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U.S. DEPARTMENT OF TRANSPORTATION; j* ^ j«* ^ . j- ^ j 

OFFICE OF HEARINGS VU-^i«#;-«.l 

FEDERAL AVIATION ADMINISTRATION >; / 1 p. ?; 

BEARING r )CKE' 

FEDERAL AVIATION ADMINISTRATION, 

Complainant, 

vs. 

DEAN INTERNATIONAL, INC., 

Respondent. 

FAA Docket No. FAA-20n-0069 

FAA Case Nos. 201OSO190256, • 

2010SO190260 

Chief Judge Yoder 

COMPLAINANT'S FIRST DISCOVERY REOUESTS 

Pursuant to the provisions of 14 CFR § 13.220, please respond to the following 

Tnterrogatories, Requests for Production of Documents, and Requests for Admission separately 

and fiilly under oath within 30 days from your receipt of this request. 

This request is intended to discover information and/or documents not only within your 

personal knowledge or obtainable by you, but also information in the possession of or obtainable 

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

behalf or on their behalf 

Each interrogatory shall be answered separately and fully in writing under oath, unless it 

is objected to, in which event the reasons for objection shall be stated in lieu of an answer. 

You may respond to the Requests for Production by producing true and accurate copies 

of the originals to the undersigned. If you refuse to produce any documents or other evidence on 

the basis of privilege or other objection, identify specifically the items withheld from productioti. 

Each response shall be continuing in nature so as to require you to file supplemental 

responses in the following circumstances; 

a) When you become aware of a fact or the identity and location of any document 

that is not identified in your original response; 

b) When your original response was initially correct, but subsequently rendered 

incorrect or inaccurate based upon information discovered after the original response is prepared. 

Jf your answer to any interrogatory is "N/A" or "Not Applicable," describe in detail your 

reasons for making such reply. In reply to any interrogatory, do not merely state, "sec attached 

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records" unless you have no additional memory of the matters referred to in the interrogatory. If 

you have any additional memory of the relevant events, describe it in detail. 

DEFINITIONS 

"Documents" include, without limitation, notes, memoranda, invoices, work orders, receipts, 

reports, letters, audio and video tapes, photographs, facsimiles, transcripts, written statements, 

records of conversations, computer disks or tapes, e-mails, and other tangible or intangible 

materials. 

"You" or "your" refers to Respondent, Dean International. 

"Identify," when referring to persons, requires you to provide the full name, address, telephone 

number (business and residence, where available) and any othei- infomiation pertinent to locating 

such person. When pertaining to an object or place, "identify" means to provide the name, 

location or other description of such object or place. 

"This matter" refers to the events and circumstances underlying the allegations set forth in the 

Complaint, including amendments and other additions to Uie Complaint. 

INTERROGATORIES 

1. Please identify each person you may call as a witness at the hearing in this matter, 

and for each person provide his or her title, address, and daytime phone number. 

2. For each person identified in response to Interrogatory #1, please state with 

specificity the subject matter upon which each is expected to testify, summarize the substance of 

the expected testimony, and identify the source of the person's knowledge. 

3. Please identify each person you may call as an expert witness at the hearing on 

this matter, and for each person provide his or her title, address, and daytmie telephone niunbcr, 

summarize the substance of such expected testimony (including, without, limitation, the 

substance of expected opinion testimony) and state the grounds for each such opinion (including, 

withotit limitation, identification of all facts, treatises, reports imd records that fonn the basis for 

such opinion). 

4. Please identify any and all documents you believe contradict the allegations in the 

Complaint, support your affirmative defenses, or are otherwise relevant to matters raised in the 

Complaint or Answer. 

5. For each and every flight identified in the Complaint, if you assert that flight 

instruction was not given on that flight, describe in detail the facts upon which you base that 

assertion, and the actual purpose and nature of the flight. 

6. For each and every flight identified in the Complaint, if you assert that there had 

been an annual or lOO-hour inspection on that aircraft within the 100 hours prior to that flight. 
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state with specificity the facts upon which you base that assertion, including but not limited to 

the aircraft total and tach time ai the time of the flight, the aircraft total and tach time at the time 

of the inspection, and identify any maintenance records upon which you base these figures. 

7. For each and every flight identified in the Complaint, if you assert that the aircraft 

was in compliance with AD 87-20-03 R2 at the time of the flight, state with specificity the facts 

upon which you base that assertion. 

8. State with specificity the facts upon which you base your affiiinative defense that 

"the inspections referenced in the Complaint may be completed within 10 hours after the 100 

hours time in service has elapsed," including the identify of document which permits a 10-hour 

overfly and any facts showing thai the flights in question fit into the conditions required for that 

10-hour overfly. 

9. State with specificity the facts upon which you base your affirmafive defense that 

three of the four flights in this matter were scheduled to return prior to the expiration of the 100 

hours since their last lOO-hour inspection. 

10. Explain in detail why you believe that it is relevant if the flights were scheduled 

to return prior to the expiration of the 100 hours. 

11. Explain in detail why you believe you are not responsible for the safe operation of 

the flights charged in the Complaint, as referenced in your third affirmative defense. 

12. Describe in detail the "systems in place to advise pilots, flight instructors, 

dispatchers, and maintenance personnel as to upcoming inspection times" and any measures you 

have taken to prevent use of the aircraft when it would result in an inspection being overflown. 

13. With reference to your fifth affirmative defense, identify the civil penalty 

appropriate in this case, including specifically how that penalty is appropriate under the 

Administrator's published sanction guidance, 

14. Please describe with specificity any conversation you have had regarding this 

matter with your students, employees, or FAA persoimel and for each, please also identify date 

and time of the conversation, location of the conversation, any other individuals present, and 

what was discussed. 

