UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS

WASHINGTON, D.C.

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

### * 

# RECEIVED NOV 24 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 DEEMALLEGATIONS ADMITTED AND TO ISSUE ORDERASSESSING CIVIL PENALTY 

### To: The Honorable Richard C. Goodwin andto 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 ofthe sanction pursuant to Section 13.218(a) and 13.209(f) of the Rules of Practice. This motion is based onthe fact that no answer has beenfiled by Respondent. Section 13.209(f) ofthe Rules ofPractice [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 ofJeffKarnberg). 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 ofthe 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 ofreceipt. (A copy ofthe 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 Complainantfrom Respondent. Respondent was advised ofthe 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" attachedhereto and incorporated by this reference). Moreover, in accordance with established office procedure, a copy of the Rules of Practice applicable inthese cases was enclosed with the Notice ofProposed Civil Penalty served June 23,2014. (See attached declaration ofJeffKamberg.)

2In view ofthe 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 limitedto the issue ofthe amount ofthe sanction. Respectfully submitted, Naomi Tsuda Regional Counsel

NOV 13 2014

3CERTIFICATE OF SERVICE
I hereby certifythat onthis date Ihave faxed andplacedinthe 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 2Wl000 FAX (202) 493-5020 The Honorable Richard C. Goodwin Administrative LawJudge Office ofHearings, M-20 U.S. Department ofTransportation 1200 NewJersey Avenue, S.E. (E11-310) Washington, DC 20590 VIAFACSIMILE: (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 90810 Aneesah Cleveland, Resondent's Representative 3370 Adriatic Avenue #2A Long Beach, CA 90810 Dated: November 18, 2014

## q_x;~-----79----~

# ---- JeffKamberg Legal Technician Office ofthe Regional Counsel Federal Aviation Administration Western-Pacific Region Hawthorne, California



### 4DECLARATION OF JEFF KAMBERG I, JeffKamberg, 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 ofthe 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 ofthe front and back ofPS Fonn 3811 are attached as Exhibit "B." 3. It is established office procedure to enclose a copy ofthe Rules ofPractice applicable in

these cases to the Respondent with the Notice ofProposed Civil Penalty. 4. On June 23, 2014, the Respondent was served with the Notice ofProposed Civil Penalty,

and a copy ofthe Rules ofPractice for Civil Penalty cases.

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https:/ /tools.usps.com/go/TrackConfirmAction!input.action?tRef=qt&tlc=O&tlabels.=70140150000... 10/20/2014UNITED STATES POSTAL SERVICE 

# IIIIII 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. DepartmentofTransportation FederalAviationAdministration 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

## ~ure .CI ' item 4 if Restricted Delivery is desired. /&!)

## ~ 1••

## fJ{ ·h /!fl. 0 Agent 111 Print your name,and ·address on the reverse 

# " 0 Addressee ! so that we can return the card to you. B. Received by (Printed Name) C. Date of Delivery :, 

# .. Attach this card to the back ofthe mailpiece,

or on thefront if space permits. D. ·Is delivery address different from item 1? DYes 1. Article**Acld~ssed** ta: IfYES, enter delivery address belOw: 0 No JosephTerrell Brown 3370Adriatic Avenue#2A Long.Beach, CA90810 ' 3. Service Type 

### '**~Certified** MaWB> D Priority Mall**Express'~** 

### ' '.[ D Registered D Return Receipt for Merchandise 1 D Insured Mail 0 Collect on Delivery 4. ReStrlcteil Delivery? (Extra Fee) DYes 2. Article Number {Transferfrom service label) 7014 0150 DODO 1103 0160 PS Form 3811, July 2013 Domestic Return Receipt

CJ CJ CJ CJ CJ 1.11 .-'1 Posimark Here 

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### OCT

- 7 

### 2014 Western-Pacific Region Office ofthe 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: Inthe Matter ofJoseph Terrell Brown; FAA Case No. 2014WP050026 Enclosed is a copy ofarequest for hearing postmarked September 24, 2014, received by our office on September 25,2014, andthe original and one copy ofthe Complaint inthe abovereferenced proceeding. I request thatthe hearing inthis matter beheld in the Los Angeles, Californiaarea, and expectthatthe hearing will last one (1) day. Please address all communications for the Regional Counsel ofthe Western-Pacific Region, to the undersigned, at: Office ofthe Regional Counsel, AWP-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: Requestfor Hearing; Complaint; Certificate ofService NOTE TO RESPONDENT: SECTION 13.209 OF THE CP RULES OF PRACTICE REQUIRE THATA WRITTEN ANSWERTO THE COMPLAINT BE FILED NOT LATER THAN 30 DAYS AFTER SERVICE OF THE COMPLAINT. AS AN ALTERNATIVE TO FILING ANANSWER, A MOTION MAYBE FILED PURSUANT TO SECTION 13.208(0) OR SECTION 13.218(F)(l-4) OF THE RULES OF PRACTICE.**~""'-""""** 

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