04124/2014 17:16:54 (Eastern) From: Pillsbury Winthrop- 202.663.8007 

~1llsour~ Pillsbury Winthrop Shaw Pittll'.an LLP 

2300 N S-t::mel, l\IW I Washino;,'ton, DC 20037-1122 I tol 202.663.8000 I rax 202,663.8007 

April 24, 2014 

VIA FIRST CLASS MAIL AND FACSIMILE 

Hearing Docket 

Federal Aviation Administration 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building, Suite 2Wl 000 

800 Independence Avenue, S W 

Washington, DC 20591 

FAX: 202-493-5142 

Re: Respondent's Initial Discovery Request 

FAA Case No. 2012CE4300ll 

To Hearing Docket Clerk: 

Rebecca Can Rizzo 

tel202.663.9l43 

rebecca.rizzo@plllsbury 1 a w, com 

Enclosed herein please find the original and one copy of the Respondent's Initial 

Discovery Request served on Apri124, 2014, in the above-referenced proceeding. 

Sincerely yows, 

~" cc: David Kessler 

The Honorable Richard C. Goodwin 

www.pillsburyiaw.com 50": 334338V1 

Page 3 oF 11 
04/24/2014 17:17:08 (Eastern) 

In the Matter of 

LEARJET, INC. 

From: Pillsbury Winthrop - 202.663.8007 

BEFORE THE UNITED STATES 

DEPARTMENT OF TRANSPORTATiON 

FEDERAL AVIATION ADMINISTRATION 

) 

) 

) 

) 

) 

FAA Docket No. FAA-2014-0113 

(Civil Penalty Action) 

FAA Case No. 2012CE430011 

The Honorable Richard C. Goodwin 

RESPONDENT'S INITIAL DISCOVERY REQUEST 

Pmsuant to 14 C.P.R. § 13.220, Respondent Lemjet Inc. ("Learjet" or "Respondent") by 

m1d through its counsel, Pillsbury Wintln·op Shaw Pittmm1 LLP, hereby requests that the 

Complainant Federal Aviation Administration ("FAA") respond to these discovery requests 

within thi.rty (30) days of service of this request. 

DEFINITIONS AND INSTRUCTIONS 

Page 4 of 11 

A. The tem1 "document" is synonymous in meaning and equal in scope to its use in Federal 

Rule of Civil Procedure 34(a). A draft or non-identical copy is a separate document within 

the mem1ing of this lem1. The term "document" shall include, without limitation, the original 

and any non-identical copy (whetl1er di±Ierent from the original because of handwritten 

notes, 1.mderlinings, or other markings on the copy, or otl1erwise), regardless of origin or 

location, of '>Vritten, typed, printed, electronic (i.e. e-mail) or graphic matter, however 

produced or reproduced, and electrical or magnetic sound or video recordings, data storage 

medium (i.e., thumb drive, CD, etc. of any size), hard disk or computer magnetic tape, 

soJtware, optical disk, film or photographic prints, microfiche or microfilm, and any other 

writings or recordings of every kind and description, including but not Hmited to papers, 

letters, conespondence, agreements, contracts, telegrams, notes, notations, brochures, 

pmnphlets, memorm1da, reports, articles, books, tables, charts, graphs, blueprints, drawings, 

lists, surveys, diaries, facsimiles, specimens, models, schedules, account ledgers, persmmel 

records, spread sheets, telephone messages, audits, financial history, including income 

statements, financial statements and balance sheets, indices, and drafts, revisions, or 

amendments of any of the above, and generally, any kind of records which arc now, or 

formerly were, in your possession, custody, or control, or vihich were known to you to exist, 

or which you can locate or discover by reasonably diligent efforts. 

B, The term "concem" or "concerning" means identifying, evidencing, summanzmg, 

commenting upon, refening to, relating to, describing, digesting, reporting, listing,. analyzing, 

studying, discussing, constituting or comprising. 

