### SERVED: JUNE 1, 

### 2012

U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS

WASHINGTON, DC
IN THE MATTER OF 

### BADGER HELICOPTERS, INC.

.FAA DOCKETNo. [TO BEASSIGNED] (Civil PenaltyAction) DMS No.**FAA~2012~0201**
ORDERDENYING MOTION AND ACCEPTING ANSWER 

## 03

The basis for the Motion to Deem Allegations Admitted and to**Enter~an** Order Assessing Civil Penalty ("Motion") ofMay 9, 2012 filed by Complainant Federal Aviation Administration ("Complainant") 1was the asserted failure ofRespondent Badger Helicopters, Inc. ("Respondent") to file a timely Answerto Complainant's Complaint. Respondent, which is represented byits President, responded byletter to the Motion on May 31, 2012. Respondent onthat date also submitted a purported Answer. Respondent's letter states that itmisunderstood the requirement to file an answer following issuance oftht? Complaint. I find that Respondent has adequately**exp~ained** its failure to file its Answer in a timely manner. Respondent's purported Answer, I also find, substantively addresses the Complaint's allegations.

1The full title ofwhich is "Motionto Deemthe Allegations in the Complaint Admitted, to Enter an Order Assessing Civil Penalty for $4,400 or, Alternatively, Limitthe Hearing to the Issue ofSanction, andto Stay the Discovery Deadline Pending Resolution ofthe Issue Raised in this Motion."2 It is found and concluded that Respondent has submitted a proper Answer to Complainant's Complaint. In view of the foregoing, it is ordered as follows: 1- Respondent's submission is hereby ACCEPTED for filing as its Answer; and 2- Complainant's Motion to Deem Allegations Admitted and to Enter an Order Assessing Civil Penalty is hereby DENIED. 2 The matter will proceed.**:-?-~-** QO**~** t c .. ( r**.~** . ' . .- _'**~** ax Richard C. Goodwin U.S. Administrative Law Judge Attachment - Service List .._, 2 I have given due consideration to the Ninth Circuit's viewofits obligations in the circumstances described: "This court recognizes that it has a duty to ensure that pro se litigants do not lose their right to a hearing on the merits of their claim due to ignorance of technical procedural requirements." Balistrieri v. Pacific Police Dept., 901 F.2d 696, 699 (9th Cir. 1990).

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### 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-Suite2W1000 1

Michael Jacob, President BadgerHelicopters, Inc., 

### Respondent 24564 Hwy 16/385 Custer, SD 57730 

### ONE COPY

Agnes M. Rodriguez, 

### Complainant's Counsel Senior Attorney, Office ofthe ChiefCounsel Enforcement Division, AGC-300 Federal Aviation Administration 800 Independence Avenue, S.W. Washington, DC 20591 TEL: 202-267-7268 FPC(: 202-267-5106 The Honorable Richard C. Goodwin,

### AdministrativeLawJudge Office ofHearings, M-20 U.S. Department ofTransportation 1200 NewJersey Avenue, S..E, Room E11-310 Washington, DC 20590 TEL: Attorney-Advisor: 202-366-2139

.StaffAssistant 202-366-5121 FPC(: 202-366-7536 FDMS No. FAA-2012-0201 (Civil Penalty Action)

1 Service was by U.S. Mail. For service in person orby expedited courier, use the following address: Federal Aviation Administration, 600 Independence Avenue, S.W., WilburWright Building-Suite 2W1000, Washington, DC 20591; Attention: Hearing Docket Clerk, AGC-430.