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"SW^'fN i" OF 

^':;;';5^^iSW|^^.^DEPARTMENT OF TRANSPORTATION 

- -•'VII ttr.i (Ai IONS OFFirF, O F HFARINH S 

HEAR/NG DOCKET 

OFFICE OF HEARINGS 

- P ,-^ . ^ WASHINGTON, D.C. Ar>r> a . ^ 

i Jl X^H .jq P 3:QU APR 2 1 2811 

IN THE MATTER OF 

AIRLINE TRANSPORT PROFESSIONALS 

FAA DOCKET NO. [TO BE ASSIGNED] 

(Civil Penalty Action) 

[Judge Ronnie A. Yoder] 

FDMSFAA-2011-0289 

MOTION OF AIRLINE TRANSPORT 

PROFESSIONALS, INC. TO VACATE ORDER OF APRIL 13,2011 

COMES NOW, Airline Transport Professionals, Inc., and moves the court to vacate its 

Order of April 13, 2011 on the following grounds: 

1. In the first paragraph of the Order of April 13, 2011, the Order recites that the 

proceedings arise from a complaint served March 31, 2011; but no complaint by the 

FAA was timely served on the purported respondent in this case,' which has thirty 

(30) days from service of any complaint to file an answer. The effect of the Order of 

April 13, 2011, is to improperly and without just cause reduce the number of days 

within which the purported respondent may formulate an answer, since no complaint 

was timely served on the purported respondent in this action at this time; and the 

Order violates the purported Respondent's rights to due process of law, U.S. Const. 

amend. V, since the litigation involves protected property or liberty interest. Board of 

Regents v. Roth, 408 U.S. 564, 576, 92 S. Ct. 2701, 33 L. Ed 2d 548 1972; and the 

first paragraph of the Order is arbitrary, capricious, an abuse of discretion and not in 

accordance with law (5 USC § 706 (2)(A)), since the law gives the purported 

Respondent 30 days to answer a complaint, 14 C.F.R. § 13-209(a); and 

See Exhibit A attached, letter from purported Respondent's counsel to FAA counsel, April 18, 2011. 
2. Footnote No. 1 of the Order of April 13, 2011, declares that the purported respondent 

in this matter must file an amendment to its answer by May 13, 2011, but again, no 

complaint was timely served on the purported respondent; and 

3. There is no obligation on the purported respondent in this action to file an answer 

until thirty (30) days after service of the complaint in conformity with 14 C.F.R. § 

13.209(a). • 

4. The Order issued by Judge Ronnie A. Yoder of April 13, 2011, was issued based 

upon an assumption, and that assumption was that the FAA had timely served a 

complaint on the purported respondent in this matter, but that assumption is untrue;^ 

and 

5. Because the Court assumed that the FAA had served a complaint on the purported 

respondent, the Court then imposed obligations on the purported respondent that 

reduced the time within which the respondent may file an answer when no complaint 

had been timely served"* and that Order reduced the time within which the purported 

respondent may amend its answer when again, no complaint was timely served. The 

Court's Order of April 13, 2011 is arbitrary, capricious an abuse of discretion and 

contrary to law within the purview of 5 U.S.C. § 706(2)(A) and violates the purported 

Respondent's rights to the process of law, U.S. Const, amend. V, because it requires 

the purported Respondent to file an answer in less than 30 days when no complaint 

has been timely served on the purported Respondent, it requires the purported 

Respondent to answer in less than 30 days from, and it bars Respondent from 

amending any answer after May 13, 2011. 

^ Id. 

' Id. 

' Id 
6. The total effect of the Order of April 13, 2011, when combined with the fact that the 

FAA did not timely serve a complaint in this action, is to deprive the purported 

respondent of a protected property or liberty interest in violation of its right to due 

process of law under the Fifth Amendment to the Constitution of the United States of 

America. See Board of Regents v. Roth, 408 U.S. 564, 576, 92 S. Ct. 2701, 33 L. Ed. 

2d 548 (1972). 

WHEREFORE, the purported Respondents in this case. Airline Transport Professionals, 

Inc. prays as follows: 

1. That the Order of April 13, 2011 be vacated; 

2. That the purported Order of April 13, 2011 be vacated to the extent it 

gives the purported respondent in this matter less than thirty (30) days to 

formulate its answer in violation of 14 C.F.R. § 13.209(a); and 

3. That footnote no. 1 of the Order of April 13, 2011 be vacated to the extent 

it purports to impose a duty on the purported Respondent to file an 

amendment to its answer by May 13, 2011 when the complaint in this case 

was not timely served on the purported respondent; and 

4. That the purported Respondent have and receive such additional and 

further relief as the court deems just and proper in the premises. 

[signature next page] 

-3 
th Respectfiilly submitted this 19'" day of April 2011 

Alan Armstrong ^ 

Georgia Bar No. 022075 ( 

Attorney for Airline Transport ^ 

Professionals, Inc. 

Alan Armstrong Attorney at Law 

2900 Chamblee Tucker Road 

Building 5, Suite 350 

Atlanta, GA 30341 

P: 770.451.0313 

F: 770.451.0317 

alan@alanarmstronalaw.com 

4-
(770 ) 451-031 3 

F AX (770 ) 451-031 7 

ALAN ARMSTRONG 

ATTORNEY AT LAW 

PAR K RTDGE B S OFFICE PAR K 

BTTDLUDSTG 5 , 200 0 CHAMBLEE-TUCKE R ROAD 

ATLANTA., GEORGLA 3034 1 alan@alanatmsttonglaw.cota 

ww.alanatmstronglaw.cotn 

April 18, 2011 

Via Facsimile (404) 305-5223 

and Regular Mail .. 