C. The term "referring or relating to" means referring to, relating to , regarding, reflecting, 

discussing, constitnting, managing, pertaining to, alluding to, describing, supporting, 

evidencing, or associated with. 
04/24/2014 17:17:40 (Eastern) From: Pillsbury Winthrop- 202.663.8007 Page 5 of 11 

D. The term "you" or "yours" includes the FAA and any person or entity acting or purporting to 

act on its behalf. 

E. The tenn "identify" as to persons, means to give, to the extent known, (i)the person's full 

name, (ii) present or last known address, (iii) present or last known telephone number, (iv) 

when referring to a natural person, (a) the present or last known place of employment, (b) the 

person's cunent title or position, and (c) his or her title or position during all times relevant 

to yom response. 

I<. The phrase "describe in detail" means to provide with respect to any act, occurrence, 

transaction, event, statement, communication or conduct (collectively "act") all facts 

conceming any such act, including bul not limited to a description of each act, the date and 

the location ofthe act, and the names and addresses of all persons involved. 

G. TI1e term ''Complaint" means the Complaint filed by the FAA in tl1is case and served on 

March 24, 2014. 

H. The usc of the singnlar fom1 of any word includes the plmal and vice versa. 

I. "And" as well as "or" shall be construed either conjtmctivdy or disjunctively as necessary to 

bring within the scope of the requests any docmnents which might otherwise be construed to 

be outside their scope. 

J. If you withhold any responsive document, or any part of any respo11sive document, from 

disclosure pmsuant to a claim of privilege, attorney work product, or other grounds, please 

(1) descJi.be tl1c nature of the document (e.g., letter, memorandum); (2) state the date of the 

document; (3) identify the sender, author, tmd all recipients of tl1e document; ( 4) stumnarize 

the subject matter of the document; and (5) state the basis on which you contend you arc 

entitled to withhold the document from prodtJction. 

K. If a document which would have been responsive has been destroyed, lost, or disposed of 

intentionally, please (1) describe the document; (2) set forth the circumstances of its 

destruction, loss or disposal; and (3) identify each person having knowledge concerning the 

contents oftl1e document. 

L. These Document Requests and Interr-ogatories are continuing. Please promptly supplement 

or amend your responses as requit·ed hy: 14 C.F.R. § 13.220(i). 

DOCUMENT REQUESTS 

1. A copy of any: and all documents identified or referred to in, or relied upon in drafting the 

Notice of Proposed Civil Penalty in this matter. 

2. A copy of any and all documents identified or refen-ed to in, or relied upon in drafting your 

responses to the accompanying lnteno gatories. 

3. A copy of your entire file with respect to Case No. 2012CE4300 11, including a copy of all 

memoranda, notes, e-mail, bulletins, advisories or otl1er writing of any ldnd or description 

2 
04!24!2014 17:18:11 (Eastern) From: Pillsbury Winthrop - 202.663.8007 Page 6 oF II 

prepared by any person employed by the FAA concerning this case. This may include, but is 

not limited to, any recommendation whenever made as well as any documents, notes, e-mail, 

memoranda, bulletins, advisories or other writing related to any review of this case. 

4. A copy of your entire file with respect to docket no. 2011CE430050, including a copy of all 

memoranda, notes, e-mail, bullet1ns, advismies or other writing of any kind or description 

prepared by any person employed by the FAA concerning this investigation. TI1is may 

include, but is not lllnited to, any recommendation whenever made as well as any documents, 

notes, e-mail, memoranda, bulletins, advisories or other writing related to any review of this 

investigation. 

5. A copy of your entire file with respect to docket no. 2011CE430049, including a copy of all 

memoranda, notes, e-mail, bulletins, advisories or other writing of any kind or description 

prepared by any person employed by the FAA conceming this investigation. This may 

include, but is not limited to, any recommendation whenever made as well as any documents, 

notes, e-mail, memonmd<i, bulletins, advisories or other writing related to any review of this 

investigation. 

