UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

RECEIVED 

JAN 2 0 2015 

HEARING DOCKET 

*********************************************** 

In the Matter of Joseph T. Brown 

Respondent. 

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FDMS No. FAA-2014-0690 

FAA Region: Western-Pacific 

Judge: Richard C. Goodwin 

MOTION TO COMPEL ANSWERS TO COMPLAINANT'S FIRST 

DISCOVERY REQUEST 

COMES NOW, the Regional Counsel of the Western-Pacific Region of the 

Federal Aviation Administration (FAA), by counsel, and files this Motion to Compel 

Answers to Complainant's First Set of Discovery, pursuant to Section 13.220(m) of the 

Rules of Practice. This motion is based on the fact that Respondent has failed to file a 

response to Complainant's First Set of Discovery. 

FACTS 

1. On December 2, 2014, Complainant served his First Set of Discovery to 

Respondent ("Discovery Requests") seeking information regarding the identity of 

witnesses, testimony, documents and other evidence to be presented by Respondent at 

the hearing in this case. (A true copy of said discovery is attached hereto as Exhibit 

"A.") 

2. The Discovery was served on Respondent and his representative, Aneesah 

Cleveland, at 3370 Adriatic Avenue #2A, Long Beach, CA 90810 by certified mail, 
return receipt requested [tracking number 7014 0150 0000 1102 5763 and 7014 0150 

0000 1102 5760 respectively]. This is the address that Respondent and his 

representative have regularly received previous filings in this case. 

3. On December 3, 2014, the Respondent and his representative each received the 

discovery request. The certified mail receipts were each signed by Respondent' s 

representative, but not dated. (A true and correct copy of signed certified mail receipts 

and printouts downloaded from the United States Post Office indicating when the 

requests were delivered, are attached as Exhibit "B.") 

4. To date, Respondent has failed to respond to the propounded discovery, nor has 

he requested an extension of time in which to respond. 

ARGUMENT 

Section 13.220(m) of the Rules of Practice states: "A party may make a motion to 

compel discovery if a person refuses to answer a question during a deposition, a party 

fails or refuses to answer an interrogatory, if a person gives an evasive or incomplete 

answer during a deposition or when responding to an interrogatory, or a party fails or 

refuses to produce documents or tangible items." Here, Complainant's Discovery 

Requests were sent to Respondent and his representative on December 2, 2014, and 

Respondent was requested to respond to the Interrogatories and Requests for Production 

of Documents, separately and fully under oath, within thirty (30) days of the date of 

service. Pursuant to section 13.211 of the Rules of Practice, the date of service is the 

mailing date shown on the certificate of service, and after service by mail, an additional 

five (5) days is added to the prescribed period for a response. Accordingly, Respondent's 

response to Complainant's Discovery Requests was due on or before January 6, 2015. To 

2 
date, Respondent has failed to respond to Complainant's Discovery Requests, nor has he 

requested an extension of time in which to submit his response. 

Without responses to the propounded discovery, Complainant will be hampered in 

its ability to prepare for a hearing in this matter. Therefore, Complainant requests that 

the Administrative Law Judge issue an Order compelling Respondent to provide separate 

and complete answers to each of the pending discovery requests served December 2, 

2014, and that said responses be ordered served so that they are received by Complainant 

no later than February 10, 2015. In the event Respondent fails to comply with the Order 

to Compel, Complainant requests the Administrative Law Judge issue an Order making 

negative inferences against Respondent relative to the matters sought and not provided, a 

preclusion order, dismissal, or other relief deemed appropriate by the court. 

