SERVED: JUNE 1, 2012 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, DC 

IN THE MATTER OF 

BADGER HELICOPTERS, INC . 

. FAA DOCKET No. [TO BE ASSIGNED] 

(Civil Penalty Action) 

DMS No. FAA~2012~0201 

ORDER DENYING MOTION 

AND ACCEPTING ANSWER 

03 

The basis for the Motion to Deem Allegations Admitted and to Enter~an Order 

Assessing Civil Penalty ("Motion") of May 9, 2012 filed by Complainant Federal 

Aviation Administration ("Complainant")1 was the asserted failure of Respondent Badger 

Helicopters, Inc. ("Respondent") to file a timely Answer to Complainant's Complaint. 

Respondent, which is represented by its President, responded by letter to the 

Motion on May 31, 2012. Respondent on that date also submitted a purported Answer. 

Respondent's letter states that it misunderstood the requirement to file an answer 

following issuance of tht? 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. 

1 

The full title of which is "Motion to Deem the Allegations in the Complaint Admitted, to Enter an Order 

Assessing Civil Penalty for $4,400 or, Alternatively, Limit the Hearing to the Issue of Sanction, and to Stay 

the Discovery Deadline Pending Resolution of the 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. 

t :-?-~- c .. ( r .~ QO . ' . .-~ _' ~ 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). 

"> 
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 2W10001 

Michael Jacob, President 

Badger Helicopters, Inc., Respondent 

24564 Hwy 16/385 

Custer, SD 57730 

ONE COPY 

Agnes M. Rodriguez, Complainant's Counsel 

Senior Attorney, Office of the Chief Counsel 

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, Administrative Law Judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

1200 New Jersey Avenue, S..E, Room E11-310 

Washington, DC 20590 

TEL: Attorney-Advisor: 202-366-2139 

. Staff Assistant 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 or by expedited courier, use the following address: Federal 

Aviation Administration, 600 Independence Avenue, S.W., Wilbur Wright Building-Suite 2W1000, Washington, 

DC 20591; Attention: Hearing Docket Clerk, AGC-430.