465 California Street Suite 210 

## •
San Francisco California 94104

t (415) 421-2500 Fox (415) 421-2560

www.avialex.com law@avialex.com 

### Michael 

### L. Dworkin and Associates Law Offices

FEDEX: 

### FederalAviation Administration Attn: Hearing Docket Clerk, AGC-430 WilburWrightBuilding -2W1000 800 IndependenceAvenue SW Washington, DC 20591
RE: American Medflight, Inc. FAA Case No. 2014WP11010 FDMS: 2014-0815



### Dear Hearing Docket Clerk: November 4, 2014 

# RECEIVED NOV -5 2014 

## HEARING DOCKET

Enclosed herewithfor filing is the following document: American Medflight, Inc.'s FirstDiscovery Request.

cc: The Honorable Richard C. Goodwin Administrative Lawjudge Iryll Robbins-Umel, Esq. FAA,AWP-7 Verytrulyyours,
Caitlin M. Miller Legal AssistantMichael L. Dworkin #64047 MICHAEL L. DWORKIN and ASSOCIATES 465 California Street, Suite 210 San Francisco, California 94104 Telephone: (415) 421-2500 Facsimile: (415) 421-2560 Email: law@avialex.com Attorneys for AMERICAN MEDFLIGHT, INC. 

# RECEIVED NOV -5 2014 

## HEARING DOCKET

UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS

WASHINGTON, D.C.
Inthe Matter of:

AMERICAN MEDFLIGHT, INC. FAA CaseNo. 2014WP11010 FDMS: 2014-0815 

### AMERICAN MEDFLIGHT, INC.'S

FIRST DISCOVERY REQUEST Judge: Hon. Richard C. Goodwin



### PROPOUNDED BY: Respondent, AMERICAN MEDFLIGHT, INC. SET NUMBER: One DATE OF REQUESTS: November 4, 2014 RESPONSES DUE: December 4, 2014 TO THE DEPARTMENT OF TRANSPORTATION, ADMINISTRATIVE LAW JUDGE ASSIGNED TO THIS MATTER, AND TO THE ADMINISTRATOR, FEDERAL AVIATION ADMINISTRATION AND HIS ATTORNEYS OF RECORD: AMERICAN MEDFLIGHT, INC. (hereinafter referred to as "AMERICAN MEDFLIGHT"), by and through its undersigned counsel, submits the followingDiscovery Requests. AMERICAN MEDFLIGHT further requests that Complainant provide the following information inresponse to this Discovery Request on or before December 4, 2014.
Dated: November 4, 2014 MICHAEL L. DWORKIN AND ASSOCIATES
Michael L. Dworkin Attorney for AMERICAN MEDFLIGHT, INC.

FDMS NO. FAA-2014-0815 AMERICAN MEDFLIGHT, INC.'S FIRST DISCOVERY REQUEST 2

### 0.10 DEFINITIONSAND INSTRUCTIONS Please note: Court and counsel are requested to takejudicial notice of 14 Code of Federal Regulations, Parts 1-198, commonly referred to as the "Federal Aviation Regulations" (hereinafterreferred to as the "FAR's"), 49 Code ofFederal Regulations, Parts 171-173 (hereinafterreferred to as the "HMR's") and Title 49, United States Code, Transportation; all words used in this request shall have the same meaning as used in said FAR's, HMR's and Title 49, United States Code, Transportation, unless the sense indicates to the contrary.

0.1 Anyone acting onyour behalf- includes, but is not limited to, your attorneys, investigators, and their representatives, and consultants, including all experts.

0.2 Person- includes a natural person, firm, association, organization, partnership, business trust, corporation, or public entity.

0.3 Custodian- refers to the personhaving possession, custody or control. 0.4 Writing

- means handwriting, typewritten, printing, photostating, photographing, and every othermeans ofrecording upon any tangible thing, any form ofcommunication
or representation, including letters, words, pictures, sound, or symbols, or combinations thereof.

0.5 You- includes Complainant, its agents, employees, attorneys, and anyone else acting on behalfofComplainant.

0.6 Document or documents- includes writings, drawings, graphs, charts, photographs, phono-records, tapes, videotapes, films, and other compilations from which information canbe obtained, translated through detection devices into reasonably usable form when translation is practicably necessary.
FDMS NO. FAA-2014-0815 AMERICAN MEDFLIGHT, INC.'S FIRST DISCOVERYREQUEST 

### 30.7 Complainant- refers to the Federal Aviation Administration, its Administrator, directors, employees and agents, and includes, but is not limitedto, its attorneys, investigators, and their representatives, and consultants, including all experts.

