12/30/2010 13;04 FAX 2024935142 FAA DMS 1001/008 

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KYT.EE.LOMAZOW 

FEDEIiAI. AVIATION ADMINISTRATION 

OmcE OF RHGIONAL COUNSEL ^ 

1601 LrND AVE.. SW 

RENTON, WASI-irNGTON 98057 

TELEPHONE: 425.227.1847 

FACSIMILE: 425.227.1007 

>-PARTMENTOF 

<ANSPORW!OM 

:Krr OPERATIONS 

c n 

R:ECEIVED 

DEC 2 2 S W 

[EARING POCKET 

In the Matter of; 

Corporate Air 

UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

FAA DOCKET CP1ONMOO10 

FAA Case No. 2008NM700126 

DMS No. FAA-2010-0975 

Judge Richard C. Goodwin 

COMPLAINANT'S INITIAL DISCOVERY REQUEST 

To: Respondent 

In accordance with 14 CFR Sections 13.220 and the Federal Rules of Civil Procedure, 

please respond to the following Jnterrogatories, Requests for Production of Docimients, and 

Request for Admission*;, .separately and fully under oath by January 17,2011. 

These discovery requests are intended to discover information and/or documents not only 

within Corporate Air's personal knowledge or obtainable by Corporate Air, but also information in 

the possession of or obtainable by Corporate Air's attorneys, investigators, representatives, 

employees, agents, OT anyone acting on Corporate Air's behalf or on its behalf. 

These discovery requests are continuing in nature and any information which may be 

discovered by Corporate Air subsequent to tlie .service and filing of Corporate Air's answers must 

be brought to the aiientjon of the agency attorney through supplemental answers when it becomes 

available to Corporate Air, at a reasonable time prior to ihe hearing in this matter. If there arc any 

additions, deletions or changes in the answers or inlbrmation provided at any time prior to hearing 

the Respondent is specifically requested to so immediately inform the agency attorney. If such 

information is not furnished, the agency attomey at the time of the hearing will move to exclude 

from evidence such information requested and not furnished. 

The agency attomey further requests that the Respondent produce the documents identified 

and designated herein for inspection and copying at the FAA Office of Regional Counsel, Suite 

570,1601 Lind Avenue, SW, Renton, Washington 98057, by January 17,2011. 

Complainant's Initial Discovery Rcque.T 

Corporate Air 2O08NM700126 & CPIONMOOIO 

Page I of R 

KYLt 1-:. LOMAZOW. pA A ATTORNnv 

TEL; 425.227.1847; FAX: 425.227,1007 
12/30/201 0 13:0 4 FAX 2024935142 FAA •>• DM S gl002/008 

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PRIVILEGE 

If, in responding to, or failing to respond to the.se Interrogatories, Requests For Admission 

and Requests For Production Corporate Air invokes or relics upon any privilege of any kind, state 

.specifically the nature of the privilege; the basis upon which Corporate Air invokes, relies upon, or 

claims it, including any statutory or decisional reference; and identify all documents or other 

information, including contacts and communications which Corporate Air believe to be embraced 

by the privilege invoked. 

DATED this 16th day of December 2010. 

KYT.E F. LOMAZOW 

FAA Attomey 

Complainant's Initial Discovery Request 

Corporate Air 2008NMI700126 &. CPIONMOOIO 

Page 2 of 8 

TET, 

KYLE E. LOMAZOW, FAA ATTORNEy 

: 125.227.) 847; FAX: 425.227.1007 
12/30/2010 13:04 FAX 2024935142 FAA •s- DM S 121003/008 

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S3 

INl'ERROGATORIES AND REQUESTS FOR PRODUCTION 

InterrogatorvNo. 1: Identify by name, address and telephone number all persons whom Corporate 

Air knows to have personal knowledge of the matters alleged in the Complaint and provide that 

person's home and business address and telephone number. 

InterrogatorvNo. 2: Identify by title, date, author, present custodian, and content, all documents, 

including correspondence, obtained by Corporate Air or in its possession, relating to the assertions 

in the Complaint, Corporate Air's Appeal, its Answer, and any affirmative defenses which 

Corporate Air anticipates raising in liiis matter. 

Interrogatory No. 3: Identify by name, address and telephone number, all persons whom Corporate 

Air intends to have testify as a factual or expert witness in its defense at the hearing in tlils matter, 

and for factual witnesses, provide a detailed summary of each persons anticipated testimony. 

