12-138 

RECEiVED 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

MAR l 7 2015 

HEARING DOCKET 

FEDERAL AVIATION ADMINISTRATION, Docket No.: FAA-2014-0807 

Complainant, FAA Case No. 2011 S0190272 

vs. Judge: J.E. Sullivan 

PAZ AVIATION, INC., Location of Hearing: Miami, FL 

Respondent. 

_________________________ ./ 

RESPONDENT'S REPLY MEMORANDUM REGARDING RESPONDENT'S 

MOTION TO DISMISS 

Respondent, PAZ AVIATION, INC. ("Respondent"), by and through its 

undersigned counsel, and in accordance with this Court's Order setting the Briefing 

Schedule, hereby submits its reply to the Administrator's Response to Respondent's 

Motion .to Dismiss on the basis of laches . 

. As the Administrator correctly states, Respondent has the burden of proof to show 

it has been prejudiced when seeking to dismiss an action on the basis of laches. See In Re 

Matter of AirZ Flying Servic~, Inc. 2011 FAA LEXIS 278, September 29,2011. ' ,q' 

However, in this case, Respondent met that burden. Respondent filed an affidavit of its 

officer, Jay Allen, attesting to the facts that witnesses have been lost and the availability 

of documents lost, thereby prejudicing its ability to defend the Administrator's action. 

This prejudice results from the over three (3) year lapse between when the Administrator 

issued its Letter oflnvestigation on June 23,2011 (Administrator's Brief page 2) and 

whe)l it issued its Notice of Proposed Civil Penalty on September 24, 2014 

(Administrator's Brief page 2). 

McDONALD & McDONALD. P. A., P. 0. Box 669122, Miami, FL 33166-9428 

TEL.: (305) 643-5313, FAX: (305) 643-4990; E-1\1AIL: dmm@Mcdonaldattorneys.com 
Docket No.: F AA-2014-0807 

Respondent's Motion to Dismiss supported by the affidavit of Mr. Allen shifted 

the burden of going forward with the evidence to the Administrator. The Administrator 

has completely failed to meet this burden. In response to the Respondent's Motion, the 

Administrator had filed a Memorandum arguing that it timely brought the action. 

Unfortunately, this position is unsupported by any evidence whatsoever. In an attempt to 

prop up its position, the Administrator attaches the Items of Proof from the Enforcement 

Investigative Report ("EIR"). Unfortunately, all these documents are hearsay and 

embedded hearsay and none are supported by even the simplest of affidavits stating that 

the documents are true and accurate copies of the investigative file and supplying any 

evidentiary basis for their admission. As such, the entire attachment to the 

Administrator's response to the Motion to Dismiss has zero evidentiary value. 

In conclusion, the Respondent has met its evidentiary burden showing prejudice 

as a result of the FAA's failure to timely bring this action. The FAA has completely 

failed to show any evidence contradicting that prejudice. As a result, the record only 

supports dismissal of this action on the basis of laches. 

WHEREFORE, Respondent, PAZ AVIATION, INC., prays that this Court 

dismiss the above styled cause, with prejudice, and such further relief as this Court deems 

equitable or just. 

Respectfully submitted, 

McDONALD & McDONALD 

~~~tJ"~~~si,~~!~-~ 

2 

McDONALD & McDONALD. P. A., P. 0. Box 669122, Miami, .FL33166-9428 

TEL.: (305) 643-5313, FAX: (305) 643-4990; E-MAIL: dmm@Mcdonaldattorneys.com 
Docket No.: FAA-2014-0807 

CERTIFICATE OF SERVICE 

I HEREBY certify that the original and one copy of the foregoing was faxed and 

mailed this 121

h day of March, 2015 to: 

Hon. J.E. Sullivan, Administrative Law Judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

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

Washington, DC 20590 

202-366-6941 

202-366-7536- fax 

Hearing Docket Clerk 

FAA, AGC-430, Suite 2W1000 

Wilbur Wright Building 

800 Independence Avenue, SW 

Washington, DC 20591 

202-267-1293 -fax 

William Vines, Attorney 

Federal Aviation Administration 

Office of the Regional Counsel, AS0-7 

Southern Region 

1701 Columbia Avenue 

College Park, GA 30337 

404 305-5200 -tel. 

404 305-5223 -fax 

Complainant's Counsel 

Paz Aviation, Inc. 

c/o Jay Allen, President 

7455 W 2"d Court 

Hialeah, FL 33014-4301 

Respondent 

g:Apps\2012\12138\Reply Memorandum 

3 

(original + 1 copy) 

McDONALD & McDONALD, P.A. 

Attorneys for Respondent 

P 0 Box 669122 

Miami, FL 33166-9428 

(305) 643-5313/(305) 643-4990- fax 

dmm@Mcdonaldattorneys.com 

~·i#U~~atek!;~~M,L) avid M. McDonald 

Fla. Bar No. 0844380 

McDONALD & McDONALD. P. A., P. 0. Box 669122, Miami, FL 33166-9428 

TEL.: (305) 643-5313, FAX: (305) 643-4990; E-.MAIL: dmm@Mcdonaldattorneys.com