u.s. DEPARTMENT OF TRANSPORTATio:R E c E I v ED 

OFFICE OF HEARINGS 

FEDERAL AVIATION ADMINISTRATION APR 2 1 2014 

FEDERAL AVIATION ADMINISTRATION, 

Complainant, 

vs. 

AIRBORNE MAINTENANCE AND 

ENGINEERING SERVICES, . 

Respondent. 

HEARING DOCKET 

Docket No. FAA-2013-0291 

FAA Case No. 2011S0290032 

Judge Sullivan 

MOTION TO COMPEL EXHffiiTS 

On April 3, 2014, the FAA filed a Motion to Compel compliance with two Notices of 

Deposition. On April 16, 2014, the undersigned received an e-mail from the Office of Hearings 

indicating that it had not received the attachments to that Motion, and requesting that the FAA 

submit them via facsimile. In an abundance of caution, the FAA hereby submits the exhibit 

copies via both facsimile and hardcopy to the Office of Hearing and to the Respondent. 

r'-- .· Res~~ submitted tbis/f_ day of April, 2014. · 

CHRISTOPHER STE SON 

Attorney 

Office of the Regional Counsel .. " 
CERTIFICATE OF SERVICE 

I hereby certify that the foregoing FAA's Motion to Compel Exhibits was sent: 

original and one copy via certified mail to: 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Washington, D.C. 20591 

Attention: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building- Suite 2Wl000 

one copy via certified mail and facsimile to: 

The Honorable J.E. Sullivan 

Administrative Law Judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

1200 New Jersey Avenue, SE (E11-310) 

Washington, DC 20590 

facsimile: (202) 366-7536 

one copy via certified mail and facsimile to: 

Robert P. Silverberg, Esq. 

1101 301

h Street, NW, Suite 120 

Washington, D.C. 20007 

Facsimile: (202) 944-3306 

C~fc~ s1 ant 

Office of the Regional Counsel 

!APR 1 6 201{ 

Dated 
U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

FEDERAL AVIATION ADMINISTRATION 

FEDERAL AVIATION ADMINISTRATION, 

Complainant, 

vs. 

AIRBORNE MAINTENANCE AND 

ENGINEERING SERVICES, 

Respondent. 

Docket No. F AA-2013-0291 

FAA Case No. 201180290032 

Judge Sullivan 

NOTICE OF DEPOSITION 

The Administrator hereby notifies Respondent and counsel that the Administrator will 

take Respondent's deposition testimony on oral examination at the following time and place: 

Deponent: 

Date: 

Time: 

Location: 

Airborne Maintenance and Engineering Services, Inc. 

April14, 2014 

lOAM 

Office ofthe Regional Counsel 

1701 Columbia Avenue 

College Park, GA 30337 

or such other time and place as the parties may mutually agree. The deposition will continue 

from day to day until completed. The deponent is required to be present at the noticed time, 

date, and place. The deposition(s) will be taken before a notary public or some other person duly 

authorized by law to administer oaths and will be recorded stenographically. 

The following areas of examination will be covered, and Respondent is required to identify 

particular individuals to speak for it on these subjects at deposition: 

as to each of the three aircraft in question, the actual steps taken during the reinstallation of 

the MLG and flying doors, including the manner in which the rigging was performed; 

as to each of the three aircraft in question, the physical condition of the main landing gear 

assembly, flying doors, and related components as of May 25, 201 0; 

GOVERNMENT EXalT 
as to each of the three aircraft in question, the actual status of the rigging of the flying doors 

as of May 2010; including the number, type, and location of bushing and shims and pins, and 

the actual corrective action taken by AMES on or after May 25, 201 0; 

the applicability (or non-applicability) of AMM 32-12-11 and its subsections to the 

reinstallation of the MLG and flying doors; 

as to each of the three aircraft, the identity of any individuals currently or formerly employed 

by AMES who have personal knowledge of the original reinstallation of the MLG and flying 

doors by AMES, the physical condition of the aircraft in May 2010, the status of the rigging 

in May 2010, and corrective actions taken by AEMS, and what personal knowledge each of 

those individuals has; 

any and all conversations by AMES personnel with FAA inspectors or CCIA personnel about 

the work performed by AMES and/or the condition of the aircraft in May 201 0; including the 

identity of the individual involved in those conversation, the identity of anyone else who has 

personal knowledge of those conversations, and what personal knowledge each of those 

individuals has; 

the basis for Respondent's assertions that any damage to the aircraft or components was 

simply the result of wear and tear; and 

the identity, contents, and significance of each of the doctunents produced by Respondent 

during discovery. 

Respectfully, 

e:::; 

CHRISTOPHER R. STEVENSON 

Attorney 

Office of the Regional Counsel 
CERTIFICATE OF SERVICE 

I hereby certify that the foregoing Notice of Deposition was sent: 

one copy via certified mail and facsimile to: 

Robert P. Silverberg, Esq. 

1101 30th Street, NW, Suite 120 

Washington, D.C. 20007 

Facsimile: (202) 944-3306 

s 

Office of the Regional Counsel 

MAR 2 0 2014 

Dated 
U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

FEDERAL AVIATION ADMINISTRATION 

FEDERAL AVIATION ADMINISTRATION, 

Complainant, 

VS. 

AIRBORNE MAINTENANCE AND 

ENGINEERING SERVICES, 

Respondent. 

