# RECEIVED UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS

WASHINGTON, D.C. 

## JUN 112014 

## HEARING DOCKET *********************************************** 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 COMPLAINANT'S MOTION TO COMPEL, OR, IN THE ALTERNATIVE, MOTION TO EXTEND TIME TO CONDUCT DISCOVERY


### To: Administrative LawJudge (ALJ) Richard C. Goodwin, and Respondent: Pursuant to 14 C.F.R. section 13.218 ofthe Rules ofPractice in FAA Civil Penalty Actions', Complainant, Federal Aviation Administration (Agency), moves for an Order compelling Respondent to respond to the Agency's First Set of Discovery, or in the alternative, to extend the time period to conduct discovery, or other reliefas the court deems appropriate. FACTS 

### On February 14, 2014, Complainant served its Complaint in this matter? On March 4, 2014, the ALJ served his Procedural Order on the parties. 3 

### On March 24, 2014, Respondent served its Answer.4 

### Respondent's Answer generally responded to each factual allegation that it "lacks sufficient information and beliefto admit or deny the allegations and denies on that basis."5 

### Subsequently, this case was transferred from Complainant's Southern

1 14 C.F.R. §13.218. 2 See Exhibit A (Complaint). 3 See ExhibitB (Procedural Order). 4 SeeExhibit C (Answer). 5 ld.

### Region to Complainant's Western-Pacific Region because the Procedural Order set the location for a hearing in Long Beach, Califomia.6 

### During approximately the week ofMarch 17, 2014, this matter was assigned to the undersigned. The undersigned prepared discovery
on or about April4, 2014 and took pre-approved leave during the week ofApril 7, 2014. On April 7, 2014, Complainant served a Notice ofAppearance by U.S. mail.7 

### On the same day, Complainant also servedthe prepared discovery requests on RespondentbyU.S. mail. 8 

### On May 19, 2014, Complainant received Respondent's response to the discovery requests. 9 

### Respondent did not answer any of the discovery requests because it claimed discovery had to be concluded by May 9, 2014 pursuantto the ALJ's Procedural Order. 10 

### On May 23, 2014, Complainant's substituted counsel contacted Respondent's counsel in orderto meet and confer prior to filing this instant motion. 11 

### Althoughthe meet and confer discussion
was productive, it did not result in an agreement or stipulation for Respondent to answer Complainant's discovery requests. ARGUMENT 

### As Respondent references in its Response, pursuant to section 13.211(d) ofthe Rules ofPractice, the date of service is the mailing date shown on the certificate of service, and after service by mail, an additional five (5) days is added to the prescribed period for a response. 12 

### Accordingly, Complainant avers that Respondent's responses to Complainant's Discovery Requests were due on or before May 12, 2014. However, Complainant would be

6 See Exhibit B (Procedural Order). 7 See Exhibit D (Amended Notice ofAppearance). OriginalNotice served onApril 7, 2014 with incorrect FDMSNo. 'SeeExhibitE (Complainant's First Set ofDiscoveryto Respondent). 9 See ExhibitF (Respondent's Response to Discovery). 10 Id. n See Exhibit G (Declaration ofComplainant's Counsel). 12 14 C.F.R. §13.2ll(d). 2

### prejudiced in its preparation for hearing without responses to discovery. Good cause exists for Respondent to respond to Complainant's discovery requests. First, May 9, 2014, was a Friday. May 12, 2014, was a Monday. Thus, Complainant's discovery was one (1) business day late. Consequently, any such time delay
was de minimis and did not prejudice Respondent. Second, good cause exists to extend discovery and excuse this one (1) business day delay because no hearing date has been scheduled. Thus, answering Complainant's discovery would not prejudice Respondent in its preparationfor a hearing or litigation during pendency ofa hearing date. Without responses to the propounded discovery, Complainant will be hampered in its ability to prepare for a hearing in this matter. Specifically, Complainant's discovery requests generally seek information and documents regarding Respondent's basis for denying each paragraph in the Complaint; identification and information regarding documents Respondent intends to present at hearing; identification and information regarding witnesses to be presented at hearing; identification and information regarding experts to be presented at hearing, if any, and the substance of their anticipated testimony; and additional facts underlying affirmative defenses that Respondent raised in its Answer, including its affirmative defense ofa financial inabilityto pay the proposed civil penalty of$55,000.00 13 

### Furthermore, Complainant believes that its Requests for Admissions would promote judicial economy here, as they seek admission ofseveral facts that Complainant believes are not reasonably subject to dispute here. 14 

### IdentifYing and stipulating to these issues would promote a faster, more-streamlinedhearing.

13 See ExhibitE (Complainant's First Set ofDiscoveryto Respondent). 14Id. 3

### Therefore, Complainant requests that the ALJ issue an Order compelling Respondent to provide separate and complete answers to each ofthe pending discovery requests sent on April 7, 2014, or, in the alternative, an Order extending the discovery completion date. Complainant would also agree to extending time for Respondent to serve discovery such that it would not be prejudiced by any extension. To date, no discovery has been served on Complainant by Respondent.
Respectfully submitted, NAOMI TSUDA Regional Counsel

# By:~ c{))TAdOlPh General Attorney Dated: May 23, 2014
CBAx7128/05-23-14/L:ADOLPH/CivAvEnf/CivPenalties/Hazmat!Ridan Investrnentslnc/Motionto Compel.doc

4CERTIFICATE 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 ofthe 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 Wright Building-Suite2W1000 I further certifY that onthis date I haveplaced inthe United States mail, postage prepaid, a copy ofthe above, addressed as follows: The Honorable Richard C. Goodwin U.S. Administrative Law Judge Office ofHearings, M-20 U.S. Department ofTransportation 1200 NewJersey Ave., S.E. (Ell-310) Washington, D.C. 20590 Attn.: PatriciaMatthews, StaffAssistant And by United States mail, postage prepaid, a copy ofthe above, addressed as follows: Lawrence M. Burek (Counsel for Respondent) 550 North ParkcenterDrive, Suite 204 Santa Ana, CA 92705 Dated: MI\Y 23 2014

# ~~,~~**01<=-~-;** Jefferey K be;g, a! Technici;n {/ Office ofthe Regional Counsel Federal AviationAdministration Western-Pacific Region Lawndale, California



### 5

# Exhibit 

# "A"U.S. Department of Transportation Federal Aviation Administration



### FEB 1 4 2014 Southern Region Office of the Regional Counsel

CERTIFIED- RETURN RECEIPT REQUESTED Hearing Docket Clerk FAA, AGC-430, Suite 2WIOOO Wilbur Wright Building 800 Independence Avenue, SW Washington, DC 20591 P.0. Box 20636 Atlanta, Georgia 30320 (404) 305-5200 (404) 305-5223 FAX

Re: In the Matter ofRidan Investments, Inc. FAA Case No. 2012S0700133 Enclosed herewith please tlnd a copy ofa request for hearing and the original and one copy of the Complaint in the above-referenced proceeding. The FAA requests that the hearing in this matter beheld in the Atlanta, Georgia area, and expects that the hearing will last two days. Please address all communications for the FAA to the undersigned, at: Federal Aviation Administration Oftlce ofthe Regional Counsel, AS0-7 Southern Region P.O. Box 20636 Atlanta, Georgia 30320 Telephone: (404) 305-5200, facsimile (404) 305-5223.

# ~~rv CHRISTOPHER R. STEVENSON Attorney
EnclosuresPostage $ f----------1 Certified Fee Return Receipt Fee (Endorsement Required)

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Total Postage & Fees !$ rn Total Postage & Fees [ $ ..11U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS FEDERAL AVIATION ADMINISTRATION

FEDERAL AVIATION ADMINISTRATION. Complainant,
vs. Ridan Investments, Inc. Respondent.
JUDGE NOT YET ASSIGNED FAA Docket No. Judge

COMPLAINT The Federal Aviation Administration (FAA), by counsel, hereby files its Complaint, pursuant to Rule 208 ofthe Rules ofPractice (14 C.F.R. 13.208), and states as follows: I.