6. A copy of any and all documents concerning, referring or relating to your allegation in 

Paragraph Il(l8) of yonr Complaint that ''Learjet's quality system is being operated outside 

of its FAA approved procedures and regulatory requirements." 

7. A copy of any and all documents conceming, referring or relating to your allegation 111 

Paragraph III(! a) of your Complaint that Learjet violated 14 C.F.R. § 2l.l46(b). 

8. A copy of any and all documents concerning, referring or relating to your allegation in 

Paragraph III(! b) of your Complaint that Leatjet violated 14 C.P.R.§ 2U46(c). 

9. A copy of any and all documents that contain any type of report or infonnation prepared by, 

conveyed to, or received by, any employee of the FAA that touches npon or concems the 

facts and circumstances sunounding Learjet's alleged violations, and the subsequent FAA 

investigation. 

10. A copy of any and all documents containing statements provided by FAA employees who 

have knowledge ofLea1jet's alleged violations and that relate to the alleged violations. 

11. A copy of any and all documents containing statements provided by any other person, not 

covered in Requests for Prodtlction Nos. 9 and 10, who has knowledge of Learjet's alleged 

violations and that relate to t11e alleged violations, including employees or agents of Lemjet. 

12. A copy of all correspondence that FAA employees have received regarding this case as well 

as all related enforcement cases. 

13. A copy of all related civil penalty actions, guidm1ce tables, or sanction infonnation on which 

the FAA relied in arriving at the recommended civil penalty action in this case. 

14. All documents considered or relied npon by any expert witness whose testimony the FAA 

intends to proffer. 

3 
0q;zq1201q 17:18:q5 (Eastern) From: Pillsbury Winthrop- 202.663.8007 Page 7 oF II 

15. All communications between you and any expert witness whose testimony the FAA intends 

to proffer. 

'16. All written reports by an expert witness whose testimony the FAA intends to proffer. 

17. Copies of all letters denying certificates of airworthiness submitted by ~ny aircraft 

mOJnufacttu·er since August 1, 2011. 

18. Copies of all documents, including any memoranda, notes, e-mail, bulletins, advisories or 

other writing of any ldnd or description prepared by m1y person employed by the FAA, or 

any document, including emails, letters, facsimiles, and memoranda sent to the FAA by any 

aircraft ma:nuftwtl~rer, concerning the FAA's provision of "additional oversight" of mw 

aircraft mmmfacturer' s Organization Designation ALrthoiization since August 1, 2011, as that 

phrase is used on page 2 of Section B of the EIR for Case No. 2012CE430011. 

19. Copies of all docLnnents, including any memoranda, notes, c"mail, bullelins, advisories or 

other writing of any kind or description prepared by any person employed by the FAA, or 

:my docmnent, including cmails, letters, facsimiles, and memoranda sent to the FAA by any 

aircraft manufacturer, referring or related to a rule or requirement with respect to the issuance 

of airworthiness certificates that the mmmfacturer's employees arc no longer pennitted to 

serve dual roles (for example, that employees arc no longer permitted to serve as a compm1y 

inspector t1nd an Organization Designation Authorization Unit Member). 

20. Copies of all documents, including any memonmda, notes, e-mail, bulletins, advisories or 

other writing of m1y kind or description prepared by any person employed by the FAA, or 

any document, including emails, letters, facsimiles,. and memoranda, sent to the FAA by any 

aircraft mmmfachrrer, referring or related to a rule or requirement with respect to the issuance 

of airworthiness certificates that denial letters are automatic for any m1satisfactory condition. 

21. To the extent not previously provided in response to the foregoing Requests for Production, 

any and all documents concerning, referring or relating to the effectiveness o:f Lemjet's 

corrective actions in response to Case No. 2012CE4300ll. 

