09/18/2012 06:04 4252271007 

JEFFREY M. H.A.RPER 

FAA OFFICE OF REGIONAL COUNSEL 

1601 LIND AVENUE SOUTHWEST 

RENTON, WASHINGTON 98057 

TELEPHONE: (425) 227-2161 

FACSIMJLE: (425) 227-1007 

ANM7 

UNITED STATES OF RICA 

In the Matter of: 

DEPARTMENT OF TRAN PORTATION 

OFFICE OF HEAR GS 

WASHINGTON, .C. 

FAAD cket: Not Assigned 

FAAC seNo. 2011NM070084 

DMS N .: FAA-2011-1293 

Cornerstone Aviation, Inc. 

To: Judge Goodwin 

MOTION IN LIM NE 

PAGE 02/06 

In accordance with 14 C.F.R § 13.218(a) (Rule 13.218(a)) and 49 C.F.R. § 9.7, Complainant 

moves for an Order prohibiting Respondent f'tom calling , 'AA e1.u.ployees as witnesses. 

Summary of Facts 

On December 5, 2012, Respondent requested a hearing in this matter. The Complaint was served 

December 15, 2012. Respondent has not :filed an Answer On July 24, 2012, Complainant 

served Respondent with a discovery request. OMS No. F -2011-1293-0006. Interrogatory 

No.3 asked Respondent to identi.:f.y its witnesses. Respo .ent's response to the discovery request 

was served on Complainant onAugu.st 22,2012. Exhibit l. In its response, Cornerstone 

indicates that it intends to call "Bernard Connelly- FAA SDO," "Lyn.dsay Carlson- FAA 

FSDO," and ••George Davjd Cawthra- FAA FSDO Mana er" as witnesses.ld at 2. The 

Response indicates they may be called as expert wi1nesse .Jd. at 1. 

Argument 

In proceedings in which the United States (including any ede:r:al agency) is a party, Agency 

employees may not testify as expert or opinion witnesses. 49 C.F.R. § 9.7(b). Further, 

employees may not testify as :fact witnesses absent p:r.ior a proval of Agency Counsel. I d. 

Compla.inan.fs Motion in Limine 

Cornerstone Aviatiou- 20ll.NM070084 

DMSNo. FAA·2011-1293 

Page 1 of3 

JEFFREYM. HARPER, FAA A TrOR'Nm" 

TEI~: (425) 227-2161; FAX: (425) 227·1 007 
09/18/2012 06:04 4252271007 ANM7 PAGE 03/06 

:Mr. Cawthra, Mr. Connolly, and Mrs. Car.lsonar.e, as Res ondent indicated, employees of the 

Federal Aviation Administration. Thus,§ 9.7(b) prevents Respondent from calling them as 

expert or opinion witnesses. 

Respondent may be able to call :Mr. Cawthra, Mr. Connol y, and Mrs. Carlson as fact witnesses. 

However, Respondent has failed to request prior approval of''agency counseL" Additionallyj 

respondent has failed to provide sufficient d.etail of the icipated testimony of Mr. Cawthra,. 

Mr. Connolly, and Mrs. Carlson for agency counsel tom e a determination under the standards 

found in 49 C.F.R. §§ 9.1(c) and 9.7(b). Complainant's I terrogatory No.3 requested that 

Respondent "for factual w:itn.esses, provide a detailed su . , mary of each person • s testhnony. '' 

Complainant has not provide the requested sur.n.macy_ 

Exhibits 

1. Respondent's Response to Discovery. 

Conclusion 

For the reasons stated above, Complainant respectfully re uests that an Order be entered barring 

Respondent fro:rn calling any FAA employees as w:i.tnesse ; to include Mr. Cawthra. Mr. 

Connolly, and Mrs. Carlson. In. the alternative~ Complain , t requests that an Order be entered 

barring Respondent from ell.ci.ting expert or opinion testi ony from any FAA employees, and 

requiring Complainant to state, with specificity, the facts espondent expects each individual 

will testify to. 

DATED this 18th day of September, 2012. 

J. 

:f~-~ M. Harper 

FAA Attorney 

Complainant's Motion in Limine 

Cornerstone Aviation -2011Nlvf070084 

DMS No. FAA-201 1·1293 

Page 2 of3 

JEFFREY M. HARl'E!t, FAA A TIO&'NF.Y 

TEJ~: (42S) 227-2161; l?AX: (425) 227·1 007