· 1. On January 14,2014, Respondent, Ridan Investments, Inc. was advised through a Final Notice ofProposed Civil Penalty that the FAA proposed to assess a civil penalty in the amount of$55,000. On February 3, 2014, the Agency Attorney received a written request for a hearing fi-om the Respondent. II. 2. On or about February 19, 20I2, Ridan Investments, Inc. (Ridan) knowingly offered to Federal Express a one-piece shipment consisting ofa fiberboard box containing hazardous materials for transportation by air. 2. The above-mentioned shipment was assigned Federal Express air waybill number 798070503924. The shipment was offered by Ridan for transportation to the consignee, Chris Bithell, 29307 Rohdin Place, Wesley Chapel, FL 33545. 3. At all times mentioned herein, the above-mentioned shipment was not accompanied by a Shipper's Certification or Declaration ofDangerous Goods.4. On or about February 19, 2012, the above-mentioned shipment was flown on a regularly scheduled Federal Express cargo flight in air transportation to the Federal Express sort facility in Orlando, Florida. 5. On or about February 19, 2012, ground-handling personnel at the Federal Express sort facility discovered the above-mentioned shipment leaking. 6. The above-mentioned fiberboard box contained two aerosol cans of MOTUL Chain Lube

- Off Road and two aerosol cans of K&N Air Filter Oil #99-0156, totaling approximately 40 fl. oz. 7. (a) MOTUL Chain Lube- OffRoad and K&N Air Filter Oil are classified as**ha~ardous** materials under the Department of Transportation Hazardous Materials Regulations (HMR) (49 C.F.R. § 172.101). (b) The proper shipping name ofthe material is Aerosol, flammable, n.o.s. It is in Hazard Class 2.1 (Flammable Gas), and has an assigned identification number ofUN 1950. The proper label is FLAMMABLE GAS. 8. Ridan offered the above-described shipment of hazardous material for transportation by air without shipping papers that included: (a) the assigned identification number prescribed for each hazardous material; (b) the proper shipping name prescribed for each hazardous material; (c) the hazard class prescribed for each hazardous material; (d) the total net mass perpackage ofeach hazardous material; and, (e) the number and type ofpackages containing hazardous material. 9. Ridan ottered the above-described shipment of hazardous material for transportation by air and tailed to: (a) certify that the materials were in accordance with the HMR (49 C.F.R. §§ 171, et !ifC.!.) by printing on the shipping papers the cetiification set forth in § I72.204(a)( I), !72.204(a)(2), or § 172.204(c) ofthe HMR; (b) prepare the required certifications in duplicate; and, (c)
... add tothe**certifi£,atiol!J~<J.uired inthi~_.section**  the following statement: "I

- -··aecla'fe that'aH ofthe applicable air transport requirements have been met." I0. Ridan offered the above-described shipment of hazardous materials for transportation by air when:(a) the outer container was not marked with the proper shipping name ofeach hazardous material contained therein; and (b) the outer container was not marked with the assigned identification number ofeach hazardous material contained therein. II. Ridan offered the above-described shipment of hazardous material for transportation by air and failed to make emergency response information available for use at all times the hazardous material was present. 12. Ridan offered the above-described shipment of hazardous material for transportation by air and failed to make an emergency response telephone number immediately available to the appropriate oftlcial person designated to respond to an incident involving a hazardous material, or who was conducting an investigation involving a hazardous material. 13. Ridan offered the above-described shipment of hazardous material for transportation by air and failed to ensure that each of its hazmat employees was trained in accordance with the prescribed requirements as set forth in Section 172.704.
III. 14. Byreason ofthe above, Ridan violated the following Department of Transportation Hazardous Materials Regulations (Title 49 ofthe Code ofFederal Regulations): 1. Section 171 .2(e) in that Ridan offered or transported a hazardous material for transportation in commerce when the hazardous material was not properly classed, described, packaged, marked, labeled, and in condition for shipment as required or authorized by applicable requirements of this subchapter, or an exemption, approval, or registration issued under this subchapter or under subchapter A ofthis chapter. 2. Sections 172.200(a) and 172.202(a)(l) in that Ridan offered a hazardous material for transportation and failed to describe the hazardous material on shipping papers including the identification number prescribed for the material as shown in Column 4 ofthe § 172.101 Table, in the manner required by this subpart. 3. Sections 172.200(a) and 172.202(a)(2) in that Ridan offered a hazardous material for transportation and failed to describe the hazardous material on shipping papers including the proper shipping name prescribed for the material as shown in Column 2 ofthe§ 172.101 Table. 4. Sections 172.200(a) and 172.202(a)(3) in that Ridan offered a hazardous material for transportation and failed to describe the hazardous material on shipping papers including the hazard class or division number prescribed for the material as shown in Column 3 of the § 172.101 Table.5. Sections 172.200(a) and 172.202(a)(6) in that Ridan offered a hazardous material for transportation by aircraft and failed to describe the hazardous material on shipping papers showing the total mass perpackage, unless a gross mass is indicated in Columns (9A) or (9B) of the § 172.101 Table in which case the total gross mass per package must be shown; or , for Class 7 materials, the quantity ofradioactive must be shown by activity. 6. Sections 172.200(a) and 172.202(a)(7) in .that Ridan offered a hazardous material for transportation and failed to describe the hazardous material on shipping papers indicating the number and type ofpackages (for example, "12 drums"). 7. Sections 172.204(a) or (c)(l) in that Ridan offered a hazardous material for transportation and failed to certify that the material was offered for transportation in accordance with this subchapter by printing on the shipping paper containing the required shipping description one ofthe certifications set forth in this part. 8. Section 172.204(c)(2) in that Ridan offered a hazardous material to an aircraft operator for transportation by air and failed to provide two copies ofthe certification required in this section. 9. Section 172.204(c)(3) in that Ridan offered for transportation by air a hazardous material authorized for air transportation and failed to add to the certification required in this section the following statement: "I declare that all ofthe applicable air transport requirements have been met." 10. Section 172.301(a) in that Ridan offered for transportation a hazardous material in a non-bulk packaging and failed to mark the package with the proper shipping name and identification number (preceded by "UN" or "NA", as appropriate) for the material as shown in the §172.101 table. 11. Section 1 72.30l(b) in that Ridan offered for transportation a hazardous material and failed to mark each non-bulk package containing hazardous materials subject to the provisions of§ 172.203(k) ofthis part with the technical name in parentheses in association with the proper shipping name in accordance with the requirements and exceptions specified for display oftechnical descriptions on shipping papers in § 172.203(k) ofthis part. 12. Section 172.400(a) in that Ridan offered for transportation ahazardous material in one ofthe packages or containment devices listed in this subpart and failed to label the package or containment device with the labels specified for the material in the §172.1 01 Table and in this subpart.13. Section 172.600(c)(l) in that Ridan offered for transportation a hazardous material and failed to make the
. emergency response information conforming to this subpart immediately available for use at all times thehazardous material was present.14. Section 172.600(c)(2) in that Ridan offered for transportation a hazardous material and failed to make emergency response information including the emergency response telephone number, immediately available to any government agency responding to an incident involving hazardous materials or conducting an investigation which involves a hazardous material. 15. Sections 172.600 and 172.602(b)(2) in that Ridan offered for transportation a hazardous material for transportation and failed to make the emergency response information available for use awayfrom the package containing the hazardous material. 16. Sections 172.600 and 172.602(b)(3) in that Ridan offered for transportation a hazardous material and failed to present the emergency response information- (i) on a shipping paper; (ii) in a document, other than a shipping paper, that includes both the basic description and technical name of the hazardous material as required.. and the emergency response information required by this subpart (e.g., a material safety data sheet); or (iii) related to the information on a shipping paper, a written notification to the pilot-in-command, or a dangerous cargo manifest, in a separate document (e.g., an emergency response document), in a manner that cross-references the description of the hazardous material on the shipping paper with the emergencyresponse information contained in the document. 17. Section 172.604(a)(I) in that Ridan alTered a hazardous material for transportation and failed to provide a 24-hour emergency response telephone number (including the area code or international access code) which was monitored at all times the hazardous material was in transportation, including storage incidental to transportation, for use in the event ofan emergency involving the hazardous material. 18. Section 172.604(a)(2) in that Ridan otlered a hazardous material for transportation and failed to provide a 24-hour emergency response telephone number ofa person who was either knowledgeable ofthe hazardous material being shipped and has comprehensive emergency response and incident mitigation infonnation for that material, or has immediate access to a person possessing such knowledge and infmmation for use in the event of an emergency involving the hazardous material. 19. Section 172.604(a)(3) offered a hazardous material for transportation and failed to provide a 24-hour emergency response telephone number which was entered on a shipping paper in the manner required by this paragraph for usc in the event of an emergency involving the hazardous material. 20. Section 172.702(a) in that Ridan offered a hazardous material for transportation and failed to ensure that each of its hazmat employees was trained in accordance with the requirements prescribed in this subpart. 21. Section 172.702(c)(2) in that Ridan offered a hazardous material for transportation and failed to ensure that a new hazmat employee, or an employee who changed job functions performed hazmat functions under the direct supervision of a properly trained and knowledgeable hazmat employee.22. Section 173.1(b), (49 C.F.R. § 173.1(b)), in that Ridan offered hazardous material for transportation which was not prepared in accordance with the Hazardous Materials Regulations, and it failed to instruct each of its officers, agents and employees having any responsibility for preparing hazardous materials for shipment as to applicable Hazardous Materials Regulations (49 C.F.R. §§ 171,**~seq.).** 23. Pursuant to 49 U.S.C. Section 5123(a), Ridan is subject to a civil penalty not lowerthan $250 ($450 for training-related violations), nor greater than $50,000 ($1 00,000 if death, serious illness, severe injury, or substantial property damage results), for each violation of the Department ofTransportation Hazardous Materials Regulations. 24. Under the facts and circumstances ofthis case, a civil penalty of$55,000 is appropriate. WHEREFORE, the Agency, by counsel respectfully requests that the Administrative Law Judge enter an order that Respondent be assessed a civil penalty in the amount of$55,000.
I 