INTERROGATORIES 

1. Please set forth in detail the exact =ount of the $247,500 proposed civil penalty associated 

with each alleged violation set forth in your Complaint. 

2. Please set forth in detail each fact that fon11s the basis for your allegation in: 

a. PtLragraph II(3) of ym1r Complai11t, that: "the FAA documented 13 unsatisfactory 

conditions with SIN 408"; "Lemjet was unable to show compliance to the FAA approved 

type design for 10 of the 13 unsatisfactory conditions"; m1d "SIN 408 did not contorm to 

its approved design and was not in a condition for safe operation[.]" 

b. Paragraph II( 4) of your Complaint, that: "six additional quality system issues" were 

identified during the ainvorthiness inspection of SIN 408. 

4 
0412412014 17: 19: 18 (Eastern) From: Pillsbury Winthrop- 202.663.8007 Page 8 of 11 

c. Paragraph II(7) of your Compliant, that Lemjet "failed to list any deviations" with respect 

to S/Ns 396, 403, 427, 432, and 409. 

d. Paragraph Il(8) of your Complaint, that the fAA discovered "55 unsatisfactory 

conditions" and determined that "all five aircraft did not conform to their approved 

design tmd were not in a condition for safe operation[.]" 

e. Paragraph Il(14) of your Complaint, that "Multiple unsatisfactory conditions" existed 

with respect to SIN 445 and "SIN 445 did not conform to its approved design and was not 

in a condition for safe operation." 

f. Paragraph !1(17) of your Complaint, that: "Eight unsatisfactory conditions" existed with 

respect to SIN 447 and "S/N 477 did not conform to its approved design and was not in a 

condition for safe operation." 

g. Paragraph ll(18) of your Complaint, that: "Loarjot's quality system is being operated 

outside of its FAA approved procedures and regulatory requirements." 

3. Please set forth in detail the basis for your detem1inalion, as set forth in Piu·agraph Il(l3) of 

your Complaint, that "Learjet's proposed corrective actions noted in paragraphs 5 and 10 of 

the Complaint were ineffective." 

4. Please set forth in detail the basis for your withdrawal of your conditional acceptances, as set 

forth in Paragraph TT(15) of your Complaint, ofLearjet's proposed conective actions. 

5. Please identify each FAA denial of a certificate for airworthiness since ActgLlSt 1, 2011, and 

for each such denial, set forth in detail the basis for such deniaL 

6. Please identify every aircraft mamrfactwer for which the FAA has provided "additional 

oversight" of its Orgm1ization Designation Authorization since August 1, 2011, as that phrase 

is used on page 2 of Section B of the EIR for Case No. 2012CE430011, and for each SLJCh 

aircraft manufachJrer, describe in detail (1) the basis for the FAA's provision of "additional 

owrsight," and (2) the dates on whkh such "additional oversight" was provided. 

7. Please identify every aircraft manufacturer for which the FAA has conducted random 

reviews of airworthiness inspections conducted by the manufacturer's Organization 

Designation Authorization since August 1, 2011, and for each such aircraft mmmfacturer, 

describe in detail (1) the basis for such random reviews, and (2) the dates on which such 

random reviews were conducted. 

8. Please identify every aircraft manufacture who has adopted a rule or requirement regarding 

the issuance of airworthiness certificates fhat the mmmfacturer's employees are no longer 

permitted to serve dual roles (for example, that employees are no longer pem1itted to serve as 

a company inspector and an Organization Designation Authorization Unit Member). 

9. Please identify every aircraft manufacture who has adopted a wle or requirement regarding 

the issuance of airworthiness certiJ1cates that denial letters ~re automatic for any 

unsatisfactory condition. 

