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U.S. DEPARTMENT OF TRANSPO 

FEDERAL AVIATION ADMINIST 

OFFICE OF HEARINGS 

WASHINGTON, DC 

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TA ION 

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Mkhae! L. Dworkin 

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

Martinaire Aviation LLC 

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FAA Case No.2011SW700189 

(Civil Penalty Action) 

Respondent 

JUDGE GOODWIN 

FDMS No. FAA-2013-0040 

RECEIVED 

FEB 2 5 2013 

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 

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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, 2013 
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 OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

In the Matter of: 

MARTINAIRE AVIATION, LLC 

FAA Case No. 2011SW700189 

FDMS No. F AA-2013-0040 

MARTINAIRE AVIATION, LLC'S 

OBJECTION TO NOTICE OF 

DEPOSITIONS SCHEDULED FOR 

MARCH 7, 2013 AND MARCH 8, 2013 

AND 

REQUEST FOR A PROTECTIVE 

ORDER 

Judge: Honorable Richard C. Goodwin 

Pursuant to Rule 13.220 of the Rules of Practice (14 CFR § 13.220), Martinaire Aviation, 

LLC ("MARTINAIRE"), by and through its undersigned counsel, hereby objects to Complainant's 

Notice of Deposition dated February 14, 2013 and depositions scheduled for March 7, 2013 and 

March 8, 2013, and requests that the Administrative Law Judge issue a Protective Order declaring 
that the depositions be taken off-calendar until the parties can reschedule them for a mutually 

agreeable date and time. 

On February 14, 2013, Counsel for Complainant served MARTINAIRE (via FED EX) 

with deposition notices for MARTINAIRE employees Cory Smith and Michael Bates, scheduled 

for March 7, 2013 at 9:00am and March 8, 2013 at 9:00am, respectively. Said Notice of 

Deposition was received on the morning of February 15, 2013. (Exhibit "A") 

That same morning, Counsel for MARTINAIRE telephoned and emailed Complainant's 

Counsel, advising that while MARTINAIRE had no objection to the depositions in general, the 

undersigned counsel was not available on March 7 and 8, 2013. Respondent's counsel further 

advised that he was not yet able to ascertain the availability of the deponents on the dates 

originally noticed. Respondent's counsel suggested March 12 or 13 as alternate dates, depending 

upon the availability of the deponents. (Please see Declaration of Michael L. Dworkin, attached 

hereto and made a part hereof as Exhibit "B" and email of February 15, 2013, attached hereto and 

made a part hereof as Exhibit "C".) 

Although Respondent's counsel requested that Complainant reschedule the depositions for 

a date and time mutually agreeable to all parties, Complainant has not yet done so. 

Respondent's counsel has since learned that deponent Cory Smith will be out of the 

country on March 7, 2013, attending an NTSB-sanctioned engine teardown at Pratt & Whitney 

Canada. 

MARTINAIRE hereby requests that the Administrative Law Judge issue a Protective Order 

taking off-calendar those depositions scheduled for March 7 and 8, 2013 until such time as they 

FAA Case No. 2011SW7001891FDMS No. FAA-2013-0040 

MARTINAIRE AVIATION, LLC'S OBJECTION TO DEPOSITION NOTICE AND REQUEST FOR 

PROTECTIVE ORDER 

2 
can be rescheduled for a date upon which all deponents and both counsel will be available. 

Respectfully· submitted, 

Dated this 22nd day of February, 2013. 

MICHAEL L. DWORKI 

ASS~r: 

Mic ael L. Dworkin 

Attorneys for MARTINAIRE AVIATION, LLC 

FAA Case No. 2011SW700189/FDMS No. FAA-2013-0040 

MARTINAIRE AVIATION, LLC'S OBJECTION TO 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 OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

In the Matter of: 

MARTINAIRE AVIATION, LLC 

FAA Case No. 2011SW700189 

FDMS No. FAA-2013-0040 

EXHIBITB 

DECLARATION OF MICHAEL L. 

