05/04/2010 07:29 FAX 2024935142 FAA * DMS 21001/013 

O 

U.S. Deportnnent 

of Transportation 

Federal Aviation 

Admlnistratton 

Southwest Region 

Arkansas, Louisiana. 

New Mexico, Oklahoma 

Texas 

Office of Regional Counsel 

2601 Meacham Blvd., Rm. 663 

Fort Worth. TX 76137-0007 

(817)222-5099 

(ai7) 222-5945/5092 FAX 

CERTIFIED MAIL - RETURN RECEIPT REQUESTED 

Federal Aviation Administration 

800 Independence Avenue, SW 

Washington, DC 20591 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building, Room 2W2014 

In the Matter of Maria Taveras 

Docket No.: CP - To Be Assigned 

FAA Case No. 2008SW210198 (lC\bS\/imb' / .:2olO- O'S.Hp 

Dear Sir or Madam: 

Enclosed are the original and one copy of the complaint in the above-referenced proceeding. 

The Complainant requests that the hearing in this matter be held in the Ariington, Texas area, 

and expects that the hearing will last two day. 

Please serve me with all documents in this matter. 

Federal Aviation Administration 

Southwest Region, ASW-7E3, YAB 

Office of the Regional Counsel 

2601 Meacham Blvd., Room 663 

Fort Worth. TX 76137-0007 

Sincerely, 

LYNETTE WORD 

Regional Counsel 

Southwest Region 

By: 

M^r) 

Yolanda Ayala Bernal 

Agency Attorney 

Safety Enforcement Branch 

(817)222-5070 

FAX (817) 222-5945/5092 

Email: yolanda.a-bernai@faa.gov 

Enclosures 

EARm::; OGGKET 
05/04/201 0 07:3 0 FAX 2024935142 FAA •> QMS i002/01 3 

U.S. DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

In the Matter of: 

Maria Taveras 

FAA Case No. 2008SW21-198 

FAA Docket CP No.; To Be Assigned 

Judge Not Assigned 

COMPLAINT 

The Federal Aviation Adnninistratlon (FAA), by counsel, hereby files its 

Complaint, pursuant to Rule 208 of the Rules of Practice (14 C.F,R. 13.208), and 

states as follows: 

On December 8, 2009, Ms. Maria Taveras was advised through a Notice of 

Proposed Civil Penalty that the FAA proposed to assess a civil penalty in the amount 

of $12,000.00. Respondents request for hearing is dated March 31, 2010 sent by 

her attorney, Alexei Schacht. 

II. 

1. On December 11, 2007, Maria Taveras was a passenger aboard 

American Airlines, flight 423 operating from Miami Intemational Airport 

(MIA), to Las Americas Airport, Santo Domingo (SDQ). 

2. During a departure delay a flight attendant in first class received multiple 

requests for water, coffee, and food. 

3. Maria Taveras also had asked for water, and left her seat to follow the 

flight attendant to first class. 

4. Maria Taveras was extremely agitated with the flight attendant and In a 

very condescending tone, informed her that she was an attorney and 

speaks four languages plus being a frequent flyer. 

5. Maria Taveras also announced to the flight attendant that she knows 

important people in government and at American Airlines. 

6. Maria Taveras insulted the flight attendants and threatened their jobs 

when she verbally attacked them by yelling that American Airlines has 

financial problems, poor quality employees, and that Flight Attendant 

Sasson were stupid. 
05/04/2010 07:30 FAX 2024935142 FAA ^ DMS 12003/013 

7. The head flight attendant immediately gave Maria Taveras a cup of water 

so she could take a pill, and asked her to drink the water in the galley 

since the cabin crew had been Informed that the flight would be taking off 

soon. 

8. During deplaning the flight attendant at the door was thanking 

passengers for flying American Airlines and apologizing for the delay. 

9. Maria Taveras approached the flight attendant and directed another 

verbal attack at her, this time yelling at her about American Airlines 

financial problems, poor quality employees, and her stupidity. 

