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 FederalAviation Administration Attn: Hearing Docket Clerk, AGC-430 WilburWright Building, Suite 2Wl000 800 Independence Avenue, SW Washington, DC20591 FAX: 202-493-5142 Re: Respondent's Initial Discovery Request FAA Case No. 2012CE4300ll To HearingDocket Clerk: Rebecca Can Rizzo tel202.663.9l43 rebecca.rizzo@plllsbury1 aw,com

Enclosed hereinplease find the original and one copy ofthe Respondent's Initial DiscoveryRequest 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 1104/24/2014 17:17:08 (Eastern)

IntheMatter of LEARJET, INC. From: Pillsbury Winthrop

- 202.663.8007

BEFORE THEUNITED STATES DEPARTMENT OFTRANSPORTATiON FEDERAL AVIATION ADMINISTRATION ) ) ) ) ) FAA DocketNo. FAA-2014-0113 (Civil PenaltyAction) FAACaseNo. 2012CE430011 TheHonorableRichard C. Goodwin RESPONDENT'S INITIAL DISCOVERYREQUEST 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 withinthi.rty (30) days ofservice ofthis 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 ofCivil Procedure 34(a). A draft or non-identical copy is a separate document within the mem1ing ofthis 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, orvihich wereknown to you to exist, or which you canlocate or discoverbyreasonably diligent efforts. B, The term "concem" or "concerning" means identifying, evidencing, summanzmg, commentingupon, refeningto, relatingto, describing, digesting, reporting, listing,.analyzing, studying, discussing, constituting orcomprising. 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 orpurportingto 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) whenreferring to a natural person, (a) the present orlastknownplace ofemployment, (b) the person's cunent title or position, and (c) his or her title or position during all times relevant to yomresponse. 

### 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 ofeach act, the date and the location ofthe act, andthenames and addresses ofall 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 ofthe singnlar fom1 ofany word includes the plmal and viceversa. I. "And" as well as "or" shall be construed either conjtmctivdy or disjunctively as necessary to bring within the scope ofthe requests any docmnents which might otherwisebe 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 ofprivilege, attorney work product, or other grounds, please (1) descJi.be tl1c nature ofthe document (e.g., letter, memorandum); (2) state the date ofthe document; (3) identify the sender, author, tmd all recipients oftl1e document; (4) stumnarize the subject matter of the document; and (5) state the basis on which you contend you arc entitled to withhold the documentfrom 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 yourresponses as requit·ed hy: 14 C.F.R. § 13.220(i). DOCUMENT REQUESTS 1. A copy ofany: and all documents identified or referred to in, or relied upon in drafting the Notice ofProposed Civil Penaltyinthis matter. 2. A copy ofany and all documents identified or refen-ed to in, or relied upon in drafting your responses to the accompanying lntenogatories. 3. A copy ofyour entire file with respect to Case No. 2012CE430011, including a copy of all memoranda, notes, e-mail, bulletins, advisories or otl1er writing of any ldnd or description

204!24!2014 17:18:11 (Eastern) From: Pillsbury Winthrop

- 202.663.8007 Page 6 oF II

preparedbyanyperson employedbythe FAA concerning this case. This may include, butis not limited to, anyrecommendation whenever made as well as any documents, notes, e-mail, memoranda, bulletins, advisories or other writingrelated to anyreview ofthis case. 4. A copy ofyour entire file with respect to docket no. 2011CE430050, including a copy ofall 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 lllnitedto, any recommendationwhenever made as well as any documents, notes, e-mail, memoranda, bulletins, advisories or other writing related to any review ofthis investigation. 5. A copy ofyour entire file with respect to docket no. 2011CE430049, including a copy ofall 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 notlimited to, any recommendation whenevermade as well as any documents, notes, e-mail, memonmd<i, bulletins, advisories or other writing related to any review ofthis investigation. 6. A copy of any and all documents concerning, referring or relating to your allegation in Paragraph Il(l8) ofyonr Complaint that ''Learjet's quality system is being operated outside ofits FAA approvedprocedures andregulatory requirements." 7. A copy of any and all documents conceming, referring or relating to your allegation 111 Paragraph III(!a) ofyour Complaintthat 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) ofyour Complaint thatLeatjet violated 14 C.P.R.§ 2U46(c). 9. A copy ofany and all documents that contain any type ofreport or infonnation prepared by, conveyed to, or received by, any employee ofthe 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 thatrelateto the allegedviolations. 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 ofLearjet's alleged violations and thatrelateto t11e alleged violations, including employees or agents ofLemjet. 12. A copy ofall correspondence that FAA employees have received regarding this case as well as all related enforcement cases. 13. A copy ofall related civil penalty actions, guidm1ce tables, 

### or sanction infonnation on which the FAA relied in arriving at therecommended civil penalty actioninthis case. 14. All documents considered or relied npon by any expert witness whose testimony the FAA intends to proffer.

