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EXHIBIT B

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IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
MICHAEL HUERTA, Administrator, Federal
Aviation Administration,
Case No. 13-cv-08529
Petitioner,
Honorable Judge Norgle
v.
SKYPAN INTERNATIONAL INC.,
Respondent.
SKYPAN INTERNATIONAL'S RESPONSES TO
FEDERAL AVIATION ADMINISTRATIONS SUBPOENA
In response to the subpoena for production of documents served on November 26, 2013
by Petitioner Federal Aviation Administration ("FAA") Respondent Skypan International, Inc.
(Skypan) provides the following responses to Document Requests Nos. 1-9.
Subject to its objections, Skypan will produce responsive documents by delivery to the
U.S. Attorneys Office, 219 S. Dearborn Street, Suite 500, Chicago, Illinois 60604, along with
this pleading, pursuant to Rule 34, Fed.R.Civ.P.
Skypan is responding that, to the extent such documents are located they will be
produced, subject to and without waiver of any objections and/or privileges.
General Objections
1.

To the extent any of FAA's discovery requests call for documents or information

subject to the attorney client privilege and/or work product immunity, they are objected to on
that basis. Any documents withheld from production on either basis will be identified in a
withheld document list. Skypan objects to identifying documents withheld on the basis of the
attorney client privilege and/or work product immunity that were created or prepared after the
filing of this lawsuit.
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2.

Certain of FAA's discovery requests seek documents and information which

contain confidential and proprietary business or technical information or trade secrets of Skypan
and/or Petitioner. Documents being produced by Skypan have been marked Confidential.
Skypan objects to providing such additional documents and information without the entry of a
protective order or suitable written agreement adequate to protect Skypan's and/or Petitioner's
rights in such information and documents.
3.

Skypan objects to FAA's discovery requests to the extent they are overbroad and

not reasonably calculated to lead to discovery of admissible evidence.

Skypan is willing,

however, to confer with FAA counsel in an effort to resolve any disagreements between the
parties relating to the scope, breadth and relevancy of FAA's discovery requests.
4.

Skypan objects to FAA's discovery requests to the extent they request documents

and/or information already in FAA's possession or which are available to FAA from other
sources.
5.

Skypan objects to any document request that seeks all documents. Subject to

these objections and governing law, Skypan will produce those responsive documents and things
that it is obligated to produce under the Federal Rules of Civil Procedure that are uncovered as a
result of a reasonable and diligent search.
Skypan objects to FAA's definitions and instructions to the extent they are inconsistent
with the appropriate Federal Rule of Civil Procedure, such as Rules 26, 33 and 34, and the Local
Rules of the Court. Skypan will rely upon the ordinary meaning of the words used in the
Requests and the Federal Rules of Civil Procedure, the Local Rules and governing case law with
respect to the subject definitions, instructions and responses.
To the extent that specific objections are cited in a specific response, those specific
citations are provided because they are believed to be particularly applicable to the specific
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requests and are not to be construed as a waiver of any General Objection or other objection
applicable to information falling within the scope of the request.
Requests for Production
1.
Any and all agreements or contracts, in the possession or control of SkyPan
International, Inc., entered into between Macklowe Properties and Skypan International Inc.
concerning the surveillance and/or photography of the area surrounding 432 Park Avenue, New
York, NY.
Response:
Skypan objects to the disclosure of confidential/proprietary information (see General
Objections 2 and 4). Subject to that objection, Skypan is producing Document Nos. SKY001
SKY0045.
2.
Any and all photographic products and/or materials, in the possession or control
of SkyPan International Inc., created by SkyPan International Inc. and paid for and/or ordered by
Macklowe Properties to include, but not limited to, hard copies of any information posted on any
website or other electronic media, at any time, and used or created for Macklowe Properties.
Response:
Skypan objects to the disclosure of confidential/proprietary information (see General
Objections 2 and 4). Subject to that objection, Skypan is producing relevant, non-privileged
documents SKY001-SKY045.
3.
Any and all surveys and/or reports, in the possession or control of SkyPan
International Inc., created by SkyPan International Inc. and paid for and/or ordered by Macklowe
Properties including, but not limited to, hard copies of any information posted on any website or
other electronic media, at any time, and used or created for Macklowe Properties.
Response:
Skypan states after a reasonable search it has not located any documents responsive to
this request.
4.
Any and all agreements, in the possession or control of SkyPan International Inc.,
relating to the photography and/or videography of area around 432 Park Avenue including, but
not limited to, any records of payments made or payable to Sky Pan International Inc.; scope of
work agreements; and description of work specifications.

