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UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

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In the Matter of JNL IMARBLE & * FAA Docket No.: CP10W"0007 

GRANITE, INC. * 

• 

Respondent. * FAA Region: Western-PaKjific 

Judge: Honorable Richard C. Goodwin 

* DMS No. FAA-2010-0541 

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MOTION TO DEEM ALLEGATIONS ADMITTED AND TO ISSUE 

ORDER ASSESSING CIVIL PENALTY 

To: The Honorable Richard C. Goodwin and to Respondent h«ein: 

COMES NOW, the Regional Counsel of the Western-Pacific Region of the 

Federal Aviation Administration (FAA)^ by and through his counsel, and files this Motion 

to Deem Allegations Admitted and to Issue Order Assessing Civil Penalty, or in the 

alternative, to deem allegations admitted and to limit the hearing to the amount of the 

sanction pursuant to Section 13.218(a) and 13-209(f) of the Rules of Practicjc. This 

motion is based on the fact thai no answer has been filed by Respondent 

Section 13.209(f) of the Rules of Practice [14 C.F.R. Section 13.:..)9(t)J 

states, "A person's failure to file an answer ^^•ithout good cause shall be deemed nn 

admission to the truth of each allegation contained in the complaint." The comp' aint in 

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this case was served on June 3, 2010. (See attached declaration of Jeff Kamberj i. The 

Complaint was served by certified mail, return receipt requested, and the return : isceipt 

indicates that Respondent signed for the Complaint on June 1, 2010. (A true co)ty of tihe 

return receipt is attached hereto as Exhibit A and incorporated herein by this reffence.) 

Pursutant to Rule 13.211 (14 C.F.R. § 13.211), the date of service is the date on trie proof 

of service, and after service by mail, an additional 5 day.5 is added to the prescril t;d period 

for a response. Accordingly, an answer was due on or before July 12, 2010. To < late, no 

answer has been received by Complainant from Respondent, nor has he requeste :L an 

extension of time in which to file a response. 

Respondent was advised of the requirement to file an answer on two sepc i-ate 

occasions. Once, in the cover letter which accompanied the complatni, (in pertir ent part, 

the letter sutes: "NOTE TO RESPONDENT: SECTION 13.209 OF THE CP I^ULES 

OF PIG\CTICE REQUIRE THAT A WRITTEN ANSWER TO THE COMPLA KT BE 

FILED NOT LATER THAN 30 DAYS AFTER SERVICE OF TEIE COMPLAE Tl..."] 

(A true copy of the cover letter of the Complaint is attached hereto as Exhibit B ; ind 

incoiporaied herein by this reference.) 

Moreover, in accordance with established office procedure, a copy of the Rules of 

Practice applicable in these cases was enclosed with the Notice of Proposed Civi. Penalty 

served May 14, 2010. (See attached declaration of Jeff Kamberg.) 

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In view of the above. Complainant moves that the allegations in the complaint be 

deemed admitted, and an Order Assessing Civil Penalty be issued in the amount :»f 

$15,000.00. Aliematively, ii is moved that the allegations be deemed admitted and the 

hearing be limited to the issue of the amount of the sancrion. 

Respectfully submitted, 

Naomi Tsuda 

Regional C<)^nsel 

Date^.'July 30, 2010 

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U'S. Postal Service,r3 CERTIFJED MAI U RECEIPT 

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item 4 ff Aastrlcted Delivery Is desired. 

• F^ni your name and address on the rsverse 

so that we con rstum the csind to you. 

• Attach this canf to the back of the mailplece^ 

or on the imrA r{ space peiiiiHs. 

Anlel« Addie«a«d toe 

JNL Marble & Granite 

Attn: JoelHuerta 

6429 SouttLfrontRoad, Unii^C 

Liveimore, CA 94551 

e.(F)aCalved by (Pmt ^ Nmnei 

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If YES, enter dtf»-'Vy addnen beloi*; D No 

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PS forni 3811 , Febniaiy 2004 

7003 D5D0 DOag 1.32 1710 

Oomeeile Return Receipt 

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U.S. D«apartment 

of Transportation 

Federal Aviation 

Administration 

Western-Pacific Region 

Office of the Regional Counsel 

P.O. Box 92007 

Los Angeles. CM 90009-2007 

Telephone: (31',)) 725-7117 

Facsimile: (310 725-6815 

JUN 0 3 2010 

CERTJCFIED MAIL - RETURN RECEIPT REQUESTED 

Federal Aviation Administration 

800 Independence Avenue, SW 

Washington, DC 20591 

Attn: Hearing Docket Clerk, AGC-430 

Vi^lbur Wright Building—Suite 2W1000 

Re; In i±e Matter of JNL Marble and Granite Inc., Attn: Joel Hucrta; Case No. 

