(Signature Page Fo!lows} 
Respectfully submitted, 

c;Q_ 

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Charles Raley 

Senior Attorney 

Enforcement Division, AGC-300 

Office of the Chief Counsel 

P.O. Box 92007 

Los Angeles, CA 90009-2007 

Facsimile (310) 725-6816 

Date: July 26, 2016 
CERTIFICATE OF SERVICE 

I hereby certify that on this date I served one (1) copy of the foregoing Discovery Request In the 

Matter 9f Offshore 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 of Hearings, M -20 

U.S. Department of Transportation 

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 sent the 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 2Wl 000 

In addition, I hereby certify that on this 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