Oe/29/2010 1G:39 FAX 2024935142 FAA •>• DM S ElOOI/006 

OORSEV & 

WHITNEY LL P 

1031 Wcsi l''ourlli 

Avenue 

Siiirc rton 

\iidioruBc, AK.9950I5y()7 

(907) 276-4557 

JAIINA M. LlNDHMUm, ABA #9711068 

DORSF.Y & WHITNEY LLP 

1031 West Koiirth Avenue 

Suite 600 

Anchorage, AK 99501-5907 

(907)276-4557 

RhCElVED 

M l 2 3 2010 

HEAP^^MQ DOCKET 

ArrORNEYS FOR 

ALASKA AIRLINES, INC., STEPHHN CAMP and TIM COOK 

UNITED STATES DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C 

IN IHE MATTER OF 

SMITH CABLE SYSTEMS, INC. 

FAA DOCKET NO. CP09ALOO12 

(Civil Penalty Action) 

DMS NO. FAA-2009-0976 

c:3 

MOTION TO QUASH OR MODIFY CIVIL PENALTY S t BFOENAS 

Alaska Airlines, Inc., and its employees Tim Cook and Stephen Camp 

(collectively "Movants"), move to quash or modify the two subpoenas issued by the 

Federal Aviation Administration C'FAA") to Cook and Camp, attached hereto as Exhibits 

A and B, under 14 C.F.R. § 13.228(b). The subpoenas require third parlies Cook and 

Camp, Alaska Airlines' employees who live and work in Ketchikan, Alaska, to appear 

and testify in person in Anchorage at the June 25, 2010 hearing scheduled in this matter. 

There are no non-stop, scheduled flights between Ketchikan and Anchorage. Air travel 

between these cities requires stops in Sitka and Juneau, ibr a journey of nearly five hours, 

or a connection in Seattle (700 miles to the south), lor a journey ofat least seven hours. 

(See http://v\avw.ala.skaair.com/shopping/ssl/schedule.aspx.) 

MOTION TO QUASH OR MODIFY CIVIL 

PENALTY SUBPOENAS 

Page 1 of4 

Jn the Matter of Smith Cable Systems, Inc. 

DMS NO. FAA-2009-0976 
OG/29/2010 16:4 0 FAX 2024935142 FAA * DMS @1002/00G 

DORSEY & 

WHI I INEY LL P 

lOJl Wciil'ourlh 

Avenue 

,S«iirc Mm 

\iiclioniBc. Ak9950l5VU7 

(W7) 276-4557 

Movants understand that the FAA has liled an expedited motion to allow Cook 

and Camp to testify Telephonically under the subpoenas. Ifthe FAA's motion is granted, 

Movants withdraw this motion. In the event it is not granted. Movants object that the 

subpoenas are unreasonable and burdensome to Movants, and ask that they either be 

quashed or modified, as described below. 

Movants understand that the FAA wants to solicit testimony Irorn Camp and Cook 

that they saw and removed two propane fuel containers and one can of spray paint from 

cargo shipped by Smith Cable Systems. Given the scope of possible testimony, each 

witness should testify for no more than ten minutes. As stated in the FAA'.s motion to 

permit telephonic participation, due to the travel time and distance involved. Camp and 

Cook would likely miss three days of work during Alaska Airlines' busy summer season. 

Alaska Airlines' Ketchikan operation is small, and it would be adversely impacted to 

have two of its employees gone for three days at the same lime. 

Movants want to accommodate the FAA and provide testimony, and have worked 

diligently with the parties in this matter to resolve this issue. Movants fully support the 

FAA's expedited motion to allow Camp and Cook to give telephonic testimony. In the 

alternative, if that motion is not granted. Movants request one of the following 

modifications, in order of preference; 

1. Camp and Cook only be required to appear and testify at perpetuation 

depositions in Ketchikan, Alaska, or appear by video conference, so thai they could be 

subject to examination by both parties, in lieu of appearing at the hearing in Anchorage. 

MOTION TO QUASH OR MODIFY CIVIL 

PRNALTY SI.TDPOENAS 

Page 2 of4 

In the Matter of Smith Cable Systems, Inc. 

DMS NO. FAA-2009-0976 
OG/29/2010 1G;40 FAX 2024935142 FAA •> DMS iOO3/0O G 

DOKSEY & 

WHITNEY LLP 

1031 WCCT KcilHTll 

Avenue 

.SLIUC filX) 

^nclk•,raec,AK 99501. 

.^907 

(•907)27r.-1S.';7 

2. That the subpoena for one witness be quashed on the grounds thai the 

testimony sought from both witnesses is duplicative, so that only one Alaska Airlines' 

employee be required to appear and testify in Anchorage. 

3. If one or both witness are required to appear and testify in Anchorage, thai 

the parties be required to complete boih witnesses' examination by 11:00 a.m. on June 

25, 2010, so that they may return to Ketchikan that same day and only miss two in.stcad 

of three days of work. 

Movants' prelerence is that Camp and Cook be allowed to testif;/ telephonically. 

If this is not allowed. Movants ask that the subpoenas be quashed or modified as set forth 

herein. 

DATE D this 1 A day of June, 2010, at Anchorage, Alaska. 

DORSEY & WHITNEY LLP 

Attorneys For 

Alaska Airlines, Inc., Stephen Camp, 

I'im Cook 

M. Lindemuth, ABA #9711068 

MOTION TO QUASH OR MODIFY CIVIL 

PENALTY SUBPOENAS 

Page 3 of4 

In the Matter of Smith Cable Systems, Inc. 

