### 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: Inthe matter ofButte Steel & Fabrication. Inc. FAACase No. 2011WP700141 Dear Clerk: Please find enclosed an original respondent's "answer to complaint" to be filed inthe abovecaptioned matter along with a copy to be conformed and returned in the self-addressed stamped envelope. Ifyou 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 DOCKET1 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 ofparagraph I ofthe complaintthat it was advised through 17 a Final Notice ofProposed 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 ofparagraph I ofthe complaint and onthatbasis denies said allegations. 21 2. 22 3. 23 4. 24 

### 5. 25 6. 26 

### 7. 27 8. 28 9. Respondent denies the allegations ofparagraph IT, subparagraph 1ofthe complaint. Respondent denies the allegations ofparagraph IT, subparagraph 2 ofthe complaint. Respondent denies the allegations ofparagraph IT, subparagraph 3 ofthe complaint. Respondent denies the allegations ofparagraph II, subparagraph 4 ofthe complaint. Respondent denies the allegations ofparagraph II, subparagraph 4.1 ofthe complaint. Respondent denies the allegations ofparagraph II, subparagraph 4.2 ofthe complaint. Respondent denies the allegations ofparagraph II, subparagraph 4.3 ofthe complaint. Respondent denies the allegations ofparagraph II, subparagraph 4.4 ofthe complaint. 1 Answer to complaint1 10. 2 11. Respondent denies the allegations ofparagraph II, subparagraph 5 ofthe complaint. Respondenthas insufficient knowledge or information to either admit or deny the allegations 3 4 5 ofparagraph II, subparagraph 6 ofthe complaint and on that basis denies said allegations. 12. Respondent denies the allegations ofparagraph II, subparagraph 7 ofthe complaint. 13. Respondent denies the allegations ofparagraph III, subparagraph a ofthe 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 ofparagraph III, subparagraph b ofthe complaint. Respondent denies the allegations ofparagraph III, subparagraph c ofthe complaint. Respondent denies the allegations ofparagraph III, subparagraph d ofthe complaint. Respondent denies the allegations ofparagraph III, subparagraph e ofthe complaint. Respondent denies the allegations ofparagraph III, subparagraph fofthe complaint. Respondent denies the allegations ofparagraph TII, subparagraph g ofthe complaint. Respondent denies the allegations ofparagraph III, subparagraph h ofthe complaint. Respondent denies the allegations ofparagraph III, subparagraph i ofthe complaint. Respondent denies the allegations ofparagraph N, subparagraph 1ofthe complaint. Respondent denies the allegations ofparagraph N, subparagraph 2 ofthe complaint. 

### FffiST AFFffiMATIVE DEFENSE 17 The complaint fails to state fucts sufficient to state a cause ofaction against this answering 18 respondent. 19 

### SECOND AFFIRMATIVE DEFENSE 20 This answering respondent alleges that ifthere is any negligence or liability on the part ofthe 21 parties named herein, it is the sole and exclusive negligence, liability ofother unnamed respondents 22 orthird parties, and not ofthis answering respondent. 23 

### THIRD AFFIRMATIVE DEFENSE 24 The violations referred to in the complaint were proximately caused by plaintiffand/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 ofthis 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 complaint1 violations, ifany. 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 ofaction therein are barred 9 by the applicable statute oflimitations. 

### I0 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 ofattorneys fees and costs ofsuit; and, For such other and further reliefas the Administrative Law Judge may deemjust and proper. 22 DATED: March20, 2012 

### LAW OFFICES OF DAVID J. 

### MURRAY 

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,... By: 

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## 4"'''"'"~ 23 24 DAVID J. MUimlAY, attorney for respo 25 Butte Steel & Fabrication, Inc 26 27 

### 28 -3- Answer to complaint1 

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### 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 ofthe United States, employed in the City of Chico, County ofButte. My business address is 341 Broadway, Suite 407, Chico, California 95928. I am over the age ofeighteenyears and not a partyto 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 thereofto be served on the parties inthis action through the U.S. Mail and addresses as listedbelow. I am familiar withthe procedures for the LawOffices ofDavid 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 atthe close ofeach business day. (PERSONAL SERVICE) Onthe parties inthis action by causing a true copy thereofto be personally delivered by hand to the addressee(s) listed below. (OTHER) Onthe parties in this action by causing a true copythereofto be delivered by and/or through the services of:



### a. b. c. OvernightDelivery viaUnitedParcel 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 ofRegional Counsel Western:Pacific Region, AWP-7.3 ChristopherMerrill, Esq. P.O. Box 92007 Los Angeles, CA 90009-2007 I declare under penalty ofpe!jury under the laws ofthe State ofCalifornia 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-·

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### 1JN6Ai~ERK30'"';,"+y:%.?£P~/ -4- Answer to complaint