UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

*********************************************** 

* 

RECEIVED 

NOV 2 4 2014 

HEARING DOCKET 

In the Matter of Joseph T. Brown * FDMS No. FAA-2014-0690 

* 

Respondent. * FAA Region: Western-Pacific 

* 

* Judge: Richard C. Goodwin 

* 

* 

*********************************************** 

MOTION TO DEEM ALLEGATIONS ADMITTED 

AND TO ISSUE ORDER ASSESSING CIVIL PENALTY 

To: The Honorable Richard C. Goodwin and to Respondent herein: 

COMES NOW, the Regional Counsel of the Western-Pacific Region of the 

Federal Aviation Administration (FAA), by and through his counsel, and files this 

Motion to Deem Allegations Admitted and to Issue Order Assessing Civil Penalty, or in 

the alternative, to deem allegations admitted and to limit the hearing to the amount of the 

sanction pursuant to Section 13.218(a) and 13.209(f) of the Rules of Practice. This 

motion is based on the fact that no answer has been filed by Respondent. 

Section 13.209(f) of the Rules of Practice [14 C.F.R. Section 13.209(f)] states, "A 

erson's failure to file an answer without good cause shall be deemed an admission to th 

truth of each allegation contained in the complaint." The complaint in this case was 

served on October 7, 2014. (See attached declaration of Jeff Karnberg). The Complaint 

was served by certified mail, return receipt requested, and tracking information from the 

United States Postal Service indicates it was delivered on October 8, 2014. (A copy of 
the tracking confirmation is attached hereto as Exhibit "A" and incorporated herein by 

this reference.) On October 14, 2014, the Agency received PS Form 3811 with an 

unintellible signature as having received the Complaint, although there was no date 

indicating the date of receipt. (A copy of the green card is attached hereto as Exhibit "B" 

and incoported herein by this reference.) Pursuant to Rule 13.211 (14 C.F.R. § 13.211), 

the date of service is the date on the proof of service, and after service by mail, an 

additional 5 days is added to the prescribed period for a response. Accordingly, an 

answer was due on or before November 12, 2014. To date, no answer has been received 

by Complainant from Respondent. 

Respondent was advised of the requirement to tile an answer in the cover letter 

which accompanied the complaint. In specific, the one-page cover letter included the 

following paragraph: 

"NOTE TO RESPONDENT: SECTION 13.209 OF THE CP RULES OF 

PRACTICE REQUIRE THAT A WRITTEN ANSWER TO THE COMPLAINT BE 

FILED NOT LATER THAN 30 DAYS AFTER SERVICE OF THE COMPLAINT. AS 

AN ALTERNATIVE TO FILING AN ANSWER, A MOTION MAY BE FILED 

PURSUANT TO SECTION 13.208(D) OR SECTION 13.218(F)(l-4) OF THE RULES 

OF PRACTICE." (See Exhibit "C" attached hereto and incorporated by this reference). 

Moreover, in accordance with established office procedure, a copy of the Rules of 

Practice applicable in these cases was enclosed with the Notice of Proposed Civil Penalty 

served June 23,2014. (See attached declaration of JeffKamberg.) 

2 
In view of the above, Complainant moves that the allegations in the complaint be 

deemed admitted, and an Order Assessing Civil Penalty be issued in the amount of 

$7,700.00. Alternatively, it is moved that the allegations be deemed admitted and the 

hearing be limited to the issue of the amount of the sanction. 

Respectfully submitted, 

Naomi Tsuda 

Regional Counsel 

NOV 13 2014 

3 
CERTIFICATE OF SERVICE 

I hereby certify that on this date I have faxed and placed in the United States mail, 

postage prepaid, certified mail, the executed original of the MOTION TO DEEM 

ALLEGATIONS ADMITTED AND TO ISSUE ORDER ASSESSING CIVIL 

PENALTY, addressed as follows: 

Federal Aviation Administration 

800 Independence Avbenue, S.W. 

Washington, DC 20591 

Attention: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building- Suite 2Wl 000 

FAX (202) 493-5020 

The Honorable Richard C. Goodwin 

Administrative Law Judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

1200 New Jersey Avenue, S.E. (E11-310) 

Washington, DC 20590 

VIA FACSIMILE: (202) 366-7536 

I further certify that on this date I have placed in the United States mail, postage 

prepaid, certified mail, a true copy of the MOTION TO DEEM ALLEGATIONS 

ADMITTED AND TO ISSUE ORDER ASSESSING CIVIL PENALTY, addressed 

as follows: 

