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UNITED STATES OF AMERICA Si W11V C L' 

DEPARTMENT OF TRANSPORTATION JAN 2 '* 201^ 

OFFICE OF HEARINGS -EARING rK)CKEi' 

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WASHINGTON, D.C. ^^ :75g3 

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In the Matter of * FAA Docket No.: CPIOWPOOOSco 

SAMUEL JOSEPH LATHAM 

Respondent * FAA Region: Western-Pacific 

* 

* • 

Judge: Honorable Richard C. Goodwin 

* DMS No. FAA-2010-0624 

OPPOSITION TO RESPONDENT'S MOTION 

FOR PROTECTIVE ORDER 

To: The Honorable Richard C. Goodwin and to Respondent acting \xiprop<zr herein: 

COMES NOW, the Regional Counsel of the Western-Pacific Region of the 

Federal Aviation Administration (FAA), by and through his counsel, and files this 

Opposition to Respondent's Motion for Protective Order on grounds that Respondent's 

Motion is devoid of any supporting evidence that the requested discovery would cause 

embarrassment and undue expense. 

BACKGROUND 

On September 10,2010, the Complainant filed his fir^t Set of Discovery to 

Respondent seeking information regarding the identity of witnesses, testimony. 
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documents and other evidence to be presented by Respondent at the hearing in this case. 

Respondent's responses were due not later than October 15, 2010. 

On October 18, 2010, Complainant served his Motion to Compel Discovery 

Responses and Motion to Deem as an Admission of Truth Eacxh Statement in 

Complainant's Request for Admission. 

On November 10, 2010, Administrative Law Judge Goodwin granted 

Complainant's motion and ordered Respondent to provide responses to Complainant's 

discovery not later than December 6,2010.' 

On December 6,2010, Respondent, in lieu of complying with the Administrative 

Law Judge's Order of November 10,2010, filed a motion for a protective order on 

grounds that "it would cause embarrassment and undue expense." 

ARGUMENT 

Section 13.220(h) of the Rules of Practice [14 C.F.R. Section 13.220(h)] allows a 

party to file a protective order, but explicitly states that, ''the party or person making the 

motion must show that the protective order is necessary to protect the party or the person 

from annoyance, embarrassment, oppression, or undue burden or expense." Id 

Here, Responsent has provided no evidence that he would be subjected to 

embarrassment or undue expense if he were lo comply with the Administrative Law 

Judge's order. As indicated, the requested discovery merely seeks information regarding 

the identity of his witnesses, testimony, documents and other evidence to be presented by 

^ The Order ajso deemed thai Respondent admitted each statement in Complainant's Rcqeust for 

Admissions. 
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Respondent at the hearing in this case. Moreover, the requested discovery is intended to 

narrow the issues at hearing and to save the Court's time. 

Respondent's specious attempt to circumvent the Court's order to comply with the 

discovery order by filing for a protective order should not be rewarded by having it 

granted. Respondent has provided no evidence that he requires a protective order. For 

the the foregoing reasons. Respondent's motion should be summarily denied. 

Respectfiilly submitted, 

Naomi Tsuda 

Regional Counsel 

ted: January 18, 2011 
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i 

•I 

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CERTIFICATE OF SERVICE 

I hereby certify that on this date I have faxed and placed in the United States mail, 

postage prepaid, the executed original of the OPPOSITION TO RESPONDENT'S 

MOTION FOR PROTECTIVE ORDER, addressed as follows: 

The Honorable Richard C. Goodwin 

Administrative Law Judge 

Office of Hearings, M-20 

U.S. Department of Trasnportalion 

1200 New Jersey Avenue, S.E. 

East Building Ground Floor, Room El 2-320 

Washington DC 20590 

Facsimile: (202)366-7536 

Federal Aviation Administration 

800 Independence Avenuse, S.W. 

Washington DC 20591 

Attention: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building- Suite 2W1000 

Facsimile: (202) 493-5142 

I further certified that on this date I have placed in the United States mail, postage 

prepaid, certified mail, return receipt requested, a copy of the above addressed to: 

Samuel Joseph Latham 

33690 Almond St. 

Wildoman CA 92595 

Dated: Janaury 18, 2011 

DS Ebilane 

c?v^ ^ 

Agnes; 

Legal Technician 

Office of the Regional Counsel 

Federal Aviation Administration 

Western-Pacific Region 

Hawthorne, California