In the Matter of: 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, DC 

G 

Docket No. FAA-2015-0207 

WORLD LOGISTICS SOLUTIONS, LLC 

Respondent 

) 

) 

) 

) 

) 

Case No. 2014-GL-70-0263 

Judge J.E. Sullivan 

RESPONDENT'S REPLY TO COMPLAINANT'S SHOW CAUSE STATEMENT 

On January 21, 2016, Respondent's counsel received the Court's Order Setting Show 

Cause Deadline Re Dismissal ("Order") and the Complainant's Show Cause Statement. For the 

following reasons, Respondent respectfully requests that the Complaint in this matter be 

dismissed with prejudice. 

Simply put, Complainant's explanation in its Show Cause Statement fails to constitute 

good cause and, frankly, no valid explanation exists for the Complainant, as the prosecuting 

party, for failing to comply with the Order. Complainant apparently forgot and forgetting to 

comply with the Order does not constitute good cause. To that end, Respondent believes the 

Court should be aware of the relevant history to properly evaluate Complainant's good cause 

claim, which will make clear that no good cause exists. 

As an initial matter, Respondent shares the Court's frustration with the Complainant's 

lack of responsiveness regarding this matter as illustrated below: 

On February 26, 2015, Respondent's counsel requested the releasable portions of the 

Enforcement Investigative Report ("EIR") to assist with the preparation of an Answer to the 

Complaint. (Exhibit 1.) However, Complainant's counsel did not provide a copy of the ElR 

until nearly two and half months later on May 14, 2015, and only after a follow-up voice mail in 

WASHINGTON_DC/#49577.1 
which Respondent's counsel stressed that he would be forced to follow up with Complainant's 

counsel's supervisor unless Complainant provided a copy of the EIR. (Ex. 2.) 

On May 28, 2015, Respondent's counsel provided Respondent's financials to establish 

Respondent's inability to pay. (Ex. 2.) However, Complainant never responded until 

Respondent's counsel sent Complainant's counsel a follow up email on October 13, 2015. (Ex. 

3.) 

On October 20, 2015, the same day that the Court issued its Order Setting Deadlines for 

Parties' Informal Case Discussion and Report, and Settling a Pre-Hearing Status Conference, 

Complainant's counsel replied to Respondent's counsel's email and explained that she was going 

on leave in a couple of weeks until February and that she copied her supervisor on the email "in 

case we do not get this matter taken case of before I leave in a couple of weeks for maternity 

leave." (Ex. 3.) 

On December 16, 2015, nearly two months later, Respondent's counsel finally received 

an email fi·om Complainant's new counsel explaining that he had been assigned the case and 

requesting additional financial information. (Ex. 4.) On December 18, 2015, Respondent's 

counsel provided the requested financial information. (Ex. 5.) On January 12, 2016, nearly a 

month later and a week before the Pre-Hearing Status Conference, Respondent's counsel 

followed up with Complainant's counsel regarding status because Complainant jed led to respond 

to Respondent's counsel's December 18 email. (Ex. 5.) On January 21, 2016, Complainant's 

counsel finally responded: "Sorry for the delay. I will get back with you next week to discuss 

settlement." (Ex. 5). 

As the foregoing timeline makes clear, no good cause exists for the Court not to dismiss 

the Complaint with prejudice. The FAA, as the prosecuting party, had ample time and 

Page 2 of 3 
opportunity to comply with the Court's order and inexplicably failed to do. Absent good cause 

for the Complainant's actions, the Complaint should be dismissed with prejudice. 

WHEREFORE, Respondent respectfully requests that the Complaint in this matter be 

dismissed with prejudice. 

David M. Hernandez, Shareholder 

Vedder Price P.C. 

1401 I Street NW, Suite 1100 

Washington, DC 20005 

T: 202-312 3340 

F: 202-312 3322 

dhemandez@vedderprice.com 

Counsel for World Logistics, LLC d/b/a Viabox 

Attachments: Exhibits 1-5 

Service List 

Page 3 of3 
CERTIFICATE OF SERVICE 

I hereby certify that I have, this date, served the foregoing RESPONDENT'S REPLY TO 

COMPLAINANT'S SHOW CAUSE STATEMENT to the following address as indicated: 

One Copy: 

Mr. Brian K. Khan, Esq. 