DWORKIN IN SUPPORT OF 

MARTINAIRE AVIATION, LLC'S 

OBJECTION TO NOTICE OF 

DEPOSITIONS SCHEDULED FOR 

MARCH 7, 2013 AND MARCH 8, 2013 

AND REQUEST FOR A PROTECTIVE 

ORDER 

Judge: Honorable Richard C. Goodwin ' 

I, Michael L. Dworkin, hereby declare and state as follows: 

1. The following is based upon my personal knowledge and I could competently testify thereto 

if called as a witness. 

2. I am a licensed attorney and am the attorney of record for Respondent, Martinaire Aviation, 

LLC ("MARTINAIRE"). 

FAA Case No. 2011SW700189/FDMS No. FAA-2013-0040 

MARTINAIRE AVIATION, LLC'S OBJECTION TO DEPOSITION NOTICE AND REQUEST FOR 

PROTECTIVE ORDER 

4 
3. On February 14, 2013, Counsel for Complainant served (via FED EX) 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 on Friday morning, 

February 15, 2013. 

4. Immediately upon receipt of the 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 object to 

the depositions in general, and I had prior commitments on March 7 and 8, 2013 and would 

be unable to attend the depositions scheduled for the those days. 

5. I requested that Complainant reschedule the depositions to a mutually agreeable date and 

time. 

6. Later that day, I was advised by MARTINAIRE that deponent Cory Smith was scheduled to 

be out of the country on March 7, 2013, attending an NTSB-sanctioned engine teardown at 

Pratt & Whitney Canada. 

7. On February 18, 2013, counsel for Complainant sent me an email advising that he was in trial 

and would return on February 25, 2013. I responded to Complainant's counsel's February 18, 

2013 email requesting confirmation that the depositions had been taken off calendar, but 

have not yet received any such confirmation. (Copies ofFebruary 18 emails between the two 

counsel are attached as Exhibit "D" to MARTINAIRE'S Objection). 

8. To date, Complainant has neither taken the depositions off calendar nor attempted to contact 

me to discuss a mutually agreeable date for rescheduling the depositions. 

I declare under penalty of perjury that the foregoing is true and correct. Executed this 22nd day 

of February, 2013 in San Francisco, 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 of Cory Smith and Michael Bates for 

March 7 and 8, 2013. I attempted to phone you, but only got your voicemail. 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 for these 

depositions. · 

While I have no objection to your noticing or taking depositions of any witnesses, I am not available on either of those 

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 of this moment, I cannot commit until I hear from them. 

My normal practice, in 40 years of practicing law, is to telephone the opposing counsel and ascertain his or her 

availability prior to scheduling depositions, rather than simply doing it unilaterally. This ultimately saves a lot of time 

and expense. 

Moreover, we might be able to dispense with these depositions altogether if we 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 on this 22ndt day of February, 2013, a true and 

correct copy ofthe foregoing MARTINAIRE AVIATION, LLC'S OBJECTION TO 

DEPOSITION NOTICES AND REQUEST FOR PROTECTIVE ORDER was served as 

follows: 

Federal Aviation Administration 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building- Suite 2W1 000 

800 Independence A venue SW 

Washington, DC 20591 

(Original plus one copy) 

{Federal Express} 

The Honorable Richard C. Goodwin 

Administrative Law Judge 

Office of Hearings, M-20 

Department of Transportation 

1200 New Jersey Avenue, S.W. 

Washington, DC 20590 

FAX: 1-202-366-7536 

{FAX and Federal Express} 

James Archier, Esq. 

Federal Aviation Administration 

Office of the Regional Counsel 

Southwest Region, ASW -7 

2601 Meacham Boulevard, Suite 6E 

Fort Worth, TX 76137 

FAX: 1-817-222-5092 

{FAX and Federal Express} 

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