LAW OFFICES OF DAVID J. MURRAY 

DAVID J. MURRAY, ESQ. 

341 BROADWAY, SUITE407 

cmco, CA 95928 

Phone (530) 896-1144 

March 20, 2012 

Federal Aviation Administration 

800 Independence Avenue, S. W. 

Washington, D.C. 20591 

Fax (530) 896-1146 

Attention: Hearing Docket Clerk, AGC-430 

Re: In the matter of Butte Steel & Fabrication. Inc. 

FAA Case No. 2011WP700141 

Dear Clerk: 

Please find enclosed an original respondent's "answer to complaint" to be filed in the abovecaptioned matter along with a copy to be conformed and returned in the self-addressed stamped 

envelope. 

If you have any questions, please do not hesitate to call me. 

Sincerely, 

LAW OFFICES OF DAVID J. MURRAY 

David J. Murray 

DJM/lla 

Enclosures 

RECEIVED 

'MAR 272m2 

HEARING DOCKET 
1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

DAVID J. MURRAY (BarNo. 158591) 

LAW OFFICES OF DAVID J. MURRAY 

341 Broadway, Suite 407 

Chico, CA 95928 

Telephone: (530) 896-1144 

Facsimile: (530) 896-1146 

Attorney for respondent, Butte Steel & Fabrication, 

Inc 

RECEIVED 

MAR 272m2 

HEARING DOCKET 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, DC 

IN THE MATTER OF FAA DOCKET UNASSIGNED 

BUTTE STEEL & FABRICATON, INC.: FAA CASE NO. 2011WP700141 

Respondent. 

RESPONDENT'S ANSWER TO 

COMPLAINT 

COMES NOW, respondent Butte Steel & Fabrication, Inc in answer to the complaint on file herein 

as follows: 

16 1. Respondent admits the allegations of paragraph I of the complaint that it was advised through 

17 a Final Notice of Proposed Civil Penalty thai the Federal Aviation Administration proposed to access 

18 a civil penalty in the amount of $47,250. Respondent further admits it submitted a written request 

19 for a hearing. The respondent has insufficient knowledge or information to either admit or deny the 

20 remaining allegations of paragraph I of the complaint and on that basis denies said allegations. 

21 2. 

22 3. 

23 4. 

24 5. 

25 6. 

26 7. 

27 8. 

28 9. 

Respondent denies the allegations of paragraph IT, subparagraph 1 of the complaint. 

Respondent denies the allegations of paragraph IT, subparagraph 2 of the complaint. 

Respondent denies the allegations of paragraph IT, subparagraph 3 of the complaint. 

Respondent denies the allegations of paragraph II, subparagraph 4 of the complaint. 

Respondent denies the allegations of paragraph II, subparagraph 4.1 of the complaint. 

Respondent denies the allegations of paragraph II, subparagraph 4.2 of the complaint. 

Respondent denies the allegations of paragraph II, subparagraph 4.3 of the complaint. 

Respondent denies the allegations of paragraph II, subparagraph 4.4 of the complaint. 

1 

Answer to complaint 
1 10. 

2 11. 

Respondent denies the allegations of paragraph II, subparagraph 5 of the complaint. 

Respondent has insufficient knowledge or information to either admit or deny the allegations 

3 

4 

5 

of paragraph II, subparagraph 6 of the complaint and on that basis denies said allegations. 

12. Respondent denies the allegations of paragraph II, subparagraph 7 of the complaint. 

13. Respondent denies the allegations of paragraph III, subparagraph a of the complaint. 

6 14. 

7 15. 

8 16. 

9 17. 

10 18. 

11 19. 

12 20. 

13 21. 

14 22. 

15 23. 

16 

Respondent denies the allegations of paragraph III, subparagraph b of the complaint. 

Respondent denies the allegations of paragraph III, subparagraph c of the complaint. 

Respondent denies the allegations of paragraph III, subparagraph d of the complaint. 

Respondent denies the allegations of paragraph III, subparagraph e of the complaint. 

Respondent denies the allegations of paragraph III, subparagraph f of the complaint. 

Respondent denies the allegations of paragraph TII, subparagraph g of the complaint. 

Respondent denies the allegations of paragraph III, subparagraph h of the complaint. 

Respondent denies the allegations of paragraph III, subparagraph i of the complaint. 

Respondent denies the allegations of paragraph N, subparagraph 1 of the complaint. 

Respondent denies the allegations of paragraph N, subparagraph 2 of the complaint. 

