# u.s. DEPARTMENT OF TRANSPORTATio:R

# E

# cEI

# vED OFFICE OF HEARINGS FEDERALAVIATION ADMINISTRATION 

## APR 2 12014

FEDERAL AVIATION ADMINISTRATION, Complainant,
vs. AIRBORNEMAINTENANCE AND ENGINEERING SERVICES,
. Respondent. 

## HEARING DOCKET

DocketNo. FAA-2013-0291 FAA CaseNo. 2011S0290032
Judge Sullivan

MOTIONTO COMPELEXHffiiTS 

### 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 ofHearings 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 viabothfacsimile andhardcopy to the Office ofHearing andtothe Respondent. 

# r'-- .·

# Res~~ submittedtbis/f_day ofApril, 2014. · CHRISTOPHER STE SON Attorney Office ofthe Regional Counsel " 

# .. 

# I ICERTIFICATE OF SERVICE I hereby certifythattheforegoing FAA'sMotionto CompelExhibits was sent: original and one copyviacertified mail to: Federal Aviation Administration 800 Independence Avenue, S.W. Washington, D.C. 20591 Attention: Hearing Docket Clerk, AGC-430 Wilbur WrightBuilding- Suite 2Wl000
one copy via certified mail and facsimile to: The Honorable J.E. Sullivan Administrative LawJudge Office ofHearings, M-20 U.S. Department ofTransportation 1200NewJerseyAvenue, SE (E11-310) Washington, DC 20590 facsimile: (202) 366-7536
one copyviacertified 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 ofthe Regional Counsel 

## !APR 1

## 6 201{ DatedU.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS FEDERAL AVIATIONADMINISTRATION

FEDERAL AVIATION ADMINISTRATION, Complainant,
vs. AIRBORNE MAINTENANCE AND ENGINEERING SERVICES, Respondent. DocketNo. FAA-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 andplace: Deponent: Date: Time: Location: Airborne Maintenance and Engineering Services, Inc. April14, 2014 lOAM Office oftheRegional 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, andplace. The deposition(s) will betaken before a notary public or some otherperson 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 particularindividuals to speak for it onthese subjects at deposition:
as to each ofthe three aircraft in question, the actual steps taken during the reinstallation of the MLG and flying doors, including the manner in whichthe rigging was performed;
as to each ofthe three aircraft in question, the physical condition ofthe main landing gear assembly, flying doors, and relatedcomponents as ofMay 25, 2010;



### GOVERNMENT 

# EXalTas to each ofthe three aircraft in question, the actual status ofthe rigging ofthe flying doors as ofMay 2010;including the number, type, and location ofbushing and shims andpins, and the actual corrective actiontakenby AMES on or after May 25, 2010; the applicability (or non-applicability) of AMM 32-12-11 and its subsections to the reinstallation ofthe MLG and flying doors;
as to each ofthe three aircraft, the identity ofany individuals currently or formerly employed by AMES who have personal knowledge ofthe original reinstallation ofthe MLG andflying doors by AMES, the physical condition ofthe aircraft in May 2010, the status ofthe 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 CCIApersonnel about the work performedby AMES and/orthe condition ofthe aircraft in May 2010; including the identity ofthe individual involved in those conversation, the identity ofanyone 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 ofwear andtear; and the identity, contents, and significance of each of the doctunents produced by Respondent during discovery. Respectfully,



# e:::; CHRISTOPHERR. STEVENSON Attorney Office ofthe Regional CounselCERTIFICATE OF SERVICE I hereby certify that the foregoing Notice ofDeposition was sent:
one copyvia 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 ofthe Regional Counsel 

### MAR 20 

## 2014 DatedU.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS FEDERAL AVIATION ADMINISTRATION

FEDERAL AVIATION ADMINISTRATION, Complainant,
VS. AIRBORNE MAINTENANCE AND ENGINEERING SERVICES, Respondent. DocketNo. 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 andplace: Deponent: Date: Time: Location: JeffBecker April16, 2014 lOAM Office ofthe 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, andplace. 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,

# C~~ON Attorney Office ofthe Regional Counsel

GOVERNMENT Ei§'ITCERTIFICATE OF SERVICE I hereby certify thatthe foregoing Notice ofDeposition 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 ofthe Regional Counsel i/;1\R 2 

## 0 201iJ DatedChris, RE:AMES Robert Silverberg to: Chris Stevenson 

### 03/28/2014 06:08PM Cc: JeffJohnson Hide Details From: Robert Silverberg <rsilverberg@sgbdc.com> To: Chris Stevenson!ASO/FAA@FAA, Cc: JeffJohnson <jjohnson@sgbdc.com> Page 1of2

Wilmington is where AMES is located and the deponents have their offices. I can't see howyou 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 yourwitnesses would be available ifApril 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. Iwould 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: JeffJohnson <jjohnson@sgbdc.com> Date: 03/26/2014 04:52 PM Subject: AMES GOVERNMENT EXHIBIT

# C4/?J?014Page 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 youroffices in Atlanta. They will be made available at the offices ofAMES in Wilmington, Ohio. We will make a conference room available to you to take the depositions. You, ofcourse, 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 Iwill be available on April16 and, if necessary on April 17th. Iwill be sending you notices ofdeposition for Mr. Lipinski, Mr. Steffey and Mr. D'Arcy for April 10 and 11. Please let me know whetherthe 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 thatwe 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. Ijust 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 ofthe FAA deponents. Regards. Bob Silverberg

PRIVILEGED AND CONFIDENTIAL The information transmitted is intended only forthe 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, ortaking ofany action in reliance upon this information by persons or entities otherthan the intended recipient is unauthorized and strictly prohibited. Ifyou received this in error, please contact the sender and delete the material from any computer. RobertP. Silverberg Silverberg, Goldman & Bikoff, L.L.P. 1101 30th StreetN. W Suite 120 Washington, D. C. 20007 rsilverberq@sqbdc.com directline 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