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Response:
Skypan objects to the disclosure of confidential/proprietary information (see General
Objections 2 and 4).

Subject to that objection, Skypan is producing documents SKY001-

SKY045.
5.
Any and all documents, in the possession or control of Sky Pan International Inc.,
relating to any business relationships that Macklowe Properties has with SkyPan International
Inc. to include, but limited to, the following:
a.
Any and all documents, in the possession or control of Sky Pan
International Inc., regarding contract negotiations and understandings between
Macklowe Properties and SkyPan International Inc. to include, but not limited to,
correspondence records, telephonic messages, emails, or any text communication.
b.
Any and all documents, in the possession or control of Sky Pan
International Inc., regarding the expenses and fees associated with the
photography of 432 Park Avenue to include, but not limited to, cost estimates
reports, proposals, receipts, billing invoices, or payment acknowledgement.
Response:
Skypan objects to the disclosure of confidential/proprietary information (see General
Objections 2 and 4). Subject to that objection, Skypan is producing documents in its possession,
custody and/or control located after a reasonable search, SKY001-SKY045.
6.
Any and all records of any payment, in the possession or control of SkyPan
International Inc., made by Macklowe Properties to SkyPan International Inc., or any agents
thereof, for the photography of the area around 432 Park Avenue.
Response:
Skypan objects to the disclosure of confidential/proprietary information (see General
Objections 2 and 4). Subject to that objection, Skypan is producing documents in its possession
custody and/or control recovered after a reasonable search, SKY001-SKY045.
7.
Any and all agreements or contracts, in the possession or control of SkyPan
International Inc., concerning the use of the SkyPan RPV System, or any other unmanned aerial
system, to conduct surveillance and/or photography in the New York City and Chicago
metropolitan area Class B airspace.

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Response:
Skypan objects to this document request because it is overbroad and unduly burdensome.
Further, see General Objections 2, 3 and 5. First, Skypan responds that it does not conduct
surveillance as this term is understood by Skypan, and thus there are no documents responsive
to that specific request.
Skypan further objects to providing documents pertaining to the use of the Skypan RPV
System, or any other unmanned aerial system to conduct photography in Chicago because, at this
point, Skypan is unaware of any basis under which a response would be required. To Skypans
knowledge, the only complaints provided to the FAA were for flights over land identified as
432/440 Park Avenue in New York City. Response documents SKY001-SKY045 have been
produced. Subject to these objections and based on its understanding of this request, Skypan
responds that it has not used the Skypan RPV System, or any other unmanned aerial system to
conduct surveillance and/or photography in the New York City metropolitan area Class B
airspace.
8.
Any and all photographs and/or materials, in the possession or control of Sky Pan
International Inc., relating to the use of the SkyPan RPV System, or any other unmanned aerial
system, in the New York City and Chicago metropolitan area Class B airspace to conduct aerial
photography to include, but not limited to, hard copies of any information posted on any website
or other electronic media, at any time, and used or created by SkyPan International Inc.
Response:
See Response to Request No. 7.
9.
Any and all surveys and/or reports, in the possession or control of Sky Pan
International Inc., relating to the use of the SkyPan RPV System, or any other unmanned aerial
system, in the New York City and Chicago metropolitan area Class B airspace to conduct aerial
photography including, but not limited to, hard copies of any information posted on any website
or other electronic media, at any time, and used or created by SkyPan International Inc.
Response:
Skypan responds that it does not have any documents responsive to this request.

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Respectfully submitted,
/s/Christopher W. Niro
William L. Niro (wniro@nshn.com)
Christopher W. Niro (cniro@nshn.com)
NIRO, HALLER & NIRO
181 W. Madison, Suite 4600
Chicago, IL 60602
(312) 236-0733
Fax: (312) 236-3137
Attorneys for
Respondent SkyPan International, Inc.

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CERTIFICATE OF SERVICE
The undersigned hereby certifies that on February 14, 2014, the foregoing SKYPAN
INTERNATIONAL'S RESPONSES TO FEDERAL AVIATION ADMINISTRATIONS
SUBPOENA was Hand Delivered to following counsel:
Katherine E. Beaumont
Assistant United States Attorney
Northern District of Illinois
219 S. Dearborn, Suite 500
Chicago, Illinois 60604
Tel: (312) 353-7223
Fax: (312) 886-4073
Katherine.Beaumont@usdoj.gov
Tel: (312) 558-5600
Fax: (312) 558-5700
Attorneys for Petitioner, Michael Huerta,
Administrator, Federal Aviation Administration

I certify that all parties in this case are represented by counsel who are CM/ECF participants.
/s/Christopher W. Niro
Attorneys for SkyPan International, Inc.

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