Jeffrey Harper

FAA Office of Regional Counsel

RECEIVED
1601 Lind Avenue Southwest
Renton, Washington 98057
MAY 2 9 2014
T (425) 227-2161
F (425) 227-1007
HEARING DOCKET

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION
OFFICE OF HEARINGS
WASHINGTON, D.C.

FAA Case No. 2013WP910239

In the Matter of: DMS No.: FAA-2014-0114
Great Western Air, LLC
Honorable Richard C. Goodwin

COMPLAINANT'S INITIAL DISCOVERY REQUEST

To Respondent:

In accordance with 14 C.F.R. 13.220 and the Federal Rules of Civil Procedure, please
respond to the following Interrogatories, Requests for Production of Documents, and
Request for Admissions, separately and fully under oath by June 23. 2014.

These discovery requests are intended to discover information and/or documents not only
within your personal knowledge or obtainable by you, but also information in the
possession of or obtainable by your attorneys, investigators, representatives, employees,
agents, or anyone acting on your behalf or on their behalf.

These discovery requests are continuing in 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 agency attorney through supplemental answers when it becomes
available to you, at 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
the hearing Respondent is specifically requested to so immediately inform the agency
attorney. If such information is not furnished, the agency attorney at the time of the hearing
will move to exclude from evidence such information requested and not furnished.

The agency attorney further requests that the Respondent produce the documents identified
and designated herein for inspection and copying at the Federal Aviation Administration

Complainant's Initial Discovery Request JEFFREY M. HARPER, FAA ATIORNEY

Great Western Air, LLC T (425) 227-2161; F (425) 227-1007
DMS No. FAA-2014-0114
Page I of7
(FAA) Office ofRegional Counsel, Suite 570, 1601 Lind Avenue, Southwest, Renton,
Washington 98057, by June 23, 2014.

PRIVILEGE

If, in responding to, or failing to respond to these Interrogatories, Requests for Admission
and Requests for Production 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 if applicable; and identifY all documents or
other information, including contacts and communications, which you believe to be
embraced by the privilege invoked.

DATED this 22nct day of May, 2014.

4~c.--.....___
. . arper
FAA Attorney

Complainant's Initial Discovery Request JEFFREYM. HARPER, FAA ATTORNEY

Great Western Air, LLC T (425) 227-2161; F (425) 227-1007
DMS No. FAA-2014-0114
Page 2 of7
 INTERROGATORIES

Interrogatory No. 1: IdentifY by name, address, and telephone number all persons whom
Great Western Air, LLC (Great Western) knows to have personal knowledge of the matters
alleged in the Complaint.

Interrogatory No. 2: IdentifY by title, date, author, present custodian, and content, all
documents, including correspondence, obtained by you or in your possession, relating to the
assertions in the Complaint, your appeal, your answer, and any affirmative defenses which
you anticipate raising in this matter. See Request for Production No. 1.

Interrogatory No. 3: IdentifY by name, address, and telephone number, all persons whom
you intend to have testifY as a factual or expert witness in your defense at the hearing in this
matter, and for factual witnesses, provide a detailed summary of each person's anticipated
testimony.

Interrogatory No. 4: IdentifY by title, date, author, present custodian, and content, all
documents which you anticipate offering into evidence or using at the hearing in this matter,
and through which witness or witnesses the document will be offered. See Request for
Production No. 2.

Interrogatory No.5: With respect to each expert witness identified in response to

Interrogatory No.3, specifY their specific area of expertise and provide a synopsis of their
credentials, background, training, and experience.

Interrogatory No. 6: With respect to each expert you expect to call as a witness, state the
subject matter on which the expert is expected to testifY, the substance of the facts and
opinions to which the expert is expected to testifY, and provide a summary of the grounds
for each such opinion.

Interrogatory No.7: Describe with specificity all of the facts which you anticipate
presenting in the course of the hearing in this matter pertaining to the avoidance or
mitigation of the sanction sought by the FAA in this case.

Interrogatory No. 8: For each allegation in the Complaint that is denied-whether outright
or as a result of having insufficient information or knowledge from which to form a belief
as to the truth of the allegation, in whole, or in part-state with specificity the facts that are
the basis for that denial as well as the inquiries taken to determine that the allegation in the
complaint is not correct. See Request for Production No.3.

