-EF^RTMEMT OF 

U.S. DEPARTMENT OF TRANSPORTATION . ; :;,oSPpRTATION 

FEDERAL AVIATION ADMINISTRATION -' OPERATICNS 

IN THE MATTER OF 

JACK B.BARBER 

::"! JAN 2M P |: 5b 

RECEIVED 

FAA DOCKET NO. CP10AL0004 JA'A 2 0 2011 

(Civil Penalty Action) 

DMSNo.FAA-2010-1074 HEARING DOCKET 

COMPLAINANT'S MOTION TO COMPEL DISCOVERY 

In accordance with Rule 13.220(m), of the Rules of Practice in FAA Civil Penalty 

Actions, 14 C.F.R. § 13.220(m), the Complainant hereby files this motion to compel discovery. 

In support of this motion, the Complainant states the following: 

1. On November 18, 2010, the Complainant served its First Request for Discovery 

and requested that Mr. Barber respond within 30 days of that request (i.e., on or before 

December 20, 2010) in accordance with 14 C.F.R. § 13.220(d). See Attachment. 

2. As of the date of this motion, undersigned counsel for the Complainant has not 

received Mr. Barber's responses to the Complainant's First Request for Discovery. 

3. The information sought by the Complainant in its discovery request is relevant 

and essential to the Complainant's preparation for the hearing in this matter, which is to be held 

on or after March 1, 2011. 

The Complainant therefore respectfiilly requests that Mr. Barber be compelled to 

immediately provide the information and documents requested in the Complainant's First 

Request for Discovery or that he be precluded under 14 C.F.R. § 13.220(n) from: 

(a) presenting any evidence directly or indirectly based on the information or 

documents that he has failed to provide; or 
(b) presenting any testimony directly or indirectly based on the information or 

documents that he has failed to provide. 

Respectfully submitted, 

Peter J. Lynch 

Assistant Chief Counsel 

Enforcement Division, AGC-300 

Amanda K. Bruchs 

Attorney 

Enforcement Division, AGC-300 

Federal Aviation Administration 

Office of Chief Counsel 

800 Independence Ave., SW 

Washington, DC 20591 

Telephone: (202) 493-5548 

Facsimile: (202)267-5106 

Date: January 20, 2011 
CERTIFICATE OF SERVICE 

I hereby certify that on this date I have sent by certified mail, return-receipt requested, 

and facsimile, a copy of the foregoing motion in the case of In the Matter of Jack B. Barber, 

FAA Docket No. CP10AL0004, to: 

Jack B. Barber 

4501 Aircraft Drive 

Anchorage, AK 99502 

FAX: (907) 248-2993 

Hon. Richard C. Goodwin, Administrative Law Judge 

U.S. Department of Transportation 

Office of Hearings, M-20 

1200 New Jersey Ave., SE 

East Building, Ground Floor, Rm. El2-320 

Washington, DC 20590 

FAX: (202) 366-7536 

In addition, I hereby certify that on this date I have sent the original and one copy of the 

foregoing motion by hand delivery to: 

Federal Aviation Administration 

600 Independence Avenue, S.W. 

Wilbur Wright Building - Suite 2W1000 

Washington, D.C. 20591 

Attn: Hearing Docket Clerk, AGC-430 

V^^\M^^a^\^ 

Dated: January 20, 2011 
ATTACHMENT 
U.S. DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

IN THE MATTER OF 

JACK B.BARBER 

FAA DOCKET NO. 

(Civil Penalty Action) 

• DMS No. 

RECEIVED 

NOV 18 2010 

HEARING DOCKET 

COMPLAINANT'S FIRST REQUEST FOR DISCOVERY 

In accordance with section 13.220 of the Rules of Practice in FAA Civil Penalty Actions, 

14 C.F.R. § 13.220, the Complainant requests that Respondent Jack B. Barber provide to 

undersigned counsel the information and documents sought in the interrogatories and requests 

for production of documents set forth below on or before Monday, December 20,2010. 

Under 14 C.F.R. § 13.220(i), this is a continuing request, through the date of the hearing 

in this matter, for Respondent to supplement or amend his responses to the requests set forth 

belbw as soon as new or different information becomes known to him. 

