Jeffrey M. Harper 

FAA Office of Regional Counsel 

1601 Lind Avenue Southwest 

Renton, Washington 98057 

T (425) 227-2161 

F (425) 227-1007 

UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

RECEIVED 

SEP 2 2 2015 

HEARING DOCKET 

In the Matter of: 

FAA Case No. 2015WP910053 

OMS No. 2015-FAA-2438 

Classic Air Aviation, LLC 

Judge Unassigned 

Motion to Deem Allegations Admitted 

Complainant moves the Court to enter an order deeming all allegations in the Complaint 

as admitted, pursuant to 14 C.F.R. §§ 13.209(e) and (f). 07 

1. Statement of Facts 

The Complaint was served on two counsels for Respondent on July 7, 2015-Mr. Urbano 

(as requested in Respondent's request for hearing) and Ms. Marin-Henriquez (who had 

been representing Respondent). Complaint°' and Exhibits 1-3. Ms. Marin-Henriquez 

withdrew from her representation of Respondent the day the Complaint was served. 

Exhibit 3. The Complaint was received by Mr. Urbano on July 13, 2015. Exhibits 1-2. 

Page 5 of the Complaint reads: 

"ANSWER 

"ln accordance with Section 13.209(a) of the Federal Aviation 

Regulations, CAA1'

1

must answer this Complaint not later than thirty 

(30) days after the date the Complaint is served. Failure to file an 

Answer within thirty (30) days without good cause shall be deemed an 

admission of the truth of each allegation contained in the Complaint. 

14 C.F.R. § 13.209(f)." Complaint."°' 

On July 31, 2015, Mr. Urbano withdrew from representation of Respondent. Exhibit 4. 

1 Respondent Classic Air Aviation. 
On August 7, 2015, Respondent's Operations Manager, Ms. Bush, submitted a letter to 

undersigned counsel stating: 

• Respondent had received the Complaint from Mr. Urbano on July 29, 2015; 

• Respondent had not retained proper counsel; and 

• The letter served as "notice to deny all allegations." 

. 2~-- Respondent's Letter of August 7, 2015 (Letter).~ 

The letter does not contain a Certificate of Service, although a review of the docket sheet 

at www.regulations.gov indicates the letter was served on the Docket at some point. 

Letter."' The letter also failed to address each munbered paragraph of the Complaint. Id=o 

On August 14, 2015, Administrative Law Judge Goodwin served a Procedural Order in 

the case on Mr. Urbano and Ms. Bush. Procedural Order.~' The first page of the 

Procedural Order stated: 

"Those rules [ 14 C.F.R. Part 13, Subpart G] provide, inter alia, that the 

Respondent must file a written Answer or motion within thirty (30) 

days after service of the Complaint (14 C.F.R. € 13.209(a)), that a 

general denial is deemed a failure to file an answer(§ 13.209(e)), that 

failure to file an Answer without good cause is deemed an admission of 

each allegation in the Complaint(§ l3.209(f)), and that, absent 

agreement of the parties, a party seeking an extension of time must file 

a written motion not less than seven (7) days before the document is 

due, absent good cause shown(§ ]3.213(a) and (b))." 

Id'"" The Procedural Order goes on to quote 14 C.F.R. § 13.209(e). Id'°' 

Undersigned counsel has received no other communications from Respondent, nor does 

the docket at regulations.gov indicate any other pleadings have been filed by Respondent. 

2. Respondent's general denial of the allegations is constitutes a failure to 

file a Complaint; absent good cause, the allegations should be 

deemed admitted. 

As of today, Respondent has had more than 70 days to file a proper answer. As of today, 

Respondent has not done so. 

A Respondent has 30 days after the Complaint is served to file an answer. 14 C.F.R. 

§ 13.209(a)."" The date of service is the date mailing. 14 C.F.R. § 13.21 l(d)."' When 

2 Available at www.regulations.gov as DMS No. FAA-2015-2438-0003. 

Complainant's Motion to Deem Allegations Admitted 

In the Matter of Classic Air Aviation, LLC 

OMS No. FM-2015-2438; FM Case No. 2015WP910053 

Page 2 of 5 

Jeffrey M. Harper, FM Attorney 

T (425) 227-2161 

F (425) 227-1007 
service is by mail, an additional five days are added to the time to respond. 14 C.F ,R 

§ 13.211 ( e )."" Service on an attorney ofrecord or designated representative is adequate 

service. 14 C.F.R. § 13.211 (a).'°" An answer must specifically address each numbered 

paragraph of the complaint. 14 C.F.R. § 13.209(e).=> 

The Complaint was served on July 7, 2015, on Respondent's attorneys ofrecord, as 

shown by the Certificate of Service and U.S. Postal Service tracking data. Complaint;c, 

Exhibits 1 and 2. Because service was by mail, Respondent had a total of35 days after 

July 7, 2015 to file its answer-a deadline of August 11, 2015. 

