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### U.S. DEPARTMENT OF TRANSPO

FEDERAL AVIATION ADMINIST OFFICE OF HEARINGS WASHINGTON, DC ·r:n..**.---:;;--~**

### ~::.-.~..._~~"-.**~;;;u** TA ION



# .rfol1F8 _1 5 REC'IJ
Mkhae! L. Dworkin


### In the Matter of: FAA DOCKET No.**FAA~2013-0040** 

### Martinaire Aviation LLC ) ) ) ) ) ) ) ) 

### FAA Case No.2011SW700189 (Civil Penalty Action) Respondent



### JUDGE GOODWIN FDMS No. FAA-2013-0040 

# RECEIVED FEB 2 52013 NOTICE OF DEPOSITION 

## -HEARING DOCKET To: Mr. Michael L. Dworkin, Esquire Michael L. Dworkin and Associates '···' 465 California Street, Suite 210 San Francisco, California 94104 r**J.:~.:~~** 

### PLEASE TAKE NOTICE 

### that the Complainant, Federal Aviat"t,pn Administration will take the oral deposition of the**person~···**

### ..::> 

### specified below, at the dates, times, and place specified**~··Q.;r'** 

### all purposes permitted by the Rules of Practice, Part 13, ,......) 

### Subpart G, of the Federal Aviation Regulations, 14 

### CFR § 13.220 ( j ) . 

### DEPONENT: 

### Cory Smith, March 7, 2013, 9:00 

### a.m. Central Standard Time. DEPONENT: 

### Michael Bates, March 8, 2013, 9:00 

### a.m. Central Standard Time. The undersigned will take the discovery depositions of the above-named deponents before a court reporter in the city of Fort Worth, Texas on the 7th 

### and ath 

### days of March 2013. 

### The depositions will begin at 9:00 

### a.m. and continue until finished. The depositions will take place at the Federal Aviation Administration, Southwest Region, Office of Regional Counsel, 2601 Meacham Blvd., Room 674, Fort Worth, Texas 76137. 

### You are required to be present and ready at the dates, time, and place for oral examination.

### Respectfully submitted this**14~** 

### day of February 2013.
ERIC E. ANDERSON Regional Counsel Southwest Region

Agency Attorney
CERTIFICATE OF SERVICE 

### Re: Martinaire Aviation, LLC, FAA Case No. 2011SW700189 

### I hereby certify that on this date, I have sent via Federal Express a true copy of the Notice of Deposition 

### addressed as follows to: Mr. Michael L. Dworkin and Associates Law Offices 465 California Street, Suite 210 San Francisco, California 94104-1808

ERIC E. ANDERSON Regional Counsel Southwest Region

Dated: February 14, 2013MICHAEL 

### L. DWORKIN#64047 MICHAEL 

### L. DWORKIN and ASSOCIATES 465 California Street, Suite 210 San Francisco, California 94104 Telephone: (415) 421-02500 Facsimile: (415) 421-2560 Email: law@avialex.com Attorneys for MARTINAIRE AVIATION, LLC

UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS

WASHINGTON, D.C.
Inthe Matter of:

MARTINAIRE AVIATION, LLC FAA Case No. 2011SW700189 FDMS No. FAA-2013-0040
MARTINAIRE AVIATION, LLC'S OBJECTION TO NOTICE OF DEPOSITIONS SCHEDULED FOR MARCH 7, 2013 AND MARCH 8, 2013 AND REQUEST FORA PROTECTIVE ORDER
Judge: Honorable Richard C. Goodwin

Pursuantto Rule 13.220 ofthe Rules ofPractice (14 CFR 

### § 13.220), Martinaire Aviation, LLC ("MARTINAIRE"), by and through its undersigned counsel, hereby objects to Complainant's Notice ofDepositiondated February 14, 2013 and depositions scheduled for March 7, 2013 and March 8, 2013, andrequests thatthe Administrative LawJudge issue a Protective Order declaringthatthe depositions betaken off-calendar until the parties can reschedule them for a mutually agreeable date and time.
OnFebruary 14, 2013, Counselfor Complainant served MARTINAIRE (viaFED EX) with deposition notices for MARTINAIRE employees Cory Smithand MichaelBates, scheduled for March7, 2013 at 9:00am andMarch 8, 2013 at9:00am, respectively. SaidNotice of Depositionwas received onthe morning ofFebruary 15, 2013. (Exhibit "A")
That same morning, Counselfor MARTINAIRE telephoned and emailed Complainant's Counsel, advising that while MARTINAIRE hadno objectionto the depositions in general, the undersigned counsel was not available onMarch 7 and 8, 2013. Respondent's counsel further advisedthathe was notyet able to ascertainthe availability ofthe deponents onthe dates originally noticed. Respondent's counsel suggested March 12 or 13 as alternate dates, depending uponthe availability ofthe deponents. (Please see Declaration ofMichael 