10. Maria Taveras then blocked the Isle for the other deplaning passengers. 

11. The flight attendant asked Maria Taveras to calm down and suddenly 

Maria Taveras lunged at the flight attendant, hitting and scratching her 

with her (Maria Taveras") fingernails to the her (flight attendant's) face 

and left eye. 

12. Maria Taveras then proceeded to push the flight attendant backwards, 

twisting and hyper extending her neck and knocking her to the floor of 

the aircraft. 

13. Two female passengers helped the flight attendant to her feet. 

14. American Airiines Passenger Service Lead Agent along v^rith the 

company Complaint Resolution Officer was summoned to meet the 

responding local police on the Jetway where Maria Taveras was 

questioned. 

15. Maria Taveras was detained until the following day when a legal hearing 

could take place regarding this incident. 

16. Maria Taveras physically attacked a flight attendant onboard the flight 

described in paragraph 1 during the deplaning process when Maria 

Taveras pushed the flight attendant backwards, twisting and hyper 

extending her neck, and knocking her to the floor of the aircraft. 
05/04/201 0 07:3 0 FAX 202493514 2 FAA * DMS 0004/013 

111. 

By reason of the foregoing, Ms Maria Taveras violated Section 121.580 of the 

Federal Aviation Regulations in that she assaulted, threatened, intimidated or 

interfered with a crew member in the performance of the crew member's duties 

aboard an aircraft being operated under Part 121 of the Federal Aviation 

Regulations. 

Additionally, by reason of the foregoing, Ms. Maria Taveras also violated §46318 of 

Title 49 of the United States Code which states that an individual who physically 

assaults or threatens to physically assault a member of the flight crew or cabin crew 

of a civil aircraft or any other individual on the aircraft, or takes any action that poses 

an immediate threat to the safety of the aircraft or other individuals on the aircraft is 

liable to the United States Government for a civil penalty of not more than 

$25,000,00. 

IV. 

1. Under 49 U.S.C. §46301, Respondent Maria Taveras is subject to a 

civil penalty for each of the violations alleged. The maximum penalty per violation is 

$11,000.00. 

2. Under 49 U.S.C. §46318, Respondent Maria Taveras is subject to a 

civil penalty. The maximum penalty in violation is $25,000.00. 

3- Under the facts and circumstances of this case, a civil penalty of 

$12,000.00 is appropriate. 

Complainant respectfully requests that the administrative law judge enter an 

order that Respondent Maria Taveras be assessed a civil penalty in the amount of 

$12,000.00. 

Submitted this 7*^ day of April 7, 2010. 

LYNETTE WORD 

Regional Counsel 

Southwest Region 

By: 

Yolanda Ayala Bernal, Attorney 

Safety Enforcement Branch 

(817)222-5070 

FAX (817) 222-5092 

e-mail: Yolanda.A.Bernal0.faa.QOv 
05/04/201 0 07:3 0 FAX 2024935142 FAA + DMS @|005/013 

CERTIFICATE OF SERVICE 

I hereby certify that the foregoing Complaint has been mailed this date by 

Regular Mall & Certified Mail, Return Receipt Requested, to: Respondent Maria 

Taveras in-care-of her attorney, Alexeu Schacht, and Certified Mail, Return Receipt 

Requested, to: the Hearing Docket Clerk. 

Federal Aviation Administration 

800 Independence Avenue, SW 

Washington, DC 20591 

Attn: Hearing Docket Clerk. AGC-430 -

Wilbur Wright Building, Room 2W2014 

Ms. Maria Taveras 

c/o Alexei Schacht, Esq. 