1.0 DOCUMENTS SOUGHT TO BE PRODUCED l.l. Produce Complainant's case file bearing FAA Case No. 2014WP110010 in its entirety, including, but not limited to, items ofproof, exhibits, correspondence, memoranda, and all other documents containedtherein. 1.2. Produce all documents pertaining to the allegations set forth inthe Complaint inthis matter. 1.3. Produce all documents which Complainant intends to utilize as exhibits at the hearing inthis matter. 1.4. Produce all statements and documents pertaining to statements made to Complainant by AMERICAN MEDFLIGHT concerning the matters alleged inthe Complaint. 1.5. Produce all statements and documents pertaining to statements made to Complainant by any employees or former employees ofAMERICAN MEDFLIGHT concerning the matters alleged inthe Complaint. 1.6. Produce all statements and documents pertaining to statements made to Complainantby any other person, firm or corporation, concerning the matters alleged in Complaint. 1.7 Produce all resumes, curriculum vitae and any and all written qualifications ofall persons whom Complainant expects to utilize as expert witnesses at
FDMS NO. FAA-2014-0815 AMERICAN MEDFLIGHT, INC.'S FIRST DISCOVERY REQUEST 

### 4the hearing inthis matter. 1.8. Produce all documents pertaining to facts and opinions held by Complainant's experts acquired or developed in anticipation oflitigation or for the hearing inthis matter. 1.9. Produce all documents reviewed by Complainant's experts in connection withthe anticipated litigation or hearing inthis matter. 1.10. Produce all documents generatedby Complainant's experts in connection with the anticipated litigation orhearing inthis matter.



### 2.0 INTERROGATORIES 2.1. State the name, occupation, employer, address and telephone number of eachperson Complainantintends to call as a witness (including butnot limited to percipient witnesses, investigators and experts) at the hearing. 2.2. Provide copies ofall documents Complainant intends to offer into evidence as exhibits at the hearing, including the name and address ofits author or maker, the names and addresses ofall persons who were addresses, the date on which it
was created or made, the nature ofthe document and substance ofthe information or communication set forth inthe document. 2.3. For each expert witness Complainantintends to call atthe hearing, provide
a curriculum vitae, including a list ofall publications authored in the previous 10 years and a list ofall other cases in which, during the previous 4 years, the witness testified as
anexpert attrial or by deposition; 2.4. For each expert witness Complainant intends to call atthe hearing, provide
FDMS NO. FAA-2014-0815 AMERICAN MEDFLIGHT, INC.'S FIRST DISCOVERY REQUEST 

### 5

### a statement ofall opinions the witness will express andthe basis and reason for them; 2.5. For each expert witness Complainant intends to call at the hearing, provide copies ofany documents prepared or reviewed by said expert witness. 2.6. IfComplainant obtains additional documents not mentioned in response to RequestNo. 2.2, above, AMERICAN MEDFLIGHT requests these documents be produced as expeditiously as possible. 2.7. IfComplainant secmes additional witnesses not mentioned in response to Request No. 2.1, above, AMERICAN MEDFLIGHT requests a supplementary witness list and a briefstatementregarding the subject matter ofthe testimony ofeach ofthe witnesses. 2.8. Provide a description or smrunary ofany and all aggravating factors Complainant believes exist necessitating the penalty amount soughtin this matter. 2.9. Provide a description or smrunary ofany and all mitigating factors Complainant took into consideration when determining the penalty amount sought in

### this matter.

3.0 REQUESTS FOR

### ADMISSION 3.1. ADMIT that the FARviolations described in the Complaint were the result ofactions that are in express violation ofAMERICAN MEDFLIGHT's own policies, procedmes and manuals then in effect. 3.2. ADMIT thatthe AWOS equipment at Susanville, Californiahad been intermittently inoperative during the month ofFebruary, 2014.

FDMS NO. FAA-2014-0815 AMERICAN MEDFLIGHT, INC.'S FIRST DISCOVERY REQUEST 63.3. ADMITthatunder FAR Section 135.213, apilot is permittedto make his
or her own weather observation for VFRoperations ifthe weather observation equipment is inoperative. 3.4. Admitthat AMERICAN MEDFLIGHT's pilot onthe subject flight has contended in his communications withyou that the weather observation equipment, at the time ofthe subjectflight, was inoperative. 3.5. ADMIT that AMERICAN MEDFLIGHT's pilot on the subject flight has contended in his communications withyouthat (i) he made his ownweather observation prior to commencing the subject flight and (ii) determined that ceiling was in excess of 1,000 feet.

Respectfully submittedthis 41h day ofNovember, 2014.

# MIC~fL L.

# Drb~N AND ASSOCIATES



# .**/>~~!:;t~~** Attorney for AMERICAN MEDFLIGHT, INC.

FDMS NO. FAA-2014-0815 AMERICAN MEDFLIGHT, INC.'S FIRSTDISCOVERY REQUEST 7CERTIFICATE OF SERVICE The undersigned hereby certifies that onthis 4th day ofNovember, 2014, a true and correct copy ofthe foregoing AMERICAN MEDFLIGHT, INC.'S FIRST DISCOVERY REQUEST was served as follows: The Honorable Richard C. Goodwin Office ofHearings, M-20 1200 NewJersey Avenue, S.W. Room El2-320 Washington, D.C. 20590 FAX: 1-202-366-7536 {vffl-FAX-antlFED EX} Federal AviationAdministration Attn: Hearing Docket Clerk, AGC-430 Wilbur WrightBuilding- Suite 2Wl000 800 Independence Avenue SW Washington, DC 20591 {viaFEDEX} Iryll Robbins-Umel, Esq. Federal Aviation Administration Western Pacific Region, AWP-7 15000 Aviation Boulevard Lawndale, CA 90261 FAX: (310) 725-6816 {via FAXandFEDEX}

CaitlinMiller

FDMS NO. FAA-2014-0815 AMERICAN MEDFLJGHT, INC.'S FIRST DISCOVERY REQUEST 8