Docket No. FAA-20 13-0291 

FAA Case No. 2011S0290032 

Judge Sullivan 

NOTICE OF DEPOSITION 

The Administrator hereby notifies Respondent and counsel that the Administrator will 

take deposition testimony on oral examination at the following time and place: 

Deponent: 

Date: 

Time: 

Location: 

Jeff Becker 

April16, 2014 

lOAM 

Office of the Regional Counsel 

1701 Colwnbia Avenue 

College Park, GA 30337 

or such other time and place as the parties may mutually agree. The deposition will continue 

from day to day until completed. The deponent is required to be present at the noticed time, 

date, and place. The deposition(s) will be taken before a notary public or some other person duly 

authorized by law to administer oaths and will be recorded stenographically. 

Respectfully, 

Attorney 

C~~ON Office of the Regional Counsel 

GOVERNMENT 

Ei§'IT 
CERTIFICATE OF SERVICE 

I hereby certify that the foregoing Notice of Deposition was sent: 

one copy via certified mail and facsimile to: 

Robert P. Silverberg, Esq. 

1101 30'h Street, NW, Suite 120 

Washington, D.C. 20007 

Facsimile: (202) 944-3306 

Leg s 

Office of the Regional Counsel 

i/;1\R 2 0 201iJ 

Dated 
Chris, 

RE:AMES 

Robert Silverberg 

to: 

Chris Stevenson 

03/28/2014 06:08PM 

Cc: 

Jeff Johnson 

Hide Details 

From: Robert Silverberg <rsilverberg@sgbdc.com> 

To: Chris Stevenson!ASO/FAA@FAA, 

Cc: Jeff Johnson <jjohnson@sgbdc.com> 

Page 1 of2 

Wilmington is where AMES is located and the deponents have their offices. I can't see how you can object to 

traveling to Wilmington under the circumstances. Certainly the rules do not require the deponents to make 

themselves available other than where they reside or are employed. 

Please advise when you and your witnesses would be available if April 10-11 is not convenient. 

Regards. 

Bob 

From: Chris.Stevenson@faa.gov [mailto:Chris.Stevenson@faa.gov] 

Sent: Friday, March 28, 2014 5:32PM 

To: Robert Silverberg 

Subject: Re: AMES 

Bob, 

I do not believe that a deposition location in Wilmington, Ohio, is a reasonable and appropriate one, given that 

Wilmington is outside of any major metropolitan area and is not served by any major airlines. I would however, be 

willing to discuss adjusting the deposition location to Cincinnati. 

Be advised that I am not available for depositions on April 10-11, nor is Inspector Lipinski. The most appropriate 

location for any depositions of FAA personnel may depend on the date. Please note that Inspector Steffey is 

stationed in Michigan, not Orlando. 

Christopher Stevenson 

Attorney 

Office of Regional Counsel 

FAA Southern Region 

( 404) 305-5200 

From: Robert Silverberg <rsilverberg@sgbdc.com> 

AS0-007, Office of Regional Counsel 

To: Chris Stevenson/ASO/FAA@FAA, 

Cc: Jeff Johnson <jjohnson@sgbdc.com> 

Date: 03/26/2014 04:52 PM 

Subject: AMES 

GOVERNMENT 

EXHIBIT 

C4/?J?014 
Page 2 of2 

Chris, 

I have received the notices of deposition for Jeff Becker and a AMES representative. 

I am not prepared to have the AMES deponents appear at your offices in Atlanta. They will be made available at 

the offices of AMES in Wilmington, Ohio. We will make a conference room available to you to take the 

depositions. You, of course, will have to arrange for the court reporter. 

I have a conflict on April14, 2014 and will not be available. Mr. Becker, the company representative and I will be 

available on April16 and, if necessary on April 17th. 

I will be sending you notices of deposition for Mr. Lipinski, Mr. Steffey and Mr. D'Arcy for April 10 and 11. Please 

let me know whether the deponents will be made available in Atlanta or Orlando. 

While we are hopeful the Judge will be ruling on the motions to compel shortly, there is a possibility that we will 

need to extend the fact witness deposition period in order to receive and review any responses/documents to 

which objections were raised but are subsequently ruled as being required to be produced. I just mention this 

now as a possibility. I am not proposing to seek an extension assuming the Judge makes a prompt ruling and the 

material to be produced by either or both parties is produced in time to prepare for the depositions. 

Please let me know where you would prefer to have the depositions taken of the FAA deponents. 

Regards. 

Bob Silverberg 

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The information transmitted is intended only for the person or entity to which it is addressed and is (1) subject to 

attorney-client privilege; (2) attorney work product; or (3) confidential. Any review, retransmission, dissemination 

or other use of, or taking of any action in reliance upon this information by persons or entities other than the 

intended recipient is unauthorized and strictly prohibited. If you received this in error, please contact the sender 

and delete the material from any computer. 

Robert P. Silverberg 

Silverberg, Goldman & Bikoff, L.L.P. 

1101 30th Street N. W 

Suite 120 

Washington, D. C. 20007 

rsilverberq@sqbdc.com 

direct line 202-944-3304 

fax 202-944-3306 

mobile 301-922-8895 

file://C:\Users\Chris Stevenson\AooData\Local\Temo\l\notesFFFii92\-wehli741.htm 4/2/2014