## 1\1:. Respectfully submitted this 

### I"""' day ofFebruary, 2014.

# 4~**~** CHRISTOPHER R. STEVENSON Attorney Office ofthe Regional Counsel

PLEASE NOTE: Pursuant to Title 14 CFR Section 13.209(a), you are required to file a written answerto this Complaint, or a written Motion to Dismiss ifappropriate, not later than 30 days after the date shown on the Certificate ofService which follows.CERTIFICATE OF SERVICE I hereby certify that a copy ofthe foregoing Complaint has been mailed this date by Certified Mail, Return Receipt Requested, to the following: Hearing Docket Clerk FAA, AGC-430, Suite 2Wl000 Wilbur Wright Building 800 Independence Avenue, SW Washington, DC 20591 President Ridan Investments, Inc. I 8540 Minthorn Street Lake Elsinore, CA 92530 Lawrence M. Burek, Esq. 550 North Parkcenter Drive Suite 204 SantaAna, CA 92705

# ~B?JflP~T!~em~ Legal Assistant Office ofthe Regional Counsel 

### FEB 1 4**20:~** Dated (original+ I copy)DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION ATLANTA, GEORGIA RETURN WITHIN 30 DAYS TO' Office of the Regional Counsel Federal Aviation Administration P. 0. Box 20636 Atlanta, GA 30320 Telephone: Facsimile: (404)**305~5200** ( 404)**305~5223** DATE

Subject: Notice of Proposed Civil Penalty (HM}, Case No. 

# W 7**~700:)3** In reply to your Notice of Proposed Civil Penalty, I elect to proceed as indicated by my check mark beside the numbered paragraph(s) below; 1. [ ] I hereby submit the amount of the proposed civil penalty with the understanding that an order assessing a civil penalty will be issued in that amount >vithout further notice. I UNDERSTAND THAT I HAVE WAIVED MY RIGHT TO A HEARING. 2. [ ] I have paid the proposed civil penalty with a credit card over the Internet at the following website: bttp://www.pay.gov. I understand that an order assessing a civil penalty will be issued in the amount without further notice- I ALSO UNDERSTAND THAT I AM WAIVING MY RIGHT TO A HEARING. 3. [ ] I hereby submit evidence and information, demonstrating that a violation of the regulations did not occur as alleged or that the amount of the penalty is not warranted by the Clrcumstances. I UNDERSTAND THAT CHOOSING THIS OPTION WILL NOT AFFECT MY RIGHT TO A HEARING. 4 . [ J I hereby submit information and records showing that I am financially unable to pay the proposed civil penalty, or that payment of the penalty would prevent me from continuing in business. I UNDERSTAND THAT CHOOSING THIS OPTION WILL NOT AFFECT MY RIGHT TO A HEARING. S. [ J I hereby request that the proposed civil penalty be assessed in the amount of -? and I submit the reasons for the reduction of the proposed amount. MY REQUEST CONSTITUTES MY AGREEMENT THAT IF THIS OFFER IS ACCEPTED BY THE FAA, AN ORDER ASSESSING CIVIL PENALTY IN THE AMOUNT I HAVE SPECIFIED MAY BE ISSUED WITHOUT FURTHER NOTICE AND I WAIVE MY RIGHT TO A HEARING. IF MY OFFER IS NOT ACCEPTED, I UNDERSTAND MY RIGHT TO A HEARING WILL NOT BE AFFECTED.


## RECEfVED**~-----------r** ! 

## FEB 3 2014 I 

# J**1~~-----** FAi\,**RE(IlO~~At** C(_;l**:~<,r__:__** SOuTHERN REGION6. a. informal below. I HEARING. [ ) I hereby request to discuss this matter in person at an conference with an attorney from your office at the location checked UNDERSTAND THAT CHOOSING THIS OPTION WILL NOT AFFECT MY RIGHT TO A
Check one: Office of the Regional Counsel in Atlanta, Georgia Flight Standards District Office in (See Attached List of FSDO Offices.) [ J Office of the Regional Counsel ln (See Attached List of Regional Offices.) 

### OR b. I hereby request a telephonic informal conference. Please call me at the number listed below to make arrangements for the conference.

Te .l epho:1e: Attorney/representative:**t~ame:** .Zl.ddress:

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# Exhibit "B"

## SERVED: March 4, 2014 U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS

WASHINGTON, DC
IN THE MATTEROF RIDAN INVESTMENTS, INC. FAADOCKETNO. [TO BE ASSIGNED] (Civil Penalty Action) FDMS NO. FAA 2013- 1082

PROCEDURAL ORDER In orderto expedite the hearing inthis matter, the parties shall comply withthe Procedural Schedule setforth hereinbelow1• The Rules ofPractice for this proceeding are setforth in 14 C.P.R. Part 13, Subpart G, ofthe Federal AviationRegulations2

. Those rules provide, inter alia, thatthe Respondent must file a written Answer or motion withinthirty (30) days after serviceofthe Complaint**(l:'L~f,_R.** § l3.2Q9_La.)}, that a ' general denial is deemed a failure to file an Answer(§ 13.209(e)), that failure to file an Answer without good cause is deemed an admission ofeach allegationinthe Complaint (§ 13.209(f)), and that, absent agreement ofthe parties, a party seeking an extension of time must file a written motionnot less than seven (7) days before the documentis due, absent good cause shown(§ 13.213(a) and (b)). More specifically, 14 CFR § 13.209 (5:_) states: A person filing an answer shall admit, deny, or state that the personis without sufficient knowledge or informationto admit or deny, eachnumberedparagraph ofthe complaint. Any statement or allegation contained inthe complaintthat is not specifically denied inthe answer may be deemed an admission ofthe truth of

1 Materials filed in the FAA Hearing Docket (except for materials which are sealed) also available for viewing at http://"}v-ww.tefulations.gov. For additional information see: httn:l/dms.doU!ov. 2 TI1e Administrator's civil penalty decisions, along with indexes ofthe decisions, the Rules ofPractice, as well as other materials relating to civil penalty cases, are available on the internet at: http:d11'Vl'l1\fba.gov!abozrt/oj]Ice
__org/headqztarters_qfficeslagu)Jo(.ac{judication/agc,IOO/civilyena!ty/; see also: http://ecfr.gpoaccess.govlcgilt/text/text-idx?**c~ecfi'&tpl~lecfrbrowse/Titlel4/14tab**_02.tpl. In addition, Thomson Reuters/West Publishing publishes Federal Aviation Decisions. Finally, the decisions are available through LEXIS (TRANS library) and WestLaw 9FTRAN-FAA database. For additional information, seethe Web site. 1that'allegation. A general denial ofthe complaint is deemed a failure to file an answer. Under FAA Order 2150.3B and the Rules governing these proceedings, the Agency attorney and the Respondent are encouragedto considerthe possibility of settlement and compromise ofthis matter. 3 Compromise may be effected with or without a finding ofviolation (14 C.F.R. §13.16 (n) (1)). 

### NOTE: This presiding Judge does notrequire "Discovery" be served onthe Judge. Other Judges have differentpolicies, but as long as this case is assigned to the undersignedpresiding Judge theparties may, but are notrequiredto, serve discovery on the undersigned. Thejudge will not discuss the case with any party, or representative on an ex parte basis. Administrative matters maybe addressed to StaffAssistant, Pat Matthews [202-366-5121] (Patricia.Matthews@dQ.tgQV). WHEREFORE, the parties be and are hereby ORDERED to adhere to the following procedural schedule: 1. Venue shall be Long Beach, CA.; 2. On or before May 9, 2014, the parties shall conclude all discovery including, but not limitedto, depositions, documentproduction, responses to production requests and/or interrogatories. Ifthe parties cannot resolve a discovery dispute they shall submitthe dispute to the undersigned for resolution in atimely manner; 3. Theparties shall be preparedto presentthis case at a hearing on or after May 9, 20144
, subject to the availability ofcourtroom facilities. The specific date and time for the hearing will be forthcoming in a separate Order. 4. The parties will have the opportunity to file Post-Hearing briefs and arguments pursuant to a schedule to be determined at the hearing. For gnidance, the following schedule is typically used: Complainant shall file its brieffifteen (15) days after receipt ofthe transcript; Respondent shall its brieffifteen (15) days thereafter; and any rebuttal briefby the Complainant shall be filed seven (7) days thereafter.