Shortly before the deadline, Respondent served on undersigned counsel and the docket a 

letter which did not specifically address each numbered allegation of the Complaint. 

Letter."" Rather, the letter generally denied all allegations contained in the Complaint. 

Id.co 

"A general denial of the complaint is deemed a failure to file an answer." 14 C.F.R. 

§ 13.209(e)."" When that failure lacks good cause, the failure "shall be deemed an 

admission of the truth of each allegation contained in the complaint." 14 C.F.R 

§ l 3.209(f);=> In the Matter of Lany :S· Flying Service. Inc., FAA Order No. 98-4, 

(March 10, 1998)."' 

To avoid default, Respondent has the burden to demonstrate good cause for failing to file 

a proper answer. Id. at 7."" It has not-and cannot-do so. In its letter, Respondent 

impliedly addresses its failure to specifically address each allegation: its states it "den[ies] 

all allegations as" it has "not retained proper counsel." Letter."" 

Respondent has, at various points in this matter, retained two separate counselMs. Marin-Henriquez and Mr. Urbano. Exhibits 3 and 4. Respondent's request for 

hearing specifically listed "new legal counsel" as Mr. Urbano and provided his contact 

infon11ation. Request for Hearing (Enclosure to Complaint)."' Mr. Urbano, in turn, stated 

he would be representing Respondent in this matter upon the withdrawal of Respondent's 

previous counsel. Exhibit 4. Respondent is capable of hiring counsel, and has 

demonstrably done so twice. 

Even if Respondent were unable to hire counsel,pro se litigants are still required to abide 

by the Rules of Practice. In the i\1atter of Global Peace Initiative, Inc., FAA Order 

No. 2008-8co at 6 (August 21, 2008). This is particularly so where, as here: 

1) The Complaint itself specifically puts Respondent on notice of the relevant 

provisions of the Rules of Practice and 

Complainant's Motion to Deem Allegations Admitted 

In the Matter of Classic Air Aviation, LLC 

OMS No. FAA-2015-2438; FAA Case No. 2015WP910053 

Page 3 of 5 

Jeffrey M. Harper, FAA Attorney 

T (425) 227-2161 

F (425) 227-1007 
2) Respondent was represented by counsel after the Complaint was filed but before 

the Answer was due. 

Respondent has failed to file a proper answer. Respondent's stated reason for the failure 

does not establish good cause. Thus, the allegations contained in the Complaint should be 

deemed admitted. 

3. Exhibits 

I. U.S. Postal Service Tracking Information. 

2. U.S. Postal Service Return Receipt. 

3. E-mail from Ms. Marin-Henriquez ofJuly 7, 2015. 

4. E-mail chain between Mr. Urbano and undersigned counsel between July 6, 2015 

and July 31, 2015. 

4. Conclusion 

Respectfully submitted this 1 ih day of September, 2015. 

-;: M. Harper 

FAA Attorney 

Digitally signed by 

JEFFREY M HARPER 

Date: 2015.09.17 

10:42:21 -07'00' 

Complainant's Motion to Deem Allegations Admitted 

In the Matter of Classic Air Aviation, LLC 

DMS No. FAA-2015-2438; FAA Case No. 2015WP910053 

Page 4 of 5 

Jeffrey M. Harper, FAA Attorney 

T (425) 227-2161 

F (425) 227-1007 
CERTIFICATE OF SERVICE 

I hereby certify that the foregoing Motion to Deem Allegations Admitted has been served 

via facsimile and Certified Mail - Return Receipt Requested this date, to the following: 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building - Suite 2W1000 

Federal Aviation Administration 

800 Independence Avenue SW 

Washington, DC 20591 

F (202) 267-1293 

Office of Hearings, M-20 

U.S. Department of Transportation 

1200 New Jersey Avenue Southeast (El l-3]0) 

Washington, DC 20590 

F (202) 366-7536 

I hereby certify that the foregoing Motion to Deem Allegations Admitted has been served 

via Certified Mail - Return Receipt Requested and e-mail this date, to the following: 

