# R~F RuSKINMOSCOUFALTISCHEKr.c. Counselors atLaw Writer's Direct Dial: (516) 663-6673 Writer's Direct Fax: (516) 663-6873 Writer's**E~Mail:** jcooney@rmfpc.com 

# RECEIVED MAR - 

## 52012 March 2, 2012 

# HEARING DOCKET VIA FACSIMILE (202-366-7536) AND FEDERAL EXPRESS 

### The Honorable J.E. Sullivan, Administrative LawJudge Office ofHearings, M-20 U.S. Department ofTransportation 1200 New Jersey Avenue, S.E. Washington DC 20590 Re: Docket No.: FAA-2011-1116, Case No.: 2010S0700376 

### Dear Judge Sullivan: As you know, this firm represents Ivy Enterprises, Inc. ("Ivy Enterprises"), the Respondent inthe above-referenced matter. Enclosed please find two (2) courtesy copies of Respondent's Answer, along with a Certificate ofService to the referenced parties.

JJC/ci Encl. Thank you for your consideration ofthis matter.

cc: Ivy Enterprises, Inc. Jeanine C. Gotimer, Office oftbe Regional Counsel for the Eastern Region (Via Federal

(Express & 

### Email) Hearing Docket Clerk, Federal Aviation Administration (Via Federal Express) ! #540447vl

East Tower, 15th Floor, 1425 RXR Plaza, Uniondale, NY 11556-1425 516.663.6600 212.688.8300 F 516.663.6601 www.rmfpc.comU.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS WASHINGTON, DC IN THE MATTER OF: IVY ENTERPRISES, INC., Respondent. 

# RECEIVED ----vVl,

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# ~-tEARING DOCKET X

X DocketNo. FAA-2011-1116 Case No. 2010S0700376


### ANSWER

Respondent, by its attorney Ruskin Moscou Faltischek, P.C., as and for an answer to the Complaint herein, alleges as follows: 1. Deny each and every allegation contained inparagraphs 1 and 15 ofthe Complaint, and expressly deny liability on account ofthe actions, events and allegations described. 2. Admittheallegationscontainedinparagraphs2, 10, 11, 12, 13, 14, 16, 17,and 18 ofthe Complaint, except deny thatthe shipment was "knowingly" offered and/or that the employee in question was authorized to ship hazardous materials. 3. Admitthe allegations contained inparagraphs 3, 5, 6, 8, and 9 ofthe Complaint. 4. Lack knowledge or information sufficient to form a beliefas to the truth ofthe allegations contained in paragraphs 4 and 7 ofthe Complaint, which allegations concern entities other thanthis answering respondent, and expressly deny liability on account ofthe actions, events and allegations described. 5. Paragraphs a, b, c, d, e, f, g, h, i, j, k, I, m, n, o, p, q, r, s, t, u, v, w, x, y and z contains statements oflawto which no response is required. 

### AS AND FORA SEPARATE AND COMPLETE DEFENSE 6. The employee in question was not a "hazmat" employee and was acting outside the scope ofhis employment.

### AS AND FORA SEPARATE AND COMPLETE DEFENSE 7. Pursuant to 49 U.S.C. §5123(a), respondent did not have actua11mow1edge ofthe facts giving rise to the violation nor would ithave acquired the necessary lmowledge by exercising reasonable care inthe circumstances. 8. 

### WHEREFORE, respondent respectfully requests ajudgment and order dismissing the Complaintherein in its entirety and awarding respondents such other and further reliefas the Court deemsjust, fair and equitable, including the costs and expenses ofthis action. Dated: Uniondale, New York March 2, 2012

TO: Jeanine C. Gotimer Complainant's Counsel Office ofthe Regional Counsel Federal Aviation Administration 1 Aviation Plaza Jamaica,NewYork 11434

#54045lvl RUSKIN MOSCOU FALTISCHEK, P.C.

2

### AFFIDAVIT OF SERVICE

STATE OF NEW YORK ) ) ss.: COUNTY OF NASSAU ) Connie Irish, being duly sworn, deposes and says: That deponent is not a party to the action, is over 18 years ofage and resides in Nassau County, New York. OnMarch2, 2012, I served a true copy ofthe annexedAnswer via email to Jeanine C. Gotimer at jeanine.gotimer@faa.gov and viafax to The Honorable J. E. Sullivan at (202) 366- 7536 as well as in a sealed Federal Express envelope, into the custody ofFederal Express for overnight delivery, prior to the latest time designated by Federal Express for overnight delivery service, withinthe State ofNewYork, to the last !mown addresses who have appeared as indicated below:
Jeanine C. Gotimer Complainant's Counsel Office ofthe Regional Counsel Federal Aviation Administration 1 Aviation Plaza Jamaica, New York 11434 The Honorable J. E. Sullivan, Administrative LawJudge Office ofHearings, M-20 U.S. Department ofTransportation 1200 New Jersey Avenue, S.E. Washington, D.C. 20590

### I served an original and true copy ofthe above referencedAnswer on: Federal Aviation Administration 600 Independence Avenue, S.W. Washington, D.C. 20591 Attention: Hearing Docket Clerk, AGC-430

Wilbur Wright Building- Suite 2W1000

Connie Irish Sworn to before me this 2nd day ofMarch, 2012

# ~~ otary Pubhc
#540442vl CHERYl FREEDMAN NOTARY PUBLIC, State ofNew YOlk No. 01 FR6126849 Qualified in Nassau County Fll

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### May 18,**2~/**