3 "The public policy offavoring and encouraging settlementmakes necessary the inadmissibility of settlementnegotiations in order to foster frank discussions". Fiberglass Insulators. Inc. v Dupuy, 856 F. 2d 652, 653 ( 4 Cir. 1988); Wright & Graham, FederalPractice andProcedure: Evidence, §5302 (1980). Rule 408 ofthe FederalRules ofEvidence excludes from evidence all statements made in the course of sett1ement negotiations. 4 14 C.F.R. § 13.221 states: "The administrative lawjudge shall give each party at least 60 days notice of tbe date, time and location ofthe hearing." Ifthe parties can agree on tentative hearing dates, they are encouragedto provide those dates to the court and/or Ms. Matthews in order to get the dates reserved on thejudge's calendar. 25. Settled cases will not be removed from the hearing docket until the proper written pleading(s), consistentwiththe applicable rules,5 is received bythe presiding . d 6 JU ge. 6. The parties are advised that submissions sent to the street address ofthe U.S. Department ofTransportation, Office ofHearings, may be delayed due to screening conductedby the U.S. Postal Service and/or other security agencies and maytake up to four (4) weeks to be delivered. Additionally, submissions may be "irradiated", which affects the quality ofsubmissions. The parties are encouraged, butnotrequired, to file submissions byprivate delivery service, facsimile, or email. The certificate ofservice shall reflect the manner ofservice. The parties are encouraged to provide email addresses to expedite service of pleadings. 7. All documents are to be submitted to the undersigned as follows: HON. Richard C. Goodwin U.S. Administrative Law Judge Office ofHearings, M-20 U.S. Department ofTransportation 1200 New Jersey Avenue, S.E. (Ell-310) Washington, D.C. 20590 Attn: PatriciaMatthews (Richard.Goodwig(i!'ldQt.gov) Administrative matters should be directed to PatriciaMatthews, StaffAssistant (202) 366-5121 (Patricia.Matthews@.dourov). All other matters shouldbe addressed inwriting/email to Judge Goodwin.

Richard C. Goodwin U.S. Administrative Law Judge Attachment- Service List

5 14 C.P.R.§ 13.215 states: "At any time before or during ahearing, an agency attorney may withdraw a complaint or party may withdraw arequest for a hearing withoutthe consent ofthe administrative law judge. Ifan agency attorney withdraws the complaint or a party withdraws the request for a hearing and the answer, the administrative lawjudge shall dismiss the proceedings under this subpart with prejudice." 6 See: In the Matter ofLewis Drake & Associates, FAADocketNo. CP03S00045, DMS. No. FAA-2003- 16379, "OrderTerminating Proceeding", served February 26, 2005; citing Kerry James Eldridge, FAA Docket CP89GL0458, "OrderCanceling Hearing and Terminating Proceeding", served January 16, 1991, at I. 3SERVICE LIST ORIGINAL & ONE COPY 

### Federal Aviation Administration 800 Independence Avenue, S.W. Washington, DC 20591 Attention: Hearing Docket Clerk, AGC-430 Wilbur Wright Building-Suite 2W1000 1


### President Ridan Investments, Respondent 

### 18540 Minthorn Street Lake Elsinore, CA 92530 TEL: NOT PROVIDED FAX: NOT PROVIDED ONE COPY



### Lawrence M. Burek, Respondent's Counsel 

### 550 North Parkcenter Drive, Suite 204 Santa Ana, CA 92705 TEL: 714-564-9033 FAX: NOT PROVIDED Tammy Leach P.O. Box 891324 Temecula, CA 92589 TEL: 951-970-6762 FAX: NOT PROVIDED ChristopherR. Stevenson, Complainant's Counsel 

### Office ofthe Regional Counsel, SouthernRegion, AS0-7 FederalAviation Administration P.O. Box 20636 Atlanta, GA 30320 TEL: 404-305-5200 FAX: 404-305-5223 The Honorable Richard C. Goodwin,Administrative LawJudge 

### Office ofHearings, M-20 U.S. Department ofTransportation 1200 NewJersey Avenue, S.E. (Ell-310) Washington, DC 20590 TEL: 202-366-5121 StaffAssistant FAX: 202-366-7536 FDMS No. FAA-2013-1082 (Civil Penalty Action)

1 Service was by U.S. Mail. For service in person or by

### exp~ited courier, use the following address: Federal Aviation Administration, 600 Independence Avenue, S.W., Wilbur Wright Building-Suite 2WIOOO, Washington, DC 20591; Attention: Hearing Docket Clerk, AGC-430. 4

# Exhibit "C"

### U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS FEDERAL AVIATION ADMINISTRATION 

### .2 

## 4 

## 2014

FEDERAL AVIATION ADMINISTRATION FAA DOCKET NO. TBA FDMS NO. FAA-2013-1082 Complainant CASE NO. 201250700133 vs. Assigned to Judge Richard C. Goodwin RIDAN INVESTMENTS, INC. Respondent

ANSWER TO COMPLAINT 

### Respondent, Ridan Investments, Inc. ("Ridan"), by its attorney, hereby files its Answer to the Complaint filed by Complainant Federal Aviation Administration ("FAA") pursuant to Rule 209 of the Rules of Practice (14 C.F.R. 13.209) as follows:


### 1. Answering paragraph 

### 1, Ridan lacks sufficient information and belief to admit or deny the allegation as to when the AgencyAttorney received a written requestfor a hearing and denies on that basis. Ridan admits that it received notice after January 14, 2014 through a Final Notice of Proposed Civil Penalty that the FAA proposed to assess a civil penalty in the amount of $55,000. II 2. Answering paragraph 2, Ridan lacks sufficient information and beliefto admit or deny the allegations and denies on that basis. Ridan denies that it knowingly offered a one-piece shipment to Federal Express on February 19, 2012 that contained hazardous materials. 3. Answering paragraph 2 (misnumbered), Ridan lacks sufficient information and beliefto admit or deny the allegations and denies on that basis. Ridan denies that it, as opposed to different entity that shared the same address, offered the alleged shipment for transportation. 4. Answering paragraph 3. Ridan lacks sufficient information and belief toadmit or deny**t~e** allegations and denies on that basis. 5. Answering paragraph 4, Ridan lacks sufficient information and beliefto admit of deny the allegations and denies on that basis. 6. Answering paragraph 5, Ridan lacks sufficient information and beliefto admit ofdenythe allegations and denies on that basis. 7. Answering paragraph 6, Ridan lacks sufficient information and beliefto admit ofdenythe allegations and denies on that basis. 8. Answering paragraph 7, Ridan lacks sufficient information and beliefto admit 

### or denythe allegations and denies on that basis. 9. Answering paragraph 8, Ridan lacks sufficient information and beliefto admit or denythe allegations and denies on that basis. Ridan denies that it, as opposed to different entity that shared the same address, offered the alleged shipment. 10. Answering paragraph 

### 9, Ridan lacks sufficient information and beliefto admit 

### or denythe allegations and denies on that basis. Ridan denies that it, as opposed to different entity that shared the same address, offered the alleged shipment 11. Answering paragraph 10, Ridan lacks sufficient information and belief to admit or denythe allegations and denies on that basis. Riden denies that it, as opposed to different entity that shared the same address, offered the alleged shipment
.. 12. Answering paragraph 11, Ridan lacks sufficient information and belief to admit 

### or denythe allegations and denies on that basis. Ridan denies that it, as opposed to different entity that shared the same address, offered the alleged shipment. 13 Answering paragraph 12, Ridan lacks sufficient information and beliefto admit or deny the allegations and denies on that basis. Ridan denies that it, as opposed to different entity that shared the same address, offered the alleged shipment. 14. Answering paragraph 13, Ridan lacks sufficient information and belief to admit or deny the allegations and denies on that basis. Ridan denies that it, as opposed to different entity that shared the same address, offered the alleged shipment. Ill 15. Answering paragraph 14 and all of its subparts.(subparagraphs1-24, inclusive) Ridan incorporates by reference its responses to paragraphs 2-13, above. Ridan denies that it, as opposed to a different entity that shared the same address, offered the alleged shipment and denies that a civil penalty of $55,000 is appropriate underthe facts and circumstances ofthis case.. As to all other allegations in paragraph 14 and its subparts, (subparagraphs 1-24, inclusive) Ridan lacks sufficient information and belief to admit or denythe allegations and denies on that basis.WHEREFORE, Ridan, through its attorney, respectfully requests that an order be entered denying the FAA's request that Ridan be assessed a civil penalty in the amount of $55,000, or any amount at all Ridan further requests that the complaint be dismissed with prejudice pursuant to 14 C.F.R 13.16 c (subsections 1-3) as Ridan did not knowingly ship the alleged materials but rather, it has determined that the identity ofthe senderwas incorrectly entered in the online Fed Exform and that the correct name ofthe sender/shipper was not entered. Ridan did not know the contents ofthe alleged shipment. It is a real estate investment company and is not engaged in the business of packaging, manufacturing, selling, distributing, or shipping hazardous materials of any kind. Accordingly, Ridan does not, and could not, have a history of any prior violations. Respectfully submitted this 

### 17'h day of March, 2014.

# By:~~~~ LAWRENCE M. BUREK Attorney for Respondent Ridan Investments, Inc.

### CERTIFICATE OF SERVICE I hereby certify that an original and one copy ofthe foregoing document has been mailed on this date by Certified Mail, Return Receipt Requested to the following: Hearing Docket Clerk AGC-430 Federal Aviation Administration WilburWright Building - Suite 2W1000 800 Independence Avenue, S.W. Washington, DC 20591 I hereby certify that a copy ofthe foregoing document has been mailed on this date by Certified Mail, Return Receipt Requested to the following: Christopher R. Stevenson Federal Aviation Administration Office ofthe Regional Counsel, AS0-7 Southern Region P.O. Box 20636 Atlanta, GA 30320 Tel: 404-305-5200 Fax:404-305-5223 HON. Richard C. Goodwin U.S. Administrative Law Judge Office of Hearings, M-20 U.S. Department ofTransportation 1200 New JerseyAvenue, S.E. (E11-310) Washington, DC 20590 Attn: Patricia Matthews

### I hereby,certify that a copy ofthe foregoing document has also been sent on this date electronically as an email attachment and in PDF format to the Honorable Richard C. Goodwin, U.S. Administrative Law Judge at Richard.Goodwin@dot.com pursuant to the Procedural Order dated March 4, 2014. Executed this 181 h 

### day of March, 2014 at S

Lega ssistant Law Office of Lawrence M. Burek Attorney for Respondent Ridan Investments, Inc.