350 Fifth Avenue, Suite 4022 

NewYori<, NY 10118 

G.Gay Whittington-HopMf^s 

Management & Program Analyst 

Federal Aviation Administration 

Southwest Region 

Date : Apri l 7, 2010 
05/04/2010 07:30 FAX 2024935142 

04/01/201 0 07:24 21'261&5543 

FAA * DMS 

NALVEN & SCHACHT 

0006/01 3 

PAGE 02/08 

PAUL R. NALWO r 

AUSxBI SCHMQKT 

NALVEN a SCHACH T 

ATTOKNEr D « T UMW 

SB© FIFTH AWEHUK. SUrrV «02 2 

NOW YORK. NewTOB K I0 1 18 

TELCPMOME: (fi. 1 £> e 1 e - SB^ O 

NBV> JSBae r Oinc E 

T O SOUTM OpviMflK AVENUE, SUrTP W 

UviNa.9TeN. new .JEN9ET oToaa 

TKLXFnoHBi (Va t aBB>iciaD 

FACMMOf: <97a> B0a-0«3f 

March 31, 2010 

VIA FEDEX 

Hearing Docket 

Attn; Hearing Docket Clerk. AGC-430 

Federal Aviation Administration 

800 Independence Avenue, S,W. 

WHbur Wright Building. Suite 2W1000 

Washington. D.C. 20591 

Re: case Number 2008SW210196 

Maria Taveras 

Dear Sir or Madam: 

This law firm represents Maria Taveras in the above-referenced case. FoJiowing 

a telephone conversation today with Attorney Yolanda Ayala Bernal of the FAA's Safety 

Enforcement Branch I write to request that the hearing we seek in this matter be 

docketed. In January I asked for such a hearing but was told today tt<at the form I sent 

(enclosed) was to the wrong address. 

" * ' « i.-\'; - •••• 

, .I'l l y; j r ^ 
05/04/2010 07:30 FAX 2024935142 

exl/01/2010 87:24 21261655<13 

FAA + DMS 

NALV/EN & SCHACHT 

1^007/013 

PAGE 03/0B 

NALVE N a SCHACHT 

So following Ms. Bernafs advice I am sending the letter to you along with this 

letter, which should together be treated as a formal request for a hearing. I also enclose 

your Final Notice of Proposed Civil Penalty, dated March 11, 2010. 

Thank you for your attention to this request. Please direct all correspondence In 

the matter to me. 

Very truly yours, 

cc: VIA FAX: 817-222-S9A5 

Yolanda Ayala Bernal 

Attorney 

Safety Enforcement Branch 

Office of regional Counsel 

2601 Meacham Blvd. 

Fort Worth, TX 76193-0007 

Alexei Schacht 

VIA U.S. MAIL 

Maria Taveras 
05/04/2010 07:30 FAX 2024935142 PAA 

•" °^S 0008/013 

01/ei/2010 R7:2. 212G165543 NALVEN & SCHACHT 

PAGE 04/0B 

o 

r*iwMirtrm.niiiiihiiiii FMW««t7:(iBiB«oar 

TttBS (817)222«0HB 

(B1T)2924MOBDBZFAX 

Htureb 11 . 30.10 

Cajaa Ristber: 200BSHai0l98 

il«r vail <i 

H B. Haxia Tav«ras 

e / o ale«« i Scbaeht. Eo«. 

350 Flfi:h Awotae. fMlt« 4022 

Hew york, J»«* York lO.HB 

wxEOa, nossat or waBnfflm crv n 

O Q beaeato ^ 8. 2009. you were advised tbraugh a. Notice of Pr(9po0ed Civj.1 

Peaalry cliaL tlie FAA. pEOposed to asaeas a. civil penalty iA che anount of 

$12,000.00. To i3a,ce. «e hacve raeoived no response from you. o r your 

actocnery-, regardiiia considecrakion in resolving this natterBy rcnooa of tba fonagoing facCB and circumataaeeB, you violated tbtt 

followiag Fwdocal jWiatien Regulatioas (FKBS): 

On Ceeeniber 11, 2007, you laere « p^seaiigeT aboaxd Aaerican 

Idrllnafi. flight 423 opeFatiDfl tram Miami Xntexsational Airport 

(UIA.) / CO La£ Americas Aixport, Santo Domingo (SDQI. 

During a dcparfcurfl delay a flight atcsidaac in first elaa s 

received pmiltipln traquasts for water/ coffee, aad food. 

You also bad asked for water, and left your Beat to follow tlie 

eilghc attendatit to firnt elase. 

