# ;-;~;:;,;'f98!~{;\rr~.i ,v;:\h:. ,-.**r-\;-:r:pi\TTV:~~-** DEPARTMENT OF TRANSPORTATION

· .. ·i'f'L 1t"'' :....\, '·''"'FEDERALAVIATIONADMINISTRATION OFFICE OF HEARINGS

WASHINGTON, D.C. 

# RECEIVED JUL 242013 HEARING DOCKET In the Matter ofNortheasternAviation Corp., Respondent DocketNos. 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 ofeach individual who acts as, or has acted at relevant times as, an employee, agent orrepresentative ofComplainant. DEFINITIONS A. When knowledge or information in possession ofaparty is requested, such request includes knowledge ofthe 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 ofthe occurrences mentioned or complained ofin the pleadings.D. Whenused with respectto an individual, corporate, business or governmental entity, "identify" means state the name andpresent business orresidence addresses ofthe individuals or entities and the employer, governmental or business affiliation and position ofthe individual. E. The terms "document" and "statement" mean without limitation, the following items, whetherprinted or recorded or reproduced by any other mechanical process or written or produced by hand: agreements, communications, correspondence, telegrams, memoranda, summaries or records oftelephone conversations, summaries or records ofpersonal conversations orinterviews, diaries, reports, notebooks, note charts, plans, drawings, sketches, maps, summaries or reports ofinvestigations, opinions or reports ofconsultants, 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 withrespectto a document, "identify" means furnish the document itself, or in lieuthereof, the name and date ofthe document, the name and address ofthe person or persons originating the document, the name and address, ifany, oftheperson or persons to whom the document is addressed, the names and addresses ofall persons to whom copies ofthe documents were or have been sent, and the organization, fum or agency withwhich all such persons were connected as ofthe date ofthe document, and ifnot inpossession ofthe original or

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

name and address ofa person whom you believe is in possession ofthe original or a copy ofsuch 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 ofall individuals who participated in the communication, and theirpositions, employers, and employers' addresses, the names ofall individuals who werepresent at the time the communication was made and their business affiliations and positions, the nature and substance ofthe communication, the nature and substance ofeachdocumentrecording orpertaining to such oral communication, and the name and present address ofthe present custodian ofeach such document. I. For all interrogatories to which the responding individual has an objection, state the factual and legal basis for the claimedprivilege, or any other authority which provides the claimedbasis 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 ofdocument (e.g. memorandum, report, chart, etc.), (d) subject matter (without revealing the information as to whichprivilege 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 andtelephone numbers ofeach person whom the Complainantintends to call as a witness atthe hearing ofthis matter. 2. Provide the substance ofthe testimony to be offeredby each ofsaidwitnesses.3. With respectto each expert witness identified in response to request Nos. 1 and 2 above: (a) identify the subject matter on whichthe expert is expectedto testify; (b) listthe substance ofthe facts and opinions to whichthe expert is expectedto testify; (c) provide a summary ofthe grounds for each opinion; (d) ifthe 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 ofall such documents. 4. Identify and produce copies ofany and all documents orothertangible exhibits on which the Complainant anticipates relying, orwill rely, in support ofthe case it will present atthe hearing inthis 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, 2013CERTIFICATE OF SERVICE I hereby certify that on July 23, 2013 the foregoing Respondent's First Set of Interrogatories and Request for Production ofDocuments 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 1Aviation Plaza Jamaica, NY 11434 Telephone: 718-553-3258 Fax: 718-995-5699 Judge 

### I.E. Sullivan U.S. Administrative LawJudge Office ofHearings, M-20 U.S. Department ofTransportation 1200 NewJersey 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 ofDocuments have been served via Federal Express to the following: Federal Aviation Administration (Original and one copy) 800 Independence Avenue, S.W. Washington, D.C. 20591 Attn: Hearing Docket Clerk, AGC-430 Wilbur Wright Building-Room 2014

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