2008WP7O0206 

Enclosed is a copy of a request for hearing, post marked May 18. 2010, and the ori r;inal and 

one copy of the Complaint in the above-referenced proceeding. 

I request that the hearing in this matter be held in the Los Angeles, California area^ imd 

expect tliat the hearing will last one (1) day. 

Please address all communications for the Regional Counsel, Western-Pacific Regi jn, to the 

^aidersigued, at Office of the Regional Counsel, AWp.7.6, Federal Aviation 

Administration, Western-Pacific Region, P.O. Box 92007, Los Angeles, CA 9000S-2007, 

Telephone: (310) 72S-7117, FAX: (310) 725-6S16. 

Sincerely, 

NAOMI TSUDA 

Regional Counsi 

By: 

Enclosures; Request for Hearing, Complaint, Certificate of Service 

NOTE TO RESPONDENT; SECTION 13.209 OF THE CP RULES OF PRACTKE 

REQUIFJE THAT A WRITTEN ANSWER TO THE COMPLAINT BE FILED NO'" 

L.^TER THAN 30 DAYS AFTER SERVICE OF THIS COMPLAINT. AS AN 

ALTERNATIVE TO FILING AN ANSWER, A MOTION MAY BE FILED PURSUANT 

TO SECTibN T7:208(D) OR SECTION 13.218 (F) (1-4) OF THE RULES OEi'lCC::TICE. 

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DECLARATION OF JEFF KAMBERG 

1. Jeff Kamberg, declare as follows: 

All matters stated herein are within my o-wn personal knowledge, and if called is a witacgs, I 

could, and would competently testify thereto, except for those matters starcil upon informanon and belief, 

and as to those matters, I believe them to be true: 

\. I am a legal Technician in the Office of the Regional Coiinscl, Feilsral Aviation 

Administration, Western-Pacific Region. 

2. On June 3, 2010, the original Complaint was served on JNL Marble & Granite, ATTN: 

Joel Huerta, 6429 Southfiront Road, Unit D, Livem:ioTC, CA 94551 by certified mail, return 

receipt requested (7003 0500 O003 1132 1703). A true copy of the certified nail receipt is 

attached hereto as Exhibit A. 

3. On June 11, 2010, the Administrator received PS Form 3811 (Domestic B: turn Receipt) 

signed by Mr. Hucna indicating that the Oimplainl was received or June 7, 201 ( A true copy 

of PS Form 3811 is attached hereto as Exhibit A. 

3. It is established office procedure to enclose a copy of the Rules of Practic: appUcabte in 

these cases to the Respondent with the Notice of Proposed Civil Penalty. 

4. On May 14, 2010, the Respondent was served with the Notice of Proposed Civil Penalty. 

I declare under penalty of perjury under the laws of the United States of An <Tica diat the 

foregoing is true and correct. 

Signed this 30* day of July, 2010. 

JEFFKANffiERG 

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CERTTFICATE OF SERVICE 

1 hereby certify that on this date I have faxed and placed in the United S ates mail, 

postage prepaid, the executed original of the MOTION TO DEEM ALLEC'.\TI0N S 

ADMITTED AND TO ISSUE ORDER ASSSSING CIVIL PENALTY, adiressed as 

follows: 

The Honorable Richard C Goodwin 

Administrative Law Judge 

Office of Hearings, M-20 

U.S. Department of Trasnportation 

1200 New Jersey Avenue, S.E. 

East Building Ground Floor, Room El2-320 

Washington DC 20590 

Facsimile; (202)366-7536 

Federal Aviation AdminisTration 

800 Independence Avenuse, S.W. 

Washington DC 20591 

Attention: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building- Smte 2W 000 

Facsimile: (202) 493-5142 

I further certified that on this date I have placed in the United States mai^ postage 

prepaid, certified mail, return receipt requested, a copy of the above addressed to: 

JNL Marble and Granite, Inc., 

ATTN: Joel Huerta 

6429 Southfront Road, Unit C 

LivcrmoreCA 94551 

Dated: JUL 3 0 2010 

Je£fKamb< 

Legal Technician 

Office of the Regional Counsel 

Federal Aviation Administration 

Westeni-Pacific Region 

Hawthorne, California 

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