Enforcement Division, Midwest Team 

FAA Office of the Chief Counsel 

2300 East Devon Avenue 

Des Plaines, Illinois 60018 

Fax: 847-294-7498 

One Copy: 

Judge J.E. Sullivan 

U.S. Administrative Law Judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

1200 New Jersey Avenue, S.E. (E-ll-310) 

Washington, D.C. 20590 

Fax: 202-366-7536 

Original and One Copy: 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Washington, D.C. 20591 

Attention: Hearing Docket Clerk, AGC-430 

via Fax 

via Fax 

via US. Mail 

Wilbur Wright Building- Suite 2Wl 000 

Dated this 2ih day of January, 2016 

"\!!A_ ~-' 

Meg&rrison, Administrative Assistant 

Vedder Price P.C. 
EXHIBIT 1 

Hernandez, David M. 

From: Hernandez, David M. 

Sent: 

To: 

Cc: 

Thursday, February 26, 2015 2:50 PM 

kate.barber@faa.gov 

viaddress@gmail.com 

Subject: FW: Via box Request for Hearing 

Attachments: Envelope FAA attorney Letter jpeg; FAA attorney Letter. pdf 

Kate, 

On behalf of my client, Viabox, please email me the applicable forms to establish financial inability to pay the 

proposed civil penalty. Also, given that I have to prepare an Answer, please forward/email me the releasable 

portions of the EIR. Please let me know if you have any questions. 

Thank you, 

David 

v 

David M. Hernandez 

Shareholder 

T: +1 (202) 312 3340 I F: +1 (202) 312 3322 

M: + 1 (202) 403 1678 

dhernandez@vedderprice.com 

Assistant: Diane V. Myers, + 1 (202) 312 3349 

1401 I Street NW 

Suite 1100 

Washington, DC 20005 

Chicago I New York I Washington, DC 

London I San Francisco 1 Los Angeles 

From: viaddress@qmail.com [mailto:viaddress@qmail.com] On Behalf Of Via box 

Sent: Thursday, February 26, 2015 2:38 PM 

To: Hernandez, David M. 

Cc: Myers, Diane V. 

Subject: Re: Viabox Request for Hearing 

Hi David, 

We received this overnight Fedex envelope from the FAA attorney. 

Please let us know how we should proceed. 

Best regards, 

Abdel & Armelina Elhassani 

Abdel mobile: 858-952-9886 

Armelina mobile: 858-952-6611 

www.viabox.com 1 contact@viabox.com 

1 
25883 N Park Ave, Elkhart, Indiana, United States 

Copyright© 2015 VIABOX. All Rights Reserved. 

This email and any files transmitted 'Nitll 1t are confidential and intended solely 'for the use of U1e individual or entity to wilom they me addressed. If you have 

received this email in error please notify the system manager. This message contains contidential information and is tntended only fm ll<e tndtviclual n8med. If you 

.:11-e not the named addressee you should not dissemin.·ate, distrtbute or copy this e-mail. Please notify the sender immediately by c::-mail if you have received this email by mistake and delete this e-mail from your system. If you are not the i11tended t·ecipient you are notified that disclosing, copying, distributing or taking any 

action in reliance on the contents oflhis infOIYnalion is si11ctly prohibited. 

2 
EXHIBIT2 

Hernandez, David M. 

From: Hernandez, David M. 

Sent: 

To: 

Subject: 

Thursday, May 28, 2015 9:37AM 

Kate Barber (kate.barber@faa.gov) 

RE: World Logistics/Via box Financials 

Attachments: Viabox Tax File. pdf; Via box Financial Statement File.pdf 

Importance: High 

Kate, 

Attached is Viabox's completed financial disclosure and profit and loss statements (2012-2014), which 

establishes the company's inability to pay the proposed civil penalty. As you will note, the company is barely 

making a modest profit and the proposed civil penalty would likely force them into bankruptcy. In any event, 

after your review, please give me a call to discuss. I'm also send you a copy via first class mail. 

