U.S. DEPARTMENT OFTRANSPORTATION OFFICE OF HEARINGS WASHINGTON, DC IN THE MATTER OF DENNIS J. MCGLYNN 

### ) 

# RECEIVED JAN 242ll14 

## HEARING DOCKET ) ) ) FAA DOCKET No: TBA RESPONDENT ) 

### ) FAA Region :Western-Pacific Judge: Honorable Richard C. Goodwin OMS No. FAA-2013-0615

FIRST REQUEST TO ADMIT, FIRST SET OF INTERROGATORIES AND FIRST REQUESTTO PRODUCE DEFINITIONS The term "Complaint" as used in the Requests refers to the Complaintdated July 18,2013,filed under FAA Case No. 2012WP270033. The term "document" as used in these discovery requests includes writings, drawings, diagrams, reports, notes, photographs, and video, whether stored electronically or otherwise. The term "Parachute Operation" as used in these Requests refers to the tandem student parachute operation on orabout May 7, 2011, as described in the Complaint. The terms "jump" or "jumping" as used in these Requests refers to jumping from the aircraftwith the studentTandem Parachutist pursuanttothe Parachute operation. The term UPT refers to United Parachute Technologies. The term USPA refers to the U.S. Parachute Association. The terms "you" and "your" in this set of interrogatories, requestto admit and request to produce refers to the United States Department of Transportation and the

1Federal Aviation Administration ( FAA) as petitioner and/or plaintiff in this cause of action. REQUESTTO ADMIT Now comes Dennis McGlynn and requests the FAA admit or denythe following propositions. 1. Please admit or denythatthe tandem passengeron the subject skydive was Esther Laverne Everett. 2. Please admit or denythat Esther Laverne Everett madethejump in question of her
own free will and at notime was forced to make her tandem sky dive by Dennis McGlynn or any one else. 3. Please admit or denythatthere have been other instances oftandem passengers falling out of the harness. 4. Please admit or denythatthere have been instances of non-tandem skydivers falling out oftheir harnesses. 5. Please admit or denythat, dueto body shape or lack of muscletone it is possible for
a skydiver, tandem passenger or otherwise to fall from the harness even if that harness is properly adjusted. 6. Please admit or denythat shortly after the incident complained ofthe manufacturer ofthe equipment used in the subjectjumpwas modified so as to prevent a tandem passengerfrom falling from the harness. 7. Please admit or denythat it is unlikelythatthe manufacturer of the harness used in the jump in question would admitthattheir harness was in anywayfaulty or contributed tothe incident in question. 28. Please admit or denythat subsequentto thejump in question, Esther Laverne Everett wasinterviewed. 9. Please admitor denythat each time Esther Laverne Everett was interviewed she stated that shewas notforced outofthe airplane by Dennis McGlynn or any one else. 10. Please admit or denythat Esther Laverne Everett has stated on at least one televised interview, that Dennis McGlynn had saved her life during the skydive in question. 11. Please admit or denythat underthe rules of practice in FAA civil penalty actions ( codified at 14CFR 13 sub part G )video recordings of interviews with Esther Laverne Everett are admissible into evidence hereforthe purposes oftrial and summary disposition motions ifany. INTERROGATORIES Now comes Dennis McGlynn and for hisfirst set of Interrogatoriesto the 

### FAA propoundsthefollowing set of_Interrogatories:

1. Identify by name, postal address, email address, and telephone number all persons whom the FAA believes have personal knowledge of any incident alleged in FAA's complaint. Please note which individuals the FAA intends to call
as witnesses including video photographers. 2. Identify bytitle, date author, present custodian, and content, all documents obtained by the FAA or in the possession of the FAA relating to the assertions in the complaint. 

### 33. Identify by name, postal address, email address and telephone number all persons whom you intend to have testify as witnesses in the presentation ofThe FAA's case in chief at a hearing on this matter and provide a detailed summary of such anticipated testimony. Please also include all who may be called in rebuttal. 4. Identify by name, postal address, email address and telephone number all persons whom The FAA intends to have testify as an expertwitness in any hearing in this matter and provide a curriculum vitae of each expert setting forth what in the opinion ofthe FAA qualifiesthem to be an expert and also provide a detailed summary of each expert's anticipated testimony. 5. Identify bytitle, date, author present custodian, and content, which documents The FAA anticipates offering into evidence at a hearing in this matter, and through which witness orwitnesses. 6. Identifywith particularity anyvideos which the FAA intendsto introduce into evidence; giving the date and time the video was taken, the person who recorded thevideo, the location of that person and as best as can be determined the chain of custody ofthatvideo from thetime it was taken until the time it came into the hands ofthe FAA. Please supply a copy of thatvideo. 7. Identify and describe in detail and with particularity all facts that supportthe allegations in The FAA's complaint and through which witness ordocumentsthe FAA intendsto prove each fact as setforth in the FAA answerto this interrogatory. 8. With regard to each occurrence witness, please state with particularity exactly which witnesses the FAA intendsto call as occurrence witnesses, that witness' 4

