JEFFREY HARPER 

FAA OFFICE OF REGIONAL COUNSEL 

1601 LIND AVE., SW 

RENTON, W ASH!NGTON 98057 

TELEPHONE: (425) 227-2161 

FACSIMILE: ( 425) 227-1007 

RECEIVED 

SEP- 5 2012 

HEARING DOCKET 

UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

In the Matter of: 

Leading Edge Aviation, Inc. 

FAA Case No. 2011NM070089 

DMS No.: FAA-2012-0783 

Honorable Richard C. Goodwin 

MOTION OPPOSING 

RESPONDENT'S REQUEST FOR DISMISSAL 

The Federal Aviation Administration (FAA), by counsel, hereby opposes Respondent's 

Request for Dismissal contained in its Answer under "Statement of Relief Sought." 

Summary of Facts 

The Complaint was filed on July 25, 2012. Respondent filed its Answer on August 22, 2012. 

Respondent denies a number of the allegations in the Complaint and asserts 14 affirmative 

defenses. In Affirmative Defense #4, Respondent avers Complainant has failed to state a 

cause of action. In the Statement of Relief Sought, Respondent "requests that this matter be 

dismissed .... " At this stage of the. proceedings, Respondent's denials and Affmn.ative 

defenses are unsupported by any evidence in the record. 

Argument 

The proponent of a motion, request, or order has the burden of proof. Rule 13 .224(b ). The 

party with the burden must prove its case or defense by a preponderance of reliable, 

probative, and substantial evidence. Rule 13.223. 

Respondent's Affirmative Defense #4 appears to request dismissal of the Complaint for 

insufficiency under Rule 13.218(£)(1). The Statement of Relief Sought appears to request. 

dismissal of the Complaint under Rule 13.218(f)(2)(ii). 
Insufficiency 

"A complaint shall set forth the facts alleged, any regulation allegedly violated by the 

respondent, and the proposed civil penalty in sufficient detail to provide notice of any factual 

or legal allegation and proposed civil penalty." Rule 13.208(c). A complaint is sufficient if 

the respondent understands the issues and was afforded the full opportunity to justifY its 

conduct during the course of the litigation. In the Matter of Brendan Airways, DMS No.F AA2009-0032 (Order served June 7, 201 0) at 3, citing Aloha Airlines, Inc. v. Civil Aeronautics 

Bd., 598 F.2d 250,262 (D.C. Cir. 1979). On a Motion to Dismiss, the allegations in the 

complaint are assumed to be true. In the Matter of Riverdale Mills Corporation, FAA Order 

No. 2000-25 at 1, citing United States v. Gaubert, 499 U.S. 315, 327 (1991). 

The Complaint in this case is sufficient. It sets forth the facts alleged, which are asstuned to 

be true. Complaint~~ II.l-17. It sets forth the regulations alleged to have been violated. 

Complaint~ III.l. It sets forth the proposed civil penalty. Complaint~ III.3. It provides 

sufficient detail for respondent to understand the issues~the case addresses Respondent's 

actions in performing a 100 hour inspection on a particular date (Complaint~ II.l 0) on a 

particular helicopter for which it was not rated to work on at the time (Complaint~ II.5), and 

its failure inperforming that inspection to follow its manual and the manufacturer's 

inspection program as required (Complaint~~ II.6, 8, 11, 13, 14, 16). Respondent fails to 

offer any explanation of why the alleged facts, if true, do not establish the alleged violations. 

Respondent has had every opportunity to "justifY its conduct" In response to the Notice of 

Proposed Civil Penalty, Respondent requested an Informal Conference under 

Rule 13.16(f)(2)(iii), which was held on May 16, 2012 with undersigned counsel. Exhibit 1. 

Respondent submitted written information to the agency attorney as permitted by 

Rule 13.16(f)(2)(i). Exhibit 2. Respondent has requested a hearing under Rule 13 .16(g)(2)(ii). 