Kacie M. Bush 

Operations Manager 

Classic Air Aviation, LLC 

4805 East Falcon Drive 

Mesa, AZ 85215 

kacie@classicairaviation.com 

Dated this 17th day of September, 2015. 

dana.l.stephenson@faa.gov 

Digitally signed by dana.1.stephensoh@faa.gov 

DN: cn::::dana.1.stephenson@faa.gov 

Date: 2015.09.17 09:50:19-08'00' cc--~~c-----c-~~~~~~~ 

Dana L. Stephenson 

Office of Regional Counsel (ANM-7) 

Federal Aviation Administration 

1601 LindAve.SW 

Renton, WA 98057 

(425) 227-2164 

Complainant's Motion to Deem Allegations Admitted 

In the Matter of Classic Air Aviation, LLC 

OMS No. FAA-2015-2438; FAA Case No. 2015WP910053 

Page 5 of 5 

Jeffrey M. Harper, FAA Attorney 

T (425) 227-2161 

F (425) 227-1007 
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3780 Kilroy Airport Way, Suite 200 PMB 30 I 

Long Beach, CA 90806 

J\tlr. N[ichael A. Urbano, Esq. 

The Law Offices of Michael A Urbano, P.L.L.C 

4809 East Thistle Landing Drive, Suite 100 

Phoenix_ AZ 85044 

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The Law Offices of Michael A. Urbano, PJ.o'LC 

4809 East Thistle Landing Drive_ Sujte·· 100 _ 

Phoenix_ AZ 85044 

7013 2250 0002 0203 1505 

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3780 Kilroy Airport Way, Sttite 200 PMB 301 

Long Beach, CA 90806 -

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July2013 Domnstlc Return Receipt 

Motion to Deem 

Allegations Admitted 

Exhibit 2 1of 1 
From: 

To: 

Cc: 

Subject: 

Date: 

Carolina f'.·1arin-Henriquez 

Harper Jeffrey (FAA} 

Jon Marple; michael(illurbanolawxorn 

Notice of Wlthdrawal as Counsel of Record 

Tuesday, July 07, 2015 10:01:43 PM 

Dear Mr. Harper, 

Please accept this email as Notice of my withdrawal as counsel of record for Classic Air 

Aviation, LLC. 

Should you have any questions, please feel free to contact me by calling: (310)877-3104. 

Best Regards, 

Carolina Marin-Henriquez., Esq. 

3780 Kilroy Airport Way, Suite 200 PMB 401 

Long Beach, CA 90806 

Tel: (562) 304-2805 • Fax: (562) 2"i2-0216 

Cell: (310) 877-3 ! 04 • Skype: n1hj_ c1nh 

E-Mail: cmb!lilthe]awconcicrgc.com 

Website: http://,71,v1vv.thelav.1concierO'e.com I 

NOTICE: This e-1nail 111essage and all attachments transn1itted with it are intended solely for the use of the addressee and 

may contain legally privileged and confidential information. If the reader of this message is not the intended recipient, or an 

e1nployee or agent responsible for delivering this 1nessage to the intended recipient, you are hereby notified that any 

dissemination, distribution, copying, or other use of this 111essage or its attachn1ents is strictly prohibited. If you have 

received this n1essage in error, please notify thi:: sender in1n1ediately by replying to this message and please delete it from 

your computer. 

Motion to Deem 

Allegations Admitted 

Exhibit 3 1 of 1 
From: 

To: 

Cc: 

Subject: 

Date: 

Michael Urbano 

Harper Jeffrey (FAA) 

<michael@urbanolaw.com> 

Re: Classic Air Aviation Response Letter RE: Case No. 2015WP910053 

Friday, July 31, 2015 9:13:20 AM 

Re: FAA Case #2015-WP910053 

Dear Mr. Harper, 

Please accept this email as my official notice to all parties that I will not be representing 

Classic Air Aviation in their pending matter after all. From this date forward, please send all 

correspondence directly to Classic Air Aviation at their address on file. I will hand deliver all 

. prior documents and correspondence to Classic Air today. 

Thank you for your prompt attention this matter. 

Michael A. Urbano, Esq., J.D., M.S., AES. 

The Law Offices of Michael A. Urbano, P.L.L.C. 

