I 

! I 

In The Matter Of: 

SERVED: March 4, 2016 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, DC 

Docket No. FAA-2014-0320 

GLOBAL ARMS AND AMMUNITION 

) 

) 

) 

) 

Respondent ) 

Case No. 2012NM710034 

ORDER SETTING DEADLINE FOR THE 

RESPONDENT TO SUPPLEMENT ITS RESPONSE 

AND GRANTING/DENYING OTHER RELIEF 

On June 19, 2014 the FAA filed this action with the Office of Hearings. 

On June 20, 2014 this proceeding was assigned to Judge Richard C. Goodwin. Between 

June 20, 2014 and September 4, 2015, the parties filed multiple motions. A detailed history of 

those motions are contained in the FAA's December 16,2014 Motion for Decision,1 and will not 

be reiterated here. On September 4, 2015 this proceeding was reassigned to the undersigned 

Judge. 

A. Summary Judgment Motion Pending 

Only certain portions of the procedural history will be discussed for the purposes of this 

Order. 

On September 22, 2014, after receiving no answer to the August 15, 2014 Complaint, the 

FAA filed its Motion for Decision or in the Alternative, Motion to Deem All Allegations 

Admitted ("September 22, 2014 Motion"). 

On October 20, 2014, after receiving no answer to, or ruling on, its September 22, 2014 

Motion, the FAA filed its Renewed Motion to Dismiss or in the Alternative, Motion to Deem All 

Allegations Admitted ("October, 2014 Renewed Motion"). 

1 The full title of the FAA's December 16,2014 filing was Motion for Decision, OR in the Alternative, Motion for 

Decision Hereafter Limiting the Hearing to a Determination as to the Appropriate Sanction. 
Two (2) days later, on October 22, 2014, the Respondent's new lay representative filed 

the Respondent's Motion for Leave to File an Answer, as well as the Respondent's Answer, 

arguing that good cause existed for its untimely Answer. 

On November 24,2014, Judge Goodwin issued an Order Granting Respondent's Motion 

for Leave to File an Answer ("November 24, 2014 Order") 

On December 16, 2014, the FAA filed its Motion for Decision, OR in the alternative, 

Motion for Decision hereafter limiting the hearing to a determination as to the appropriate 

sanction ("Motion for Decision"). 

On January 6, 2015, the Respondent filed the Respondent's Answer to Complainant's 

Motion for Decision ("Response"). 

1. Respondent Should Be Allowed to Supplement its January 6, 2015 Response 

On January 6, 2015 the Respondent asserted that genuine issues of material fact existed, 

but provided no legal or factual support for its arguments. Instead, the Respondent informally 

moved for "time to review discovery materials and further investigate facts and evidence." (Ans. 

2 (ln. 17 -18).) This informal motion was not addressed by the previously assigned Judge, and 

the Respondent has had over a year since making the motion (i.e., Jan. 2015-March 2016) to 

review materials and investigate facts. The Respondent has not, however, filed any supplement 

to its January 6, 2015 Response. 

Additionally, the Respondent has alleged in other materials (submitted by the FAA) that 

it has an affirmative defense to the charges. The Respondent has asserted that either employees 

of Federal Express, or others, might be liable for the alleged violations; thereby relieving the 

Respondent of all liability. (Mot for Dec., Ex. 5 at 2.) However, the Respondent has provided no 

caselaw or regulatory authority in support of such "liability" defense. 

The Respondent should be given an opportunity to Supplementits January 6, 2015 

Response. 

Page 2 of4 
B. Record Disposition of the FAA's Prior Motions 

Judge Goodwin's November 24, 2014 Order granted the Respondent's Motion for Leave 

to File an Answer, and accepted the Respondent's October 14, 2014 Answer. This effectively 

meant that the FAA's September 22,2014 Motion and October, 2014 Renewed Motion were 

denied, but the November 24, 2014 Order did not expressly address state such rulings. For 

clarity, the litigation record should include specific denials of these motions. 

C. Conclusion 

Pursuant to 14 C.P.R.§§ 13.205(a) and 13.218, and after reviewing all pleadings and 

documents, as well as all relevant caselaw, decisions, regulation, statutory authority, and being 

fully advised; 

IT IS HEREBY ORDERED: 

1. On or before Aprill, 2016, the Respondent may file a Supplement to its January 6, 

2015 Response. This Supplement should include any specific facts the Respondent 

asserts demonstrate that there is a genuine issue for hearing, as well as any caselaw 

and/or regulatory authority the Respondent is relying upon to support its arguments about 

the "liability" of others. 

2. The FAA's December 16, 2014 Motion for Decision is reserved until after April1, 2016. 

3. Based on the relief granted by Judge Goodwin's November 24, 2014 Order, the FAA's 

September 22,2014 Motion and October 20,2014 Renewed Motion are denied. 

4. No further email filings: The June 24, 2014 Procedural Order issued by Judge Goodwin 

directed the parties to file all documents directly with him by email. The parties are 

hereby notified that the Office of Hearings does not have an email filing box for 

documents, and there will be no further email filings in this case.· 

5. Deadline Date for Filing with the Court: The Deadline date for filing documents with 

the Court is the date that the documents are date-stamped received at the Office of 

Hearings. The parties may file documents by personal delivery or mail or by fax. To 

ensure compliance with this and any future orders setting deadlines, the parties are 

Page 3 of4 
encouraged to fax or personally deliver a copy of their documents to the Office of 

Hearings (Fax: 202-366-7536), on or before the deadline date. Failure of a party to timely 

file documents by the court-ordered deadline could lead to the party's position not being 

considered. 

6. Questions: For clarifications of this Order or questions with regard to the procedures to 

be followed in this case, please contact Mrs. Rachael Brown, Judicial Staff Assistant, at 

the Office of Hearings (202-366-2132). 

Attachment: Service List 

Page 4 of4 
Docket No. FAA-2014-0320 

(Civil Penalty Action) 

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 0002 

Mr. Kyle Lomazow 

Complainant's Counsel 

Northwest Mountain Region, ANM-7 

Federal Aviation Administration 

1601 Lind Ave., S.W. 

Renton, WA 98057 

TEL: 425-227-1847 

FPCX: 425-227~1007 

Mr. Vincent Williams 

Respondent's Lay Representative 

Global Arms and Ammunition 

801 2nd Avenue, Suite #822 

Seattle, W A 98104 

Judge J.E. Sullivan 

US. Administrative Law Judge 

Office of Hearings, M-20 

U.S. Department ofTransportation 

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

Washington, DC 20590 

TEL: 202-366-6941 

FAX: 202-366-7536 

ONE COPY 

Mr. David Carl Williams, President 

Global Arms and Ammunition, Respondent 

28 -3ih Street N.E., Suite A 

Auburn, W A 98002 

TEL: 206-325-9400 

2 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.