5 
04/24/2014 17:19:52 (Eastern) From: Pi 11 sbury Winthrop - 202.663.8007 

10. Please identify each FAA administrative or enforcement action involving alleged violations 

of 14 C.P.R.§ 21.146(b) or 14 C.P.R.§ 21.146(c), and, as to each such action, state whether 

the actiou was disposed of by (a) letter of correction, (b) civil penalty, or (c) settlement with 

civil penalty, or (d) settlement without civil penalty, or (e) otherwise. If your response is 

"otherwise," please specify the terms of each such disposition. 

11. Please identify each individual with personal knowledge of Learjet' s alleged violations, 

including without limitation each employee or agent of the Federal government or any other 

person who assisted in the investigation of the matters set forth in the Complaint. 

12. Identify the name, title, address and business or home telephone number of each witness 

whose testimony the FAA intends to proffer, and provide a short statement of the substance 

of the testimony to be offered by each witness in his or her testimony. 

13. Please identify the dates and times that the individuals identified in Interrogatories Nos. 11 

and 12 will be available for a deposition by Learjet's counsel, Pillsbury Winthrop Shaw 

Pittman LLP, in Wichita, Kansas or Kansas City, MO. 

14. With 1·ospcct to each witness named in Interrogatory No. 12 who is an expert witness: (a) 

identify the topics about which the expert is expected to testify; (b) describe the substance of 

tl1e facts ~nd opinions to which the expert is expected to testify; (c) provide a summary of the 

basis for each opinion; and (d) provide a copy of any document describing tl1e expert's 

professional qualifications, iftl1e FAA intends to introduce into evidence or otherwise rely on 

said doecuuent. 

15. To the extent the FAA's responses to the above questions do not include it, provide 

statements of all individuals who either spoke to, or were interviewed by, the FAA regarding 

this case. 

16. Identify and produce copies of any and all docl!ments on which the FAA anticipates relying, 

or will rely, in furtherance of the case it will present before the administrative law judge. 

This request includes, but is not limited to, documents that the FAA intends to introduce into 

evidence. 

17. Identify with specificity the documents and/or witnesses' testimony that the FAA intends to 

proffer in support of, and set forth in detail each fact that forms the basis for, its allegation 

that Respondent Leatjet violated 14 C.P.R. § 21.146(b). 

18. Identify with specificity the documents ancVor witnesses' testimony that the FAA intends to 

proffer in support of, and set forth in detail each fact that fonns the basis for, its allegation 

that Respondent Lemjet violated 14 C.P.R. § 21.146(c). 

6 

Page 9 oF 11 
04/24/2014 17:20:22 (Eastern) 

Dated: April24, 2014 

From: Pillsbury Winthrop- 202.663.8007 

7 

Respectfully submitted, 

Ke eth P. Quitm 

J c1mifer B. Track 

PILLSBURY WINTHROP 

SHAW PITTMAN LLP 

2300 N Street, N.W. 

Washington, D.C. 20037 

Tel: (202) 663-8000 

Fax: (202) 663-8007 

E-mail: kguinn@pillsburylaw .com 

jtrock@pillshmylaw.com 

Counselfor Lecajet, inc. 

Page 10 oF II 
04/24/2014 17:20:31 (Eastern) From: Pillsbury Winthrop- 202.663.8007 

CERTIFICATE OF SERVICE 

I hereby certify that I have this, the 24th day of April, 2014, caused a copy of the foregoing 

document to be served to the following persons via facsimile and U.S. First Class mail: 

Federal Aviation Administration 

800 Independence Avenue, SW 

Washington, DC 20591 

Attention: Hearing Docket Clerk, AGC-430 

Wilbm Wright Building~ Suite 2W1000 

FAX: 202-493-5142 

(Original a11d one copy) 

David Kessler, Complainm1t's Counsel 

Federal Aviation AdministTation 

901 Locust, Room 506 

Kansas City, MO 64106-2641 

FAX: 816-329-3771 

The Honorable Richard C. Goo elwin 

U.S. Administrative Law Judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

1200NewJersey Avenue, S.E. (E11-310) 