4809 East Thistle Landing Drive. Suite 100 

Phoenix, AZ 85044 

1480) 759-0035 

www.urbanolaw com 

On Jul 31, 2015, at 9:04 AM, <.Jcffrey.l-!arper@faa.gov> <Jeffrey.Harper@faa.gov> wrote: 

I\Jr. lJtbano -

(Yot your 1T1essage. If y()U could just send 1ne sornethil1g 1.11 \V.rit:ing ( and e-rnail is 

fi . .ne) to clocui:nen.r that you "\v.il.l not be tepresenting (:lassie .i\.ir)] \vo11l.d appreciate 

lt. 

Very respectfully, 

Jeff Harper 

From: Michael Urbano [mailto:strawberryfieldz4ever@yahoo.com] 

Sent: Monday, July 06, 2015 8:16 AM 

To: Harper, Jeffrey (FAA) 

Cc: <michael@urbanolaw.com>; <cmh@thelawconcierge.com> 

Subject: Re: Classic Air Aviation Response Letter RE: Case No. 2015WP910053 

My apologies. l assumed Ms. Marin-Henriquez had already withdrawn. 

I anticipate that I will be representing Classic Air in the future at some point if 

indeed she withdraws. 

Michael A. Urbano, Esq., J.D., M.S., AES. 

The Law Offices of Michael A. Urbano, P.L.L.C. 

4809 East Thistle Landing Drive. Suite 100 

Phoenix. AZ 85044 

Motion to Deem 

Allegations Admitted 

Exhibit 4 1of 3 
(480) 759-0035 

www.urbanolaw.com 

On Jul 6, 2015, at 8:12 AM, <Mfrey.Harper@faa g.ov> 

<Jeffrev.Harper@faa.gov> wrote: 

Ms. [Vfarin·Hentic1uez ······ 

[f you "'.vill no .longer be representing (],iss.ic .A.ir, please send m.e a 

notice of \vithdra,val. 

Very respectl'ully. 

Jeff Harper 

From: Michael Urbano [mailto:strawberryfieldz4ever@yahoo.com] 

Sent: Monday, July 06, 2015 8: 11 AM 

To: Harper, Jeffrey (FAA) 

Cc: <michael@urbanolaw.com>; <cmh@thelawconcierae.com > 

Subject: Re: Classic Air Aviation Response Letter RE: Case No. 

2015WP910053 

I will be representing Classic Air in this matter. Please let me know 

what you need from my office in that regard. 

Thank you, 

Michael A. Urbano, Esq., J.D., M.S., AES. 

The Law Offices of Michael A. Urbano, P.L.L.C. 

4809 East Thistle Landing Drive Suite 1 00 

Phoenix. AZ 85044 

( 480) 759-0035 

www.urbanolaw.com 

On Jul 6, 2015, at 8:08 AM, <Jcfirev.Harper@faa.gov> 

<Jeffrev.Harper@faa.gov> wrote: 

1\'Is. Marin-H.enriquez & Mr. Urbano -

I \vould apptec.iate it if you could cl:irify fo.t .rne \vho \:vil.l be 

reDresentinr, C].assic .,.:\i.r in this n1fttl:er. ' <..) 

Very respectfully. 

Jeff Harper 

From: Kacie Busch [mailto:kacie@classicairaviation.com] 

Sent: Thursday, Juiy 02, 2015 5:32 PM 

To: Harper, Jeffrey (FAA) 

Cc: michael@urbanolaw.com; Jon Marple 

Subject: Classic Air Aviation Response Letter RE: Case No. 

2015WP910053 

Dear Mr. Harper, 

Motion to Deem 

Allegations Admitted 

Exhibit 4 2 of 3 
Please accept this email with attached notice to 

formally respond and request a hearing on the 

matter of Case No. 2015WP910053. Signed letters 

have been sent to both addresses requested via 

Certified Mail. Thank you in advance for taking the 

time to review the email and your assistance in 

this matter. 

Please do not hesitate to contact me if you shall 

have any questions. 

Respectfully, 

Kacie Busch 

Operations Manager 

Classic Air Aviation, LLC 

kacie@c!assica i raviation. corn 

Confidentiality Notice: This e-mail is for the sole use of the intended redpien! and may contain 

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<FAA Response Letter. pdf> 

Motion to Deem 

Allegations Admitted 

Exhibit 4 3 of 3