UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS

WASHINGTON, D.C. 

# RECEIVED JAN 202015 

## HEARING DOCKET

*********************************************** In the Matter of Joseph T. Brown Respondent. * 

### * * * * * * * *********************************************** FDMS No. FAA-2014-0690 FAA Region: Western-Pacific Judge: Richard C. Goodwin

MOTION TO COMPEL ANSWERS TO COMPLAINANT'SFIRST 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 ofDiscovery, pursuant to Section 13.220(m) ofthe Rules ofPractice. This motion is based on the fact that Respondent has failed to file a response to Complainant'sFirst Set ofDiscovery. 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 representativehave regularly receivedprevious 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. (Atrue and correct copy ofsigned 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 herequested an extension oftime in whichto respond. ARGUMENT Section 13.220(m) ofthe Rules ofPractice states: "Aparty may make a motionto compel discovery ifa 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 ofthe Rules ofPractice, the date of service is the mailing date shown on the certificate ofservice, and after service by mail, an additional five (5) days is added to the prescribedperiod for aresponse. Accordingly, Respondent's responseto Complainant's Discovery Requests was due on orbefore January 6, 2015. To

2date, Respondent has failed to respond to Complainant's Discovery Requests, nor has he requested an extension oftime inwhichto submithis response. Withoutresponses to the propounded discovery, Complainantwillbehamperedin its ability to prepare for a hearing in this matter. Therefore, Complainant requests that the Administrative LawJudge issue an Order compelling Respondent to provide separate and complete answers to each of the pending discovery requests served December 2, 2014, andthat said responses be ordered served so thatthey are received by Complainant
no later than February 10, 2015. Inthe event Respondent fails to comply withthe Order to Compel, Complainant requests the Administrative Law Judge issue an Order making negative inferences against Respondentrelative to the matters sought andnot provided, a preclusion order, dismissal, or otherreliefdeemed appropriatebythe court. Respectfully submitted, FederalAviationAdministration Western-PacificRegion Lawndale, California Naomi Tsuda Regional Counsel

Date: JAN. 14 2015

3CERTIFICATE OF SERVICE
Ihereby certifythat onthis date Ihave faxed andplaced inthe 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 AviationAdministration 800 Independence Avbenue, S.W. Washington, DC 20591 Attention: HearingDocket Clerk, AGC-430 WilburWrightBuilding- Suite 2Wl000 FAX(202) 267-1293 TheHonorable Richard C. Goodwin Administrative LawJudge Office ofHearings, M-20 U.S. Department ofTransportation 1200NewJerseyAvenue, S.E. (Ell-310) Washington, DC 20590 VIAFACSIMILE: (202) 366-7536 I further certify that onthis date I have placed in the United States mail, postage prepaid, certified mail

- return receipt requested, and by regular mail, a true copy ofthe COMPLAINANT'S MOTION TO COMPEL RESPONSES TO DISCOVERY REQUESTS, addressed as follows: JosephTerrel Brown, Respondent 3370 AdriaticAvenue#2A Long Beach, CA 90810 Aneesah Cleveland, Resondent'sRepresentative 3370AdriaticAvenue#2A Long Beach, CA 90810 Dated: January



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# ffl//(~ JeffKamberg Legal Technician Office oftheRegional Counsel FederalAviationAdministration Western-Pacific Region Hawthorne, California



### 4DECLARATION OFJEFF 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 tothose matters, Ibelieve them to betrue: 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 (7014 0150 0000 1102 5760 and 7014 0150 0000 1102 5753). A copy ofthe 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 ofthe tront and back ofeach 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. Signedthis 14'h day ofJanuary, 2015 in Lawndale, CaliforniaUNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS

WASHINGTON, D.C.
*********************************************** 

### * In the Matter of Joseph T. Brown 

### * FDMS No. FAA-2014-0690 

### * Respondent. 

### * FAA Region: Western-Pacific 

### * * Judge: Richard C. Goodwin 

### * * *********************************************** COMPLAINANT'S FIRST SET OF

DISCOVERYTO RESPONDENT To: Respondent and Respondent's Representative: Complainant, by and through counsel, pursuantto Section 13.220 ofthe Rules of Practice in FAA Civil Penalty Actions, requests the Respondent please respond to the following Interrogatories and Requests for Production ofDocuments, separately and fully under oath, withinthitty (30) days ofthe date ofservice. These discovery requests are intended to be continuing m nature and any information which maybe discoveredby you subsequentto the service and filing ofyour answers must be brought to the attention of the Complainant's attorney through supplemental answers when it becomes available to you, and in areasonable time priorto the hearing in this matter. Ifthere 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. Ifsuch information is not



