04/19/2012 08:38 FAX 2024935142 FAA + OMS

UNITED STATES DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS

WASHINGTON,

### D.C.

-··· ,,

# ____________ TN THE MATTER 

### OF PATHFINDER

### AVIATION, INC FAA 

### DOCKET NO. [TO BF 

### ASSIGNED] (Civil Penalty Action) FDMS NO. FAA-2012-0028 @001/003

COMPLAINANT'S RESPONSE TO RESPONDENT'S REPLY TO MOTION TO 

### DEEM ALLEGATIONS ADMITTED
On March .30, 2012, Complainant served its Motion to Deem Allegations Admitted. This**~** motion 

### is based on the fact Respondent had not·answered the·complaint, which, at thatpoint was overdue byten days. 

### By letter dated April 3, 

### 2012, and p6st-tnarked the·following day, Respondent answered the complaint. 1 It also included a paragraph essentially blaming the · untimeliness ofits answer on the failure ofthe Judge's attorney-advisor to return phone calls. The facts and circumstances presentedby Respondent do not 

### establish good cause for the untimely answer. First, Respondent does not indicate when it began its efforts to reach Mr. Liebowitz. Further, it does not idei1tify any other

### efforts 

### it undertook to obtain the information it felt it needed in order to submit an answer.when the messages for Mr. Liebowitz were not promptly returned. Respondent**ccu~d** have consulted private counsel,**att~mpted** to contact others in the Office ofHearings, orcould have contacted Complainant either for information or

1 Whal ComplainanT recojved appears to bethe original. There is no certificate ofservice orotherindication that copies were served on the Hearing Docket or lawjudge.04/19/2012 08:38 FAX 2024935142 FAA -io OMS 141002/003



### an agreement for an extension oftime. In the firstparagraph ofthe

### Proce~ural Order, the law judge points out that absent an agreement oftheparties, 

### v.Titten requests for an extension must be filed seven days before a due date, absent good cause. Hence, Respondent was on notice not onlyofthe requirement for an answer and the consequences ofnottimely submitting one, bt1t that waiting until the 

### last moment would be done at its 

### peril, and that Complainant could agree to an extension. In 

### short, the information provided by Respondent falls woefully 

### short of

### establishing the sort of

### diligence and good-Htilh efforts on its part: that 

### might 

### establish good cause for the 

### entire period its 

### late-filed answer

### wa:s overdue. The Complainant's Motion to Deem Allegations Admitted should, therefore, be granted.
RESPECTFULLY 

### SUBMITTED this 9111 

### day ofApril2012. HOWARD L 

### MARTIN, JR. 

### Regional Counsel

# By:~__._·- 

### Glenn H. 

### Brown Senior Attorney

204/18/2012**08~38** FAX 2024835142 FAA



### CERTIFICATE OF SERVICE Re: Pathfinder 

### Aviation, Inc. FAA Docket No. [To be assjgned] FDMS NO. FAA-2012·0028 + OMS**~** 003/003

I 

### hereby certify that on this date I served a copy of

### the COMPLAINANT'S RESPONSE 'fO 

### RESPONDENT'S**R~PLY** 

### TO MOTION TO DEEM ALLEGATIONS ADMITTED by placing it 

### in the United States Mail, postage-prepaid, ceJtified mail, return receipt requested, addressed 

### as 

### follows: 111e 

### Honorable Richard 

### C. 

### Goodwin Of1lce ofHearings, M-20;
. 

### U.S. Depa1tmer1t ofTransportation 1200 New Jersey Avenue, S.E. Washinbrton, DC 20590 Michael W. 

### Fell, President Pathfinder 

### Aviation, Inc., Respondent P.O. Box 375 Homer, AK 99603 I further certify that 

### on this date 1

### have served the original and 

### one copy of

### the COMPLAINANT'S RESPONSETO RESPONDENT'S 

### REPLY TO MOTION 

### TO DEEM
· ALLEGATIONS 

### ADMITTED by

### postage~prepaid, 

### certified mail, retw-n receipt requested,

addressed 

### as follows: Federal Aviation 

### Administration 800 Independence 

### Avenue, S.W. Washington, DC 20591 Attention: Hearing 

### Docket Clerk. AGC-430 Wilbur Wright Building-
..Suite 2Wl000 

### DATED:

# ~ 

# f**~C)/**:2_

Federal Aviation Administration
..

# '!----~.. . Office ofRegional Counsel (}
. .· 222 

### West. 7th 

### Avenue, Box 14,**AAL~7** Anchorage, 

### Alaska 99513·7587