/ 

SERVED DECEMBER 8, 2011 

OEl^RTMENT OF 

iRANSPORWiON 

.^:Ci-ETOPER.^TIO!^IS 

:0i! DEC --8 PI - 30 

,^Sil2li-iiiZi2S!& 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, DC 

IN THE MATTER OF 

CORNERSTONE AVIATION, INC. 

FAA DOCKET No. [TO BE ASSIGNED] 

(Civil Penalty Action) 

FDMS No. FAA-2011-0481 

IN THE MATTER OF 

CORNERSTONE AVIATION, INC. 

FAA DOCKET No. [TO BE ASSIGNED] 

(Civil Penalty Action) 

FDMS No. FAA-20n-0484 

IN THE MATTER OF 

CORNERSTONE AVIATION, INC. 

FAA DOCKET No. [TO BE ASSIGNED] 

(Civil Penalty Action) 

FDMS No. FAA-2011-0489 
^ . 

ORDER GRANTSNG COMPLAINANT^S MOTION 

FOR LIMITED SUMMARY JUDGMENT 

IN DMS NO. FAA-2011-0489 

Complainant Federal Aviation Administration ("ConAplainant" or "the agency") 

has filed a Motion for Decision ("Motion") in one of these consolidated matters, DMS 

No. FAA-2011-0489 ("0489"). The Motion aigues that Respondent Cornerstone 

AviuUou, Inc. ("Respondent" or "Comerstone").has admitted all the relevant facts 

constituting the hasis for ihe agency's asserted violations of the Federal Aviation 

Regulations ("FARs"); therefore, the agency continues, no genuine issue of material fac( 

exists and it is entitled to judgtnent as a matter of law. Complainant asks that the hearing 

be limited to the question of sanction. 

The Complaint in 0489, as amended, asserts that Cornerstone, an air agency 

certified.to operate a Pai:f 141 pilot school, failed to follow its approved and required 

syllabus respecting three students. Respondent, the amended Complaint alleges, 

erroneously credited a student, Mr. Samuel Golden, with ground training he had received 

other than through Respondent. Mr. Golden's enrollment in Cornerstojie's Instrument -

Airplane/Commercial course eventually was terminated. However, his training records 

for the course, tlie amended Complaint states, were not certified as correct by the chief 

flight instructor. That conduct constitutes an FAR violation. A second FAR violation 

occurred when the training records of a graduate of Respondent's Private Pilot course, 

Mr. Jason Lambert, had not been certified as correct by die chief flight instructor. 

Finally, the amended Complaint charges, the graduation certificate of a graduate of 

Cornerstone's Private Pilot course, Mr. Bryant Chase, fails to contain his name. As such, 

the amended Complaint asserts, Cornerstone violated the following FARs: 

§§141.95(b)(2) (issuing a graduation certificate to a student that failed to contain the 

student's name); 141,101(3) (failing to maintain a current and accurate record of the 

participation of a student eni'olled in ah approved training course); and 141.101(c) 

(failing to certify a student's record upon termination of that student's training). In 

support of its conclusion. Complainant's Motion argues that Respondent's Answer 

acknowledged the facts comprising the alleged violations. This circumstance establishes 

that Respondent violated the named FARs, the Motion concludes. 

Respondent did not answer the Motion. 

I conclude that Complainant is entitled to summary judgment on the question of 

liability. The documents Complainant has cited and submitted, together with 

Respondent's Answer to the amended Complaint, establish violations'of §§141,95(b)(2), 

141.101(a), and 141.101(c) as charged. 

The facts thus determined, however, do not establish the appropriate sanction. 

That issue will be heard as part of the consolidated hearing. 

WHEREFORE, it is ORDERED as follows: 
. ' 4 

1 "-

1. Complainant's Motion for Decision is GRANTED; 

2. Respondent is found in violation of 14C.F.R. §§I4).95(b)(2), Ml.lOUa), 

and 141.101(c) as staled in this Order; and 

3. The hearing in DMS No. FAA-2011-0489 will be limited to the issue of 

sanction. 

Richard C. Goodwin 

U.S. Administrative Law Judge 

Attachment ~ Service List 
FDMS Nos. FAA-201 h 

0481, 0484 and 0489 

(Civil Penalty Action) 

SERVICE LIST 

ORIGINAL & ONE COPY 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Washington, DC 20591 

Attention; Hearing Docket Clerk, AGC-430 

Wilbur Wright Building—Suite 2W1000' 

ONE COPY 

Susan Horstman, Chief Executive Officer 

Cornerstone Aviation, Inc., Respondent 

337 North 2370 West #130 

Sah Lake City, UT 84116 

TEL: 801-355-2244 

Jeffrey M. Harper, Complainant \s Counsel 

Attorney, Office of the Regional Counsel 

Northwest Mountain Region, ANM-7 

Federal Aviation Administration 

1601 Lind Avenue, S.W. 

Renton, WA 98057 

TEL: 425-227-2161 

FAX: 425-227-1007 

The Honorable Richard C. Goodwin, 

Administrative Law Judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

1200 New Jersey Avenue, S.E. 

"Washington, DC 20590 

TEL: 202-366-2139 Attorney-Advisor 

202-366-5121 Legal Assistant 

FAX; 202-366-7536 

Service was by U.S. Mail. For service in person or by expedited courier, use the following address: 

Federal Aviation Administration, 600 Independence Avenue, S.W., Wilbur Wright Building—Suite 

2WI000, Wasliington, DC 20591; Attention: Hearing Docket Clerk, AGC-430.