Interrogatory No. 9: For any Requests for Admissions that are denied-whether outright or
as a result of having insufficient information or knowledge from which to form a belief as to

Complainant's Initial Discovery Request JEFFREY M. HARPER, FAA ATTORNEY

Great Western Air, LLC T (425) 227-2161; F (425) 227-1007
DMS No. FAA-2014-0114
Page 3 of7
the truth of the allegation, in whole, or in part-state with specificity the facts and evidence
which are the basis for that denial as well as the inquiries taken to determine that the facts in
the request for admission are not correct. See Request for Production No. 4.

Interrogatory No. 10: Describe with specificity all facts and evidence you intend to rely
upon in support of any affirmative defenses raised in any Answer to the Complaint. See
Request for Production No.5.

REQUESTS FOR PRODUCTION

Request for Production No. 1: Provide a copy of all documents referred to in your answer to
Interrogatory No. 2

Request for Production No. 2: Provide a copy of all documents referred to in your answer to
Interrogatory No. 4.

Reguest for Production No. 3: Provide a copy of all documents that support your answer to
Interrogatory No. 8.

Request for Production No. 4: Provide a copy of all documents that support your answer to
Interrogatory No.9.

Request for Production No.5: Provide a copy of all documents that support your answer to
Interrogatory No. 10.

Request for Production No.6: Provide a copy of Great Western Air's federal income tax
returns for tax years 2011,2012,2013 and, if filed, 2014, including all supplemental forms,
statements, and attachments.

Request for Production No. 7: Provide a copy of Great Western's bank statements for the
period October 1, 2012 to present, including but not limited to J. P. Morgan Chase Bank,
N.A. Account Numbers ending in 1800 and 4838.

Request for Production No. 8: Provide a copy of statements for Great Western's lines of
credit for the period October 1, 2012 to present, including the lines of credit with Bank of
America and J.P. Morgan Chase, N.A. that Great Western reported to the FAA on its
Department of Justice Financial Statement of Debtor dated February 18,2014.

REQUEST FOR ADMISSIONS

Under 14 C.F.R. 13.220(b) and Rule 36 of the Federal Rules of Civil Procedure, you are
requested to admit the truth of the following matters. A matter is admitted uuless responded
to in a reasonable time. The Rules of Practice in FAA Civil Penalty Actions, 14 C.F.R.

Complainant's Initial Discovery Request JEFFREY M. HARPER, FAA ATTORNEY

Great Western Air, LLC T (425) 227-2161; F (425) 227-1007
DMS No. FAA2014-0114
Pa2:e 4 of7
 13.220(d), defines a reasonable time to be 30 days. The agency requests tbat an answer be
served upon tbe agency attorney either admitting tbe matter, specifically denying tbe matter,
stating why tbe matter cannot be admitted or denied, or objecting to tbe request, with
reasons for the objection stated within 30 days oftbe date of service upon you, that is,
June 23,2014.

Request for Admission No. 1: Admit a "pilot" is a "flight crewmember."

Request for Admission No. 2: Admit Great Western hired Mr. Kelly Campbell as a pilot.

Request for Admission No. 3: Admit Great Western hired Mr. Daniel Ford as a pilot.

Request for Admission No. 4: Admit Great Western hired Mr. Wayne Blake as a pilot.

Request for Admission No. 5: Admit Great Western hired Ms. Felicia Rindon as a pilot.

Request for Admission No. 6: Admit Great Western hired Mr. James Walker as a pilot.

Request for Admission No.7: Admit Great Western hired Mr. David Ciarochi on October
31, 2012.

Request for Admission No. 8: Admit Great Western hired Mr. David Ciarochi on as a pilot.

Request for Admission No. 9: Admit Great Western hired Mr. Chance Duvail as an aircraft
mechanic.

Request for Admission No. 10: Admit Mr. Campbell was the pilot in command or second in
command of one or more flights operated by Great Western on each of tbe dates alleged in
tbe Complaint, Paragraphs ll.3.f.(l }-(9).

Request for Admission No. 11: Admit at least one flight operated by Great Western on each
of tbe dates alleged in tbe Complaint, Paragraphs ll.3 .f.(l }-(9) were operated under
14 C.F.R. Part 135, witb Mr. Campbell present as tbe pilot in command or second in
command.

Request for Admission No. 12: Admit Mr. Ford was tbe pilot in command or second in
command of one or more flights operated by Great Western on each of tbe dates alleged in
tbe Complaint, Paragraphs II.4.e.(l }-(8).