Tou were axCreOBly agitated dtith the Eli^ t atCendaiic aad in a 

very cgaidcacoadiAg roae,. infozwed Iter tbat you are an attorney 

and ,<ipeak four laaguogea plus being a frequent flyer. 

You also announced to tbe flight attendant tbaC you know 

important people in guveinmctt and at American Aiz-ljjiee. 

YOU insulted the flight artandante ana threatened their idb e 

when you verbally attacKed then by yelling that American 

jiirlines has financial probXma, poor quality eaqEtloyees. and 

that Flight Attendant Sasson vas stupid. 

The head flight attendant innedLately gave you a cup of iiater 

so you could taJce a pill, and asked you to driAk the watiir in 

Che galley since the cabin cre» bad be«n informed that the 

flig^ht would be talcing off soon. 
05/04/2010 07:30 FAX 2024935142 

04/0i/2B]a 87:24 2126165543 

FAA 

+ DMS 

NALVEN a SCHACHT 

21009/013 

PAGE R5/0B 

10, 

Durln? deplaning -the flight attendant ac the doer was thanking 

pABBcsgere for flying American Airlines and apologizing for the 

delay. 

Ycu approAdaed the f li^t attendant and directed another verbal 

attack at her, this time yelling at her about 2»erlcan Airliner 

£jjaancia.l problano. poor quality employees, and her otupidity. 

You then blocked the lale for the other deplaning passengers. 

11. a<ltie -flight attendant asked you to calm doi<n and suddenly you 

lunged at her, hitting her and sccaitchlng her with your 

C Lngezxiails to her facse and left eye. 

12. You Chen proceeded to .push the. flight atiteajSaTit beclwards-. 

c^*lscin9 and hyper extending her neck a^d knocking her to Vim 

floor of the adrcrait. 

I 

13. Two female paaBeagers helped the fli^ t attendant to her feet. 

14. 

15, 

American Airltnee Pasaeuger Service I>(M» : As«ot along with the 

cQi^any Canplaint BeeDlutio:n Officer we] « ounnnned to neat the 

responding local police on the Jetway where you were 

<imedtlaQed> 

You were decalnod until the following 

could take place z-eg-ardiag this lacideo 

df y vhea a le^I beaxing 

16, you Interfered with a flii|ht attendant ^l e she was conducting 

Her normal flight duties. 

n . You physically attacked a flight 

described in paragraph 1 during the 

lauohed her backwards, twiotlng and 

and koocJEing ber to the fleer of the 

attend [int onboard the flight 

deplaning process when you 

hyper extending her nei=k, 

aircraft. 

By reason of the foregoing, you violated Section, 121.580 Of Che Federal 

Aviaciob fiegulations ia that you aeaaulted, tbrea :ened. inCimidaCed or 

interfered with a crei# member in the perforaance tf the crew fflatAMar's 

duties dboard an air«:raf t baiag operated under Pa^-t 121 of- khe Fadcjral 

Aviation Risgulaclonfi. 

Additionally, "Oy reason of the foregoing, you alob violated 84^318 of 

Title 49 of the Onited Statea Code lAlch states tiat an individual who 

physically aBsaults or threatens to physically as 

flight crew or rabi.B crew of a civil aircraft or 

the aircraft, or takes any action that poaco an ilmediate threat to the 

safety of the aircraft or other individuals on. tlje aircraft ia liable to 

the Onited StaEes Oovemmant: for a civil penalty 

$2S,000.00. 

mult a meaiber of the 

any other individual on 

bf not more than 

Under 49 OiS.C. 54S301 you are liable for a civilj 

511,000.00 for each of the P<oderal Aviation 

reoiiion of the foregoing facts and clrcumatances 

civil penalty 1» Che ajnouat of S12,D00.00-

penalty sot to eaaceed 

violatiano. By 

|we propose to assess a 

Regujjatien 
^'| .0 I hftjt 2024935142 

^'1/01/2010 97:24 21261655^3 

FAA 

* DMS 

NALVEN a SCHACHT 

0010/013 

PA(5E B£/0B 

Ttnless you mail or pcsreonally deliver, in writing, your requecit for a 

hearing in thla flatter on or.before 15-dayjs ajCter you receive this Pinal 

iioelce, we vill laauA an Order Assessing Civil penalty and you will have 

no further right to a hearing. If you do not suhmit e written regueat for 

» hearing, ytvu must pay the proposed civil penalty. 