Best regards, 

David 

David M. Hernandez 

Shareholder 

T: + 1 (202) 312 3340 I F: + 1 (202) 312 3322 

M: + 1 (202) 403 1678 

dhernandez@vedderorice.com 

Assistant: Megan Morrison, + 1 (202) 312 3327 

1401 I Street NW 

Suite 1100 

Washington, DC 20005 

Chicago I New York I Washington, DC 

London I San Francisco I Los Angeles 

www.veddergrice.com 

From: Kate. Barber@faa. gov [ ma ilto: Kate. Barber@faa .gov] 

Sent: Thursday, May 14, 2015 10:59 AM 

To: Hernandez, David M. 

Subject: FW: World Logistics/Viabox 

Dear Mr. Hernandez, 

I have received your voicemail and thank you for your patience. Please find attached to this email the releasable 

portions of the EIR and the financial form. Please attach the last three years of tax returns to the form. 

I will send a hard copy of these along with the responses to your discovery request by early next week. 

Sincerely, 

1 
Kate Barber 

Attorney 

Great lakes Region 

2300 East Devon Ave. 

Des Plaines, ll60018 

T: 847-294-7862 

Fax:847-294-7498 

2 
Hernandez, David M. 

From: 

Sent: 

To: 

Cc: 

Subject: 

David, 

EXHIBIT3 

Kate.Barber@faa.gov 

Tuesday, October 20, 2015 4:25 PM 

Hernandez, David M. 

james.tegtmeier@faa.gov 

RE: Settlement discussions 

Thank you for the email and offer. The $5,000 is substantially lower than the proposed fine and while I do have some 

financial information it is not sufficient enough to prove their inability to pay the fine. I must discuss these cases with 

my boss and get his approval so it may take a little longer. Any further information may help. For example, the last 

three years of full tax returns and any other accounting information, we only received a Schedule C from 2014 and 

2013. I have CC'd my boss to keep him in the loop in case we do not get this matter taken care of before I leave in a 

couple of weeks for maternity leave. 

* I am going on leave until Feb. so this case may get passed to another attorney in my absence. ** 

Sincerely, 

Kate Barber 

Attorney 

Office of the Chief Counsel, AGC-300 

Enforcement Division, Midwest Team 

2300 East Devon Ave. 

Des Plaines, IL 60018 

T: 847-294-7862 

Fax: 847·294-7498 

From: Hernandez, David M. [mailto:dhernandez@veddemrice.com] 

Sent: Tuesday, October 13, 2015 8:54AM 

To: Barber, Kate (FAA) 

Subject: Settlement discussions 

Kate, 

Given that this case is stalled, I think it would be worthwhile to settle this before the new judge engages. Give 

Viabox's financial condition, they are able to pay about $5,000 in monthly installments. I can provide an 

affidavit from their accountant if you'd like to support their inability to pay under SBREF A. You have all of 

the financials. When are you available to discuss? 

Best regards, 

David 

1 
David M. Hernandez 

Shareholder 

E" 

T: +1(202)3123340 IF: +1(202)3123322 

M: +1 {202) 403 1678 

dhernandez©vedderorice.com 

Assistant: Megan Morrison, +1 (202) 312 3327 

1401 I Street NW 

Suite 1100 

Washington, DC 20005 

Chicago I New York I Washington, DC 

London I San Francisco I Los Angeles 

www.vedderprice.com 

WINNER ~-,;:l !, f' f'. 

o; 11 •r" 'r c:ll 

Aviation 100 Awards- 2015 

U.S. News Equipment Finance- 2014 

CONFIDENTIALITY NOTE: This e-mail is intended only for the use of the individual or entity to which it is 

addressed and may contain information that is privileged, confidential and exempt from disclosure under 

applicable law. If the reader of this e-mail message is not the intended recipient, or the employee or agent 

responsible for delivery of the message to the intended recipient, you are hereby notified that any dissemination, 

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notify us immediately by telephone at (312) 609-5038 and also indicate the sender's name. Thank you. 

Vedder Price P.C. is affiliated with Vedder Price LLP, which operates in England and Wales and with Vedder 

Price (CA), LLP which operates in California. 

2 
Hernandez, David M. 

From: 

Sent: 

To: 

Subject: 

Importance: 

David, 

EXHIBIT4 

Brian .K.Kha n @faa.gov 

Wednesday, December 16, 2015 3:24 PM 

Hernandez, David M. 

