In The Matter Of: 

SERVED: June 4, 2015 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF I-IEARJNGS 

WASHINGTON, DC 

Docket No. FAA-2014-0812 

Northeastern Aviation Corp., 

) 

) 

) 

) 

) 

Case No. 2012EA110028 

Respondent 

ORDER GRANTING THE FAA'S ALTERNATE MOTION 

On October 6, 2014, the Respondent, Northeastern Aviation Corp., served the FAA with 

a Request for Hearing pursuant to 14 C.F.R. § 13.16 ("Request"). 

On October 30, 2014, the FAA filed with the Office ofHearings ("OH") a Complaint 

(dated October 24, 2014) as well as the Respondent's Request. 

Between January 1, 2015 and May 15, 2015 various motions and Orders were filed, 

which are part of the record, and not material to the motion addressed in this Order. 

On May 15, 2015, the FAA filed the Agency's Motion for Clarification as to the Legal 

Effect of Some ofthe Respones [sic] in Respondent's Answer to the Complaint ("Motion"). 

As oftoday's date, June 4, 2015, the Respondent has not filed any response to the FAA's 

Motion. 

A. FAA's Motion 

In its Motion, the FAA requests that the Respondent "clarify whether or not it is 

admitting (without qualification)" to paragraphs 2, 3, 4, 6, 7, 8, 9, 10 and 12 ofthe FAA's 

Complaint. (Motion, 2.) In the alternative, the FAA requests that paragraphs 2, 3, 4, 6, 7, 8, 9, 10 

and 12 ofthe FAA's Complaint be deemed admitted. (ld. at 1.) 

B. Service on Respondent and Deadline for Answer 

Pursuant to 14 C.F.R. § 13.218(d), the Respondent's answer (if any) to a motion must be 

filed "not later than 10 days after service" ofthe written motion on that party. In this case, the 
. 

. 

FAA attached a Certificate of Service to its Motion, asserting that it was served on the 

Respondent on May 15,2015 by both first class mail and by facsimile. (Motion, 4.) Pursuant to 

14 C.F.R. § 13.211(c), service is established by "personal delivery or by mail." In the instant 

case, the Respondent's answer (if any) was due no later than June 1, 2015. 14 C.F.R. § 13.211 (d 

and (e); 14 C.F.R. § 13.212. As noted above, the Respondent did not file any response to the 

Motion. 

C. Brief Discussion 

Both 14 C.F.R.§ 13.209(e) and Federal Rule 8(b)(1)(B) require a patiy to admit, deny, or 

state that the party is without sufficient knowledge or information to admit or deny. 14 C.F.R.§ 

13 .209( d) also requires that a party "specifically state" in the answer any affirmative defenses or 

requests for relief. The purpose of requiring such responsive pleading is to "provide reasonable 

notice to the adversary (and the comi) of the allegations that the defending party proposes to 

place in issue." Steven Baicker-McKee, et.al, Federal Civil Rules Handbook, 352 (West 

Publishing 2012). 

In this case, the Respondent responded to paragraphs 2, 3, 4, 6, 7, 8, 9, 10 and 12 ofthe 

FAA's Complaint by stating: "Upon information and belief admitted." (Answer, 1-2, ~II.) This 

is not a denial upon lack of knowledge and information. Instead, it appears to be a qualified 

admission, based on what the Respondent knows. Neither the FAA's rules of practice nor the 

Federal Rules of Civil Procedure ("FRCP") allow for this type of conditional response. 

1 

While a party may certainly deny a pleading by claiming lack of knowledge and lack of 

information, such a denial must be made in good faith, and should occur only if the party does 

not truly know the answer, and may need to investigate the allegation. 

A party pleading lack of knowledge and information is also bound by the obligation of 

honesty in pleading; an allegation that is obviously within the responding party's 

knowledge or information cannot be avoided, and averring lack of knowledge or 

information in such circumstances may have the unintended effect of admitting the 

allegation. 

Baicker-McKee, eta!., supra, at 355. 

1 It should be noted that the parties' representatives may practice before several different tribunals, some of which 

may require following different directives for submitting pleadings and responses. 

Page 2 of 3 
In the instant case, in reviewing paragraphs 2, 3, 4, 6, 7, 8, 9, 10 and 12 ofthe FAA's 

Complaint, it appears that the information alleged in those paragraphs was within the 

Respondent's sphere of available and immediate knowledge when it filed its Answer. In such 

circumstances, "an averment in a pleading that is not properly denied is deemed to be admitted." 

(!d. at 353.) 

D. Conclusion 

Based on the foregoing and after having reviewed the case file, all pleadings and motions, 

all relevant caselaw, statutes, regulations, rules, and authority, and being fully advised; 

IT IS HEREBY ORDERED: 

1. The FAA's Motion for the Respondent to clarify the language in its Answer is deemed 

moot, since the Respondent did not file any response to the Motion. 

2. The FAA's alternate Motion, requesting that the Respondent's conditional admissions to 

the Complaint be deemed full admissions, is granted. 

3. Paragraphs 2, 3, 4, 6, 7, 8, 9, 10 and 12 ofthe FAA's Complaint are deemed to be fully 

admitted by the Respondent. 

Attachment: Service List 

Page 3 of 3 
SERVICE LIST- BY U.S. MAIL 

ORIGINAL & ONE COPY 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Washington, DC 20591 

Attention: Hearing Docket Clerk, AGC--430 

Wilbur Wright Building----Suite 2W1 000 1 

Mr. Zachary M. Berman 

Complainant's Counsel 

ONE COPY 

Office of Regional Counsel, Eastern Region 

Federal Aviation Administration 

1 Aviation Plaza 

Jamaica, NY 11434 

TEL: 718-553-3258 

FAX: 718-995-5699 

Mr. Edward J. Longosz II 

Respondent's Counsel 

Eckert Seamans Cherin & Mellott, LLC 

1717 Pennsylvania Avenue, N.W., Suite 1200 

Washington, DC 20006 

TEL: 202-659-6619 

FAX: 202-659-6699 

Judge J.E. Sullivan 

U.S Administrative Law Judge 

Office of Hearings, M-20 

U.S. Department ofTransportation 

1200 New Jersey Avenue, S.E. (E11-310) 

Washington, DC 20590 

TEL: 202-366-6941 

FAX: 202-366-7536 

Docket No. FAA-2014-0812 

(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.