Exhibit 3. 

Respondent may dispute the allegations; that does not make the Complaint insufficient. On 

the contrary, the record establishes that Respondent both understands the issues and has been 

afforded the full opportunity to justifY its conduct during the course of the litigation. Thus, 

the Complaint is sufficient and should not be dismissed. 

Dismissal 

Respondent disputes a ntunber of the facts alleged in the complaint. However, on a motion to 

dismiss, the facts alleged are assumed to be true. Riverdale Mills at 1. Merely disputing the 

facts does not warrant dismissal. 

The record is presently devoid of any evidence. Respondent has presented no evidence to 

support dismissal ofthe complaint. It merely makes facial denials of allegations in the 

MOTION OPPOSING RESPONDENT'S REQUEST FOR DISMISSAL 

FAA v. Leading Edge, Inc. 

FAA Case No. 2011NM0700&9, DMS No. FAA-2012-0783 

Page2 of4 

JEFFREY M. HN<PER, F AAATTORNEY 

TEL: 425.227.1417; FAX: 425.227.1007 
complaint. Without evidence, Respondent cannot meet its burden under Rules 13.223 and 

224(b). Dismissal of the complaint is therefore inappropriate. Respondent's denials and 

affirmative defenses serve only to create issues of fact, the resolution of which may require a 

hearing. 

Exhibits 

1) Respondent's Reply Form to Notice ofProposed Civil Penalty 

2) Respondent's Letter to Agency Attorney in Response toN otice of Proposed Civil 

Penalty (Redacted as statements made during compromise negotiations. See 

F.R.E. 408(a)(2)). 

3) Respondent's Request for Hearing. 

Conclusion 

Respondent has requested the Complaint be dismissed, but has failed to produce any 

evidence warranting dismissal or otherwise meeting its burden. Respondent's request fails to 

assert any facts or argue any law which would favor dismissal. Complaint moves the 

Administrative Law Judge to deny Respondent's request. 

Respectfully submitted this 29th day of August, 2012. 

L-;!;~ FAA Attorney 

JMH/nm 

MOTION OPPOSING RESPONDENT'S REQUEST FOR DISMISSAL 

FAA v. Leading Edge, Inc. 

FAA Case No. 2011NM070089, DMS No. FAA-2012-0783 

hge 3 of4 

JEFFREY M. HARPER, FAA ATTORNEY 

TEL: 425.227.1417; FAX: 425.227.1007 
CERTIFICATE OF SERVICE 

I hereby certify that the foregoing Motion Opposing Respondent's Request for Dismissal has 

been served via facsimile and Certified Mail- Return Receipt Requested this date, to the 

following: 

The Honorable Richard C. Goodwin 

Office of Hearings, M-20 

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

Washington, D.C. 20590 

TEL: (202) 366-2139 

FAX: (202) 366-7536 

Federal Aviation Administration (Original and one copy) 

800 Independence Avenue SW 

Washington, D.C. 20591 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building- Suite 2W1 000 

Fax: (202) 493-5142 

Fred C. Begy, Esq. 

Chuhak & Tecson 

30 South Wacker Drive, Suite 2600 

Chicago, IL 60606 

Tel: (312) 855-5442 

Fax: (312) 444-9027 

Dated this 29th day of August, 2012. 

)\otat~- ;71arr~)j Natalie Morrell 

Office of Regional Counsel (ANM-7) 

Federal Aviation Administration 

1601 Lind Ave. SW 

Renton, W A 98057 

(425) 227-2914 

MOTION OPPOSING RESPONDENT'S REQUEST FOR DISMISSAL 

FAA v. Leading Edge, Inc. 