Gerald Ellis, Esq. 

Office of Regional Counsel 

Federal Aviation Administration 

1701 Columbia Avenue 

Room 530 

College Park, GA 30337 

Re: Airline Transport Professionals, Inc. 

FAA Case No. 2008EA210042 (N304BK) 

FAACase No. 2008EA210045 (N575AT) 

Dear Gerald: 

I have an Order from Chief Judge Ronnie Yoder of April 13, 2011, declaring that 

the FAA served a Compliant in this matter on March 31, 2011. I have not received any 

Complaint, either in FAA Case No. 2008EA210042 or 2008EA210045. If, in fact, the 

Agency did serve a complaint on March 31, 2011, would you be so kind as to send a copy 

of the Complaint to me? 

Thank you for your assistance vrith this matter. 

Best regards. 

AA/scb 

Alan Armst 

cc: Judge Ronnie A. Yoder (via Facsimile) 

Jim Koziarski, Airline Transport Professionals, Inc. (via email) 
® 

TRANSMISSION V-'ERIFICATION REPORT 

TIME : 04/18/2011 16:53 

NAME : ALAN ARMSTRONG 

FAX : 7704510317 

TEL : 7704510313 

SER.tt : BROB7J611154 

DATE,TIME 

FAX NO./NAME 

DURATION 

PAGE(S) 

RESULT 

MODE 

04/18 16:52 

12023567536 

00:00:49 

02 

OK 

STANDARD 

ECM 

2900 Chamblee -Tucker Road 

Building 5, Suite 350 

Atlanta, Georgia 30341 

Phone; 770.451.0313 

Fax: 770.451.0317 

E-MAIL ADDRESS: alanarmstronqgbbellsouth.net 

Alan Armstrong 

Attorney at Law 

Fax 

TO: Honorable Ronnie A. Yoder 

FROM: Alan Armstrong, Esq. 

Fax: 202-366-7536 

Pages: 2 

Date: 4-lS-H 

Cominents Airline Transport Pmfessionals 

* "•"- . 

D Urgent D For Review D Please Comment • Please Reply 

1 

CONFlDENnALiry NOTE 

Tlie information contained in this facsimile message is legally privileged and confidential Information Intended only 

for the use of the individual named above. If the reader of this message is hot the intended redpient, you are 

hereby notified that any use, dissemination, distribution or copy of this telecopy is strictly prohibited. If you have 

received this telecopy in enx>r, please immediately notify us by telephone and return the original message to us at 

the above address. 
TIME : 04/18/2011 16:54 

NAfC : ALAN ARMSTRONG 

FAX : 7704510317 

TEL : 7704510313 

SER.« : BROB7J611154 

DATE,TIME 

FAX NO./NAME 

DURATION 

PAGE<S> 

RESULT 

MODE 

04/18 16:54 

4043055223 

00:00:24 

02 

OK 

STANDARD 

ECM 

2900 Chamblee -Tucker Road 

Building 5, Suite 350 

Atlanta, Georgia 30341 

Phone: 770.451.0313 

Fax: 770.451.0317 

E-MAIL ADDRESS: alanarmstronq@beilsouth.net 

Alan Armstrong 

Attorney at Law 

F^x 

TO: Gerald Ellis, Esq. 

FROM: Alan Armstrong, Esq. 

Comments Airline Transport Professionals 

Fax: 

Pages 

Date: 

404.305-5223 

: 

4-15-2011 

•'•*.-'.\ 

D Urgent P For Review n Please Comment D Please Reply 

CONFIDENTIALITY NOTE 

The information contained in this facsimile message is legally privileged and confidential information intended only 

for the use of the individual named above. If the reader of this message is not'the Intended recipient, you are 

hereby notified that any use, dissemination, distribution or copy of this telecopy is strictly prohibited. If you have 

received this telecopy in error, please immediately notify us by telephone and return the original message to us at 

the above address. 
U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

IN THE MATTER OF 

AIRLINE TRANSPORT PROFESSIONALS 

FAA DOCKET NO. [TO BE ASSIGNED] 

(Civil Penalty Action) 

[Judge Ronnie A. Yoder] 

FDMS FAA-2011-0289 

CERTIFICATE OF SERVICE 

I hereby certify that the foregoing MOTION OF AIRLINE TRANSPORT 

PROFESSIONALS, INC. TO VACATE ORDER OF APRIL 13, 2011 has been served via 

Federal Express and Facsimile to: 

Gerald A. Ellis, Esq. 

Federal Aviation Administration 

Office of Regional Counsel 

1701 Columbia Avenue, Room 530 

College Park, Georgia 30037 

th Respectfully submitted this 19 day of April 2011 

C ^ ' 

Alan Armstrong 

Georgia Bar No. 022075 

Attorney for Airline Transport 

Professionals, Inc. 

Alan Armstrong Attorney at Law 

2900 Chamblee Tucker Road 

Building 5, Suite 350 

Atlanta, GA 30341 

P: 770.451.0313 

F: 770.451.0317 

alan(a) alanarmstronglaw.com 

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