U.S. DEPARTMENTOFTRANSPORTATION Office of Hearings Washington, D. C.

The Liberty Foundation, Inc. 

# RECEIVED FAA DOCKET NO. 2012-0477 (EIR 2011-GL-03-0070)

(Civil Penalty Action) Hon. J. 

### E. Sullivan, Administrative Law Judge 

## MAR 242014 

## HEARING DOCKET

RESPONDENT'S ANTICIPATED EXHIBITS LIST1 

### Respondent anticipates it may introduce some or all of the exhibits listed below (not necessarily in order of presentation): 1. Depositions (2) of Raymond Fowler 2. Declaration of Raymond Fowler 3. Deposition of Rodney Schneider 4. Declaration of Rodney Schneider 5. Deposition of Gary Norville 6. Deposition of Don Dodge 7. Deposition of Thomas Duellman, relevant pages 8. Deposition of David Miller 9. Deposition of Timothy Bourgoine

1 Since Respondent's case is a rebuttal case, Respondent reserves the right to introduce other exhibits to rebut FAA testimony and exhibits depending on the nature and scope ofthattestimony and those exhibits. STUARTA. GOLDSTEIN, P.A. 7300 NORTH KENDALL DRIVE, SUITE 380,MIAMI, FL 33156 T: (305) 670-1222 F: (305) 400-0685 stuartgoldsteinpa@att.net10. Declaration of David Wilkins 11. Declaration of John Hess 12. Declaration of Larry Cullen Underwood 13. Raymond Fowler's Deployment Orders 14. Discrepancy Log Book Form 15. Boeing B-17 Handbook of Structural Repair Instructions, relevant pages. 16. B-17 Type Certificate Data Sheet 17. Special Airworthiness Certificate for N390TH 18. Operating Limitations For N390TH 19. Portions of Liberty's Continuous Airworthiness Inspection Program 20. Liberty Foundation Exemption Letter dated June 30, 2010 21. Advisory Circular 43.13-1 B, Relevant Pages 22. Advisory Circular 120-16E, Relevant Pages 23. Semih Genculu Expert Report 24. Gary Norville Expert Report 25. Log Book Entry of February 24, 2011 26. Technical Data Pages PR-2001 Class B rapid curing fuel tank sealant 27. B-17 Fuel System Diagrams, two pages 28. Appendix Ato Part 43, Federal Aviation Regulations, relevant page 29. Liberty Foundation Check payable to Terry Bowden in the amount of $500.00. 30. FAA "Statement of the Case" from its Enforcement Investigative Report

STUARTA. GOLDSTEIN, P. A. 7300 NORTH KENDALL DRIVE, SUITE 380,MIAMI, FL 331S6 T: (305) 670-1222 F: (305)400-0685 stuartgoldsteinpa@att.net 231. All Exhibits listed by Complainant

STUARTA. GOLDSTEIN, P. A. 7300 North Kendall Drive, Suite 380 Miami, FL 33156 Tel: (305) 670-1222 Fax: (305) 400-0685 Email: stuartgoldsteinpa@att.net

By:

# );;7JiLY}fJj;j)J

# ~ 'stuartA. Goldstein Attorneyfor Respondent

CERTIFICATE OFSERVICE

.·. -7" -.Lr I HEREBY CERTIFYthat the foregoing has been served on this (). ) day of March, 2014, as set forth below: Christopher 

### R. Stevenson, Esq. Office of the Regional Counsel Federal Aviation Administration P. 

### 0. Box 20636 Atlanta, GA 30320 By Federal Express and that an original and one copy was served upon: Hearing Docket Clerk, AGC-430 Wilbur Wright Building, Suite 2W1000 Federal Aviation Administration 800 Independence Avenue, S. W. Washington, D. C., 20591 By Federal Express and that a copy was served upon: Honorable J. E. Sullivan STUARTA GOLDSTEIN, P.A. 7300NORTH KENDALLDRIVE, SUITE 380,MIAMI, FL 33156 T: (305) 670-1222 F: (305) 400-0685 stuartgoldsteinpa@attnet 3Office of Hearings, M-20 U. S. Department of Transportation 1200 NewJerseyAvenue, S. E. (E11-310) Washington, D. C., 20590 By Federal Express

STUART A. GOLDSTEIN, P.A. 7300 NORTH KENDALL DRIVE, SUITE 380,MIAMI, FL 33156 T: (305) 670-1222 F: (305) 400-0685 stuartgoldsteinpa@att.net 4

### U.S. DEPARTMENT OFTRANSPORTATION Office of Hearings Washington, D. C.

# -------bJR-~....-~ECEIVED The Liberty Foundation, Inc. FAA DOCKET NO. 2012-0477 (EIR 2011-GL-03-0070)

(Civil Penalty Action) Han. J. E. Sullivan, Administrative Law Judge

RESPONDENT'S WITNESS LIST 

## MAR 242014 

## HEARING DOCKET

Respondent, the Liberty Foundation, Inc., ("Liberty") anticipates it may call some or all of the below listed persons as witnesses in this case. Consistent with the Court's Order of August 27, 2013, a short statement of their anticipated testimony is set forth below. Respondent reserves the right to call other witnesses and/or expand the testimony of the below listed witnesses if Complainant's witnesses give unexpected testimony. Raymond Fowler 3501 Jones Mill Road Carrollton, GA, 30116 Mr. Fowler's testimony has been preserved for trial in his depositions ofMay 1, 2013, andMarch 