# Exhibit "D"UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS

WASHINGTON, D.C.

In the Matter of: Ridan Investments, Inc., Respondent. ) FAA DocketNo. [TBA] ) FDMS No. FAA-2013-1082 ) FAA Case No. 2012S0700133 ) ) Judge: Richard C. Goodwin ) ) Region: Western-Pacific ) ) ) AMENDED NOTICE OF ) APPEARANCE )

Pursuantto section 13

### .33 ofthe Rules ofPractice in FAA Civil PenaltyActions, the, Federal AviationAdministration, hereby amends its original Notice ofAppearance and designates the following Attorney as conosel inthe captioned case: CourtneyAdolph, Attorney Office ofthe Regional Conosel, AWP-7.4 P.O. Box 92007 Los Angeles, CA90009-2007 Phone (310) 725-7128 Facsimile (310) 725-6816 Email: Courtney.Adolph@faa,gov Respectfully submitted, NAOMI TSUDA Regional Conosel By: 

# MJ---- CourtneyAdolph General AttorneyERRATA SHEET CERTIFICATE OF SERVICE The amendedNotice ofAppearance is being issuedto correct the FDMS No. cited onthe captionpage. I hereby certifythatthe attached Notice ofAppearance in the Matter ofRidan Investments, Inc., has been sentto the following parties, via certifiedmail, return receiptrequested, orviafacsimile where indicated below. Hon. Richard C. Goodwin U.S. Administrative LawJudge Office ofHearings, M-20 U.S. DepartmentofTransportation 1200NewJerseyAvenue, S.E. (Ell-310) Washington, DB 20590 Attn: PatriciaMatthews FAX: 202-366-7536 Via CertifiedMail to: Lawrence M. Burek (Counsel for the Respondent) 550NorthParkcenter Drive, Suite 204
Andto:SantaAna, CA 92705

Federal AviationAdministration 800 Independence Ave., S.W. Washington, DC 20591 Attn.: Hearing Docket Clerk, AGC-430 WilburWrightBuilding- Suite 2W1000 FAX:202-493-5142 

## /] ·' -j/(};

# £~h~XfM<bo, toma Garcm Paralegal, Enforcement Office oftheRegional Counsel FederalAviationAdministration Lawndale, California 90261
Dated: April15, 2014

2

### UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION OFFICE OFHEARINGS

WASIDNGTON, D.C.

Inthe Matter of: RidanInvestments, Inc., Respondent. ) FAA DocketNo. [TBA] ) FDMS No. FAA-2013-1082 ) FAACaseNo. 2012S0700133 ) 

### ) Judge: Richard C. Goodwin ) 

### ) Region: Western-Pacific ) ) 

### ) AMENDED NOTICE OF ) APPEARANCE )

Pursuant to section 13.33 ofthe Rules ofPractice inFAA Civil Penalty Actions, the, Federal AviationAdministration, hereby amends its originalNotice ofAppearance and designates the following Attorney as counsel inthe captioned case: Courtney Adolph, Attorney Office ofthe Regional Counsel, AWP-7.4 P.O. Box 

### 92007 Los Angeles, CA90009-2007 Phone (310) 725-7128 Facsimile (310) 725-6816 Email: Courtney.Adolph@faa,gov Respectfully submitted, NAOMI TSUDA Regional Cotmsel By: Courtney Adolph General Attorneym <fim ID •<>**ru~** & IE' ID**.f~** ,u**~ ~~**  ID**~** u ......·;:; l'::s**~** 0 ID ·$g ,o**~** 0- \E ,ru ID**0~ ~oc**  ID 

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# "' Lhc'..2 66'U. 

### DODO O'WI E'IOLERRATA SHEET CERTIFICATE OF SERVICE The amended Notice ofAppearance is being issued to correctthe FDMS No. cited onthe captionpage. I hereby certify that the attached Notice ofAppearance inthe Matter ofRidan Investments, Inc., has been sentto the following parties, via certifiedmail, return receiptrequested, orviafacsimile where indicatedbelow. Hon. Richard C. Goodwin U.S. Administrative Law Judge Office ofHearings, M-20 U.S. DepartmentofTransportation 1200 NewJerseyAvenue, S.E. (E11-310) Washington, DB 20590 Attn: PatriciaMatthews FAX: 202-366-7536 Via CertifiedMail to: Lawrence M. Burek (Counsel for the Respondent) 550 NorthParkcenterDrive, Suite 204
Andto:SantaAna, CA 92705

Federal AviationAdministration 800 Independence Ave., S.W. Washington, DC 20591 Attn.: HearingDocket Clerk, AGC-430 WilburWrightBuilding- Suite 2W1000 FAX:202-493-5142

# (:a~t::i~ AntoniaGarcia Paralegal, Enforcement Office ofthe Regional Counsel FederalAviation Administration Lawndale, California 90261
Dated: April15, 2014

2TRANSMISSION OK TX/RX NO 

### ********************* 

## *** TX REPORT 

## *** *********************

1141 CONNECTION TEL 912024935142 SUBADDRESS CONNECTION ID ST. TIME 04/15 09:45 USAGE T 00'25 PGS. SENT 3 RESULT OK

Hon. Richard C. Goodwin To: Attn: Patricka Matthews Company: Office of Hearings, M-20, US DOT Phone: Fax: _(_202) 366-7536

From: Courtney Adolph Title: Attorney

Date: 4/14/15

Description of item being transmitted: Amended Notice ofApperance In the Matter of Ridan Investments, Inc., FDMS No. FAA-2013-1082 FAA Case No. 201250700133 FAA Docket No. TBD 

# Federal Aviation Administration

Office ofthe Regional Counsel, AWP· 7.4 PO Box 92007 Los Angeles, CA 90009-2007 Telephone: (310) 725·7128 Facsimile: (310) 725-68l6 Email: Counney.Adolph@tlla.gov Facsimile

TotalNumber ofpages including the coverpage: 3

D PER YOUR REQUEST 0 FOR YOUR REVIEW D PLEASE COMMENT

D FOR COORDINATION 0 HARD COPY TO FOLLOW VIA US M.A.IL NOTES/COMMENTS:TRANSMISSION OK 

### ********************* 

## *** TX REPORT 

## ************~***************

1140 TX/RX NO CONNECTION TEL SUBADDRESS CONNECT!ON ID ST. TIME 912023667536
04/15 09:43 USAGE T 01'17 PGS. SENT RESULT 3 OK

To: Company: Phone: fax:

From: Title;

Date:

Description of itembeing transmitted: Han. Richard C. Goodwin AttM: Patricka Matthews Office of Hearings M-20, US DOT (202) 366-7536
Courtnev Adoloh Attorney

4/14/15 Amended Not1ce ofApperance In the Matter of Ridan Investments, Inc., FDMS No. 