Request for Admission No. 13: Admit at least one flight operated by Great Western on each
of the dates alleged in tbe Complaint, Paragraphs ll.4.e.(l)--(8) were operated under
14 C.F.R. Part 135, witb Mr. Ford present as tbe pilot in command or second in command.

Complainant's Initial Discovery Request JEFFREYM. HARPER, FAA ATTORNEY

Great Western Air, LLC T (425) 227-2161; F (425) 227-1007
DMS No. FAA-2014-0114
Page 5 of7
Request for Admission No. 14: Admit Mr. Blake was the pilot in command or second in
command of one or more flights operated by Great Western on each of the dates alleged in
the Complaint, Paragraphs II.5.e.(1}-(6).

Request for Admission No. 15: Admit at least one flight operated by Great Western on each
of the dates alleged in the Complaint, Paragraphs II.5.e.(1}-(6), were operated under
14 C.P.R. Part 135, with Mr. Blake present as the pilot in command or second in command.

Request for Admission No. 16: Admit Ms. Rindon was the pilot in command or second in
command of one or more flights operated by Great Western on each of the dates alleged in
the Complaint, Paragraphs II.6.d.(1 }--(4).

Request for Admission No. 17: Admit at least one flight operated by Great Western on each
of the dates alleged in the Complaint, Paragraphs II.5 .e.(1 }--(6), were operated under
14 C.P.R. Part 135, with Ms. Rindon present as the pilot in command or second in
command.

Request for Admission No. 18: Admit Mr. Walker was the pilot in command or second in
command of one or more flights operated by Great Western on July 1, 2013.

Request for Admission No. 19: Admit at least one flight operated by Great Western on
July 1, 2013 was operated under 14 C.P.R. Part 135, with Mr. Walker present as the pilot in
command or second in command.

Request for Admission No. 20: Admit Great Western Air, LLC is domiciled in Arizona.

Request for Admission No. 21: Admit Great Western Air, LLC does business as Cirrus
Aviation Services, LLC in Nevada.

Request for Admission No. 22: Admit the lowest daily ending balance between
November 1, 2013 and January 31,2014 of Cirrus Aviation Services, LLC's J. P Morgan
Chase, N.A. Account Number ending with 1800 was $48,676 on January 16,2014.

Request for Admission No. 23: Admit the lowest daily ending balance between
November 1, 2013 and January 31, 2014 of Cirrus Aviation Services, LLC's J.P. Morgan
Chase, N.A.AccountNumber ending with 4838 was $45,624.78 on January 27,2014.

Request for Admission No. 24: Admit Great Western Air, LLC, d/b/a Cirrus Aviation
Services, LLC, had access to credit of at least $40,000 on February 18, 2014.

Request for Admission No. 25: Admit Great Western Air, LLC anticipates an increase in
business income due to the improving economy.

Complainant's Initial Discovery Request JEFFREY M. HARPER, FAA ATTORNEY

Great Western Air, LLC T (425) 227-2161; F (425) 227-1007
DMS No. FAA-2014-0114
Page6of7
 CERTIFICATE OF SERVICE

I hereby certify that the foregoing Complainant's Initial Discovery Request has been
served via Certified Mail- Return Receipt Requested this date, to the following:

Mark J. Connot, Esq.

Fox Rothschild, LLP
3800 Howard Hughes Parkway, Suite 500
Las Vegas, NV 89169
T (702) 699-5924
F (702) 597-5503

The Honorable Richard C. Goodwin

Office of Hearings, M-20
1200 New Jersey Avenue, S.E.
East Building Ground Floor, Rm E12-320
Washington, D.C. 20590
TEL: (202) 366-2139
FAX: (202) 366-7536

Attn: Hearing Docket Clerk, AGC-430

Wilbur Wright Building- Suite 2W1 000
Federal Aviation Administration
800 Independence Avenue Southwest
Washington, DC 20591
F (202) 493-5142

DATED this 22nct day of May 2014.

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J
Dana Stephenson
Office of Regional Counsel (ANM-7)
Federal Aviation Administration
1601 Lind A venue Southwest
Renton, WA 98057
T (425) 227-2164

Complainant's Initial Discovery Request JEFFREYM. HARPER, FAA ATTORNEY

Great Western Air, LLC T (425) 227-2161; F (425) 227-1007
DMS No. FAA-2014-0114
Page 7 of7