FffiST AFFffiMATIVE DEFENSE 

17 The complaint fails to state fucts sufficient to state a cause of action against this answering 

18 respondent. 

19 SECOND AFFIRMATIVE DEFENSE 

20 This answering respondent alleges that if there is any negligence or liability on the part of the 

21 parties named herein, it is the sole and exclusive negligence, liability of other unnamed respondents 

22 or third parties, and not of this answering respondent. 

23 THIRD AFFIRMATIVE DEFENSE 

24 The violations referred to in the complaint were proximately caused by plaintiff and/or others 

25 affiliated in some manner with the plaintiff, and if this answering respondent committed any 

26 wrongful act at all, which supposition is made for purpose of this defense only without admitting 

27 such to be fact, the aforesaid conduct by other entities or persons, contributed to the alleged 

28 

-2-

Answer to complaint 
1 violations, if any. 

2 FOURTH AFFIRMATIVE DEFENSE 

3 This answering respondent alleges that plaintiff has waived the claims alleged in the. 

4 complaint and the right to pursue relief based upon said complaint by reason of plaintiff's own 

5 conduct, actions and communications to this respondent and others relative to this subject matter o 

6 this preceding. 

7 FIFTH AFFIRMATIVE DEFENSE 

8 This answering respondent alleges the complaint and each cause of action therein are barred 

9 by the applicable statute of limitations. 

I 0 SIXTH AFFIRMATIVE DEFENSE 

11 As and for a separate and distinct affirmative defense to the complaint on file herein, and to 

12 each cause of action thereof, this answering respondent alleges that others mishandled the product, 

13 lost or tampered with said packaging and product, interfered with and/or modified the transportation 

14 contract at issue in said complaint, lost the required paperwork and such conduct caused and 

15 contributed to the violations which are alleged in said complaint. 

16 WHEREFORE, this answering respondent prays: 

17 

18 

19 

20 

21 

1. 

2. 

3. 

That no civil penalty be assessed against respondent and that plaintiff's complaint be 

dismissed in its entirety; 

For an award of attorneys fees and costs of suit; and, 

For such other and further relief as the Administrative Law Judge may deem just and 

proper. 

22 DATED: March20, 2012 LAW OFFICES OF DAVID J. MURRAY 

"' , ... By: !\ 4"'''"'"~ 

23 

24 

DAVID J. MUimlA Y, attorney for respo 

25 Butte Steel & Fabrication, Inc 

26 

27 

28 

-3-

Answer to complaint 
1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

27 

28 

PROOF OF SERVICE 

Linda L. Alberico declares, I am a citizen of the United States, employed in the City of 

Chico, County of Butte. My business address is 341 Broadway, Suite 407, Chico, 

California 95928. I am over the age of eighteen years and not a party to the above entitled 

action. 

On March 20, 2012, I served the following documents: Respondent's answer to the 

complaint. 

MANNER OF SERVICE 

XX (U.S. MAIL) By causing a true copy thereof to be served on the parties in this action 

through the U.S. Mail and addresses as listed below. I am familiar with the procedures for 

the Law Offices of David J. Murray whereby mail is to be sealed, given the appropriate 

postage and placed in a designated mail collection area. Each day's mail is collected and 

then is deposited in a U.S. mailbox at the close of each business day. 

(PERSONAL SERVICE) On the parties in this action by causing a true copy thereof to be 

personally delivered by hand to the addressee( s) listed below. 

(OTHER) On the parties in this action by causing a true copy thereof to be delivered by 

and/or through the services of: 

a. 

b. 

c. 

Overnight Delivery via United Parcel 

Express Mail 

Via Facsimile 

PARTIES SERVED AND ADDRESS OR FACSIMILE NUMBER 

Federal Aviation Administration 

800 Independence Avenue, S. W. 

Washington, D.C. 20591 

Attention: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building- Suite 2W1000 

Federal Aviation Administration 

Office of Regional Counsel 

Western:Pacific Region, A WP-7.3 

Christopher Merrill, Esq. 

P.O. Box 92007 

Los Angeles, CA 90009-2007 

I declare under penalty of pe!jury under the laws of the State of California and pursuant to 

28 U.S.C. § 1746 that the foregoing is true and correct, and that this document is executed 

at Chico, California on March 20, 20!2-· ............. . 

L-~ . ~') 

·:::~~:;'' . ../ ~'~ .. /' / 1JN6Ai~ERK30'"';,"+y:%.?£P~/ 

-4-

Answer to complaint