### FAA-2013-1082 FAA Case No. 

### 201290700133 FAA Docket No. TBD 

# Federal Aviation Administration

Office ofthe Regional Counsel, AWP7.4 PO Box 92007 Los Angeles, CA 90009-2007 Telephone: (310) 725"7128 facsimile: (310) 725-6816 Email: Courtney.Adolph@faa.gov Facsimile

TotalNwnber ofpages including the cover page: 3

0 PER YOUR REQUEST 0 FOR YOUR REVIEW 0 PLEASE COMMENT

D FOR COORDINATION D HARD COPY TO FOLLOW VIA US MAIL NOTES/COMMENTS:To: Company: Phone: Fax:
From: Title:

Date:

Description of itembeing transmitted: Hon. Richard C. Goodwin Attn: Patricka Matthews Office of HearinQs, M-20, US DOT (202) 366-7536 Courtney Adolph Attorney

4/14/15 Amended Not1ce ofApperance In the Matter of Ridan Investments, Inc., FDMS No. FAA-2013-1082 FAA Case No. 201280700133 FAA Docket No. TBD 

# Federal Aviation Administration

Office ofthe Regional Counsel, AWP7.4 PO Box92007 Los Angeles, CA 90009-2007 Telephone: (310) 725-7128 Facsinaile: (310) 725-6816 Email: Courtney.Ado1ph@faa.gov Facsimile

Total Nmnber ofpages including the cover page: 3

D PER YOUR REQUEST D FOR YOUR REVIEW D PLEASE COMMENT

D FOR COORDINATION D HARD COPY TO FOLLOW VIA US MAIL NOTES/COMMENTS:

cc: HearingDocketClerk, AGC-430 (Hard copyto follow inthe U.S. mail) (202) 493-5142 Lawrence Burek Hardcopy sentinthe U.S. mail



# 0 U.S. D<:partmont of Transpo·rtat:lon

### UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS

WASHINGTON, D.C.

In the Matter of: Ridan Investments, Inc., Respondent. ) 

### ) NOTICE OF APPEARANCE ) ) ) ) ) ) ) ) ) ) 

### FAADocketNo. [TBA]
FAA Region: Western-Pacific 

# FrV<**~**

### 2b

### 13 Jndge: Richard C.

## Goodwin~ lc'l2

# FDMSNo.~ll**~** FAA Case No. 2012S0700133

Pursuantto section 13.33 ofthe Rules ofPractice inFAA Civil Penalty Actions, the, Federal AviationAdministration, hereby designates the following Attorney as counsel inthe captioned case: Courtney Adolph, Attorney Office ofthe Regional Counsel, AWP-7.4 P.O. Box 92007 Los Angeles, CA90009-2007 Phone (310) 725-7128 Facsimile (310) 725-6816 Email: Courtney.Adolph@faa,gov Respectfully submitted, NAOMI TSUDA Regional Counsel Federal Aviation Administration Western-Pacific Region

By:

# k~ Cou ey Adolph Attorney**6h~~** 

### 0559 2000**0~22 2~0~** CERTIFICATE OF SERVICE
I hereby certify thatthe attached Notice ofAppearance inthe Matter ofRidan Investments, Inc., has been sent to the following parties, via certifiedmail, return receiptrequested, or via facsimile where indicated below. Hon. Richard C. Goodwin U.S. Administrative LawJudge Office ofHearings, M-20 U.S. DepartmentofTransportation 1200NewJerseyAvenue, S.E. (Ell-310) Washington, DB 20590 Attn: PatriciaMatthews FAX: 202-366-7536 Lawrence M. Burek (Counsel forthe Respondent) 550 NorthParkcenterDrive, Suite 204 SantaAna, CA 92705
Federal AviationAdministration 800 Independence Ave., S.W. Washington, DC 20591 Attn.: Hearing Docket Clerk, AGC-430 Wilbur WrightBuilding- Suite 2W1000 FAX: 202-493-5142

# at~;L Antonia Garcia ' ' Paralegal, Enforcement Office ofthe Regional Counsel Federal Aviation Administration Lawndale, California 90261
Dated: April 7, 2014

2UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION OFFICE OFHEARINGS

WASHINGTON,D.C.

IntheMatter of: RidanInvestments,Inc., Respondent. ) ) NOTICE OFAPPEARANCE ) ) ) ) ) ) ) ) ) ) FAADocketNo. [TBA]
FAARegion: Western-Pacific Judge: Richard C. Goodwin FDMSNo. FAA-2012-0911 FAA CaseNo. 2012S0700133

Pursuantto section 13.33 ofthe Rules ofPractice inFAA Civil Penalty Actions, the, Federal AviationAdministration, hereby designates the following Attorney as counsel inthe captioned case: CourtneyAdolph, Attorney Office ofthe Regional Counsel, AWP-7.4 P.O. Box 92007 Los Angeles, CA90009-2007 Phone (310) 725-7128 Facsimile (310) 725-6816 Email: Courtney.Adolph@faa,gov Respectfully submitted, 

# / ./",...**NAO~l'TSUDA R~giilnal**  Counsel**,'F~deral** AviationAdministration .//Western-PacificRegion #''"'

### UNITED STATES OFAMERICA DEPARTMENT OFTRANSPORTATION OFFICE OF HEARINGS

WASHINGTON, D.C.

In theMatter of: RidanInvestments,Inc., Respondent. ) 

### ) NOTICE OFAPPEARANCE ) ) ) ) ) ) ) ) ) ) 

### FAADocket No. [TBA]
FAARegion: Western-Pacific Judge: Richard C. Goodwin FDMS No. FAA-2012-0911 FAA Case No. 2012S0700133

Pursuantto section 13.33 ofthe Rules ofPractice inFAA Civil Penalty Actions, the, Federal AviationAdministration, hereby designates the following Attorney as counsel inthe captioned case: CourtneyAdolph, Attorney Office ofthe Regional Counsel, AWP-7.4 P.O. Box 92007 Los Angeles, CA90009-2007 Phone (310) 725-7128 Facsimile (310) 725-6816 Email: Courtney.Adolph@faa,gov Respectfully submitted, 

### NAOMI TSUDA Regional Counsel Federal AviationAdministration Western-Pacific Region
By: Courtney Adolph AttorneyCERTIFICATE OF SERVICE
I hereby certifythatthe attachedNotice ofAppearance inthe Matter ofRidan Investments, Inc., has been sentto the following parties, via certified mail, return receiptrequested, orviafacsimile where indicated below. Hon. Richard C. Goodwin U.S. AdministrativeLawJudge Office ofHearings, M-20 U.S. DepartmentofTransportation 1200NewJersey Avenue, S.E. (Ell-310) Washington, DB 20590 Attn: PatriciaMatthews FAX: 202-366-7536 Lawrence M. Burek (Counsel for the Respondent) 550 NorthParkcenterDrive, Suite 204 SantaAna, CA 92705
Federal AviationAdministration 800 Independence Ave., S.W. Washington, DC 20591 Attn.: Hearing Docket Clerk, AGC-430 Wilbur Wright Building- Suite 2W1000 FAX: 202-493-5142

Antonia Garcia Paralegal, Enforcement Office ofthe Regional Counsel Federal AviationAdministration Lawndale, California 90261
Dated: April 7, 2014

2TRANSMISSION OK TX/RX NO 

### ********************* 

## *** TX REPORT 

## *** *********************

1138 CONNECTION TEL 912023667536 SUBADDRESS CONNECTION ID ST. TIME 04/14 12:09 USAGE T 01'19 PGS. SENT 3 RESULT OK**To~** Hon. Richard C. Goodwin Compllll)': Office of HearinRs M-20, US DOT Phone: Fax: (202) 366-7536

From: Courtney Adolph Title: Attorney

Date: 4/14/15


# . Description of item being transmitted: 

### Not1ce ofApperance In the Matter of Rldan Investments, Inc., FDMS No. FAA-2012·0911 FAA Case 

### No. 201280700133 FAA Docket 

### No. TBD 

# Federal Aviation Administration

Office ofthe Regional Counsel, AWP7.4 POBox92007 Los Angeles, CA 90009-2007 Telephone: (310) 725-7128 Fac•imlle: (310) 725·6816 Email: Courtney.Adolph@faa.gov Facsimile

Total Number ofpages includingthe coverpage: 3

0 PER YOUR REQUEST D FOR YOUR REVIEW D PLEASE COMMENT

D FOR COORDINATION D HARD COPY TO FOLLOW VIA US MP..IL NOTES/COMMENTS:

cc: HearingDocket Cletk, AGC-430**~d**copy to follow inthe U.S. mail)To: Company: Phone: Fax:

From: Title:

Date:
Description of item being transmitted: Hen. Richard C. Goodwin Office of Hearings, M-20, US DOT (202) 366-7536 Courtney Adolph Attorney

4/14/15 Not1ce ofApperance In the Matter of Ridan Investments, Inc., FDMS No. FAA-2012-0911 FAA Case No. 201250700133 FAA Docket No. TBD 

# Federal Aviation Administration

Office ofthe Regional Counsel, AWP7.4 PO Box92007 Los Angeles, CA 90009-2007 Telephone: (310) 725-7128 Facsimile: (310) 725-6816 Email: Courtney.Adolph@faa.gov Facsimile

TotalNumber ofpages including the cover page: 3

D PER YOUR REQUEST D FOR YOUR REVIEW D PLEASE COMMENT

D FOR COORDINATION D HARD COPY TO FOLLOW VIA US MAIL
NOTES/COMMENTS:

cc: HearingDocketClerk, AGC-430 (Hard copyto follow intheU.S. mail) (202) 493-5142 Lawrence Burek Hardcopy sent inthe U.S. mail)



