U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, DC 

IN THE MATTER OF DENNIS J. MCGLYNN 

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RECEIVED 

JAN 2 4 2ll14 

HEARING DOCKET 

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FAA DOCKET No: TBA 

RESPONDENT 

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FAA Region :Western-Pacific 

Judge: Honorable Richard C. Goodwin 

OMS No. FAA-2013-0615 

FIRST REQUEST TO ADMIT, FIRST SET OF INTERROGATORIES AND FIRST 

REQUEST TO PRODUCE 

DEFINITIONS 

The term "Complaint" as used in the Requests refers to the Complaint dated 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 or about May 7, 2011, as described in the Complaint. 

The terms "jump" or "jumping" as used in these Requests refers to jumping from 

the aircraft with the student Tandem Parachutist pursuant to the 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, request to admit and 

request to produce refers to the United States Department of Transportation and the 

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Federal Aviation Administration ( FAA) as petitioner and/or plaintiff in this cause of 

action. 

REQUEST TO ADMIT 

Now comes Dennis McGlynn and requests the FAA admit or deny the following 

propositions. 

1. Please admit or deny that the tandem passenger on the subject sky dive was Esther 

Laverne Everett. 

2. Please admit or deny that Esther Laverne Everett made the jump in question of her 

own free will and at no time was forced to make her tandem sky dive by Dennis 

McGlynn or any one else. 

3. Please admit or deny that there have been other instances of tandem passengers 

falling out of the harness. 

4. Please admit or deny that there have been instances of non-tandem skydivers 

falling out of their harnesses. 

5. Please admit or deny that, due to body shape or lack of muscle tone 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 deny that shortly after the incident complained of the manufacturer 

of the equipment used in the subject jump was modified so as to prevent a tandem 

passenger from falling from the harness. 

7. Please admit or deny that it is unlikely that the manufacturer of the harness used in 

the jump in question would admit that their harness was in any way faulty or 

contributed to the incident in question. 

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8. Please admit or deny that subsequent to the jump in question, Esther Laverne 

Everett was interviewed. 

9. Please admit or deny that each time Esther Laverne Everett was interviewed she 

stated that she was not forced out of the airplane by Dennis McGlynn or any one 

else. 

10. Please admit or deny that 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 deny that under the rules of practice in FAA civil penalty actions ( 

codified at 14 CFR 13 sub part G ) video recordings of interviews with Esther 

Laverne Everett are admissible into evidence here for the purposes of trial and 

summary disposition motions if any. 

INTERROGATORIES 

Now comes Dennis McGlynn and for his first set of Interrogatories to the FAA 

propounds the following 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 by title, 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. 

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3. Identify by name, postal address, email address and telephone number all 

persons whom you intend to have testify as witnesses in the presentation of The 

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 expert witness in any 

hearing in this matter and provide a curriculum vitae of each expert setting forth 

what in the opinion of the FAA qualifies them to be an expert and also provide a 

detailed summary of each expert's anticipated testimony. 

5. Identify by title, date, author present custodian, and content, which documents 

The FAA anticipates offering into evidence at a hearing in this matter, and 

through which witness or witnesses. 

6. Identify with particularity any videos which the FAA intends to introduce into 

evidence; giving the date and time the video was taken, the person who recorded 

the video, the location of that person and as best as can be determined the chain 

of custody of that video from the time it was taken until the time it came into the 

hands of the FAA. Please supply a copy of that video. 

7. Identify and describe in detail and with particularity all facts that support the 

allegations in The FAA's complaint and through which witness or documents the 

FAA intends to prove each fact as set forth in the FAA answer to this 

interrogatory. 

8. With regard to each occurrence witness, please state with particularity exactly 

which witnesses the FAA intends to call as occurrence witnesses, that witness' 

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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 attempt to prove that the harness on the tandem 

passenger was not properly adjusted please state with particularity all facts the 

plaintiff intends to prove to support that allegation, through which witnesses 

including a detailed summary of what those witnesses will say including exactly 

where that witness was located at the time the harness was adjusted and with 

particularity how the FAA came to have the information to answer this 

interrogatory. 

REQUEST FOR PRODUCTION OF DOCUMENTS 

N9w comes Dennis McGlynn and__for his first Request to Produce 

documents requests the FAA prodiJCe the following 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. 

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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 attempt to 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. 

IL Atty No. #1957139 

P.O. Box 1416 

Aurora, Illinois 60507-1416 

(630) 892-6665 

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Fred Morelli 

Attorney for Dennis McGlynn 
Certificate of Service 

I hereby certify that 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 Request to Admit, First Set of Interrogatories, and First Request to Produce 

addressed as follows: 

Federal Aviation Administration 

800 Independence Ave, SW 

Washington, DC 20591 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building - Suite 2W1 000 

Facsimile: (202) 493-5142 

I further certify that on this date I have placed in the United States mail, 

postage pre-paid, via regular USPS, a true copy of the 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. Department of Transportation 

1200 New Jersey Avenue, S.E. (E-11-310) 

Washington D.C. 20590 

TEL 202-366-2139 Attorney-Advisor 

202-366-5121 Legal Assistant 

FAX 202-366-7536 

Dennis McGlynn Respondent 

659 Dorothy Way 

Auburn, CA 95603-3862 
I also further certify that on this date I have placed in the United States 

mail, postage prepaid via overnight mail, a true copy of the First Request to 

Admit, First Set of Interrogatories, and First Request to Produce, addressed as 

follows: 

Christopher Merrill, Complainant's Counsel 

Attorney, Office of the 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 

I also further certify that on this date I have sent via email a true copy of the First 

Request to Admit, First Set of Interrogatories, and First Request to Produce, 

addressed as follows: 

PATRICIA MATTHEWS STAFF ASSISTANT (202) 366 5251 

(PATRICIA.MATTHEWS@DOT.GOV) 

Dated: 

Law Offices of Morelli & Rava 

P.O. Box 1416 

Aurora IL 60507 
FDMS NO. FAA 2013-0615 

(Civil Penalty Action) 

SERVICE LIST- BY U.S. MAIL 

ORIGINAL AND 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 -Suite 2W1 000 

ONE COPY -VIA US MAIL 

Christopher Merrill, Complainant's Counsel 

Attorney, Office of the 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 

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 of Transportation 

1200 New Jersey Avenue, S.E. (E-11-310) 

Washington D.C. 20590 

TEL 202-366-2139 Attorney-Advisor 

202-366-5121 Legal Assistant 

FAX 202-366-7536 

ONE COPY- VIA EMAIL 

PATRICIA MATTHEWS STAFF ASSISTANT (202) 366 5251 

(PATRICIA.MA TTHEWS@ DOT.GOV)