Viabox/World Logistics 

High 

I am taking over this case while Kate is on leave. I am looking over the financial information for the company and want 

to know if we could get the attachments to the documents. For instance, Part V of the return under the heading "other 

expenses" has instructions to "see attachment." There was no attachment provided. Also, can we get clarification on 

what line 11 means? It says "contract labor (see instructions)" 

In order to make a fair assessment of the financial strength of the company, it would be helpful to be able to see this 

information. 

Additionally, we are supposed to "confer privately to discuss the status of the case and determine what (if any) 

discovery disputes, motions, and/or other issues need to be addressed." 

The status of the case for me is to look at a detailed picture of the finances of the company to possibly agree upon a 

reduced CP, if warranted. With regards to any disputes, I do not believe there are any on our end at this time. 

Thanks, 

--Brian 

Brian K. Khan, Esq. 

FAA Office of the Chief Counsel 

Enforcement Division, Midwest Team 

2300 E. Devon Ave 

Des Plaines, IL 60018 

p: (847) 294-7652 

f: (847) 294-7498 

This communication might contain communications between attorney and client, communications that are part of the 

agency deliberative process, or attorney-work product, all of which are privileged and not subject to disclosure outside 

the agency or to the public. Please consult with the Office of Chief Counsel before disclosing any information contained 

in this email. 

1 
EXHIBIT 5 

Hernandez, David M. 

From: Brian.K.Khan@faa.gov 

Sent: 

To: 

Thursday, January 21, 2016 12:36 PM 

Hernandez, David M. 

Subject: RE: Viabox/World Logistics - Request from FAA for additional information 

David, 

Sorry for the delay. I will get back with you next week to discuss settlement. Thanks. 

--Brian 

Brian K. Khan, Esq. 

FAA Office of the Chief Counsel 

Enforcement Division, Midwest Team 

2300 E. Devon Ave 

Des Plaines, IL 60018 

p: (847) 294-7652 

f: (847) 294-7498 

This communication might contain communications between attorney and client, communications that are part of the 

agency deliberative process, or attorney-work product, all of which are privileged and not subject to disclosure outside 

the agency or to the public. Please consult with the Office of Chief Counsel before disclosing any information contained 

in this email. 

From: Hernandez, David M. [mailto:dhernandez@vedderprice.com] 

Sent: Tuesday, January 12, 2016 10:00 AM 

To: Khan, Brian K (FAA) 

Subject: FW: Viabox/World Logistics - Request from FAA for additional information 

Brian, 

I trust you've had a chase to review the additional information. Would you like to have a call regarding 

settlement? 

Best regards, 

David 

David M. Hernandez 

Shareholder 

T: +1 (202) 312 3340 I F: +1 (202) 312 3322 

M: +1 (202) 403 1678 

dhernandez@vedderorice.com 

Assistant: Megan Morrison, +1 (202) 312 3327 

1 
1401 I Street NW 

Suite 1100 

Washington, DC 20005 

Chicago I New York I Washington, DC 

London I San Francisco I Los Angeles 

www.vedderorice.com 

' WINNER 

L,t?. f~ 'l •1 

o* ~& ~o~:- ', t:L-ir 

Aviation 100 Awards- 2015 

U.S. News- Equipment Finance- 2014 

PR 

David M. Hernandez 

Shareholder 

T: +1 (202) 312 3340 I F: +1 (202) 312 3322 

M: +1 (202) 403 1678 

dhernandez@vedderorice.com 

Assistant: Megan Morrison, +1 (202) 312 3327 

1401 I Street NW 

Suite 1100 

Washington, DC 20005 

Olicago I New York I Washington, DC 

London I San Francisco I Los Angeles 

www.vedderorice.com 

WINNER 

1 :n:~ r~ r~·, 

j 1 f ·"·~ ~ f '"' -. r 

Aviation 100 Awards- 2015 

U.S. News- Equipment Finance- 2014 

From: Hernandez, David M. 

Sent: Friday, December 18, 2015 12:02 PM 

To: Brian.K.Khan@faa.gov 

Subject: FW: Viabox/World Logistics - Request from FAA for additional information 

Brian, 

Attached is the additional information that I received from Viabox. Also, apparently FedEx after acquiring 

Viabox's competition is trying crush them, which is placing additional financial pressure on the Viabox's 

financial status. 

Best, David 

2