Respectfully submitted, 

Federal Aviation Administration 

Western-Pacific Region 

Lawndale, California 

Naomi Tsuda 

Regional Counsel 

Date: 

JAN. 14 2015 

3 
CERTIFICATE OF SERVICE 

I hereby certify that on this date I have faxed and placed in the United States mail, 

postage prepaid, certified mail, the executed original of the COMPLAINANT'S 

MOTION TO COMPEL RESPONSES TO DISCOVERY REQUESTS, addressed as 

follows: 

Federal Aviation Administration 

800 Independence Avbenue, S.W. 

Washington, DC 20591 

Attention: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building- Suite 2Wl000 

FAX (202) 267-1293 

The Honorable Richard C. Goodwin 

Administrative Law Judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

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

Washington, DC 20590 

VIA FACSIMILE: (202) 366-7536 

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

prepaid, certified mail - return receipt requested, and by regular mail, a true copy of the 

COMPLAINANT'S MOTION TO COMPEL RESPONSES TO DISCOVERY 

REQUESTS, addressed as follows: 

Joseph Terrel Brown, Respondent 

3370 Adriatic Avenue #2A 

Long Beach, CA 90810 

Aneesah Cleveland, Resondent' s Representative 

3370 Adriatic Avenue #2A 

Long Beach, CA 90810 

Dated: January ~L 

ffl//(~ JeffKamberg 

Legal Technician 

Office of the Regional Counsel 

Federal Aviation Administration 

Western-Pacific Region 

Hawthorne, California 

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DECLARATION OF JEFF KAMBERG 

I, JeffKamberg, declare as follows: 

All matters stated herein are within my own personal knowledge, and if called as a witness, I 

could, and would competently testify thereto, except for those matters stated upon information and belief, 

and as to those matters, I believe them to be true: 

I. I am a legal technician in the Office of the Regional Counsel, Federal Aviation 

Administration, Western-Pacific Region. 

2. On December 2, 2014, the Complainant's First Set of Discovery to Respondent was 

served on Joseph Terrell Brown, and Aneesah Cleveland, Respondent's Representative at 3370 

Adriatic Avenue #2A, Long Beach CA 90810 by certified mail, return receipt requested (70 14 

0150 0000 1102 5760 and 7014 0150 0000 1102 5753). A copy of the Discovery Requests is 

attached as Exhibit "A." 

3, On December 3, the Complainant and his Representative each received the Discovery 

Requests, in that Respondent's Representative signed both PS Form 3811s (green cards). A copy 

of the tront and back of each PS Fonn 3811, along with the printouts from '.Y}'£W.usps.com are 

attached as Exhibit "B." 

3. To date, this oftlce has not received a response to Complainant's outstanding discovery 

request. 

I declare under penalty of perjury under the laws of the United States of America that the 

foregoing is tme and correct. 

Signed this 14'h day of January, 2015 in Lawndale, California 
UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

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* 

In the Matter of Joseph T. Brown * FDMS No. FAA-2014-0690 

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Respondent. * FAA Region: Western-Pacific 

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* Judge: Richard C. Goodwin 

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*********************************************** 

COMPLAINANT'S FIRST SET OF 

DISCOVERY TO RESPONDENT 

To: Respondent and Respondent's Representative: 

Complainant, by and through counsel, pursuant to Section 13.220 of the Rules of 

Practice in FAA Civil Penalty Actions, requests the Respondent please respond to the 

following Interrogatories and Requests for Production of Documents, separately and fully 

under oath, within thitty (30) days of the date of service. 

These discovery requests are intended to be continuing m nature and any 

information which may be discovered by you subsequent to the service and filing of your 

answers must be brought to the attention of the Complainant's attorney through 

supplemental answers when it becomes available to you, and in a reasonable time prior to 

the hearing in this matter. If there are any additions, deletions or changes in the answers 

or information provided at any time prior to hearing, the Respondent is specifically 

requested to so immediately inform Complainant's attorney. If such information is not 

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furnished, at the time of the hearing, the attorney for Complainant may move to exclude 

from evidence such information requested and not furnished. 

If, in responding to, or failing to respond to these requests for discovery you 

invoke or rely upon any privilege of any kind, state specifically the nature of the 

privilege, the basis upon which you invoke, rely upon or claim it, including any statutory 

or decisional reference, and identify all documents or other information, including 

contacts and communications which you believe to be embraced by the privilege 

invoked. 