Your request tojc a bearing nuflt be sent to: 

Hearing Docket 

ATTV: Hearing Docket Clerk, ACC-430 

Federal Aviatioit Adminiatrati.on 

80O Independence Avenue S.tf. 

Wilbur Wright Building, .Suite 2W1O0O 

Wtaabington, DC 20591 

Should you elecc to request, a Boaring, a copy of yrrux- request nuaz be «ent 

to Che underalgned FAA attorney. Your request must be dated and signed. 

In accordance with eectlon 13.16 of the Federal Aviatioa Regulations, sent 

to you with the Notice of Proposed Civil Penalty (14 C.r.ft. 13.1fi) 

VmBPTE MOK) 

Kegienal Counsel 

Southwest Region 

BY: 

Yolanda. Ay&la Benmal 

Attorney 

Safety Bnforconent Broneh 

(8171222-5070 

PAX (ai7>222-3945 or S0S2 

E-ma.1.1: yolanda.a.benaiaCaa,gov 

YB/gw 
05/04/2010 07:31 FAX 2024935142 FAA * DMS 0011/013 

ga/ai/2010 87:24 212Glfi55<13 NALVEN & 9CHACHT PAGE 07/08 

REPLY FORM FOR 

NOTICE OF PROPOSED CIVIL PENALTY 

^ ^ ATTORNEY 

Office of tbe Regional Counad 

FedoBl Aviation Adminiytntion 

Soothwest Region 

2601 Mcachom Boulevard 

FonWortMX 76137 /^^^^t^i ^ (U^ ^ 

Snbjea: Nodcc of PropoaoJCivil Peiwlty. Ca»«No.552^^i:S«/^^/ ^ 

In reply to your Notice of Proposed Civil Penalty, I dect to ptoceed «indicated by my check 

inBric(9} beside the numbeted paiagnph(9) below: 

La. [J I submit ihcamoantofthcpioposed civil penalty with die undcisUndingtfcM an 

Order AMoauig Civil Penalty will be issued in duit unoont without fiinher ooilee. I Blm 

undostand that I am waiving my right to a hearing. 

[ ] Check or moiByDidcretickned 

[ ) Cbaiaeio VISA credit eird(CMdh0ider Kane) 

I 1 ChugeDMuiaCtfdenrittcffiKCMdhaldaNuie 

CanlNo. _ Expintion date 

Lb. \ \ 1 have paid the amount proposed in settlement offlOsmaner with a credit card over 

the bitemet at the IblTowing website; 

httns:/Airww.BBVJmv 

2. [ 1 I submit evideooe and infoimation.denionstatine that • violation of the regulations 

did DDT occur or that the amount of the penahy is not wuianted by th« drcumstanoa. 

3. [ ] 1 submit information and reeonla showing that I am ftnandaUy unable w pay the 

proposed civil penalty, or that payment of the poialty would prevent me from ccmtinumg in 

busdness. 

4. [3 1 «l«« i thM a evvil penalty be asseased in the amount of S and ^.''*!"* 

the rwsMW for ledudtig the proposed amoimt. My request eonatinnes my a^wnent that »f AM 

offer is accepted by the FAA, an Order Assessing Civil Penally in Oie amount I ;h»ve specified 

may be isroed widiout fiirther notice. My napeat also eouatltutes my agreement that J have 

waived my riglit to a hearing if my offer is accepted. If the FAA does not accept this otttr, 

however, my rig^t to a hearing is not affected. 

5.a, [ 1 I request a telephonic infijimd confttence to discuss this matter with an FAA 

attorney. An attorney will call you ai the telephone number you provide here: 
05/04/201 0 07:3 1 FAX 2024935142 

04/01/2816 07:24 212Bie5543 

FAA •*• DMS 

NALVEN & SCHACHT 

@1012/013 

PAGE B8/ei8 

( ). 