FAA Case No. 2011NM070089, DMS No. FAA-2012-0783 

Page 4 of4 

JEFFREY M. HARPER, FAA ATTORNEY 

TEL: 425.227.1417; FAX: 425.227.1007 
REPLY FORM NOTICE OF PROPOSED CIVIL PENALTY 

Case Name: --,-,--:---c:c:-----

Case No. ;iu!l/t/r/1 c'/7cJo ff<j 

In reply to your Notice of Civn Penalty, I elect to proceed as indicated by my check mark beside the 

numbered paragraph below: 

1. [ ] l hereby submit the amount of the proposed civil penalty with the uriderstanding that an order 

assessing a civil penalty will be issued in that amount without further notice. l ALSO UNDERSTAND 

THAT I AM WAIVING MY RIGHT TO A HEARING. 

2. [ ·] I have paid the proposed civil penalty with a credit card over the Internet at the following 

website: https:/lwww.pay.gov. 

I understand that an order assessing a civil penalty will be issued fn the amount without further notice. 

I ALSO UNDERSTAND THAT I AM WAMNG MY RiGHT TO A HEARING. 

3. [ ] I hereby submit evidence and infonmation, demonstrating that a violation of the regulations did 

not occur or that the amount of the penalty is not warranted by the circumstances. 

4. [ ] I hereby submit information and records showing that I am financially unable to pay the 

proposed civil penalty, or that payment of the penalty would prevent me from continuing in business, 

5. [ ] I hereby request that a civil penalty be assessed in the amount of$. __ -:':;:-;-;;:-;-:---;;:-;:-;--

and l submit the reasons for the reduction. My request constitutes my agreement !hat ifthe FAA 

accepts this offer, an order assessing civil penalty in the amount I have specified may be issued 

without further notice. MY REQUEST ALSO CONSTITUTES MY AGREEMENT THAT l HAVE 

WAIVED MY RIGHT TO A HEARING IF MY OFFER IS ACCEPTED, IF THE FAA DOES NOT 

ACCEPT THIS OFFER, HOWEVER, MY RIGHT TO A HEARING IS NOT AFFECTED. 

6.a, 1><[ I hereby request a telephonic infonmal conference to discuss this matter with a FAA attorney. 

·(An attorney will call you at the telephone number you provide here: (','IJL3fi}:_/i_9§_~~-:_. You will 

be provided at least2 weeks advance notice of the date and time of this conference.)· NOTE: If you 

choose to discuss this matter 1nfonmally by telephone, you ·Should provide any documents or other 

information you wish to have considered on your behalf before the date of the infonmal conference, 

6.b. [ ! hereby request an in-person infonmat conference with a FAA attorney to discuss this matter 

at (choose a FAA office from the attached list). 

6.c. ! ] I hereby request an in-person infonmal conference with a FAA attorney to discuss this matter 

at .· I am requesting an in-person informal conference at this location 

because . I have 

also indicated an alternate location from the attached list under item 6.b. in the event the FAA is 

unable to grant my request under this option, 

7. [ ] I hereby request that the FAA impose a civil penalty withoutmaking findings of violations, and 

submit rny reasons. My request constitutes my agreement that if this offer is accepted, a compromise 

order will be issued in the amount set forth in the Notice of Proposed Civil Penalty. MY REQUEST 

Exhibit 1 
ALSO CONSTITUTES MY AGREEMENT THAT IF THIS OFFER IS ACCEPTED, I HAVE WAIVED 

MY RIGHT TO A HEARING. 

8. [ ] I hereby request a hearing in accordance with Subpart G of Part 13 of the Federal Aviation 

Regulations with the understanding that a Complaint will be filed. l request that the hearing be held in 

:;::;--:::::-;-..:--'7::--=---,.--:-:::---77:--:,-· I am sending th!s request both to the F M attorney at 

The Office of the Regional Counsel Northwest Mountain Region, and to the Federal Aviation 

Administration, 800 Independence Avenue, SW ., Washington, DC 20591, Attention: Hearing Docket 

Clerk, AGC-430, Wilbur Wright Building- Suite 2W1000. 