### L. Dworkin, attached hereto and made a parthereofas Exhibit "B"and email ofFebruary 15, 2013, attachedhereto and made a parthereofas Exhibit "C".) Although Respondent's counsel requested that Complainantreschedule the depositions for
a date and time mutually agreeable to all parties, Complainant has notyet done so. Respondent's counsel has since learned that deponent Cory Smith will be out ofthe country onMarch 7, 2013, attending anNTSB-sanctioned engine teardown at Pratt 

### & Whitney Canada.
MARTINAIRE hereby requests thatthe Administrative LawJudge issue a Protective Order taking off-calendarthose depositions scheduled for March 7 and 8, 2013 until suchtime as they FAA Case No. 2011SW7001891FDMS No. FAA-2013-0040 MARTINAIRE AVIATION, LLC'S OBJECTIONTO DEPOSITION NOTICE AND REQUEST FOR PROTECTIVE ORDER 2canberescheduled for a date upon which all deponents and both counsel will be available. Respectfully·submitted,

Datedthis 22nd day ofFebruary, 2013.


### MICHAEL L. 

### DWORKI

# ASS~r: Mic ael 

### L. Dworkin 

### Attorneys for MARTINAIREAVIATION, LLC

FAA Case No. 2011SW700189/FDMS No. FAA-2013-0040 MARTINAIRE AVIATION, LLC'S OBJECTIONTO DEPOSITION NOTICE AND REQUEST FOR PROTECTIVE ORDER 3•'

MICHAEL L. DWORKIN#64047 MICHAEL L. DWORKIN and ASSOCIATES 465 California Street, Suite 210 San Francisco, California 94104 Telephone: (415) 421-02500 Facsimile: (415) 421-2560 Email: law@avialex.com Attorneys for MARTINAIRE AVIATION, LLC



### UNITED STATES OF AMERICA DEPARTMENT OFTRANSPORTATION OFFICE OF HEARINGS

WASHINGTON, D.C.
Inthe Matter of:

MARTINAIRE AVIATION, LLC FAA CaseNo. 2011SW700189 FDMS No. FAA-2013-0040


### EXHIBITB DECLARATION OF MICHAEL L. DWORKIN IN SUPPORT OF MARTINAIRE AVIATION, LLC'S OBJECTIONTO NOTICE OF DEPOSITIONS SCHEDULED FOR MARCH 7, 2013 AND MARCH 8, 2013 AND REQUEST FORA PROTECTIVE ORDER Judge: Honorable Richard C. Goodwin '

I, Michael L. Dworkin, hereby declare and state as follows: 1. The following is baseduponmy personal knowledge and I could competently testify thereto ifcalled as a witness. 2. I ama licensed attorney and amthe attorney ofrecord for Respondent, Martinaire Aviation, LLC ("MARTINAIRE").
FAA Case No. 2011SW700189/FDMS No. FAA-2013-0040 MARTINAIRE AVIATION, LLC'S OBJECTIONTO DEPOSITION NOTICE AND REQUEST FOR PROTECTIVE ORDER 43. On February 14, 2013, Counsel for Complainant served (via FEDEX) deposition notices for Cory Smith and Michael Bates, scheduled for March 7, 2013 and March 8, 2013, respectively. Said deposition notices were received by my office onFriday morning, February 15, 2013. 4. Immediately upon receipt ofthe deposition notices, I telephoned Complainant's counsel and left a voicemail message as well as a follow-up email explaining that while I did not objectto the depositions in general, and I had prior commitments onMarch 7 and 8, 2013 and would be unable to attendthe depositions scheduled for the those days. 5. I requested that Complainantreschedule the depositions to a mutually agreeable date and time. 6. Later that day, I was advisedby MARTINAIREthat deponent Cory Smithwas scheduled to be out ofthe country on March 7, 2013, attending anNTSB-sanctioned engine teardown at Pratt & Whitney Canada. 7. OnFebruary 18, 2013, counsel for Complainant sent me anemail advising that he was in trial and would return onFebruary 25, 2013. I responded to Complainant's counsel's February 18, 2013 email requesting confirmationthat the depositions had beentaken offcalendar, but have not yet received any such confirmation. (Copies ofFebruary 18 emails betweenthe two counsel are attached as Exhibit "D"to MARTINAIRE'S Objection). 8. To date, Complainanthas neither taken the depositions offcalendar nor attempted to contact me to discuss a mutually agreeable date for rescheduling the depositions.

I declare under penalty ofperjury that the foregoing is true and correct. Executedthis 22nd day ofFebruary, 2013 in SanFrancisco, California.