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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 testimonytheFAAintends 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 phraseis used onpage 2 ofSectionB ofthe 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 aircraftmanufacturer, referring orrelatedto arule or requirementwithrespectto 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 OrganizationDesignationAuthorizationUnitMember). 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 FAAby any aircraft mmmfachrrer, referring orrelated to arule orrequirement withrespectto theissuance ofairworthiness 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 inresponse to CaseNo. 2012CE4300ll. INTERROGATORIES 1. Please set forth in detail the exact =ount ofthe $247,500 proposed civil penalty associated with each allegedviolation set forthinyour Complaint. 2. Please set forth in detail eachfact that fon11s the basis for your allegationin:
a. PtLragraph II(3) of ym1r Complai11t, that: "the FAA documented 13 unsatisfactory conditions with SIN 408"; "Lemjetwas unableto show compliance to the FAA approved type design for 10 ofthe 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 ofSIN 408.

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c. Paragraph II(7) ofyour Compliant, that Lemjet "failedto 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 werenot in a condition for safe operation[.]"
e. Paragraph Il(14) of your Complaint, that "Multiple unsatisfactory conditions" existed withrespectto 

### SIN445 and "SIN 445 did not conform to its approved design and was not in a condition for safe operation." f. Paragraph !1(17) ofyour Complaint, that: "Eight unsatisfactory conditions" existed with respectto 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 ofits FAA approved procedures andregulatoryrequirements." 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 Complaintwere ineffective." 4. Please set forth in detail the basis for your withdrawal ofyour conditional acceptances, as set forth in Paragraph TT(15) ofyour Complaint, ofLearjet's proposed conective actions. 5. Please identify each FAA denial ofa certificate for airworthiness since ActgLlSt 1, 2011, and for each such denial, set forth in detail thebasis for such deniaL 6. Please identify every aircraft mamrfactwer for which the FAA has provided "additional oversight" ofits Orgm1ization DesignationAuthorization since August 1, 2011, as that phrase is used on page 2 ofSection B ofthe 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 permittedto serve dual roles (for example, that employees are no longerpem1itted to serve as a companyinspectorand an OrganizationDesignationAuthorizationUnitMember). 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.

504/24/2014 17:19:52 (Eastern) From: Pi 11sbury 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 ofby (a) letter ofcorrection, (b) civil penalty, or (c) settlement with civil penalty, or (d) settlement without civil penalty, or (e) otherwise. If your response is "otherwise,"please specifythe terms ofeach such disposition. 11. Please identify each individual with personal knowledge of Learjet's alleged violations, including without limitation each employee or agent ofthe Federal government or any other personwho assisted in theinvestigation ofthematters 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 ofthe substance ofthe testimonyto be offeredby each witness inhis orher 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, inWichita, Kansas orKansas 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 expertis expected to testify; (c) provide a summary ofthe basis for each opinion; and (d) provide a copy of any document describing tl1e expert's professional qualifications, iftl1eFAAintends 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 ofall individuals who either spoke to, or were interviewed by, the FAAregarding this case. 16. Identify and produce copies ofany and all docl!ments on which the FAA anticipates relying, or will rely, in furtherance of the case it will present before the administrative lawjudge. This request includes, butis notlimited 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 RespondentLeatjetviolated 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 thatRespondentLemjetviolated 14 C.P.R. § 21.146(c).

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Dated: April24, 2014 From: Pillsbury Winthrop- 202.663.8007

7 Respectfully submitted,

Ke ethP. Quitm Jc1mifer B. Track PILLSBURYWINTHROP SHAWPITTMAN 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 

### CounselforLecajet, inc. Page 10 oF II04/24/2014 17:20:31 (Eastern) From: Pillsbury Winthrop- 202.663.8007

CERTIFICATE OF SERVICE I hereby certifythat I have this, the 24th day ofApril, 2014, caused a copy oftheforegoing document to be served to the following personsviafacsimile andU.S. First Class mail:
FederalAviation Administration 800 Independence Avenue, SW Washington, DC 20591 Attention: HearingDocket Clerk, AGC-430 WilbmWright**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. Gooelwin U.S. Administrative Law Judge Office ofHearings, M-20 U.S. Department ofTransportation 1200NewJerseyAvenue, S.E. (E11-310) Washington, D.C. 20590 Attn: PatriciaMatthews (Richard.GoodwinCdWot.gov) PAX202-366-7536

Dated: April 24, 2014 Washington, DC20037 (202) 663-8000

8 Page II oF II04/24/2014 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 applicabletaxpractice standards, any advice inthis message (including attachments) is notintended orwrittento be used, and itcannotbe used, forthe purpose ofavoidingtaxpenalties orfor the purpose ofpromoting, marketing or recommendingto another party any tax-related matters. Additionally, the contents ofthis message, togetherwith any attachments, are intended only forthe use ofthe individual orentityto whichthey are addressed andmay contain informationthat is legally privileged, confidential and exempt from disclosure. Ifyou are notthe intendedrecipient, you are herebynotifiedthat any dissemination, distribution, orcopying ofthis message, or any attachment, is strictly prohibited. Ifyouhave receivedthis message in error, please notifythe original senderorthe Pillsbury Winthrop Shaw Pittman Help Desk at Tel: 800-477-0770, Option 1, immediatelybytelephone orbyreturn E-mail and delete this message, along with any attachments, from your computer. Thankyou.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

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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:
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