R~F RuSKINMOSCOUFALTISCHEKr.c. 

Counselors at Law 

Writer's Direct Dial: (516) 663-6673 

Writer's Direct Fax: (516) 663-6873 

Writer's E~Mail: jcooney@rmfpc.com 

RECEIVED 

MAR - 5 2012 

March 2, 2012 HEARING DOCKET 

VIA FACSIMILE (202-366-7536) AND FEDERAL EXPRESS 

The Honorable J.E. Sullivan, Administrative Law Judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

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 in the above-referenced matter. Enclosed please find two (2) courtesy copies of 

Respondent's Answer, along with a Certificate of Service to the referenced parties. 

JJC/ci 

Encl. 

Thank you for your consideration of this 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.com 
U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, DC 

IN THE MATTER OF: 

IVY ENTERPRISES, INC., 

Respondent. 

RECEIVED 

----vVl, wt ~ I. u \2 

~-tEARING DOCKET 

X 

X 

Docket No. 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 in paragraphs 1 and 15 of the 

Complaint, and expressly deny liability on account of the actions, events and allegations 

described. 

2. Admittheallegationscontainedinparagraphs2, 10, 11, 12, 13, 14, 16, 17,and 18 

of the Complaint, except deny that the shipment was "knowingly" offered and/or that the 

employee in question was authorized to ship hazardous materials. 

3. Admit the allegations contained in paragraphs 3, 5, 6, 8, and 9 of the Complaint. 

4. Lack knowledge or information sufficient to form a belief as to the truth of the 

allegations contained in paragraphs 4 and 7 of the Complaint, which allegations concern entities 

other than this answering respondent, and expressly deny liability on account of the 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 of law to 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 of his employment. 
AS AND FOR A SEPARATE AND COMPLETE DEFENSE 

7. Pursuant to 49 U.S.C. §5123(a), respondent did not have actua11mow1edge of the 

facts giving rise to the violation nor would it have acquired the necessary lmowledge by 

exercising reasonable care in the circumstances. 

8. WHEREFORE, respondent respectfully requests a judgment and order 

dismissing the Complaint herein in its entirety and awarding respondents such other and further 

relief as the Court deems just, fair and equitable, including the costs and expenses of this action. 

Dated: Uniondale, New York 

March 2, 2012 

TO: Jeanine C. Gotimer 

Complainant's Counsel 

Office of the Regional Counsel 

Federal Aviation Administration 

1 Aviation Plaza 

Jamaica,NewYork 11434 

#54045lvl 

RUSKIN MOSCOU F AL TISCHEK, 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 of age and resides in 

Nassau County, New York. 

On March 2, 2012, I served a true copy of the annexed Answer via email to Jeanine 

C. Gotimer at jeanine.gotimer@faa.gov and via fax to The Honorable J. E. Sullivan at (202) 366-

7536 as well as in a sealed Federal Express envelope, into the custody of Federal Express for 

overnight delivery, prior to the latest time designated by Federal Express for overnight delivery 

service, within the State of New York, to the last !mown addresses who have appeared as indicated 

below: 

Jeanine C. Gotimer 

Complainant's Counsel 

Office of the Regional Counsel 

Federal Aviation Administration 

1 Aviation Plaza 

Jamaica, New York 11434 

The Honorable J. E. Sullivan, Administrative Law Judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

1200 New Jersey Avenue, S.E. 

Washington, D.C. 20590 
I served an original and true copy of the above referenced Answer 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 of March, 2012 

~~ otary Pubhc 

#540442vl CHERYl FREEDMAN 

NOTARY PUBLIC, State of New YOlk 

No. 01 FR6126849 

Qualified in Nassau County Fll o. 

CU::w; lllioJJ Expires May 18, 2~/