### 7, 2014. John Hess 130 Red Fox Run Fayetteville GA, 30215 Captain Hess is expectedto testifyas to his aviation experience andbackground;

ASTUART A. GOLDSTEIN, P. A. 7300 NORTH KENDALL DRIVE, SUITE 380,MIAMI, FL 33156 To (305) 670-1222 Fo (305)400-0685 STUARTGOLDSTEINPA@ATT.NET

### his involvement with Liberty; his activities the weekend of June 11-13, 2011, including his reading of the maintenance Jog book entry on the maintenance discrepancy form priorto the flightofJune 13, 2011; his observation ofthe repair of the leak; and his observations of the removal ofthe fuel tank from N390TH following the off-airport landing. For a further description of Captain Hess's testimony, see his Declaration attached to Liberty's Response To FAA's Motion ForSummaryJudgment. Gary Norville 333 South Street New Smyrna Beach, FL 32168 

### Mr. Norville is expected to testifyas to his aviation experience and background; his experience maintaining and inspecting "warbird" aircraft, including 8-17 aircraft; his knowledge of8-17 fuel systems and ofthe project ofchanging the fuel tanks in N390TH, andhis opinion that the project was nota majoralteration ofthe fuelsystem ofN390TH. Fora furtherdescription ofMr. Norville's expected testimony, see his ExpertReportdatedFebruary26, 2013. Larry Cullen Underwood 509 Sackman Falls Court Canton, GA, 30114 

### Mr. Underwood is expected to testifyas to aviation experience and background; his business experience; his involvement and experience with Liberty; his participation in conversation(s) with FAA Inspectors MillerandAlderman; andhis involvement with the projectofchanging the fuel tanks on N390TH. Fora further description of Mr. Underwood's testimony, see his Declaration attached to Liberty's Response To FAA's Motion ForSummaryJudgment.

Semih Genculu 1049Triad Court Marietta, GA 30062 

### Mr. Gencu/u is expected to testifyandan expert in the fields offailure analysis, mechanical testing, metallography, welding, heat-treating and corrosion consistent with his expert report. A copy ofMr. Genculu's resume is attached hereto andhasbeenpreviouslyprovidedto Complainant.

ASTUART A. GOLDSTEIN. P.A. 7300 NORTH KENDALL DRIVE. SUITE 380.MIAMI. FL 33156 T' (305) 670·1222 p, (305)400·0685 STUARTGOLDSTEINPA@ATT.NETDavid Wilkins Cobb Industrial Fabricators 1394Cobb Industrial Way Marietta, GA 30666 Mr. Wilkins is expected to testify about the business of his company, Cobb Industrial Fabricators, his welding experience, andhis involvement in the project ofchanging the fuel tanks in N390TH. For a further description ofMr. Wilkins's expected testimony, see his Declaration attached to Liberty's Response To FAA's Motion ForSummaryJudgment. Rodney Schneider 150 Woods Court Ball Ground, GA 30107 Mr. Schneider is expected to testify as to his aviation experience and background; his involvement with Liberty; his involvement in the project of changing the fuel tanks in N390TH; his maintenance log entries ofFebruary24, 2011, andJune 12-13, 2011; the settlement ofhis license revocation/suspension case; his conversation with FAA Inspectors Miller andAlderman. For a further description of Mr. Schneider's anticipated testimony, see his Declaration attached to Liberty's Response to FAA's Motion For SummaryJudgment andhis deposition testimony. All Witnesses Listed by Complainant Respectfully submitted STUART A. GOLDSTEIN, P. A. 7300 North Kendall Drive, Suite 380 Miami, FL 33156 Tel: (305) 670-1222 Fax: (305) 400-0685 Email:**stu~utqoldsteinpa@att.net**

ASTUARTA. GOLDSTEIN, P.A. 7300 NORTH KENDALL DRIVE, SUITE 3BO,MIAMI.FL 33156 T' (305) 670-1222 p, (305) 400·0685 STUARTGOLDSTEINPA@ATT.NETCERTIFICATE OF SERVICE I HEREBY CERTIFY that the foregoing has been served on this ,:;) day of March, 2014, as setforth below: Christopher 

### R. Stevenson, Esq. Office of the Regional Counsel Federal Aviation Administration P. 

### 0. Box 20636 Atlanta, GA 30320 By Federal Express and that an original and one copy was served upon: Hearing Docket Clerk, AGC-430 Wilbur Wright Building, Suite 2W1000 Federal Aviation Administration 800 Independence Avenue, S. W. Washington, D. C., 20591 By Federal Express and that a copy was served upon: Honorable

### J. E. Sullivan Office of Hearings, M-20 S. Department of Transportation 1200 NewJersey Avenue, S. E. (E11-310) Washington, D. C., 20590 By Federal Express

ASTUARTA. GOLDSTEIN, P. A. 7300 NORTH KENDALL DRIVE, SUITE 380,MIAMI, FL 33156 T' (305) 670-1222 F' (30S) 400-068S STUARTGOLDSTEINPA@ATT.NET