### SERVED: SEPTEMBER 28, 2012

U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS

WASHINGTON, DC
IN THE MATTER OF AVIATION TECHNICAL SERVICES, INC. FAA DOCKETNo. [TO BE ASSIGNED] (Civil Penalty Action) FDMS No. FAA-2011-0682
ORDERDENYING RESPONDENT'S MOTION 

### ... 1 l**lj~i·** "). 1. r-\ L.r ,) ,'!

Respondent Aviation Technical Services, Inc. ("Respondent") has filed under Rule 13.220(m)oftheRules ofPractice in FAA Civil Penalty Actions, 14 C.P.R. §13.220(m), a Motionto Compel Discovery ("Motion"). Complainant Federal Aviation Administration ("Complainant") has answered in opposition. The Motion will be denied. Respondent argues that certain ofComplainant's responses to its First Set of Interrogatories and First Set ofRequests for Production ofDocuments were inadequate. The responses, it is asserted, were not sufficiently detailed or descriptive. Respondent cannot properly prepare for the hearing without satisfactory responses, it states. Complainant demurs. I agree with Complainant. Complainant's responses adequately address Respondent's
·requests. Respondent has been given information sufficientto enable 

### itto properly prepare for the hearing. 1

1Respondent, ofcourse, may (subject to a valid objection) further inquire into these areas at the hearing. A meritorious claim ofunfair surprise at the answer, or any other claim, may be dealt with at thattime.2 Respondent also objects that Complainant's assertions ofprivilege are insufficiently supported. Greater detail supporting the bases ofComplainant's objections is required, it is argued. I do not agree. The documents Respondent seeks, I find, are protected bythe privileges asserted. Complainant'sjustifications for asserting the privileges are sufficient. Respondent, ofcourse, is not entitled to documents reflecting pte-Complaint and other internal deliberations ofthe agency. Nor is Complainant required to produce documents for which the attorney-client or work-product privileges may legitimately be asserted. Inview ofthe discussion above, Respondent's Motion is in its entirety DENIED.

Attachment

- Service List 

# l·&vJJ

# c-**~il<** Richard C. Goodwin Administrative Law Judge

### SERVICE LIST FDMS No. FAA-2011-0682 (Civil Penalty Action)



### ORIGINAL & 

### ONE COPY Federal Aviation Administration 800 Independence Avenue, S.W. Washington, DC 20591 Attention: Hearing Docket Clerk, AGC-430 Wi11Jur Wright Building-Suite 2W1000 1 

### ONE COPY Dane B. Jacques, 

### Respondent's Counsel DombroffGilmore Jacques & French, PC 1676 International Drive, PH McLean, VA 22102 TEL: 703-336-8800 FAJ{: 703-966-6111 KarenD. Huber, 

### Complainant's Counsel Attorney, Office ofthe Regional Counsel Northwest Mountain Region, ANM-7 Federal Aviation Administration 1601 Lind Avenue, S.W. Rentort, W A 98057 TEL: 425-227-2167 FAJ{: 425-227-1007 TheHonorable Richard C. Goodwin, Administrative LawJudge Office ofHearings, M-20 U.S. Department ofTransportation 1200 New Jersey Avenue, S.E. (Ell-310) Washington, DC 20590 TEL: 202-366-2139**Attorney~Advisor** 202-366-5121 StaffAssistant FAJ{: 202-366-7536

1 Service was by U.S. Mail. For service inperson orby expedited courier, use the following address:

. Federal Aviation Administration, 600 Independence Avenue, S.W., WilburWrightBuilding-Suite

2Wl000, Washington, DC 20591; Attention: Hearing Docket Clerk, AGC-430.