You will be provided at least 2 weeks advance notice of the dale and 

time of this conference, NOTE: If you choose to discuss this matter infonnally by telephone, you 

should provide any documents or other infonnaiion you wish to have considered on your behalf 

before the date of the inforrrtal conference. 

5.b. ( ] 1 request an in-person informal conference with an FAA attorney to discuss this 

matter at fchoose an FAA offigg ftnm fhe attached list>. If 

you choose this optioo and request an informal conference at an FAA facility, you must 

complete the attached form entitled "Request for Visit to Department of Tranisportation, 

Federal Aviation Administration Facility" and attach It to the reply form. 

6. [ ] I request that the FAA impose a civil penalty without making findi ngs of 

violations, and submit my reasons in support of this request My request constirutes my agreement 

that if this of&r is accepted, a Compromise Order will be issued in the amount set forth in the 

Notice of Proposed Civil Penalty. My request also corutitules my agreement that if this offer is 

accepted, I have waived my right to a hearing. 

My Social Stjcurity Number or Tax [dentificBLion Number is . 

7. [^ 1 r«questahearinginaccordancewilhSubpartGofPartl3of the Federal Aviation 

Regulations with the understanding that a Complaint will be ftled. I request that the hearing be 

held in New York . I am sending this request both to the FAA aUomey 

Yoland a Berna l J, and to the Hearing Docket, If delivery is in person, or via 

expedited courier service: Federal Aviation Administration, 600 Independence Avenue, SW., 

Wilbur Wright Bldg—Suite 2W1000, Washington, DC, 20591. Attention: Hearing Docket Clerk, 

AGC-430. If delivery is vja U.S. Mail; Federal Aviation Administrarion, 800 Independence Ave., 

SW. Washington, DC 20591, Attention; Hearing Docket Clerk, AGC-430, Wilbur Wright Bldg— 

Suite 2W1000, 

Signature: 

Name; 

Address: 

Telephone; 

Date: 

Case No.: 

Name: 

Address: 

Telephone: 

7 

Maria Taveras 

2929 Briggs fvvenue, 6 D 

Bz-onx, NY 10458 

646-302-0683 

1/4/10 

200eSW2-|0198 

1 request that future documents in this case be sent to my representative: 

Alexe i Schacht:, Esq . 

3S0 Fifth Avenue, Suite 4022 

New toxV., New York ions'! 

212-616-S540 ^__ _ 
05/04/2010 07:31 FAX 2024935142 FAA . OMS ^013/01 3 

64/91/2010 07:21 2126165543 NALVEN & SCHACHT PAGE 01/06 

NALVEN & SCHACHT 

Attorneys at Law 

350 Fifth Avenue 

Suite 4022 

New York, New York 10.118 

Tel: (212) 616-5540 

Fax: (212) 616-5543 

nalvenand_schachttg)vahoo.com 

FAX COVER SHEET 

To: Yolanda Ayala BemaL attorney 

Safety Enforcement Brandi 

Fax: (817) 222-5945 

Prom; Nalven & Schacht 

Re: Case No. 2008SW210198 

Date: April 1, 2010 

Pages; 8, including the cover page 

Tlw rn/nnimtion eonwincd in this lacsiimik i.« intcnilod only for tin: ode of lh« individml «r mtiiy m whom it j j addrejjed. If (he rea<)cr ofihu mtasnp if 

no\ \h« Imcnaca reciplen you tire hereby noiine<l Ihn' ^tiy diJMiniiwtion, dUlribytion. or cupying of ihu eomniiirlthUon it /ttricily prohibiteJ If you 

received Ihm communicoilon In error, pleuir noliiy us immetllalL-ly liy telephone DIIJ rclurn the originol rpesaaige to lui vi« ilrtiiisliiw mdil, cnsh paid upon 

(Islivery. Kecclpl liy ariyone nrlwr ihai* ilic Irrendcd recipient i.^ nni u wmVcr Ol'ibc anomcy-^Fiaii or work-prwiici pri»ilef<5.