U.S. DEPARTMENT OF TRANSPORTATION^'^•[..^^^^^^^ 

OFFICI: OF HEARINGS • •.--•KCJ C'PERATlONS 

WASHINGTON, DC " ' ^ ''' 

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ZOI! JJ L 18 A iQ: 12 

In the Matierot: * 

* FAA Docket No. Nol Assigned 

FROSTAD ATELIER, INC. * FDMS NO. FAA-2011-0294 

• AU-GOODWIN 

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TO: Honorable Richard C. Goodwin and Respondent, through counsel 

MOTION TO DEEM ALLEGATIONS ADMITTED The Federal Aviation Administration (FAA) hereby moves for an order deeming 

allegations admitted pursuant to Rule 13.209(0 of the Rules of Practice in FAA Civil Penalty 

Actions (14 C. F. R. 13.209(0). This motion is made on the grounds thai Respondent has failed 

to file an answer to the complaint. 

In a letter dated April 15, 201 L the Respondent, through its attorney of record. David W. 

Williams. Hied its written request for a hearing following the Complainant's issuance, on April 

12, 201 I, ofa final notice of proposed civil penally. On April 26, 2011, the Complainant issued 

the Complaint in this matter. The Complaint was served by certified mail to Respondent and to 

counsel for Respondent." "TheCompIainl served to counselwas-mailed^to-hisaddress of record.-

Jn the.cover lettej^tojhe complainf. the Complainant specifically advised the Respondent and 

counsel that, in accordance with Rule 13.209, a written answer to the complaint must be filed no 

later than 30 days after ser\'icc of the complaint. 

On April 28, 2011, Respondent received the Complaint served by certified mail. On 

May 20. 2011, the Complaint mailed by certified mail to Respondent's counsel was returned 

unclaimed. On May 23. 20J1, the undersigned sent Respondent's counsel a copy of the 

Conriniied ilirough the (racking system on the United Slates Postal Scivice website. 
Complaint by facsimile.^ 

On May 24. 2011. your Honor .served on the panics a Procedural Order. The Procedural 

Order addressed the Rule 13.209(a) requirement to file an answer, quoted Rule 13.209(e)-

Specific denial of allegations required, and stated under Rule 13.209(0 that a failure to file an 

answer without good cause is deemed an admission of each allegation in the complaint. 

As of today, the undersigned has not received an Answer to the Complaint. Nor has 

"Respondentor-GOunsel-offered-anvjcxplanation.rcgardingthe.cause.(good.or.otherwise) for . . 

failure lo file an Answer. 

Accordingly, ihc Complainant respectfully requests that your Honor deem the allegations 

admitted on the grounds that the Respondent has failed to file an answer to the complaint. In the 

event this motion is granted. Complainant submits that the parties could adequately brief the 

issue of sanction by written argument and that a hearing would, therefore, be unnecessary. 

Respectfully submitted, 

Federal Aviation Administration 

Western-Pacific Region 

Lawndale, California 

NAOMI TSUDA 

_^egionaICounsel 

By: ^J A f:^^A4f. 

Lisa J. Tuscano 

Attorney 

Dated: July 1,2011 

2 Receipt confirmed on the facsimile machine, 310-725-6816, used by Complainant. 

1 
FAA DOCKET NO. Not Assigned 

FDMS No. FAA-201 1-0294 

CERTIFICATE OF SERVICE 

I hereby certify that on this date I have placed in the United States mail, postage prepaid, the 

executed original and one copy of the MOTION TO DEEM ALLEGATIONS ADMITTED 

addressed as follows: 

Hearing Docket 

Federal Aviation Administration 

Wilbur Wright Building, Suite 2W1000 

Attn: Hearing Docket Clerk, AGC-430 

800 Independence Avenue, S.W. 

Washinuton..DC-2059U_ . _ - _ 

and a true copy to: 

The Honorable Richard C. Goodwin 

Administrative Law Judge 

U.S. Department of Transportation 

Office of Hearings, M-20 

East Building Ground Floor 

Room E12-320 ^_ 

1200 New Jersey Avenue, S.E. { / ^ 

Washington. D.C. 20590 

Also by facsimile: (202) 366-7536 

David W. Williams, Esq. 

16372 Underbill Lane 

Huntington Beach, CA 92647 

Also by facsimile: (714) 836-8292 

President 

Frostad Atelier. Inc. 

'522TLTic7Avuuic; Biap243' 

Bay "C" 

McCIellan.CA 95652 

Dated: Julv 1.2011 

Jefferey Kamberg 

Legal Technician 

Office of the Regional Counsel 

Federal Aviation Administration 

Lawndale. California