9. [ ] I hereby claim entitlement to a waiver of penalty under the Aviation Safety Reporting Program 

and enclose evidence that a timely report was filed. As to the allegations of fact and violations -

[ ] I request that an order assessing civil penalty with waiver of penalty be issued and I waive my 

right to a hearing. 

[ ] I request a hearing in this matter in accordance with paragraph 8, above. 

Signature: 

Name: 

Address: 

Telephone: 

Date: 

Case No.: 

[ ] I request that future documents in this case be sent to my rep-resentative: 

Name: 

Address: 

Telephone: 
23 April 2011 

Federal Aviation Administration 

Office of Regional Counsel 

1601 Lind Avenue SW 

Renton, WA 98057 

RE: FAA Case No. 2001NM070089 

Mr. Harper. 

LHUJHG HIE 

In response to your letter dated March 15, 2012 we would like to provide the following information. 

II 

II 

II 

II 

Exhibit 2 
JO South Wacker D~ive, Suite 2600, Chicago, Illinois 60606 

t:3124449300 [:3124449027 chllhilk.c"m 

Fred C. Begy, Ill 

Writer's Direct Line 

(312) 855-5442 

Writer's E-mail 

fbegy@chuhak.com 

July 12, 2012 

VIA FIRST CLASS U.S. MAIL, CERTIFIED MAIL-RETURN RECEIPT 

REQUESTED AND FEDERAL EXPRESS 

Federal Aviation Administration 

Attention: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building-Suite 2Wl 000 

800 Independence Avenue SW 

Washington, D.C. 20591 

Jeffery M. Harper 

FAA Attorney 

Federal Aviation Administration 

Office of Regional Counsel-ANM-7 

Northwest Mountain Region 

160 I Lind Avenue, SW 

Renton, WA 98057 

CHUHAK&TECSON,, ~1 ""~- --:·-~----·--·----- attorneys at law 

Re: Leading Edge Aviation, Inc.-Final Notice of Proposed Civil Penalty 

FAA Case No. 2011 NM 070089 

Dear Hearing Docket Clerk and Mr. Harper: 

Please be advised that Leading Edge Aviation, Inc. has retained our law fmn to represent it in connection 

with the referenced matter. Also, Leading Edge Aviation, Inc. hereby requests a hearing in connection with 

the referenced Final Notice of Proposed Civil Penalty, a copy of which is enclosed. Enclosed please find 

correspondence from Leading Edge Aviation, Inc. advising the FAA that it requests a hearing and has 

retained our law firm to represent it in this matter. 

Enclosures 

cc: Leading Edge Aviation, Inc .. 

Exhibit 3 

1817939\1\99999199999 
Leading Edge Aviation, Inc. 

63048 Powell Butte Road 

Bend, OR 9770 I 

July 12, 2012 

VIA First Class US. Mail, Certified Mail-Return Receipt Requested 

and Federal Express 

Federal Aviation Administration 

Attention: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building-Suite 2Wl000 

800 Independence Avenue SW 

Washington, D.C. 20591 

Jeffery M. Harper 

FAA Attorney 

Federal Aviation Administration 

Office of Regional Counsel-ANM"7 

Northwest Mountain Region 

1601 Lind Avenue, SW 

Renton, W A 98057 

Re: Leading Edge Aviation, Inc.-Final Notice of Proposed Civil Penalty 

FAA Case No. 2011 NM 070089 

Dear Hearing Docket Clerk and Mr. Harper: 

This correspondence is to advise the FAA that Leading Edge Aviation, Inc. hereby requests a 

hearing in connection with the above referenced Final Notice of Proposed Civil Penalty, a copy 

of which is enclosed. Also, this correspondence is to advise the FAA that Leading Edge 

Aviation, Inc. has retained the law firm ofChuhak & Tecson, P.C. to represent it in connection 

with this matter. 

Sincerely, 

Travis Warthen 

Registered agent for Leading Edge Aviation, Inc. 

1817918\1\99999\99999