Interrogaton' No. 4: Identify by title, date, author, present custodian, and content, all documents 

which Corporate Air anticipates offering into evidence at the hearing in this matter, and through 

which wimess or witnesses. 

Interroeatory No. 5: With respect to each expert witness identified in response to Interrogatory 

No. 3, above, specify their specific area of expertise, and provide a synopsis of tlieir credentials, 

background, ttaining and experience. 

liitcrrogatory No. 6: With respect to each expert Corporate Air expects to call as a witness, state the 

subject matter on which the expert is expected to testify, ai\d state the substance of the facts and 

opinions to which the expert is expected to testify, and a summary of the grounds for each such 

opinion. 

InterrogatorvNo. 7: State by name, address, telephone number, date of conversation, and substance 

of conversation, all persons [other than legal counsel] with whom Corporate Air has discussed the 

matters alleged in the Complaint. 

InterrogatorvNo. 8: Describe with specificity all of the facts which Corporate Air anticipates 

presenting in the course of the hearing in this matter pertaining to the avoidance or mitigation of the 

sanction sought by the FAA in this case. 

InterrogatorvNo. 9: Describe with specificity all ofihe documents Corporate Air anticipates . 

presenting in the course of the hearing in this matter to substantiate any financial inability to pay the 

proposed sanction sought by the FAA in this case. 

IntenogatorvNo. 10: Describe with specificity facts or evidence Corporate Air relies upon in 

support of any affirmative defenses raised in any Answer to the Complaint. 

InterrogatorvNo. 11: Identify by name and employee identification number, and provide the home 

and business address and the home and business telephone number of each of Corporate Air's 

employees, agents or contractors, including employees, agents and contractors of Federal Express, 

Inc.(hereafter FedEx), who used a scanner or other manual or electronic device to track or process 

Complainant's Initial Discovery Request 

Corporate Air 2008NM700126 & CP I ONMOO 10 

Page 3 of 8 

KYUE E. L0MA7.0W. FA A ATTORNEY 

TEL: 425,227.1847; FAX: 425.227.1007 
12/30/2010 13:04 FAX 2024935142 FAA DMS 121004/008 

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packages identified by the following tracking numbers for transportation by air of the paclcages 

referenced in this complaint on May 9, 2008 - May 16,2008: 

a. FedEx air waybill No. 0201 7900 11313014 

b. FedEx Tracking No. 8647 7419 16094 

c. FedEx Tracking No. 8648 5793 6503 

Interrogatory No. 12: Identify the name, business and home address and home and business 

telephone number of the Captain and if applicable, the First Officer for each flight on which 

shipments with FedEx Air waybill No. 0201 7900 1131 3014 and FedEx Tracking Nos. 8647 7419 

16094 and 8648 5793 6503 were transported. 

Interrogatory No. 13: For each individual identified in connection with the foregoing 

Interrogatories, identify whether the individtial was an employee of Corporate Air, FedEx, or some 

other entity (identify that entify) on May 9, 2008 through May 16,2008. 

Inteirogatoiv No. 14: Identify the portions of the manuals in effect on May 9,2008 through 

May 16, 2008, that Corporate Air used for training and for shipment processing operations that 

provide instruction, direction, or guidance to Corporate Air*s employees, agents and conttactors, 

pertaining to the identification and handling of HAZMAT identified as "TJN2428" and "Biological 

substances. Category B." 

InterrogatorvNo. 15: Describe with particularity, the actions that were performed by Corporate Air 

personnel in connection with the loading operation that was performed on May 9,2008, May 12, 2008 

and May 16, 2008, involving shipments bearing FedEx Air Waybill No. 0201 7900 1131 3014 and 

FedEx Tracking Nos. 8647 7419 16094 and 8657 4575 8980. 

REQUEST FOR PRODUCTION NO. 1: Provide copies of each and every document Corporate 

Air intends to introduce as evidence in this case. 

REQUEST FOR PRODUCTION NO. 2: Provide copies of any .statements made by witnesses 

identified in the preceding Interrogatories concerning, referring to, or involving the circumstances 

set forth in the Complaint. 

RJEOUEST FOR PRODUCTION NO. 3: Provide a current copy of the curriculum vitae for each 

expert identified in response to the proceeding Interrogatories. 