15. Identify the pilot or pilots on each of the flights referenced in the Complaint, 

including whether each pilot was a student of, instructor for, employee of, or contractor for Dean 

International. 

16. Identify all individuals who assisted you in responding to these Complainant's 

First Di.SCO very Requests. 

17. For each of the fliglits referenced in the Complaint, identify when the next 

scheduled inspection for that aircraft was. 
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18. For each and every flight identified in the Complaint, if you assert that the flight 

did not overfly its 100 hour inspection during the flight, state with specificity the facts upon 

which you base that assertion, including but not limited to the aircraft total and tach time at the 

time of the flight, the aircraft total and tach time at the time of the inspection, and identify any 

maintenance records upon which you base these figures. 

REOUESTS FOR PRODUCTION 

1. Please produce all documents you relied upon or used in responding the Agency's 

First Set of Interrogatories and/or First Requests for Admi.ssion, or that support those responses. 

2. Please produce all documents you identified in your responses to the Agency's 

First Set of Tnterrogatories. 

3. Please produce all documents that you may or will offer in support of your 

defense in this matter. 

4. Please produce any and all documents, including statements, regarding any person 

interviewed regarding the facts, claims, testimony, evidence, or allegations in this matter. 

5. Please produce any and all documents, including e-mails, containing 

communications by you or to you regarding this mailer, except those between yourself and your 

attorney. 

6. Please produce any and all maintenance records for civil aircraft N6348B and 

N5276M for the period fi-om February 1, 2010 through May 31, 2010. 

7. Please produce any and all records concerning any and all inspections performed 

on N6384B and N5276M from February 1, 2009 through May 31, 2010. 

8. Please produce any and all records of concerning AD compliance for N6384B and 

N5276M from February 1, 2009 through May 21, 2010. 

9. Produce any and all records relating to the flights alleged in this matter, including 

but not limited to business records (such as invoices, fuel receipts, internal billing records, 

student aircraft usage tracking), maintenance records, and flight instruction records. 

10. Produce any and all records of flight instruction given or received by the pilots of 

the four flights alleged in this matter, from January 1, 2010 through June 30, 2010. 

11. Produce the applicable pilot logbooks for the pilots of the four flights alleged in 

the Complaint. 
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REOUESTS FOR ADMISSION 

1. Admit that the aircraft involved in this matter were required to have 100-hour 

inspections during the time fi-ame relevant to this matter. 

2. Admit that, where an aircraft is required to have a 100-hour inspection, and is past 

due for that inspection, the aircraft is in an unairworthy condition. 

3. Admit that, where an AD is applicable to an aircraft, and the aircraft is not in 

compliance with the AD, the aircraft is in an unairworthy condition. 

4. Admit that, at the time of the alleged operation of N6348B on February 28, 2010, 

the inspection required by AD 87-20-03 R2 had not been completed within the prior 100 hours 

(regardless of whether you believe il had to have been completed within the prior 100 hours). 

5. Admit that, at the lime of the alleged operation of N6348B on March 1, 2010, the 

inspection required by AD 87-20-03 R2 had not been completed witliin the prior 100 hours 

(regardless of whether you believe it had to have been completed within the prior 100 hours). 

6. Admit that, at the time of the alleged operation of N6348B on April 22, 2010, the 

inspection required by AD 87-20-03 R2 had not been completed within the prior 100 hours 

(regardless of whether you believe it had to have been completed within the prior 100 hours). 

7. Admit that, at the time of the alleged operation of N5276B on May 8, 2010, the 

inspection required by AD 87-20-03 R2 had not been completed within the prior 100 hours 

(regardless of whether you believe it had to have been completed within the prior 100 hours). 

8. Admit that the four lliglits in question in this matter did not retum prior to ihe 

expiration of the 100 hours since their last 100-hour inspection. 

9. Admit that it is your responsibility to ensure the safe operation of the aircraft used 

in your operations. 

10. Admit that the sanction proposed is within the range provided by the 

Administrator's written and published sanction guidance. 
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The responses and documents requested herein should be submitted within 30 days after you 

receive this document to: 

Christopher R. Stevenson 

Federal Aviation Administration 

Office of the Regional Counsel, ASO-7 

Southern Region 

P.O. Box 20636 

Atlanta, Georgia 30320 

Telephone: (404) 305-5200 

Facsimile (404) 305-5223. 

Respectfiilly submitted this \ ^ day of May, 2011. 

CHRISTOPHER R. STEVENSON 

Attorney 

Office of the Regional Counsel 
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CERTIFICATE OF SERVICE 

I hereby certify that the foregoing Response to Respondent's Request for Production of 

Documents was sent: 

original and one copy via certified mail and Federal Express to: 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Washington, D.C. 20591 

Attention: Hearing Docket Clerk, ACiC-430 

Wilbur Wright Building - Suite 2W1000 

one copy via certified mail and Federal Express to: 

The Honorable Ronnie A. Yoder 

Chief Administrative Law Judge 

Office of Hearings, M-20, Room El 2-320 

U.S. Department of Transportation 

1200 New Jersey Avenue, SE 

Washington, DC 20590 

facsimile: (202) 366-7536 

one copy via certified mail and regular mail lo: 

Stuart Goldstein, Esq. 

Law Offices of Goldstein & Sordo 

9350 South Dixie Highway, lOih Floor 

Miami, FL 33156 

^ 

GERAI -D A. JENNINGS 

Program Analyst 

Office of the Regional Counsel 

MAY 1 3 2011 

Dated