;-;~;:;,;'f98!~{;\rr~.i ,v;:\h:. ,-. r-\;-:r:pi\TTV:~~- DEPARTMENT OF TRANSPORTATION · .. ·i'f'L1 t"'' :....\, '·''"'FEDERALAVIATION ADMINISTRATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

RECEIVED 

JUL 2 4 2013 

HEARING DOCKET 

In the Matter ofNortheastern Aviation Corp., Respondent 

Docket Nos. FAA-2012-1264 

Case Nos. 2012EA110030 

Administrative Law Judge J.E. Sullivan 

RESPONDENT'S FIRST SET OF INTERROGATORIES AND REQUEST FOR 

PRODUCTION OF DOCUMENTS 

The Respondent, Northeastern Aviation Corporation, by its undersigned counsel, hereby 

requests that the Agency (Complainant) provide responses to the following discovery requests 

within thirty (30) days of service. This request shall be deemed to be continuing to the extent 

permitted by Rule 26( e) of the Federal Rules of Civil Procedure so as to require you to file 

supplemental responses. This request is intended to cover all documents in the Complainant's 

possession or subject to Complainant's custody and control and includes documents in the 

possession of each individual who acts as, or has acted at relevant times as, an employee, agent 

or representative of Complainant. 

DEFINITIONS 

A. When knowledge or information in possession of a party is requested, such request 

includes knowledge of the party's agents, representatives and, unless privileged, the party's 

attorneys. 

B. The pronoun "you" and "yours" refers to the party to whom these interrogatories are 

addressed. 

C. Unless otherwise indicated, these interrogatories refer to the time, place and 

circumstances of the occurrences mentioned or complained of in the pleadings. 
D. When used with respect to an individual, corporate, business or governmental entity, 

"identify" means state the name and present business or residence addresses of the individuals or 

entities and the employer, governmental or business affiliation and position of the individual. 

E. The terms "document" and "statement" mean without limitation, the following items, 

whether printed or recorded or reproduced by any other mechanical process or written or 

produced by hand: agreements, communications, correspondence, telegrams, memoranda, 

summaries or records of telephone conversations, summaries or records of personal 

conversations or interviews, diaries, reports, notebooks, note charts, plans, drawings, sketches, 

maps, summaries or reports of investigations, opinions or reports of consultants, photographs, 

motion picture films, tape recordings, computerized messages or data, brochures, pamphlets, 

advertisements, circulars, press releases, drafts, letters, any marginal comments appearing on any 

document, and all other writings, including electronic writings. 

F. When used with respect to a document, "identify" means furnish the document itself, or 

in lieu thereof, the name and date of the document, the name and address of the person or 

persons originating the document, the name and address, if any, ofthe person or persons to 

whom the document is addressed, the names and addresses of all persons to whom copies of the 

documents were or have been sent, and the organization, fum or agency with which all such 

persons were connected as of the date of the document, and if not in possession of the original or 

a copy, furnish the name and address of the custodian ofthe original or a copy, or furnish the 

name and address of a person whom you believe is in possession of the original or a copy of such 

document. 

G. "Oral communication" means any oral exchange with words. 
H. When used with respect to an oral communication, "identify" means state the date and 

place where such oral communication was made, the names of all individuals who participated in 

the communication, and their positions, employers, and employers' addresses, the names of all 

individuals who were present at the time the communication was made and their business 

affiliations and positions, the nature and substance of the communication, the nature and 

substance of each document recording or pertaining to such oral communication, and the name 

and present address of the present custodian of each such document. 

I. For all interrogatories to which the responding individual has an objection, state the 

factual and legal basis for the claimed privilege, or any other authority which provides the 

claimed basis for the objection. 

J. All documents requested as to which the responding individual claims privilege or any 

other objection as a ground for non-production shall be identified chronologically as follows: 

(a) date, 

(b) title, 

(c) type of document (e.g. memorandum, report, chart, etc.), 

(d) subject matter (without revealing the information as to which privilege or 

statutory authority is claimed). 

(e) factual and legal basis for the claimed privilege, or any other authority which 

provides the claimed ground for non-production. 

INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS 

1. Identify the names, titles, business or home addresses and telephone numbers of each 

person whom the Complainant intends to call as a witness at the hearing ofthis matter. 

2. Provide the substance of the testimony to be offered by each of said witnesses. 
3. With respect to each expert witness identified in response to request Nos. 1 and 2 above: 

(a) identify the subject matter on which the expert is expected to testify; 

(b) list the substance of the facts and opinions to which the expert is expected to 

testify; 

(c) provide a summary of the grounds for each opinion; 

(d) if the Complainant intends to introduce into evidence or otherwise rely upon a 

written curriculum vitae or other written document listing the expert's 

professional qualifications, identify and attach copies of all such documents. 

4. Identify and produce copies of any and all documents or other tangible exhibits on which 

the Complainant anticipates relying, or will rely, in support of the case it will present at the 

hearing in this matter, including but not limited to documents or other tangible exhibits it intends 

to introduce into evidence. 

Respectfully submitted, 

By: 

James G. 

Eckert S 

1717 Pe sylv 

12th Floor 

Washington, D.C. 20006 

Telephone: 202-659-6672 

Fax:202-659-6699 

Email: jehrig@eckertseamans.com 

Date: July 23, 2013 
CERTIFICATE OF SERVICE 

I hereby certify that on July 23, 2013 the foregoing Respondent's First Set of 

Interrogatories and Request for Production of Documents have been served via Federal Express 

and facsimile to the following: 

Mr. Alfrec:l R. Johnson, Jr., Esq. 

Mr. Zachary M. Berman, Esq. 

Federal Aviation Administration 

1 Aviation Plaza 

Jamaica, NY 11434 

Telephone: 718-553-3258 

Fax: 718-995-5699 

Judge I.E. Sullivan 

U.S. Administrative Law Judge 

Office ofHearings, M-20 

U.S. Department of Transportation 

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

Washington, D.C. 20590 

Fax: 202-366-7536 

I hereby certify that on July 23, 2013 the foregoing Respondent's First Set of 

Interrogatories and Request for Production of Documents have been served via Federal Express 

to the following: 

Federal Aviation Administration (Original and one copy) 

800 Independence A venue, S. W. 

Washington, D.C. 20591 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building-Room 2014 

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