DEPT OF RE(~EIVED US. DEPARTMENT OF TRANSPORTATION ;\PR 12 ,?tHO 

FEDERAL AVIATION ADMINISTRATION HEARING DOCK 

I: II LI OFFICE OF HEARINGS ET 

WASHINGTON, D.C. 

In the Matter of Empire Airways 

2009EA110039 


CP10EA0002 


The Honorable Isaac D. Benkin 


COMPLAINANT'S FIRST SET OF INTERROGATORIES 


AND REQUEST FOR PRODUCTION OF DOCUMENTS 


Pursuant to 14 C.F.R. 13.220 and Rules 33 and 34 of the Federal Rules of Civil Procedure, 

Complainant requests that the Respondent provide 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 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 Respondent's possession or subject to 

Respondenfs custody and control and includes documents in the possession of each individual who 

acts, or has acted at relevant times, as an employee, agent or representative ofRespondent. 
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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 ofin the pleadings. 

D. When used W\th respect to an individual, corporate, business or governmentaLentity, "identify!1 

means state the name and present business or residence addresses ofthe individuals or entities and the 

employer, governmental or business 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 of consultants, photographs, motion picture films, tape recordings, 

computerized data, brochures, pamphlets, advertisements, circulars, press releases, drafts, letters, any 

-margiriafcomments appearingonal1yuoeument;illld allotherwritings, including electronic writings. 

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 or persons originating 

the document, the name and address, if any, of the person or persons to whom the document is 

addressed, the names and addresses ofall persons to whom copies ofthe documents were or have been 

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sent, and the organization, finn or agency with which all such persons were connected as ofthe 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 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, .. comrnunication was made, ... the munes of <Q1l .individuals who. participated in 

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

who were present at '[he time the communication was made and their business affiliations and positions, 

the nature and substance ofthe communication, the nature and substance of each document recording 

or pertaining to such oral communication, and the name and present address ofthe 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'shall beidentified:ehronologicaIly·asfonows: 

(a) date, 

(b) title, 

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

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(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 ofeach person whom 

the Respondent intends to call as a witness at the hearing ofthis matter. 

2. Provide the substance ofthe testimony to be offered by each ofsaid 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) 	 listthe substance ofthe facts and opinions to which the expert is expected to testify; 

(c) 	 provide a summary ofthe grounds for each opinion; 

(d) 	 if the 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. 

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5. IdentifY and produce copies of any 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 of the 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, including but not limited to lease agreements. 

8. Which mechanic(s) reassembled the wheel assembly on the 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 of the wheel assembly on the N383CA aircraft on April 8, 2009, including but not limited 

12. With respect to the landing of Aircraft N383CA at Republic Airport, NY on June 1,2009, what 

caused the aircraft to vibrate? 

13. With respect to the landing of Aircraft N383CA at Republic Airport, NY on June 1,2009, what 

caused the pilot's inability to taxi the aircraft? 

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14. IdentifY and produce copies of all documents in the possession of Respondent pertaining to any 

maintenance that was performed on the N383CA aircraft as a result ofthe incident at Republic 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 

1 Aviation Plaza 

Jamaica, NY 11434 

Telephone: 718553-3258 

Facsimile: 718995-5699 

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CERTIFICATE OF SERVICE 


I hereby certifY that on this day copies of the foregoing complainant's first set of interrogatories and 

request for production of documents were sent via first class mail and via facsimile to each of the 

following: 

The Honorable Isaac D. Benkin 

Administrative Law Judge 

Office ofHearings, M-20 

U.S. Department of Transportation 

1200 New 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 

1050 Franklin Avenue, Suite 402 

Garden City, NY 11530 

Telefax: (516)248-2257 

I hereby certifY that on this day copies of the foregoing complainant's first set ofinterrogatories and 

request for production ofdocuments were sent via first class mail 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 20i4 

APR - 5 2010 

Date:-----­ 4l.:t?~ Paralegal Specialist 

Office ofRegional Counsel 

1 Aviation Plaza 

Jamaica, NY 11434 

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