UNITED STATES OF AMERICA 

### U.S. DEPARTMENT OF TRANSPORTATION

FEDERALAVIATION ADMINISTRATION WASHINGTON, D.C.
IN THE MATTER OF EXECUTIVE FLITEWAYS, 

### INC. FAA DOCKETNO. F AA-2013-1085 (Civil Penalty Action) FAA CASE NO. 201280950377 

# RECEIVED MAY -5 2014 HEARING DOCKET

COMPLAINANT'SREQUEST FOR DISCOVERYAND PRODUCTION OF DOCUMENTS Pursuantto the discovery guidelines set forth in section 13.220 ofthe Rules ofPractice in Federal Aviation Administration Civil Penalty Actions, 14 C.F.R. 

### § 13.220, Complainant, the Federal Aviation Administration, hereby requests that Respondent, Executive Fliteways, Inc. ("Executive"), provide to counsel for Complainant all of the information requested in this discovery request as providedbelow. The requested information should be sent to: Michael F. McKinley, Senior Attorney, Enforcement Division, AGC-300, Office ofthe ChiefCounsel, Federal Aviation Administration, 800 Independence Avenue, S.W., Washington, D.C. 20591, facsimile (202) 267-5106, no later than 28 days after service ofthis discovery request. All documents requested which the responding individual claims privilege or any other objectionas a ground for non-production shall be identified chronologically as follows: (a) date; (b) title;(c) type ofdocument (e.g., memorandum, report, chart, etc.); (d) subject matter (without revealing the information as to which privilege or statutory authority is claimed); (e) factual or legal basis for the claimed privilege, or any other authority which provides the claimed groundfor privilege. This discovery is a continuing request, through the date ofthe hearing inthis matter, for Respondent to supplement or amend his answers and produce documents if new or different information ornew or different documents are obtained during the pendency ofthis matter. New evidence should be provided in accordance with section 13.220(i) ofthe Rules ofPractice, 14 C.P.R. § 13.220(i). DEFINITIONS 1. Use of"you" and "your" refers to Executive's agents, Executive's attorneys, and any otherperson(s) acting or purporting to act for or onbehalfofExecutive. 2. The words "and" and "or" shall be construed conjunctively and disjunctively as necessary to make the request inclusive rather than exclusive. The word "including" shall be construed without limitation. 3. The words "document" and "statement" mean, without limitation, the following items, whether printed or recorded or reproduced by any mechanical or electronic process or written or produced by hand: agreements, communications, correspondence, memoranda, ' summanes or records of telephone conversations, summaries or records of personal conversations or interviews, diaries, graphs, reports, notebooks, note charts, plans, drawings, sketches, maps, summaries or reports of investigations, opinions or reports of consultants, photographs, motion picture films, brochures, pamphlets, advertisements, circulars, press



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### releases, drafts, letters, and marginal comments appearing on any document, and other data compilations from which information can be obtained or translated, ifnecessary, into reasonably usable form. 4. The words "describe" and "state" mean to set forth each fact, consideration, circumstance, act, omission, event, transaction, occurrence or statement which supports, refutes, concerns, relates or refers to the matter(s) referenced or described in the interrogatory, and in addition, means to identity each oral communication and each document which concerns, refers
or relates to such fact, consideration, circumstance, act omission, event, transaction, occurrence
or statement. INTERROGATORIES 

### 1. Identity each and every person Respondent intends to call as a witness in this proceedingbyproviding the person's name, occupation, andbusiness address. 2. For each and every witness identified in answer to Interrogatory No. 1, state the nature ofthe witness's testimony (i.e. factual witness or expert witness); the subject matter upon which each intended witness is expected to testifY; the facts and opinions to which the witness is expected to testify; and a narrative summary of the grounds for each opinion to which the witness willtestifY. 3. For each and every witness identified as an expert in answer to Interrogatory No. 2, state in detail the expertise possessed by each expert witness inthe subject matter area on whichthe witness will opine. 4. List all exhibits you intendto use atthe hearing inthis case. 5. For each ofthe paragraphs in the Complaint in this matter you deny in whole or part in your Answer, describe with particularity the basis for each denial. Identify the Complaint

3paragraph by number, for each that you deny in whole or part, and state the specific basis for yourdenial ofthatparagraph. Identify each and every fact that supports yourdenial.
REQUESTS FORPRODUCTION OF DOCUMENTS 1. For each ofthe paragraphs in the Complaint you deny in whole or part, identify andprovide any and all documents onwhich yourely in support ofyour denial(s). Yourresponse to this Request should identify which denial(s) is/are addressed by each document provided in response to thisrequest. 2. Provide copies of any document to which you referred to or relied upon in answering the immediately preceding interrogatories. For each document produced, identity the interrogatory thatitpertains to for whichyoureferencedthe document. 3. For each and every witness identified as an expert m the preceding interrogatories, provide a copy ofhis orher current curriculum vitae. 4. Provide copies of all documents that Respondent intends to introduce into evidence thathave not alreadybeen submittedto Complainant. 5. Provide copies of any statements made by witnesses identified in the preceding interrogatories concerning, referring to, orinvolving the circumstances set forth inthe complaint. Respectfully submitted, 

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# ll/~~ Michael F. McKinley 

## I Senior Attorney EnforcementDivision Date: May 1, 2014



### 4CERTIFICATE OF SERVICE
I hereby certifythat I delivered byU.S. Certified Mail the original and one copy oftbe foregoing Requestfor Discovery andProduction ofDocuments inIn the Matter of Executive Fliteways. Inc, FAADocketNo. FAA-2013-1085, CaseNo. 2012S0950377,to: Federal AviationAdministration 800 Independence Ave., S.W. WilburWright Building-Suite 2W1000 Washington, D.C. 20591 ATTN: Hearing Docket Clerk, AGC-430 In addition, I hereby certifythatI served a copy ofthe same byU.S. Certified Mail, returnreceiptrequested, addressed to the following: Mr. Kenneth S. Gray Respondent's Representative Director ofOperations Executive Fliteways, Inc. One ClarkDrive Ronkonkoma, NY 11779
Hon. J.E. Sullivan Administrative LawJudge Office ofHearings, M-20 U.S. Department ofTransportation 1200 NewJerseyAvenue, S.E. (El1-310) Washington, DC 20590

Michael F. McKinley / SeniorAttorney
Date: May 1, 2014

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