REQUEST FOR PRODUCTION NO. 4: Provide copies of aU documents that support each and 

every denial, if any, contained in Corporate Air's Answer to the Complaint in this case. 

REQUEST FOR PRODUCTION NO. 5: Provide copies of each and every document that support 

each and every affirmative defense, if any, contained in Corporate Air's Answer to the Complaint in 

this case. 

REQUEST FOR PRODUCTION NO. 6: Provide copies of each and evety dociuncnt lo which 

Corporate Air referred or relied upon in answering the foregoing requests for Interrogatories. 

Complainant's Initial Discovery Request 

Corporate Air 2OO8NM700126 & CP I ONMOOl 0 

Page 4 of 8 

KYT,EE. LOMAZOW, FA A ATTORNEY 

TEL: 425.227,1847; FAX: 425.227.1007 
12/30/2010 13:05 FAX 2024935142 FAA DMS [21005/0081 

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REQUEST FOR PRODUCTION NO. 7: Provide copies of any invoices, notes, memoranda or any 

other record that was ever made by any individual in connection with the transfer and/or 

transloadingofpackages bearing FedEx Air Waybill No. 0201 7900 1131 30l4and FedEx 

Tracking Nos. 8647 7419 16094 and 8648 5793 6503 iiom the time that FedEx came into 

possession of the packages bearing these air waybill and tracking numbers. 

RE017F.$T FOR PRODUCTION NO. 8: Provide copies of those portions of Corporate Air's 

training manual ihat were in efifcct on May 9, 2008 through May 16,2008, that provide instruction 

to Corporate Air's employees, agents, and contractors, pertaining to the identification and handling 

of HAZMA T identified as "UN2428" and "Biological substances. Category B." 

REQUEST FOR PRODUCTION NO. 9: Provide a copy of DOS 5 of Corporate Air's operations 

specifications in effect on May 9, 2008 through May 16,2008. 

REQUEST FOR PRODUCTION NO. 10: Provide the extract of the Ilazmat Manual from 

Corporate Air's General Operations Manual in effect on May 9, 2008 through May 16, 2008 

Complainant's Initial Discovery Request 

CorpoTHte Air 200aNM700126 & CPIONMOOIO 

Page 5 of 8 

KYLE E. LOMAZOW, FA A ATfORNEY 

TEL: 425,227.1847; FAX; 425.227.1007 
12/30/2010 13:05 FAX 2024935142 FAA DMS |00G/008| 

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REQUEST FOR ADMISSIONS 

Under 14 C.F.R. 13.220(b) and Rule 36 of the Federal Rules of Civil Procedure, Corporate Air is 

requested to admit the truth of the following matters. A matter is admitted unless responded to in a 

reasonable time. The Rules of Practice in FAA Civil Penalty Actions, 14 C.F.R. 13.220(d), defines 

a reasonable time to be thirty (30 days). The agency requests that an answer is served upon the 

agency attomey either admitting the matter, specifically denying the matter, stating why the matter 

cannot be admitted or denied, or objecting to the request, with reasons for tlie objection stated 

within ihirfy (30) days of the date of service upon Corporate Air, to wit; January 17,2010. 

REOUEST FOR ADMISSION NO. 1: Admit that on or about May 9, 2008, at or near Bozcman, 

Montana, Corporate Air accepted from Federal Express (hereafter, FedEx) a shipment (a fiberboard 

box) bearing FedEx Air Waybill No. 0201 7900 1131 3014 for transport in commerce. 

REOLTST FOR ADMISSION NO. 2: Admit that FedEx employees loaded this shipment on to a 

Corporate Air Cessna 208 aircraft, flight 7772-13, Tail No. N933FE, for transport to Great Falls, 

Montana. 

REQUEST FOR ADMISSION NO. 3: Admit that the shipment bearing FedEx Air waybill No. 

0201 7900 1131 3014 was stowed into the Zone 3/4 compartment of the Cessna 208, flight 7772-13, 

Tail No. N933FR. 

REQUEST FOR ADMISSION NO. 4: Admit that on or about May 16, 2008, at or near Wolf Point 

Montana, Federal Aviation Adminisfration (FAA) Hazardous Material Agents were conducting 

surveillance and observed offloading of another Corporate Air aircraft (FlYSA aircraft. Tail # 

N710FX) from Wolf Point, Montana. 

