UNITEDSTATESOFAMERICA 

# RECEIVEr) DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS 

## JUN 

## 0I 2014 HEARING DOCKET WASHINGTON, D.C. *********************************************** In the Matter of Ridan Investments, Inc. Respondent. 

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### * * * *********************************************** FAA Docket No.: TO BE ASSIGNED FDMS No.: FAA-2013-1082 FAA Case No.: 2012S0700133 FAA Region: Western-Pacific Judge: Hon. Richard C. Goodwin SUPPLEMENT TO COMPLAINANT'S MOTION TO COMPEL, OR, IN THE ALTERNATIVE, MOTION TO EXTEND TIME TO CONDUCT DISCOVERY 

### To: Administrative Law Judge (ALJ) Richard C. Goodwin, and Respondent: Complainant hereby supplements its May 23, 2014 Motion to Compel, Or, 

### 1n the Alternative, Motion to Extend Time to Conduct Discovery, in order to add the following information: Complainant's argument that good cause exists for issuance ofan Order compelling Respondent to answer Complainant's First Set of Discovery (Discovery Requests) based uponthe fact that Respondent was notprejudiced by the alleged one (1) 

### business day delay in receivingthe discoveryrequests. Complainant served the Discovery Requests upon Respondent via United States Mail, certified mail, return-receipt requested. 1 

### The certified mail, return receipt card was received inthis office and shows itwas signed by "GriseldaB." "GriseldaB." appears to be Griselda Bastian, the same person who signed the Certificate ofService on Respondent's Answer and Respondent's Response to the discovery requests? The "Date of Delivery Box" on the

1 See ExhibitH (Declaration ofAntonia Garcia). 2 See Exhibit H, Exhibit C (Respondent's Answer) and Exhibit F (Respondent's Response).Certified Mail Receipt was left blank.3 A review of the United States Postal Service's Tracking Information website reveals that Respondent received the discovery requests on May 9, 2014.4 This further shows that Respondent was not prejudiced, and indeed, could have answeredthe discoveryrequests within 30 days. Therefore, Complainant respectfully requests that the ALJ issue an Order compelling Respondentto answer Complainant's discovery requests, or, inthe alternative, grant a motion extending timeto conduct discovery.
Respectfully submitted, NAOMITSUDA Regional Counsel
By:

# $,-h---~ General Attorney Dated: May 27,2014
CBAx7128/05-23-14/L:ADOLPH/CivAvEnf/CivPenalties/Hazmat!Ridan Investmentslnc/Supplementto Motion to Compel.doc

3 See Exhibit H, and ExhibitE, secondpage (CertifiedMail Receipt card, DiscoveryRequests). 4 See ExhibitI (USPS Trackiog Information sheet). 2

# Exhibit "H"DECLARATION OF ANTIONA GARCIA 

### I, ANTONIA GARCIA, declare as follows: All matters stated herein are within my own personal knowledge, and if called as a witness, I could and would competentlytestify as follows: 1. I am a Paralegal inthe Office ofthe Regional Counsel, Federal Aviation Administration, Western-Pacific Region. 2. On April 7, 2014, I mailed Complainant's First Set of Discovery, Ridan Investments, Inc., FDMS No. 2013-1082, FAA Case No.2012S0700133, by certified mail, retnrn receipt requested [tracking number 7011 2210 0002 6550 7200], and by regular first class mail at Respondent's counsel's address ofrecord at 550 North Parkcenter Drive, Suite 204, Santa Ana, 

### California 92705. A true and correct copy ofthe Certified Mail Receipt card is attached to the original May 23, 2014 Motion as Exhibit "E", secondpage. 3. The certified mail, return receipt card was received inthis office and shows it was signed by "GriseldaB."The "Date ofDelivery Box" onthe Certified Mail Receiptwas leftblank. Id. 4. I am informed and believe that "Griselda B." is Griselda Bastian, the same person who signed the Certificate of Service on Respondent's Answer and Respondent's Response to the discovery requests. A true and correct copy of Respondent's Answer and of Respondent's Response are attached to the original May 23, 2014 Motion as Exhibits "C" and "F." 5. On May 27, 2014, I entered the tracking number identified in paragraph 2 above. The United States Postal Service tracking information reveals that the discovery requests were delivered by the United States Postal Service on April 9, 2014, at 11:19 a.m. A true and correct copy ofthe USPS Tracking information sheet is attachedas Exhibit "I."I declare under penalty ofperjury under the laws ofthe United States ofAmerica thatthe foregoing is true and correct. Signedthis 271h day ofMay 2014, inHawthorne, CA.**~ON~clA** '

# Exhibit "I"English Customer USPS Service Mobile 

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OTHER USPS SITES Business Customer Gateway>CERTIFICATE OF SERVICE I hereby certify that on this date I have placed in the United States mail, postage prepaid, the executed original, and one copy of the SUPPLEMENT TO COMPLAINANT'S MOTION TO COMPEL, OR, IN THE ALTERNATIVE, MOTION TO EXTEND TIME TO CONDUCT DISCOVERY, addressed as follows: Hearing Docket Federal AviationAdministration 800 Independence Avenue, S.W. Washington, D.C. 20591 Attn: Hearing Docket Clerk, AGC-430 Wilbur WrightBuilding-Suite 2Wl000 I further certify thatonthis date Ihave placed inthe United States mail, postage prepaid, and sent viae-mail, a copy ofthe above, addressed as follows: The Honorable Richard C. Goodwin U.S. Administrative LawJudge Office ofHearings, M-20 U.S. Department ofTransportation 1200NewJersey Ave., S.E. (Ell-310) Washington, D.C. 20590 Attn.: PatriciaMatthews, StaffAssistant E-mail: Patricia.Matthews@dot.gov And by United States mail, postage prepaid, and sent via e-mail, a copy ofthe above, addressed as follows: Lawrence M. Burek (Counsel for Respondent) 550 North Parkcenter Drive, Suite 204 SantaAna, CA 92705 lburek@lsblawyers.com Dated: MAY 2'7 2014 

# {f2t;;£L Antonia L. Garcia, Paralegal Office ofthe Regional Counsel Federal AviationAdministration Western-Pacific Region Lawndale, California 3