Joseph Terrel Brown, Respondent 

3370 Adriatic Avenue #2A 

Long Beach, CA 9081 0 

Aneesah Cleveland, Resondent' s Representative 

3370 Adriatic Avenue #2A 

Long Beach, CA 90810 

Dated: November 18, 2014 

q_x;~-----79----~ ---- JeffKamberg 

Legal Technician 

Office of the Regional Counsel 

Federal Aviation Administration 

Western-Pacific Region 

Hawthorne, California 

4 
DECLARATION OF JEFF KAMBERG 

I, Jeff Kamberg, declare as follows: 

All matters stated herein are within my own personal knowledge, and if called as a witness, I 

could, and would competently testify thereto, except for those matters stated upon information and belief, 

and as to those matters, I believe them to be true: 

I. I am a legal technician in the Office of the Regional Counsel, Federal Aviation 

Administration, Western-Pacific Region. 

2. On October 7, 2014, the original Complaint was served on Joseph Terrell Brown, 3370 

Adriatic Avenue #2A, Long Beach CA 90810 by certified mail, return receipt requested (7014 

0150 0000 1103 0160). The Complaint was delivered. A true copy of the tracking printout 

from the USPS website is attached as Exhibit "A." 

3. On October 14,2014, the Agency received the signed PS Form 3811 (green card) with an 

illegible signature thereon. A true copy of the front and back of PS Fonn 3811 are attached as 

Exhibit "B." 

3. It is established office procedure to enclose a copy of the Rules of Practice applicable in 

these cases to the Respondent with the Notice of Proposed Civil Penalty. 

4. On June 23, 2014, the Respondent was served with the Notice of Proposed Civil Penalty, 

and a copy of the Rules of Practice for Civil Penalty cases. 

I declare under penalty of perjury under the laws of the United States of America that the 

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UNITED STATES POSTAL SERVICE IIIII I First-Class Mail 

Postage & Fees Paid 

USPS 

Permit No. G-10 

• Sender: Please print your name, address, and ZIP+4® in this box• 

U.S. Department of Transportation 

Federal Aviation Administration 

P. 0. Box 92007, AWP-7.6 

Los Angeles, CA 90009-2007 

SENDER: COMPLETE THIS SECTION • COMPLETE THIS SECTION ON OELIVERY 

11 Complete Items 1, 2, and 3. Also complete 

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1. Article Acld~ssed ta: If YES, enter delivery address belOw: 0 No 

Joseph Terrell Brown 

3370 Adriatic Avenue #2A 

Long.Beach, CA 90810 

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PS Form 3811, July 2013 Domestic Return Receipt 

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U.S. Department 

of Transportation 

Federal Aviation 

Administration 

OCT - 7 2014 

Western-Pacific Region 

Office of the Regional Counsel 

P.O. Box 92007 

Los Angeles, CA 90009-2007 

Telephone: (310) 725-7117 

Facsimile: (310) 725-6816 

CERTIFIED MAIL- RETURN RECEIPT REQUESTED and FACSIMILE 

Federal Aviation Administration 

800 Independence Avenue, SW 

Washington, DC 20591 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building-- Suite 2W1000 

Fax:202-493-5142 

Re: In the Matter of Joseph Terrell Brown; FAA Case No. 2014WP050026 

Enclosed is a copy of a request for hearing postmarked September 24, 2014, received by our 

office on September 25,2014, and the original and one copy of the Complaint in the abovereferenced proceeding. 

I request that the hearing in this matter be held in the Los Angeles, California area, and 

expect that the hearing will last one (1) day. 

Please address all communications for the Regional Counsel of the Western-Pacific Region, 

to the undersigned, at: Office of the Regional Counsel, A WP-7.6, Federal Aviation 

Administration, Western-Pacific Region, P. 0. Box 92007, Los Angeles, CA 90009-2007, 

Telephone: (310) 725-7117, FAX: (310) 725-6816. 

Sincerely, 

NAOMI TSUDA 

Regional Counse 

By: 

ures: Request for Hearing; Complaint; Certificate of Service 

NOTE TO RESPONDENT: SECTION 13.209 OF THE CP RULES OF PRACTICE 

REQUIRE THAT A WRITTEN ANSWER TO THE COMPLAINT BE FILED NOT 

LATER THAN 30 DAYS AFTER SERVICE OF THE COMPLAINT. AS AN 

ALTERNATIVE TO FILING AN ANSWER, A MOTION MAY BE FILED PURSUANT 

TO SECTION 13.208(0) OR SECTION 13.218(F)(l-4) OF THE RULES OF PRACTICE. ~""'-"""" 

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