REQUEST FOR ADMISSION NO. 5: Admit that during off-loading operations, the agents 

observed two (2) improperly marked packages of Biological substances, Category B UN3373. 

Specifically, shipments being transported by FedEx Tracking Nos. 8647 4191 6094 and 8648 5793 

6503 did not have the "Biological Substances, Category" marking on the outer park nor did they 

have the UN3373 marking as described in 49 C.F.R. Section 173.199(a)(5). 

REQUEST FOR ADMISSION NO. 6: Admit that Corporate Air is a business entity that regulariy 

accepts or ttansports ha^cardous material (IlAZMA 1). 

REQUEST FOR ADMISSION NO. 7 Admit that pursuant to 14 C.F.R. Section 135, subpart A and 

K, Corporate Air is a "Will Carry" HAZMAT air earner. 

REQUEST FOR ADMISSION NO. 8: Admit that the rcque.sted S45,000 is consistent with tine 

Administrator's Sanction guidance tabic found at Appendix C to FAA Order 2150.3B 

Complainant's Initial Discovery Request 

Coqjorjilc Air 2008NM700126 &. CPIONMOOIO 

Page 6 of 8 

KYLE e. I.OMAZ0W, FAA ATrORNEY 

TEL: 425.227,1847; FAX: 425.227.1007 
12/30/2010 13:05 FAX 2024935142 FAA DMS 121007/008; 

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REOUF.ST FOR ADMISSION NO. 9: Admit that per FAA Order 2150.3B, Appendix C, 

Corporate Air is considered a Group 11 air carrier. 

REQUEST FOR ADMISSION NO. 10: Admit that on May 9,2008, May 12, 2008 and May 16, 

2008, Corporate Air pilots were in Corporate Air uniforms. 

REQUEST FOR ADMISSION NO. 11: Admit tliat on May 9,2008, May 12, 2008 and May 16, 

2008, pilots for the Corporate Air flights referenced in the Complaint were employees of Corporate 

Air. 

REQUEST FOR ADMISSION NO. 12: Admit that the Corporate Air flights referenced in the 

Complaint were under the operational control of Corporate Air. 

REQUEST FOR ADMISSION NO. 13: Admit that during the period of May 9, 2008 through 

May 16, fail No. N933FE was part of Corporate Air's Operations Specifications. 

REQUEST FOR ADMISSION NO. 14: Admit diat during the period of May 9, 2008 through 

May 16, Tail No. N710FX was part of Corporate Air's Operations Specifications, 

Complainsnt's Iniiial Discovery Request 

Consoraie Air 2008NM700126 & CP 1 ONMOO 10 

Page 7 of 8 

KVLB E. LOMAJJOW. FA A ATTORNF.Y 

TEL: 425.227.1847; FAX: 425,227.1007 
12/30/2010 13 05 FAX 2024935142 F .1 ^ •f UW i 

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CERTIFICATIE OF SERVICE 

I hereby certify that the foregoing Complainant's Initial Discovery Request has been served via 

facsimile and certified mail - Return Receipt Requested this date, to the following: 

The Honorable Richard C. Goodwin 

Office of hearings, M-20 

1200 New Jersey Avenue, S.E. 

East Building Ground Floor, Rm El 2-320 

Washington, D.C. 20590 

TEL: 202.366.2139 

FAX: 202.366.7536 

Federal A"viation Administration 

800 Independence Avenue SW 

Washington, D.C. 20591 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building - Suite 2W1000 

FAX: 202.493.5020 

Cynthia Chandler-Snell 

Federal Express Corporation 

3620 Hacks Cross Road 

Building B.S'*^ Floor 

Memphis, TN 38125 

TEL: 901.434.8361 

FAX: 901.434.8283 

Dated this 16ih day of December, 2010. 

MQIFAIR CHIN 

Office of Regional Counsel (ANM-7) 

Federal Aviation Administration 

1601 Lind Ave. SW 

Renton, WA 98057 

425,227.2160 

Complainant's InitiaJ Discovery Request 

Corporate Air2008NM7nOI26 & CPIONMOOIO 

Page 8 of 8 

KYLE F.. LOMAZOW, FA A ADORNE Y 

TEL; 425.227,1847; FAX: 425.227.1007