• f 

SERVED DECEMBER 8, 2011 

^•-ARTMENT OF 

/Oil cuC"-8 P 2^ 30 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, DC 

IN THE MATTER OF 

CORNERSTONE AVIATION, INC. 

FAA DOCKET No. [TO BE ASSIGNED] 

(Civil PeiKiIty Action) 

FDMS No. FAA-201I-0481 

IN THE MATTER OF 

CORNERSTONE AVIATION, INC. 

FAA DOCKET No. [TO BE ASSIGNED] 

(Civil Penalty Action) 

FDMS No. FAA-2011 -0484 

IN THE MATTER OF 

CORNERSTONE AVIATION, INC. 

FAA DOCKET No. [TO BE ASSIGNED] 

(Civil Penalty Action) 

FDMS No. FAA-2011 -0489 
ORDER GRANTING COMPLAINANT'S MOTION 

FOR LIMITED SUMMARY .TUDGMENT 

IN DMS NO. FAA-2011-0481 

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

lias filed a Motion for Decision ("Motion") in one of these consolidated matleis. DMS 

No. FAA-2011-0481 ("0481"). The Motion aigiie.s that Respondent Cornerstone 

Aviation, Inc. ("Respondent" or "Cornerstone") has admitted all the relevant facts 

constituting ll^c basis for the agency's asserted violations of the Federal Aviation 

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

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

be limited to the question of sanction. 

The Complaint in 0481 asserts that Cornerstone, an air agency certified to operate 

a Part 141 pilot school, failed to provide training in accordance with the provision in its 

governing syllabus requiring students to hold a Private Pilot Certificate as a prerequisite 

to beginning Instrument/Commercial training. The Complaint asserts that a named 

student began receiving both InstrumentyConimercial ground instruction and 

Instrument/Commercial flight instruction before that student was issued a Private Pilot 

Certificate. As such, the Complaint states. Cornerstone violated FAR §§141.83(a)(1) 

(failing to comply with an approved training course) and 141.101(a)(1) (failing to 

maintain an accurate record of the date a student was enrolled in an approved course). In 

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

together with certain answers to Complainant's Request for Admissions, acknowledge 

the facts comprising the alleged violations. These admissions, the Motion continues, 

establish that Respondent violated the named FARs. 

Respondent did not answer the Motion. 

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

liability. Cornerstone's approved Insirument/Commercial training course requires a 

student to hold a Private Pilot Certificate prior to enrollment. The documents . 

Complainant has cited and submitted, together with Respondent's answer to the 

Complaint and to the agency's Request for Admissions, establish that Respondent's 

student began InstrumeniyConm^ercia! training prior to receiving a Private Pilot 

Certificate. These circumstances constitute violations of §§141.83(a)(1) and 

141.101(a)(1) 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: 

1. Complainant*s Motion for Decision is GRANTED: 
2. Respondent is found in violation of 14 C.F.R. §§141.83(a)(1) and 

141.101(a)(1) as staled in this Order; and 

3. The hearing in DMS No. FAA-2011-0481 will be limited to the issue of 

sanction. 

^ichard'CrOoodwin 

U.S. Administrative Law Judge 

Attachment - Service List 
FDMSNos. FAA-201 !• 

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 OfTicer 

Cornerstone Aviation, Inc., Respondent 

337 North 2370 West #130 

Salt Lake City, UT 84116 

TEL. 801-355-2244 

Jeffrey M. Harper, Comphiuan! '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-2'6 

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 ser\'ice in person or by expedited courier use llie following address: 

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

2W1000, Washington, DC 20591; Altenlion: Heanng Docket Clerk, AGC-430. 

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