### DEPT OF

# RE(~EIVED US. DEPARTMENT OF TRANSPORTATION 

## ;\PR 12 

## ,?tHO

FEDERALAVIATION ADMINISTRATION 

# HEARING DOCK I: IILI OFFICE OF HEARINGS 

## ET WASHINGTON, D.C. Inthe Matter ofEmpire Airways 2009EA110039

CP10EA0002 The Honorable Isaac D. Benkin
COMPLAINANT'S FIRST SET OF INTERROGATORIES AND REQUEST FORPRODUCTION OF DOCUMENTS
Pursuant to 14 C.F.R. 13.220 and Rules 33 and 34 ofthe Federal Rules of Civil Procedure, Complainantrequests that the Respondentprovide the following discovery within thirty (30) days.

It is requested that the Respondent answer the following interrogatories and produce the documents hereinafter described. This request shall be deemed to be continuing to the extentpermitted 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 Respondent's possession or subject to Respondenfs custody and control and includes documents in the possession ofeach individual who acts, orhas acted at relevant times, as an employee, agent orrepresentative ofRespondent.

# -

DEFINITIONS A. 

### When knowledge or infonnation in possession of a party 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 ofinthe pleadings. D. When used W\th respect to an individual, corporate, business or governmentaLentity, "identify!1
means state the name and present business orresidence addresses ofthe individuals or entities and the employer, governmental orbusiness affiliation and·position ofthe individual. E. The tenns "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 ofconsultants, photographs, motion picture films, tape recordings, computerized data, brochures, pamphlets, advertisements, circulars, press releases, drafts, letters, any 

## -margiriafcomments appearingonal1yuoeument;illld allotherwritings, including electronicwritings.

F. When used with respect to a document, "identify" means furnish the document itself, or in lieu thereot: the name and date ofthe document, the name and address ofthe person orpersons originating the document, the name and address, if 

### any, ofthe person or persons to whom the document is addressed, the names and addresses ofall persons to whom copies of the documents were orhave been

2

### sent, and the organization, finn 

### or agency with which all such persons were connected as ofthe date of the document, and ifnot in possession ofthe original or a copy, furnish the name and address ofthe custodian ofthe original or a copy, or furnish the name and address ofaperson whomyou believeis in possession ofthe original or acopy ofsuch document. G. "Oral communication" means any oral exchange withwords. H. 

### When used with respect to an oral communication, "identify" means state the date and place where such ··oral,
..comrnunication was made,
...the munes of <Q1l

.

### individuals who. participated in communication, and their positions, employers, and employers' addresses, the names ofall 

### individuals who were present at '[he timethe communication was made and theirbusiness affiliations andpositions, the nature and substance ofthe communication, the nature and substance ofeach document recording
orpertaining 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

, bbJectiorras-a gtoundfurnon-production'shallbeidentified:ehronologicaIly·asfonows: (a) date, (b) 

### title, (c) type ofdocument (e.g. memorandum, report, chart, etc.),

3(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-productivity.**~1'fERROGATORlES**
1. Identify the names, titles, business or home addresses and telephone numbers ofeachpersonwhom the Respondent intends tocall as a witness atthe hearing ofthis matter. 2. Providethe substance ofthe testimony to be offered by each ofsaid witnesses. 3. With respectto each expert witness identified in response to request Nos. 1and 2 above: (a) identify the subject matter on whichthe expert is expected to 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 Respondent intends to introduce into evidence or otherwise rely upon a written curriculum vitae or other written document listing the expert's professional**qua1i:ficati(jn§~identifYanlhttachcopies"oh:H'such** documents. 4. To the extent not encompassed in your response to request Nos. 1, 2 and 3 above, identify and produce statements ofall individuals who spoke to, or were interviewed by, the Respondent regarding this matter.

45. IdentifY and produce copies ofany and all documents on which the Respondent anticipates relying,
or will rely, in support ofthe case it will present at the hearing in this matter, including but not limited to documents you intend to introduce into evidence. 6. IdentifY which company operated or authorized the operation ofthe Diamond DA-20 aircraft, identification number N383CA (hereinafter "the N383CA aircraft") during the period April 8,2009 through June 1, 2009. 7. With respect to the company identified in response to Interrogatory 6, above, identifY and produce copies of any all documents reflecting that said company operated the N383CA aircraft during the period April 8, 2009 through June 1, 2009, includingbut not limitedto lease agreements. 8. Which mechanic(s) reassembledthe wheel assembly onthe N383CA aircraft on April 8, 2009? 9. Ifthere was more than one mechanic involved in re-assembling the wheel assembly on the aircraft
on April 8, 2009, describe the role ofeach ofthe mechanics in said re-assembly. 10. At the conclusion ofthe re--assembling ofthe wheel assembly on the N383CA aircraft on April 8, 2009, which mechanic approved the aircraft for return to service? 11. IdentifY and produce copies ofall documents in the possession ofRespondent pertaining to the reassembling ofthe wheel assembly on the N383CA aircraft on April 8, 2009, including but not limited

12. With respect to the landing ofAircraft N383CA at Republic Airport, NY on June 1,2009, what caused the aircraft to vibrate? 13. With respect to the landing ofAircraft N383CA at Republic Airport, NY on June 1,2009, what causedthe pilot's inabilityto 

### taxi the aircraft?

514. IdentifY and produce copies ofall documents in the possession ofRespondent pertaining to any maintenance that was performed on the N383CA aircraft as aresult ofthe incident atRepublic Airport, NY, on June 1, 2009.
Respectfully submitted, Alfred R. Johnson, Jr. Regional Counsel



### By:

# ~ Date: April 5,2010 Zachary 

# an Attorney
. Federal Aviation Administration 1AviationPlaza Jamaica, NY 11434 Telephone: 718553-3258 Facsimile: 718995-5699

6CERTIFICATE OF SERVICE I hereby certifY that on this day copies ofthe foregoing complainant's first set ofinterrogatories and request for production ofdocuments were sent via first class mail and via facsimile to each ofthe following: The Honorable Isaac D. Benkin Administrative Law Judge Office ofHearings, M-20 U.S. Department ofTransportation 1200New Jersey Avenue, S.E. East Building Ground Floor ROOffi'E12-'320 wasmngton, r>:C.20590 Telefax: (202)366-7536 Charles 

### J. Casolaro, Esq. Casolaro Sussman,LLP 1050Franklin Avenue, Suite 402 Garden City, NY 11530 Telefax: (516)248-2257 I hereby certifY that on this day copies ofthe foregoing complainant's first set of interrogatories and request for production ofdocuments were sent via first class mail to the following:
Federal AviationAdministration (Original and one,copy) 800 Independence Avenue,S.W. Washington, D.C. 20591 Attn: HearingDocket Clerk, AGC-430 WilburWright Building

­ Room 20i4



### APR - 5 2010 Date:



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# 4l.:t?~ Paralegal Specialist Office ofRegional Counsel 1Aviation Plaza Jamaica, NY 11434
7