## SERVED: 

## June 19, 2015 U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS WASHINGTON, DC
In The Matter Of: ) ) ) ) ) DocketNo. FAA-2014-1119 SELECTAVIATION SERVICES, INC. Respondent Case No. 2013NM130007



### ORDER SETTING DEADLINE FORTHE RESPONDENT TO SHOW CAUSEAND TO FILE AN ANSWER, AND GRANTING/RESERVING OTHERRELIEF
On January 14, 2015 the Respondent, Select Aviation Services, Inc, filed with the FAA's Hearing Docket a one-page Request for Hearing. On January 22, 2015 and on, the FAA asserts that it served the Respondent's attorney with a .January 22,2015 Complaint by certified mail delivery. That same day, on January 22, 2015, the FAA filed a copy ofthe Complaint with the Office ofHearings ("OH"). Four days later, onJanuary 26, 2015,the FAA asserts thatthe Respondent lay representative was also served withthe FAA's Complaintby certified mail delivery. On February 10, 2015 a Notice ofAssignment ofProceeding was filed, which assigned

· this caseto the undersigned. On April 6, 2015 an Order Settinga Rule 16 Litigation Scheduling Conference, and Directingthe Parties to Confer and File A Rule 26(f) Proposed Discovery Plan was filed. On May 21,2015 the Respondent's attorney filed aNotice ofWithdrawal. On June 10,2015 the FAA filed a one-page Letter, datedJune 9, 2015, in which it stated that it had been unable to reach thepro se Respondent in order to confer and prepare a Rule 26(f) Proposed Discovery Plan, pursuantto the April 6, 2015 Order. The FAA also noted that it was filing a Motion for Decisionintheproceeding.

### On June 16, 2015 the FAA appeared for the Rule 16 Litigation Scheduling Conference. Thepro se 

### Respondent did not appear, and there was no explanationfor its absence. Duringthe Conference, the FAA stated that it would be correcting certain errors its Motion, and submitting a Renewed Motion for Decision within the week. The next day, onJune 17, 2015, the FAA filed a Renewed Motionfor Decision ("Motion"). BriefDiscussion 

### In FAA civil penalty proceedings, the FAA's Rules ofPracticerequire that a respondent file an answer to a complaintwithin 30 days ofservice ofthe complaint. 1 

### 14 C.P.R. § 13.209(a). In its March 6, 2015 Motion, the FAA asserts that theprose 

### Respondent, Select Aviation Services, Inc., has failed to file atimely Answerto the FAA'sJanuary 22, 2015 Complaint, pursuantto the thirty-daytime deadline in 14 C.P.R.§ 13.209(a). As a result, the FAA asserts that each allegation in the Complaint (i.e.,Sections I, II, and III) should be deemed uncontested and admitted, pursuant to 14 C.F.R. § 13.209(f). In essence, the FAA seeks a default finding and judgment on its Complaint, because ofthe Respondent's failure to answer. In its January 22, 2015 Complaint,the FAA alleges that the Respondent performed maintenance on a helicopter, on or about October 23, 2012, which did not comply with the applicable military maintenance manual for the helicopter's engine. The FAA alleges that this maintenance violated four (4) safety regulations. The FAA proposes a civil penalty of$18,425 for the alleged violations in its Complaint. Pursuant to 14 C.P.R.§ 13.209(f), a responding party who has not filed a timely answer to a Complaint may avoid a default finding by presenting good cause reasons (ifany) for the failure to file atimely Answer. The Respondent should be given an opportunity to respond to the FAA's June 17, 2015 Motion, and to state what reason(s), ifany, there are for its failure to file a timely Answer and comply with the FAA's Rules ofPractice. As part ofthis good cause Response, the Respondent should also include an Answer.

1 When the complaint is served by U.S. Mail. the Respondent is given an additional (5) five days to respond. 14 C.F.R. § 13.209(e). Page 2 of4Conclusion Pursuantto 14 C.F.R. §§ 13.205(a), 13.209, 13.218, and Fed. R. Civ. P. 8, and after reviewing all pleadings and documents, as well as all relevant caselaw, decisions, regulations, statutory authority, andbeing fully advised;

IT IS HEREBY ORDERED: 1. On or before July 3, 2015, the

### prose Respondentmay file a written Response to the FAA's June 17, 2015 Motionfor Decision.·In this Response, the Respondent should specifically state any facts orreason(s) why it did not file a timely Answerto the Complaint. The Respondent should also providereasons (ifany) why the Complaint should not be accepted as timely filed. 2. On or beforeJuly 3,2015, the

### prose Respondent may file a writtenAnswerto the Complaint. This Answer should specificallyrespondto each allegation inthe Complaint, and specifically identify each affirmative defense (ifany) the Respondent intends to assert at the hearing. 3. The Respondent shall attach a Certificate ofService, as described by 14 C.F.R. § 13.2ll(c), to any documents it files withthis Comi. The Certificate ofService shall affirm thatthe Respondenthas also serveda copy ofthe documents uponthe FAA attorney, as well as an original and one copy uponthe FAA Hearing Docket, pursuantto 14 C.F.R. §§ 13.209(b) and 13.210. A copy ofa Certificate ofService is attached to this Order, and shows all the addressees and their addresses. 4. To ensure prompt delivery ofdocumentsto this Court, the Respondent should also fax, on or before July 3, 2015, a courtesy copy ofits filed documents to Judge Sullivan (fax no. 2021- 366-7536) 5. Ifthe Respondent fails, on or before July 3,2015, to file a written Response to the FAA's June 17, 2015 Motion, andfails to file a writtenAnswerto the Complaint, the Respondent may be deemed to be in default. 6. Pursuant to 14 C.F.R. 

### § 13.209(f) and Fed. R. Civ. P. 55, ifthe Respondent is deemed to be in default, the allegations in the Complaint may be deemed admitted, and the FAA's June 17, 2015 Motion may be granted, in all or in part, without further notice to the parties, and · without fmiher conference orhearing. 7. The FAA's June 17,2015 Motion is reserved until afterJuly 3, 2015. Page 3 of 38. Ifeitherthe FAA or the Respondenthas questions regarding the procedures contained in this Order, they may contactMr. Cody Smith, Attorney-Advisor atthe Office ofHearings (202- 366-6941).

Attachment: Service List

Page 4 of 4SERVICE LIST- BY 

### lJ.S. MAIL

Federal Aviation Administration 800 Independence Avenue, S.W. Washington, DC 20591 ORIGINAL & ONE COPY

Attention: Hearing Docket Clerk, AGC-430 Wilbur WrightBuilding-Suite2W1000 1

Mr. Robert Spitzer 

### Complainant's Counsel Northwest Mountain Region, ANM-7 Federal Aviation Administration 1601 Lind Ave., S.W. Renton, WA 98057 TEL: 425-227-1417 FAX: 425-227-1007 Select Aviation Services, Inc., 

### Respondent ONE COPY

c/o Mr. Fred Hodgdon 1004 Eastside Highway P.O. Box 430 Corvallis, MT 59828 TEL: 406-961-4100 FAX: 406-961-4101 Judge J.E. Suliivan 

### U.S. Adm.inistrative LawJudge Office ofHearings, M-20 U.S. Department ofTransportation 1200New Jersey Avenue, S.E. (Ell-310) Washington, DC 20590 TEL: 202-366-6941 FAX: 202-366-7536

----- ..··--- DocketNo. FAA-2014-1119 (Civil Penalty Action)

1 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 2WJOOO, Washington, DC 20591; Attention: Hearing Docket Clerk, AGC-430.