INTERROGATORIES: 

l. Identify by name, address and telephone number all persons who have 

personal knowledge of the incidents alleged in the complaint. 

2. Identify by name, address and telephone number all persons who have 

personal knowledge of your affirmative defenses alleged in your answer. 

3. Identify by title, date, author, present custodian, and content, all 

documents obtained by you or in your possession relating to the assertions in the 

complaint and your answer, including affirmative defenses. 

4. Identify by name, address and telephone number, all persons whom you 

intend to have testify as a factual witness in your defense at the hearing in this matter, and 

provide a detailed summary of each person's anticipated testimony. 

5. Identify by name, address and telephone number, all persons whom you 

intend to have testify as an expert witness in your defense at the hearing in this matter, 

and provide a detailed summary of each expert's anticipated testimony. 

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

docwnents you anticipate offering into evidence at the hearing in this matter, and through 

which witness or witnesses. 

2 
7. With respect to each expert witness identified in response to lntenogatory 

No. 5, above, specify their area of expertise, and provide a synopsis of their credentials, 

background, training and experience. 

8. Do you contend that the FAA's proposed civil penalty should be reduced? 

9. If you answered "yes" to Interrogatory 8., please identify all facts upon which 

you base your contention. 

10. Identify all individuals by name, address, and telephone number who have 

knowledge of the facts which support your contention that the FAA's proposed civil 

penalty should be reduced. 

11. State all facts to support your contention that you were "found completely 

innocent of all charges against you," as you contend in your request for hearing dated 

September 23, 2014. 

REQUESTS FOR PRODUCTION OF DOCUMENTS: 

1. Provide a copy of all written statements/affidavits/declarations of 

individuals identified in response to interrogatory number 1, on the previous page. 

2. Provide a copy of all docwnents identified in interrogatory nwnber 2, on 

the previous page. 

3. Provide a copy of all documents m support of any and all of your 

affim1ative defenses plead in your answer. 

4. Provide a copy of the current cuniculum vitae for each and every expert 

you intend to have testify in your defense at the hearing in this matter. 

5. Provide a copy of any and all recorded statements of any witnesses 

having personal knowledge of the incidents alleged in the complaint and your affirmative 

defenses alleged in your answer including but not limited to tape recordings and 

transcriptions of the tape recordings. 

6. . Provide any and all docwnents your experts will be relying upon to testify 

in your defense at the hearing on this matter. 

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7. Provide a copy of any and all reports, notes, charts, diagrams, flight plots 

or other written documentation prepared by your expert(s) which will be testifying in 

your defense at the hearing on this matter. 

8. Provide a copy of any and all documents which supports your contention that 

the FAA's proposed civil penalty should be reduced. 

9. Provide a copy of any and all documents, reports, notes, court orders, minute 

orders, and any other writings which support your contention that you were found 

"completely innocent of all charges against you" by a Judge as detailed in your letter 

dated September 23,2014. 

Respectfully submitted, 

Naomi Tsuda 

Regional Counsel 

;fJ ]' ,/"'' // 

i 

By:~~ < 

I;'lerre '~ Green 

L/ttorney 

Dated: November 26,2014 

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CERTIFICATE OF SERVICE 

I hereby certify that on this date I have placed in the United States mail, postage prepaid, 

certified mail, retum receipt requested, and via regular mail, the executed original of the 

COMPLAINANT'S FIRST SET OF DISCOVERY TO RESPONDENT, addressed 

as follows: 

Joseph Terrell Brown, Respondent 

3370 Adriatic Avenue #2A 

Long Beach, CA 9081 0 

and 

Aneesah Cleveland, Respondent's Representative 

3370 Adriatic Avenue #2A 

Long Beach, CA 90810 

Dated: December 2, 2014 

Office of the Regional Counsel 

Federal Aviation Administration ( 

Western-Pacific Region 

Hawthorne, California 

5 
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