# 0 U.S. De-partment ofTran.spo-rtatlonTRANSMISSION OK TX/RX NO 

### ********************* 

## *** TX REPORT 

## *** *********************

1139 CONNECTION TEL 912024935142 SUBADDRESS CONNECTION ID ST. Tn!E 04/14 12:11 USAGE T 00'24 PGS. SENT 3 RESULT OK

To: Hon. Richard C. Goodwin Company; Office of Hearings, M-20, US DOT .Phone: Fax: (202) 366-7536

From: Courtney Adolph Title: Attorney

Date: 

### 4/14/15
Description of itembeing transmitted: Notice ofApperance In the Matter of Ridan Investments, Inc., FDMS No. FAA-2012-0911 FAA Case No. 201250700133 FAA Docket No. TBD 

# Federal Aviation Administration

Office ofthe Regional Counsel, AWP7.4 PO Box 92007 Los A1Jgeles, CA 90009-2007 Telephone: (310) 725·7128 Facsimile: (310) 725-6816 Email: Courtney.Adolph@faa.gov Facsimile

Total Number ofpages including the cover page: 3

0 PER YOUR REQUEST D FOR YOUR REVIEW D PLEASE COMMENT

0 FOR COORDINATION D HARD COPY TO FOLLOW VIA US MI'.IL NOTESICOMMENTS;

cc: He-Ming DocketClerk, AGC-430 (Hard copy to follow inthe U.S. n;nill

# Exhibit 

# "E"In the Matter of: UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS

WASHINGTON, D.C.
FAADocket No.: [TBA] Ridan Investments, Inc., FAA Region: Western-Pacific Respondent. Judge: Richard C. Goodwin FDMS No.: FAA-2012-0911 FAA Case No.: 2012S0700133

COMPLAINANT'S FIRST SET OF

DISCOVERY TO RESPONDENT To Respondent, Ridan Investments, Inc., through its attorneys ofrecord: Complainant, by and through counsel, pursuant to section 13.220 ofthe Rules ofPractice in FAA Civil Penalty Actions, requests the Respondent please respondto the following Interrogatories, Request for Production ofDocuments, and Request for Admissions, separately and fully under oath, withinthirty (30) days ofthe date ofservice. These discovery requests are intendedto be continuing innature and any information whichmay be discovered by Respondent subsequentto the service and filing ofRespondent's
answers mustbebroughtto the attention ofthe Complainant's attorney through supplemental
answers when it becomes availableto Respondent, and in a reasonable timepriorto the hearing inthis matter. Ifthere are any additions, deletions or changes inthe answers or information provided at anytime prior to hearing, the Respondent is specifically requested to so immediately inform Complainant's attorney. Ifsuch information is not furnished, at the time ofthe hearing,

1 

## } ) )Complete items 1, 2, anCf3:"J\fSo complete item 4 if Restricted Delivery is desired. • Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back ofthe mailpiece, or on the front if space permits. 1. Article Addressed to: 

### kM0JZ.£rJC'£ 1 

## \A {?worek, 

## £sl**-~** C'jo
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# J':io\u..,**J0ves~ ,J~·,**  

## 660 Nor-\h

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# 5ctr\+t< 

# Anc. CA
_ "'}:;nos- ; IfYES, enter delivery address below:

3.**S~ice** Type

El Certified Mail 0 Registered 0 Insured Mail

Domestic Return Receipt Yes ONo

102595·02·M·1540!the attorney for Complainant may move to exclude from evidence suchinformationrequested and notfurnished. If, inrespondingto, orfailing to respond to these requests for discovery Respondent invokes orrelies upon any privilege ofany kind, state specificallythe nature ofthe privilege, the basis upon which Respondent invokes, relies upon or claim it, including any statutory or decisionalreference, and identify all documents or other information, including contacts and communications whichRespondent believes to be covered bythe privilege invoked.

INTERROGATORIES:

1. Identify by name, address andtelephone number all persons, otherthan Respondent's attorneys, who have personal knowledge ofthe incidents alleged in the Complaint. 2. Identify bytitle, date, author, present custodian, and content, all documents obtainedby Respondent or in its possession relating to the assertions inthe Complaint and Respondent's Answer, including affirmative defenses. 3. Identify by name, address andtelephone number, all persons whom Respondentmay have testify as a factual witness inits defense atthe hearing inthis matter, and provide a detailed summary ofeachperson's anticipatedtestimony. 4. Identify by name, address and telephone number, all persons whom Respondentmay have testify as an expert witness in its defense at the hearing inthis matter, and provide a detailed summary ofeachexpert's anticipated testimony. 5. Identify by title, date, author, present custodian, and content, which documents Respondent may offer into evidence at the hearing inthis matter, and throughwhich witness orwitnesses.

2

### 6. With respect to each expert witness identified inresponse to Interrogatory No.4, above, specify their area ofexpertise, ifany, and provide a synopsis oftheir credentials, background, training and experience. 7. State all facts that support Respondent's contentions inparagraphII.2. ofits Answerthat it did not "knowingly offered a one-piece shipment to Federal Express on February 19, 2012 that containedhazardous materials". 8. State all facts that supportRespondent's contentions inparagraphs II.3., 9., 10., 11., 12., 13., 14., and III.15 ofits Answerthat a "different entity that shared the same address, offered the alleged shipment for transportation". 9. Please describe all facts that explain or otherwise describe the corporate or business relationship, ifany, between a different entity that shares the same address as Ridan Investments, Inc. 10. Please state whether Ridan Investments, Inc., offeredthe subject shipment onbehalfof Motoworks Racing, LLC; Douglas Technologies Group, Inc.; DWT; or Cahuilla Creek Motorcross, Inc. 11. Please state whether an employee or someone acting onbehalfofMotoworks Racing, LLC; Douglas Techonologies Group, Inc.; DWT; or Cahuilla CreekMotorcross, Inc., offeredthe subject shipment. 12. Please explain or otherwise describe the corporate or business relationship betweenRidan Investment, Inc., and Motoworks Racing, LLC; Douglas Techonologies Group, Inc.; DWT; or Cahuilla Creek Motorcross, Inc. 13. State all facts that support Respondent's contentions in the lastparagraph onpage 3ofits Answer that "Ridandid not knowingly ship the alleged materials butrather, ithas

3determinedthat the identity ofthe sender was incorrectly entered in the online FedEx form and that the correct name ofthe sender/shipper was not entered. Ridan did not knowthe contents ofthe alleged shipment. Itis a real estate investment company and is not engaged inthe business ofpackaging, manufacturing, selling, distributing, or shipping hazardous materials ofanykind." 14. Identify whetherRespondentrelied on an MSDS, including whether that MSDS was the current and applicable MSDS for the alleged hazardous material at issue in this case. 15. State all facts that supportRespondent's contentionthat itis not liable for any civil penalty under Section 5123(a) ofTitle 49 ofthe United States Code. 16. State all facts that supportRespondent's contentionthat a civilpenalty of$55,000 is not appropriate under the facts and circumstances ofthis case. 17. State all any and all additional facts that support any and all ofRespondent's affirmative defenses. 18. Please provide a detailed explanation, including reference to what accounting methods, liquidity ratios, financial calculations, etc., ifany, which supports an assertionthat Respondent cannot afford to pay the proposed civil penalty. 19. Please identify on what financial documents you may rely to support an assertion that Respondent cannot afford to pay the proposed civilpenalty. 20. For any response to the Request for Admission belowthat is anything otherthan an unqualified admission, please state all facts in support ofRespondent's response.

4

### REQUESTS FORPRODUCTION OF DOCUMENTS: 1. Provide a copy ofall written statements/affidavits/declarations ofindividuals identified in response to interrogatory number 1, unless already provided. 2. Provide a copy ofany and all recorded statements ofany witnesses having personal knowledge ofthe incidents alleged in the Complaint and Respondent's affirmative defenses alleged in its Answer including, but not limited to, written statements, affidavits, e-mails, letters, tape or video recordings and transcriptions ofthe tape recordings, unless alreadyprovided. 3. Provide a copy ofall documents in support ofany and all ofRespondent's responses and affirmative defenses pled in its Answer, unless already provided. 4. Provide a copy ofthe current curriculum vitae for each and every expert Respondentmay have testify in Respondent's defense at the hearing in this matter. 5. Provide any and all documents Respondent's experts may relyupon to testify in Respondent's defense at the hearing on this matter. 6. Provide any and all documents that supportRespondent's contentionthat itis not liable for any civil penaltyunder Section 5123(a) ofthe Title 14 ofthe United States Code. 7. Provide any and all documents that support Respondent's contentionthatthe proposed civil penalty is inappropriate. 8. Provide any and all documents that supportRespondent's contentionthat it did not violate any Hazardous Materials Regulations underTitle 49 ofthe Code ofFederal Regulations, part I71 etseq.

5

### 9. Provide a copy ofany and all documents that support Respondent's contentionthat the federal regulations cited inthe Complaint are not applicable to the shipment at issue or facts and circumstances ofthis case. 10. Please provide a copy ofyour 2011,2012 and 2013 filed federal tax returns. 11. Please provide a copy ofany and all evidence that supports your assertion that you are unable to pay the proposed civilpenalty. 12. For all responses which are not anunequivocal admissionto the below Request for Admission, provide all documents, notes, and writings which support Respondent's denials.