DEFINrnONS 

1. The use of the words "you" and "your" refers to Jack B. Barber, his agents, his 

attorneys, and any other person(s) acting or purporting to act for him or on his 

behalf. 

2. Requests for statements include all statements recorded by any means including, 

but not limited to, printed or typewritten statements, handwritten statements or 

notes, e-mail, electronic recordings, and statements contained in memoranda, 

correspondence, or other documents. 
3. Requests for documents include all writings, drawings, graphs, tables, charts, 

photographs, and other data compilations from which information can be obtained 

or from which information can be translated, if necessary, into usable form. 

INTERROGATORIES 

1. Provide the name, occupation, and business address of each person you intend to 

call as a witness in this proceeding. 

2. For each witness identified in Interrogatory No. 1, identify the nature of the 

testimony to be provided (i.e., fact wdtness or expert witness), the subject matter 

about which each witness is expected to testify, and provide a summary of the 

testimony to be provided. 

3. For each witness identified as an expert in Interrogatory No. 2, identify the facts 

and opinions comprising the testimony of each wdtness; provide a summary of the 

grounds for each opinion; and detail the expertise possessed by each expert 

witness in the subject matter area on which the v^tness will testify. 

4. List all exhibits you intend to introduce as evidence in this case. 

5. Identify all documents in your possession that concern, refer to, or involve the 

circumstances set forth in the Complaint. 

6. Describe with particularity each and every fact on which you rely to support each 

and every denial, if any, that are or will be contained in your Answer to the 

Complaint. 

7. Describe with particularity each and every fact on which you rely to support each 

and every affirmative defense, if any, that are or will be contained in your Answer 

to the Complaint. 
REQUESTS FOR PRODUCTION OF DOCUMENTS 

1. Copies of all documents that you intend to introduce as evidence in this case. 

2. Copies ofall statements made by witnesses identified in the preceding 

interrogatories concerning, referring to, or involving the circumstances set forth in 

the Complaint. 

3. A current copy of the curriculum vitae for each expert identified in response to 

Interrogatory No. 2. 

4. Copies of all documents that support each and every denial, if lany, that are or will 

be contained in your Answer to the Complaint. 

5. Copies of all documents, that support each and every affirmative defense, if any, 

that are or will be contained in your Answer to the Complaint. 

6. Copies of all docimients to which you referred, or upon which you relied, in 

answering the preceding interrogatories. 

7. You must identify all docimients for which you claim privilege or any other 

objection as a ground for non-production. You must identify these documents 

chronologically as follows: 

a. date; 

b. title; 

c. type of document (e.g., memorandum, report, chart, e-mail, etc.); 

d. subject matter (without revealing the information for which privilege or 

statutory authority to withhold is claimed); 

e. factual or legal basis for the claimed privilege, or any other authority which 

provides the claimed ground for privilege. 
Respectfully submitted. 

Peter J. Lynch 

Assistant Chief Counsel 

Enforcement Division, AGC-300 

By: Amanda K. Bruchs 

Attomey, AGC-300 

Federal Aviation Administration 

OfiSce of the Chief Coimsel 

800 Independence Ave., S.W. 

Washington, D.C. 20591 

(202) 493-5548 

(202) 267-5106 (fax) 

Dated: November 18,2010 
CERTIFICATE OF SERVICE 

I certify that on this date I sent by certified mail, retum-receipt requested, a copy of the 

Complainant's First Request for Discovery in Matter of Jack B. Barber, FAA Docket No. , 

FAA Case No..2010AL910023 to: 

Jack B. Barber 

4501 Aircraft Drive 

Anchorage, AK 99502 

I also certify that on this date I hand-delivered the original and one copy of the 

foregoing document to: 

Federal Aviation Administration 

600 Independence Avenue, S.W. 

Wilbur Wright Building - Suite 2W1000 

Washington, D.C. 20591 

Attn: Hearing Docket Clerk, AGC-430 

^^^.^^u^ux-XW^ 

Dated: November 18,2010