### name, address, telephone number, and email address, exactly where that witness was standing and a detailed summary of the anticipated testimony of that witness and exactly how the FAA came to have the knowledge to answer this interrogatory. 9. If the FAA intends to assert or attemptto prove thatthe harness on the tandem passenger was not properly adjusted please state with particularity all facts the plaintiff intendsto prove to supportthat allegation, through which witnesses including adetailed summary ofwhatthose witnesses will say including exactly where thatwitness was located atthe time the harness was adjusted and with particularity howthe FAA came to have the information to answer this interrogatory. REQUEST FOR PRODUCTION OF DOCUMENTS N9wcomes Dennis McGlynn and__for his first Requestto Produce documents requests the FAA prodiJCe thefollowing documents: 

### 1 . Provide a copy of all written statements/affidavits/declarations of individuals identified in response to Interrogatory No. 1 and subsequent interrogatories regarding incidents alleged in the Complaint. This request includes a request for all notes or written summaries of witness statements of all potential witnesses. 2. Please provide a copy of any and all recorded statements of any and all potential witnesses having personal knowledge of the incident alleged in the Complaint.

5

### 3. Please provide any and all documents your experts will be relying upon to testify in the FAA's attempts to prove the allegations of the Complaint. 

### 4. Please provide a copy of any and all reports, charts, diagrams, plots or any other written documentation prepared by your expert(s) who will be testifying in an attemptto prove the allegations of the Complaint. 

### 5. Please provide copies of all documents, visual or video recordings (video, film, data 

### or otherwise) which are in the possession in of the FAA and I or its investigators that in any way relate to the**skydive~ump** 

### which forms the basis of the FAA complaint.

Prepared by: Fred M. Morelli, Jr. ILAtty No. #1957139 P.O. 

### Box 1416 

### Aurora, Illinois 60507-1416 (630) 892-6665



### 6 Fred Morelli Attorneyfor Dennis McGlynn

### Certificate of Service

I hereby certifythat on this date I have placed in the United States mail, postage pre-paid, via regular USPS the executed original and one copy of the First Requestto Admit, First Set of Interrogatories, and First Requestto Produce addressed as follows:

Federal Aviation Administration 800 Independence Ave, SW Washington, DC 20591 Attn: Hearing Docket Clerk, AGC-430 WilburWright Building - Suite 2W1000 Facsimile: (202) 493-5142

Ifurther certify that on this date I have placed in the United States mail, postage pre-paid, via regular USPS, a true copy ofthe First Request to Admit, First Set of Interrogatories, and First Request to Produce, addressed as follows:

The Honorable Richard C. Goodwin, Administrative Law Judge Office of Hearings, M-20 U.S. DepartmentofTransportation 1200 NewJerseyAvenue, S.E. (E-11-310) Washington D.C. 20590 TEL202-366-2139 Attorney-Advisor 202-366-5121 Legal Assistant FAX 202-366-7536

Dennis McGlynn Respondent 659 Dorothy Way Auburn, CA 95603-3862I also further certifythat on this date I have placed in the United States mail, postage prepaid via overnight mail, a true copy of the First Requestto Admit, First Setof Interrogatories, and First Requestto Produce, addressed as follows: Christopher Merrill, Complainant's Counsel Attorney, Office ofthe Regional Counsel, AWP-7.3 Western-Pacific Region Federal Aviation Administration P.O. Box 92007 Los Angeles CA 90009-2007 TEL 310-725-7105 FAX 310-725-6816

Ialso further certifythat on this date I have sentvia email atrue copy ofthe First Requestto Admit, First Set of Interrogatories, and First Request to Produce, addressed asfollows: PATRICIA MATTHEWS STAFFASSISTANT (202) 366 5251 (PATRICIA.MATTHEWS@DOT.GOV)

Dated:

Law Offices of Morelli 

### &Rava P.O. Box 1416 Aurora IL 60507FDMS NO. FAA 2013-0615 (Civil Penalty Action)


### SERVICE LIST- BY U.S. MAIL ORIGINALAND ONE COPY-VIA US MAIL Federal Aviation Administration 800 Independence Ave, S.W. Washington, D.C. 20591 Attention : Hearing Docket Clerk , AGC-430 Wilbur Wright Building -Suite2W1000



### ONE COPY-VIA US MAIL Christopher Merrill, Complainant's Counsel Attorney, Office ofthe Regional Counsel, AWP-7.3 Western-Pacific Region Federal Aviation Administration P.O. Box 92007 Los Angeles CA 90009-2007 TEL310-725-7105 FAX 310-725-6816 Dennis McGlynn Respondent 659 Dorothy Way Auburn, CA 95603-3862

The Honorable Richard C. Goodwin, Administrative Law Judge Office of Hearings, M-20 U.S. Department ofTransportation 1200 NewJerseyAvenue, S.E. (E-11-310) Washington D.C. 20590 TEL202-366-2139 Attorney-Advisor 202-366-5121 Legal Assistant FAX 202-366-7536 

### ONE COPY- VIA EMAIL PATRICIA MATTHEWS STAFFASSISTANT (202) 366 5251 (PATRICIA.MA TTHEWS@DOT.GOV)