DMS NO. FAA-2009-0976 
06/29/2010 16:40 FAX 2024935142 FAA DMS @j004/006 

DORSEV & 

WHITNEY LLP 

1031 Wcsi Fourth 

Avenue 

Siiirc fiOO 

\iiJiyruge, AK.99S0I5yi.)7 

(907)276-4557 

CERTIFICATE OF SERVICE 

1 certify thai on this [V^ day of June, 2010,1 have served a copy of the .forgoing by 

postage-prepaid, certified mail, return receipt requested, facsimile, and email to: 

The Honorable Richard C. Goodwin 

Admini.strative Law Judtie 

Office of Hearings, M-20 

U.S. Department of Transportation 

1200 New Jersey Avenue, S.E. 

East Building Ground Floor, Room E12-320 

Washington, DC 20590 

Fax: (202)366-7536 

Email; Richard.Goodwin(5).dot.t i(<:/).dot.ppv 

I llirther certify that on thils /S ^>_ da y oTJJunc i , 2010,1 have served the original and two 

copies of ihe forgoing by postage-prepaid, certified mail, return receipt requested, and 

facsimile to: 

Federal Aviation Administration 

ATTN; Docket Clerk. AGC-430 

Wilbur Wright Building - Room 2014 

ROO Independence Avenue, SW 

Washington, DC 20591 

Fax; (202)493-5020 

I fuitlier certify that on this ^21 ^^V of June, 2010,1 have served a copy ol'the forgoing 

by postage-prepaid, first-class mail and facsimile to: 

Brent R. Cole 

Marston & Cole, P.C. 

821 N Street, Suite 208 

Anchorage, Alaska 99501 

Fax: (907)277-8002 

Craig Wm. Black 

Federal Aviation Administration 

Office of Regional Counsel 

222 West 7''" Avenue, Box 14, AAL-7 

Anchorage, Ala.ska 99513-7587 

Jahna M. Lindemuth, ABA #9711068 

MOTION TO QUASH OR MODIFY CIVIL 

PENALTY SUBPOENAS 

Page 4 of 4 

In the Matter of Smith Cable Systems, Inc. 

DMS NO. FAA-2009-0976 
r.i + DMS @1005/006 

06/29/2010 1G;40 FAX 2024935142 FAA 

U.S. DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

CIVIL PENALTY SUBPOENA 

In the Malter of; Docket No.: CP09AL0012 

SMITH CABLE SYSTEMS IMC. . DMS No.; 2009-0976 

-r„. TIM COOK 

Issued on: .V12/2010 

Under 14 C.F.R. § 13.228(a), YOU ARE REQUIRED: 

To appear and testify before an Administrative Law Judge of the Deparnneni of Transportation 

at: TT c i^jgrrl-r*- ^-"r^ , '^^'^ "^" ^ "^'"^ A-ir»Tiiia 

in the city of A„oK^^,.g^<>, Ai;.«Va on the ?Sr>i day of Jga e 2010_ 

at Q. DO . am 

[~| To appear and testify nt a deposition to be conducted by: ^___^ __^ 

at; 

in the city of on the ^__ ^ day of 20 

ut am 

Q To bring with you and produce the following documents, records, papers, books, and tangible items: 

If you have any questions about this subpoena, contact r-r-r.^^ ijm m a/-1c 

at this address and telephone number: 7^7 u^c r 7r>i AvgmiP ii\U. Anr>)nrflge. AK 99513 

_ ^ 907-?71-357fi 

M'fL^ i. WtA 

Stephanie McCIain 

Hearing Docket Clerk 

Autfiority: 14 C.F.R. § 13.228; 49 U.S.C. SS 5121 and 1.470K1). 0r49 U.S.C <jjj46lW and 106(g)(1) 

ANY PERSON WHO DOES NOT OBEY THIS SUBPOENA IS SUBJECT TO 

FINE OR IMPRISONMENT OR BOTH UNDER 49 U.S.C § 46313, 

EXHIBIT y^L 

Poge _J of _ i 
06/29/2010 1G:40 FAX 2024935142 FAA •> DMS laooe/ooG 

U.S. DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

CIVIL PENALTY SUBPOENA 

In the Matter of: 

SMITH CABLE SYSTEMS INC. 

Docket No. 

DMS No.: 

Issued on: 

CP09AL0012 

2009-0976 

5/12/2010 

To: STFPHFK PAWP 

Under 14 C.F.R. § 13.228(a), YOU ARE REQUIRED: 

Q To appear and testify before an Administrative Law .ludge of the Depanment of Transportation 

in the city of ft^.,->^^•r..<>^, Atacif,-. 

at q • nn , am 

on the ?Srh day of .June 

r i To appear and testify at a deposition to be conducted by: 

at: 

in the city of 

at _ ^ am 

2010 

on the day of 

[~| To bring wiih you and produce ihc following documents, records, papers, books, and tangible items: 

20 

Ifyou have any question.? about this subpoena, contact r-^-p^g u^ w] g/^if 

at this address and telephone number; ??> M^ar 7(-h Aupmii:. ihU, Anrhoragti. AK 99513 

. qn7-771-lS7n 

"^...<, t WCA^^ 

Stephanie McCIain 

Hearing Docket Clerk 

Authority; 14 C.F.R. S 13.228; 49 U.S'.C. §ii5121 and I,47(JK1), or49 U.S.C <!<i4610'< and IOG(g)(l) 

ANY PERSON WHO DOES NOT OBEY THIS SUBPOENA IS SUBJECT TO 

FINE OR IMPRISONMENT OR BOTH UNDER 49 U.S.C § 463U. 

EXHIBIT ^ 

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