FAA Case No. 2011SW700189/FDMS No. FAA-2013-0040 MARTINAIRE AVIATION, LLC'S OBJECTION TO DEPOSITION NOTICE AND REQUEST FOR PROTECTIVE ORDER 5**~** MichaetL. Dworkin and Associates Mail - Martinaire Aviation, LLC--FAA Docket No. FAA-2013-0040 2/20/13 4:04PM 

# il
Martinaire Aviation, LLC--FAA Docket No. FAA-2013-0040 4 messages Michael Dworkin <mdworkin@avialex.com> Fri, Feb 15,2013 at 10:28 AM To: james.archier@faa.gov Cc: ira.leibowitz@dot.gov Bee: "Rusinowitz, Alan" <alanrus@martinaire.com>, Alan Rusinowitz <arusinowitz@martinaire.com>

Dear James: A few minutes ago, I received your Notice of Deposition, noticing the depositions ofCory Smith and Michael Bates for March 7 and 8, 2013. I attempted to phone you, but only got yourvoicemail. Although I left a message, I wanted to be sure that you had received notification of my unavailability for the dates that you have chosen forthese depositions. · While I have no objection to your noticing ortaking depositions ofany witnesses, I am not available on either ofthose dates. Please provide me with some mutually acceptable alternative dates. I would be available on March 12 or 13. I see no reason why both depositions cannot be completed in one day. I have calls into Mike Bates and Cory Smith to ascertain their availabilities, but as ofthis moment, I cannot commit until I hearfrom them. My normal practice, in 40 years of practicing law, is to telephone the opposing counsel and ascertain his or her availability priorto scheduling depositions, rather than simply doing it unilaterally. This ultimately saves a lot oftime and expense. Moreover, we might be able to dispense with these depositions altogether ifwe can stipulate as to what these people would testify to. Please give me a call so that we can discuss this and possibly avoid the costs and expenses involved in hiring court reporters, ordering transcripts and my SFO-DFW-SFO travel and lodging.
Michael L. Dworkin MICHAEL L. DWORKIN and ASSOCIATES 465 California Street, Suite 210 San Francisco, CA 941 04 Phone: 415-421-2500 FAX: 415-421-2560 Cell: 415-609-6070 www.avialex.com



## •.James.Arcn•ercmraa.gov <James.Arcnler(glraa.gov>

.. To: -Michael Dworkin <mdworkin@avialex.com> Michael: Mon, t-eo 1H, 2013 at 5:18AM

I am on trial this week. I will call you when I return to the office on Monday, February 25, 2013. James Archier

•• u .............................,, •• ?;
......**f"l"f~'"'""·· ~-**  ..**~** ........**(r~~!'lff~ffl~·~** .• <**~~** Michael Dworkin <mdworkin@avialex.com> To: James.Archier@faa.gov Mon, Feb 18, 2013 at 8:26AM
Fine. But until then the depos for 3/7 and 3/8 are off. Do I have your agreement, or do I have to prepare a file an objection with the Hearing Docket and ALJ? Mike [Quoted text hidden] Michael L. Dworkin MICHAEL L. DWORKIN and ASSOCIATES 465 California Street, Suite 210 San Francisco, CA 94104 Phone: 415-421-2500 FAX: 415-421-2560 Cell: 415-609-6070 www.avialex.com



## •

### CERTIFICATE OF SERVICE The undersigned hereby certifies that onthis 22ndt day ofFebruary, 2013, a true and correct copy ofthe foregoing 

### MARTINAIRE AVIATION, LLC'S OBJECTIONTO DEPOSITIONNOTICES AND REQUEST FORPROTECTIVE ORDERwas served as follows: Federal Aviation Administration Attn: Hearing Docket Clerk, AGC-430 Wilbur Wright Building- Suite 2W1000 800 Independence Avenue SW Washington, DC 20591 (Original plus one copy) {Federal Express}
The Honorable Richard C. Goodwin Administrative LawJudge Office ofHearings, M-20 Department ofTransportation 1200 NewJersey Avenue, S.W. Washington, DC 20590 FAX: 1-202-366-7536 {FAXandFederalExpress} James Archier, Esq. Federal Aviation Administration Office ofthe Regional Counsel SouthwestRegion, ASW-7 2601 Meacham Boulevard, Suite 6E Fort Worth, TX 76137 FAX: 1-817-222-5092 {FAXandFederalExpress}

Caitlin M. Miller

FAA Case No. 2011SW700189/FDMS No. FAA-2013-0040 MARTINAIRE AVIATION, LLC'S OBJECTION TO DEPOSITION NOTICE AND REQUEST FOR PROTECTIVE ORDER 6