I

! I

In The Matter Of: 

## SERVED: March 4, 2016 U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS WASHINGTON, DC

DocketNo. FAA-2014-0320 GLOBAL ARMS AND AMMUNITION ) ) ) ) ) Respondent Case No. 2012NM710034

ORDERSETTINGDEADLINEFORTHE RESPONDENT TO SUPPLEMENT ITS RESPONSE AND GRANTING/DENYING OTHERRELIEF
OnJune 19, 2014 the FAA filed this action withthe Office ofHearings. OnJune 20, 2014 this proceeding was assigned to Judge Richard C. Goodwin. Between June 20, 2014 and September4, 2015, the parties filed multiple motions. A detailed history of those motions are contained inthe FAA's December 16,2014Motion for Decision, 1 and will not be reiterated here. On September 4, 2015 this proceeding was reassigned to the undersigned Judge. 

### A. SummaryJudgmentMotion Pending Only certainportions ofthe procedural history will be discussed for the purposes ofthis 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, Motionto Deem All Allegations Admitted ("September 22, 2014 Motion"). On October 20, 2014, after receiving no answer to, orruling on, its September 22, 2014 Motion, the FAA filed its Renewed Motion to Dismiss or in the Alternative, Motionto Deem All Allegations Admitted ("October, 2014 Renewed Motion").

1The full title ofthe FAA's December 16,2014 filing was Motion for Decision, ORin the Alternative, Motion for Decision HereafterLimiting the Hearingto a Determination as to the Appropriate Sanction.Two (2) days later, on October 22, 2014, the Respondent's newlay 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. OnNovember 24,2014, Judge Goodwin issued an Order Granting Respondent's Motion for Leave to File anAnswer ("November 24, 2014 Order") OnDecember 16, 2014, the FAA filed its Motion for Decision, ORinthe alternative, Motion for Decision hereafter limitingthe 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 OnJanuary 6, 2015 the Respondent asserted that genuine issues ofmaterial fact existed, butprovided no legal or factual support for its arguments. Instead, the Respondent informally moved for "timeto 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 reviewmaterials and investigate facts. The Respondent has not, however, filed any supplement to its January 6, 2015 Response. Additionally, the Respondenthas alleged in other materials (submittedbythe FAA) that it has an affirmative defense to the charges. The Respondent has asserted that either employees ofFederal Express, or others, mightbe liable for the alleged violations; thereby relievingthe Respondent ofall liability. (Mot for Dec., Ex. 5 at 2.) However, the Respondent has provided no caselaw or regulatory authority in support ofsuch "liability" defense. The Respondent should be given an opportunityto SupplementitsJanuary 6, 2015 Response.

Page 2 of4B. Record Dispositionofthe FAA's Prior Motions Judge Goodwin'sNovember 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 meantthat the FAA's September 22,2014 Motion and October, 2014 Renewed Motion were denied, butthe November 24, 2014 Order did not expressly address state suchrulings. For clarity, the litigation record should include specific denials ofthese 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 Supplementto its January 6, 2015 Response. This Supplement should include any specific facts the Respondent asserts demonstrate thatthere is a genuine issue for hearing, as well as any caselaw and/orregulatory authority the Respondent is relying uponto support its arguments about the "liability" ofothers. 2. The FAA's December 16, 2014 Motion for Decision is reserved until after April1, 2016. 3. Based on the reliefgranted 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 Orderissued byJudge Goodwin directed the parties to file all documents directly withhimby email. The parties are hereby notified that the Office ofHearings does nothave 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 thatthe documents are date-stampedreceived atthe Office of Hearings. The parties may file documents bypersonal delivery ormail orbyfax. To ensure compliance with this and any future orders setting deadlines, the parties are Page 3 of4encouraged to fax orpersonally deliver a copy oftheir documents to the Office of Hearings (Fax: 202-366-7536), on orbefore the deadline date. Failure ofa party to timely file documents by the court-ordered deadline could lead to the party'sposition not being considered. 6. Questions: For clarifications ofthis Order or questions withregard to the proceduresto be followed inthis case, please contact Mrs. Rachael Brown, Judicial StaffAssistant, at the Office ofHearings (202-366-2132).

Attachment: Service List

Page 4 of4DocketNo. FAA-2014-0320 (Civil Penalty Action)

SERVICE LIST - BYU.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-Suite2W10002

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'sLayRepresentative Global Arms and Ammunition 801 2nd Avenue, Suite #822 Seattle, W A 98104 Judge J.E. Sullivan US. Administrative LawJudge Office ofHearings, M-20 U.S. Department ofTransportation 1200 NewJersey 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 StreetN.E., Suite A Auburn, W A 98002 TEL: 206-325-9400

2 Service was byU.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.