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**A~~**furnished, at the time ofthe hearing, the attorney for Complainant may move to exclude from evidence such informationrequested 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 ofthe incidents alleged inthe complaint. 2. Identify by name, address and telephone number all persons who have personal knowledge of your affirmative defenses alleged inyour 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 complaintandyour answer, including affirmative defenses. 4. Identify by name, address and telephone number, all persons whom you intend to have testify as afactual witness inyour defense at the hearing inthismatter, and provide a detailed summary ofeachperson's anticipatedtestimony. 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, andprovide a detailed summary ofeachexpert's anticipatedtestimony. 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.

27. With respect to each expert witness identified in response to lntenogatory No. 5, above, specify their area ofexpertise, and provide a synopsis oftheir credentials, background, training and experience. 8. Do you contendthatthe FAA'sproposed civil penalty shouldbe reduced? 9. Ifyou answered "yes"to Interrogatory 8., please identify all facts uponwhich youbase yourcontention. 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 shouldbe 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 September23, 2014. REQUESTS FORPRODUCTION OF DOCUMENTS: 1. Provide a copy of all written statements/affidavits/declarations of individuals identifiedin response to interrogatorynumber 1, ontheprevious page. 2. Provide a copy ofall docwnents identified in interrogatory nwnber 2, on theprevious 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 ofthe current cuniculum vitae for each and every expert youintendto have testify in your defense at the hearing inthis matter. 5. Provide a copy of any and all recorded statements of any witnesses having personal knowledge ofthe incidents alleged in the complaint and your affirmative defenses alleged in your answer including but not limited to tape recordings and transcriptions ofthe tape recordings. 6.
.Provide any and all docwnents your experts will be relying uponto testify in your defense at thehearing onthis matter.
37. Provide a copy ofany and all reports, notes, charts, diagrams, flight plots
or other written documentation prepared by your expert(s) which will be testifying in yourdefense at the hearing on this matter. 8. Provide a copy ofany and all documents which supports your contentionthat the FAA'sproposedcivil penalty shouldbe reduced. 9. Provide a copy ofany 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 September23,2014. Respectfully submitted, Naomi Tsuda Regional Counsel 

# ;fJ 

# ]' ,/"'' //

# By:~~ <**'~** 

### i I;'lerre Green L/ttorney

Dated: November26,2014



### 4CERTIFICATE OF SERVICE
Ihereby certify that onthis date I have placed inthe United States mail, postage prepaid, certified mail, retum receipt requested, and viaregular mail, the executed original ofthe COMPLAINANT'S FIRST SET OF DISCOVERY TO RESPONDENT, addressed as follows: Joseph Terrell Brown, Respondent 3370 Adriatic Avenue #2A Long Beach, CA 90810 and Aneesah Cleveland, Respondent's Representative 3370 Adriatic Avenue#2A Long Beach, CA 90810
Dated: December2, 2014

Office ofthe Regional Counsel Federal AviationAdministration ( Western-Pacific Region Hawthorne, California



### 5D .JJ t'- Lr1 11..1 D $ .-'I Postage .-'I Certified Fee D Postmark 0 Return Receipt Fee Here D (Endorsement Required) D 0 Restricted Delivery Fee (Endorsement Required) Lr1 .-'I Total Postage & Fees $ D ·arv,staie,-zip_;::{·--------------------------------------------------------------------

• Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery isdesired. • Printyour and address on the reverse

so that we the card toyou. • Attach this back ofthe mailpiece,

or on the permits. 

### :+----'-----------1 ! 1. Article iJ:,I;;ro'wn. Respondent

**Aai1a~!i.t!'iAc\~enue**#2A Long CA90810 IfYES, enter delivery address below:

2. Article Number (T;ansferfrom service /abelj 

### 7014 0150 DODD 1102 5760 PS Form 3811, July2013 Domestic Return Receiptlf"I'IJLU 10 E11gllsh Customer Serv\ce USPS Mobil"


## USPS Tracking TM

Tracking Number: 70140150000011025760



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