6

### REQUEST FOR ADMISSIONS: 1. Admitthat "MOTUL Chain Lube- OffRoad" is a regulated hazardous materialunder Title 49 ofthe Code ofFederal Regulations. 2. Admit that "K&N Air Filter Oil" is aregulated hazardous material under Title 49 ofthe Code ofFederal Regulations. 3. Admitthatthe "MOTUL Chain Lube- OffRoad" is a flammable aerosol. 4. Admitthat "K&N Air Filter Oil" is a flammable aerosol. 5. Admitthat "MOTUL Chain Lube- OffRoad's" proper shipping name is "Aerosol, flammable, n.o.s." under the Hazardous Materials Table atTitle 49 ofthe Code of Federal Regulations, section 171.101. 6. Admitthat "K&N Air Filter Oil's"proper shipping name is "Aerosol, flammable, n.o.s." under the Hazardous Materials Table at Title 49 ofthe Code ofFederal Regulations, section 171.101. 7. Admitthat "MOTUL Chain Lube- OffRoad" is in Hazard Class 2.1. 8. Admit that "K&N Air Filter Oil" is in Hazard Class 2.1. 9. Admit that "MOTUL Chain Lube- OffRoad's" proper label is "FLAMMABLE GAS". 10. Admitthat "K&N Air Filter Oil's"proper label is "FLAMMABLE GAS". 11. Admit that "MOTUL Chain Lube- OffRoad's" has an assigned identificationnumber of UN1950. 12. Admitthat "K&N Air Filter Oil's" has an assigned identificationnumber ofUN1950. 13. Admitthat Respondent offeredthe subject shipment for transportationby air. 14. Admitthat Respondent did not include shipping papers withthe subject shipment.

715. Admit that Respondent did notprovide any description ofthe hazardous material on shipping papers. 16. Admit that there was a release ofthe alleged hazardous materials during shipment. 17. AdmitthatRespondent failed to properly package the shipment. 18. Admitthat Respondent did notpackage the shipment in accordance withthe packaging requirements under Title 49 ofthe Code ofFederal Regulations, section 173.l(b). 19. Admitthatthe subject shipmentwas undeclared. 20. AdmitthatRespondent is a business entitythatregularly offers, accepts, or transports hazardous materials. 21. Admit thatRespondentis theparent business entity ofone ormore subsidiaries that offers, accepts, or transports hazardous materials. 22. Admit thatRespondent is the parent business entity ofone or more subsidiaries that regularly offers, accepts, or transports hazardous materials. 23. Admit that Respondentis the holding company ofone or more other companies that offers, accepts, ortransports hazardous materials. 24. Admit thatRespondentis the holding company ofone or more other companiesthat regularly offers, accepts, or transports hazardous materials.
Respectfully submitted, NAOMITSUDA Regional Counsel By: Adolph Gene a! Attorney

8CERTIFICATE OF SERVICE I hereby certifythat onthis date I have sent by certified mail, return-receipt requested Complainant's First Set ofDiscoveryto Respondent, addressed as follows: Lawrence M. Burek, Esq. c/o Ridan Investments, Inc. 550 North Parkcenter Drive, Suite 204 SantaAna, CA 92705 Telephone: (714) 564-9033

Dated: April 7, 2013

# ~/fi&d,~~ Antonia L. Garcia Paralegal Office ofthe Regional Counsel Federal Aviation Administration Western-Pacific Region Hawthorne, California

9

# Exhibit 

# "F"

### 1 

### 2 3 

### U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS FEDERAL AVIATION ADMINISTRATION

4 

### 5 IN THE MATTER OF 6 RIDAN INVESTMENTS, INC. 7 8 9 

### 10 11 

### RESPONDENT. RESPONSE OF RIDAN INVESTMENTS INC. TO COMPLAINANT'S FIRST SET OF DISCOVERY TO RESPONDENT FAA DOCKET NO. TBA FDMS NO. 2013-1082 FAA CASE No. 2012S0700133 Judge: Han. Richard C. Goodwin 12 Respondent Ridan Investments, Inc. hereby responds to Complainant Federal 13 Aviation Administration's first set ofdiscovery to Respondent Ridan Investment. Inc. 14 ("Ridan") 15 Ridan objects generally and specifically to each and every request for 16 production of documents, each and every special interrogatory and each and every 17 request for admission because the discovery in its entirety is untimely. 18 On March 4, 2014 a Procedural Order was issued and served which states in 19 part: "[o]n orbefore May9, 2014, the parties shall conclude all discovery including, but 20 not limited to, depositions, document production, responses to production requests 21 an/or interrogatories." 22 Section 13.220 (d) ofTitle 14 C.F.R. states that "unless otherwise directed by 23 this subpart or agreed bythe parties, a party shall respond to a request for discovery, 24 including filing objections to a request for discovery, not later than 30 days after 25 service ofthe request." 26 Section 13.211 (d) of Title 14 C.F.R states "[a]dditional time after service by 27 mail. Whenever a party has a right or duty to act or to make any response within a 28 prescribed period after service by mail, or on a date certain after service by mail, 5 1 RESPONSE OF RIDAN INVESTMENTS, INC. TO COMPLAINANT'S FIRST SET OF DISCOVERY

### 1 

### days shall be added to the prescribed period." 2 The Certificate of Service which was attached to Complainant's first set of 3 discovery states that itwas sent by certified mail, return-receipt requested on April 7, 4 2014. 5 When Sections 13.220 (d) and 13.211 (d) are read together in the context ofthe 6 

### date Complainant's first set ofdiscoverywas mail served, Respondent Ridan has up 7 to May 12, 2014 to respond - after the May 9, 2014 deadline for the conclusion of 

### 8 discovery as set forth in the Procedural Order. 9 

### Ridan therefore objects to the Complainant's first set of discovery because it 10 was served too late and violates the March 4, 2014 Order. 11 

### 12 Dated: May\7.-, 2014 LAW OFFICE OF LAWRENCE M. BUREK 13 14 

### 15 16 17 18 19 

### 20 21 22 

### 23 24 25 

### 26 27 28

# By·~~~'---

. LAWRENCE M.

### BIU~K Attorney for Respondent Ridan Investments, Inc.

2 RESPONSE OF RIDAN INVESTMENTS, INC. TO COMPLAINANT'S FIRST SET OF DISCOVERY

### CERTIFICATE OF SERVICE 

### I hereby certify that the foregoing document has been mailed on this date by Certified Mail, Return Receipt Requested to the following: CourtneyAdolph Office ofthe Regional Counsel, AWP-7

### .4 P.O. Box 92007 Los Angeles, CA 90009-2007 Executed this 121h 

### day of May, 2014 at

Legal Assistant Law Office of Lawrence M. Burek Attorney for Respondent Ridan Investments, Inc.

# Exhibit "G"DECLARATION OF COURTNEYADOLPH 

### I, COURTNEY ADOLPH, 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: I. 

### I am an attorney in the Office of the Regional Counsel, Federal Aviation Administration, Western-Pacific Region, and I am assigned to represent Complainant in the instant matter against Ridan Investments, Inc., FDMS No. 2013-1082, FAA Case No.2012S0700133. 2. This matter was transferred from Complainant's Office ofthe Regional Counsel in the Southern Region to Complainant's Office of the Regional Counsel in the WesternPacific Region because the March 4, 2014 Procedural Order set the location for a hearing inLong Beach, California. (See ExhibitB). 3. During approximately the week ofMarch 17, 2014, this matter was assigned to me. I prepared Complainant's First Set ofDiscovery to Respondent ("Discovery Requests")
on or before April 4, 2014 and took pre-approved leave during the week ofApril 7, 2014. 4. On April 7, 2014, Complainant served a Notice ofAppearance for the substitution of the Regional Offices' attorneys. (See ExhibitD). 5. On the same day, Complainant also served the Discovery Requests on Respondent. (See Exhibit E). 6. On or about May 19, 2014, Complainant received Respondent's Response to Complainant's DiscoveryRequests. (See Exhibit F).

### 7. On May 23, 2014, 

### Itelephoned Respondent's counsel, Lawrence M. Burek, regarding Respondent's Response in an attempt to meet and confer and resolve this discovery dispute before filing this instantmotion. 8. To resolve this discovery dispute, during the meet and confer telephone call, 

### I offered to 

### stipulate to ajoint request to extend discovery so that Respondent could also have an opportunityto serve discovery requests on Complainant. 9. Although the meet and confer discussion was productive, it did not result in an agreement or stipulation for Respondent to answer Complainant's discovery requests
orfor ajointrequestto extend the discovery timeline. I declare under penalty ofperjury under the laws ofthe United States ofAmerica that the foregoing is true and correct. Signed this 23'd 

### day ofMay 2014, 

### inHawthorne, CA.