Washington, D.C. 20590 

Attn: Patricia Matthews 

(Richard. Good winCdWot. gov) 

PAX 202-366-7536 

Dated: April 24, 2014 

Washington, DC 20037 

(202) 663-8000 

8 

Page II oF II 
04/24/2014 17:16:11 (Eastern) From: Pillsbury Winthrop - 202.663.8007 

To: 12024935142 

From: joyce.nakka@pillsburylaw.com 

Date: April24, 2014 21:15:31 GMT 

Subj: FAA Case No. 2012CE430011 Respondent's Initial DiscoveryRequest 

Pages: 11 

Joyce Nakka I Pillsbury Winthrop Shaw Pittman LLP 

Legal Secretary 

2300 N Street, NW I Washington, DC 20037-1122 

t 202.653.9438 1 c 301.821.6607 

joyce.nakka@pillsburylaw.com I pillsburylaw.com 

plllsbur~ 

In compliance with IRS and other applicable tax practice standards, any advice in this message (including attachments) 

is not intended or written to be used, and it cannot be used, for the purpose of avoiding tax penalties or for the purpose 

of promoting, marketing or recommending to another party any tax-related matters. 

Additionally, the contents of this message, together with any attachments, are intended only for the use of the 

individual or entity to which they are addressed and may contain information that is legally privileged, confidential and 

exempt from disclosure. If you are not the intended recipient, you are hereby notified that any dissemination, 

distribution, or copying of this message, or any attachment, is strictly prohibited. If you have received this message in 

error, please notify the original sender or the Pillsbury Winthrop Shaw Pittman Help Desk at Tel: 800-477-0770, 

Option 1, immediately by telephone or by return E-mail and delete this message, along with any attachments, from 

your computer. Thank you. 
04/2412014 17:16:38 (Eastern) From: Pillsbury Winthrop- 202.663.8007 

~1llsour~ Pilisbury Winthrop Shaw Pitu"r1an LLP 

2300 1\l Street, NW 1 Washington, DC 20037-1122 I tel 1!02,663.8000 i fax 202.663.8007 

fACSIMILE 

ABU DHAEII 

HOUSTON 

LONDON 

LOS ANGELES 

NASHVILLE 

NEW YORK 

NORTHERN VIRGINIA 

ORANGE COUNTY 

s.,CRAMENTO 

SAN DIEGO 

SAN DIEGO-NORTH COUNTY 

SAN FRANCISCO 

SHANGHAI 

SILICON VALLEY 

TOKYO 

WASHINGTON DC 

Confidentiality Note: 

The documents accompanying 

ihls facsimile transmission mai 

contain confldentlallnfolmatlon 

Whioh is legally privileged, The 

lnforma~on Is intended only for 

the use of the indiVidual or entity 

named above. If you are not the 

intended recipient, or the person 

responsible for delivering It to the 

intended roclptent, you are 

hereby notified thal any 

disclosure, copying, distribution 

or use of any of the Information 

contained in this transmission is 

strictly PROHIBITED. If you 

r.ave received this trahSmlsslon 

in error, please Immediately 

notify us by telephone and mail 

the original transm 1.sslon to us. 

Thank you. 

wvvw.pi!lsl)urylavv.com 

Total Pages (Including cover): 

Date: April24, 2014 Must Be Sent By: 

To: Hearing Docket Clerk, AGC Fax No: 202-493-5142 

430 

Company: FAA Phone No: 

Confirm: Confirmed By: 

From: Rebecca Carr Rizzo Phone No: 202.663.9143 

Email: r~bccoa.rizzo@pillsbmylaw.com Fax No: 202.663.8007 

User No: 54632 C/M No: 

Comments: 

Re: FAA Case No, 2012CE430011 

If you have not properly received this fax, please call (202) 663w8000. Thank you . 

Operator: . Time Sent: ___ Batch ID: 

Page 2 oF 11