Inthe Matter of: 

# RECEIVED UNITED STATES DEPARTMENTOF TRANSPORTATION OFFICE OF HEARINGS WASHINGTON, DC 

## JAN l 7. 

## 2012 

# HEARING DOCKET Served: January 9, 2012 FAADocketNo. (TO BEASSIGNED) FDMS No. FAA 2011-1109 Administrative LawJudge: 

### J. E. Sullivan QUENTON T. BROWN

COMPLAINANT'S MOTION TO DEEM ALLEGATIONS ADMITTED COMES NOWthe Complainant inthis matter, the Federal Aviation Administration (FAA), by and through its Regional Counsel for the Central Region, and pursuant to Sections 13.209(b) and (f) and Section 13.218 ofthe Rules ofPractice inFAA Civil Penalty Actions (14 C.F.R. Section 13.201 et seq.) hereby moves that the factual allegations contained in its Complaint inthis case be deemed admitted. The Complaint was forwarded to the Hearing Docket on September 21, 2011. A copy was served onthe Respondent on the same date. Itwas received by Respondent at his former Orlando, Florida, address according to the USPS Domestic Return Receipt returned to the undersigned's office. The exact date is unknown because a date ofreceipt was not entered next to the receipt signature "Diane Brown." LEGAL STANDARD FOR GRANTING MOTION 1. Section 13.209(a) ofthe Rules ofPractice in FAA Civil Penalty Actions (14 C.F.R. Section 13.201 et seq.) requires a written answer to the complaint be filed no later than 30 days after service ofthe Complaint onthe Respondent. 2. Section 13 .209(f) states that: "Aperson's failure to file an answer without good cause 

### shallbe deemed an admission ofthetruth ofeach allegation contained inthe complaint." (Emphasis added). 3. The operative language in Section 13.209(f) is obligatory, not precatory. The allegations ofa complaint must be deemed admitted absent a showing ofgood cause. The threshold issue,therefore, is whether the party that has failed to file an answer can demonstrate good cause for the failure. This is the standard for ruling on Complainant's motion. ARGUMENT Notwithstanding that the Complainant did onpage 4 in its copy ofthe Complaintto Respondent dated September 21, 2011, specifically direct the Respondent's attention to the requirements ofSection 13.209(b), as well as point out the consequences offailure to comply therewith, as stated in Section 13.209(£), ofthe Rules ofPractice in FAA Civil Penalty Actions, a copy ofwhich had previously been provided to the Respondent by the Complainant as a enclosure to its Notice ofProposed Civil Penalty (Notice) dated July 25,2011, whichNotice and rules Respondent received at his former Orlando, Florida, address according to the USPS Domestic Return Receipt returned to the undersigned's office, Respondent failed to file an Answer (first failure) to the Complaint within thirty (30) days ofservice ofthe complaint upon him by the FAA as required by Section 13.209(b) ofthe Rules. There is no reason to believe that the Respondent is not capable of understanding the plain meaning ofthe words used inthe applicable Rules ofPractice. Alternatively, Respondent was in a position to seek the assistance/guidance from legal counsel inthis matter. Nevertheless, as ofthe date ofthis motion, January 9, 2012, the Respondent has not yetfiled an Answer. The foregoing notwithstanding, by Notice ofLitigation Scheduling Telephone Conference (ALJ Notice 1) served onthe parties onNovember 7, 2011, the Administrative Law Judge (ALJ) in this case directed the Respondent at page 2 ofher ALJ Notice to file a written Answer to the Complaint. Respondent failed a second time to flle an Answer. On November 23, 2011, the ALJ in this case served her Order on the parties and directed the Respondent at page 2 ofher Order to tile a written Answer to the Complaint. Respondent failed a third time to file an Answer.OnDecember 8, 2011, the ALJ in this case served her second Order on the parties and directed the Respondent atthe bottom ofpage 

### 1 ofher Order to file a written Answer to the Complaint by no later thanDecember 29, 2011. Respondent failed a fourth time to file an Answer. The Respondent has not shown, and cannot, show good cause for failing to follow the clear and simple directive to file his Answer to the Complaint not once or twice, but onfour consecutive occasions. Moreover, Respondent has never claimed or asserted at anytime that he did notreceive the subject Complaint, or that he did notreceive the AU'sNotice or Orders. Accordingly, the undersigned respectively avers t.hat 11te ALJ is duty-bound to implement the regulatory requirement set out in Section 13.209(f) ofthe Rules ofPractice in FAA Civil Penah)' Actions (14 C.F.R. Section 13.201 et seq.) and deem the alleged facts admitted. WHEREFORE, based on the foregoing, Complainantrespectfully requests that the allegations contained in the Complainant's Complaintbe deemed admitted, and that any future hearing scheduled inthis matterbe limited to the issue ofsanction. Dated this 91h day ofJanuary 2012. Respectfully submitted, A Lester Haizlip Regional Counsel By: 

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# })r**M~f"~.** Camacho Senior Enforcement Attorney Federal AviationAdministration 90 1Locust Street, Room 506 Kansas City, MO 64106 (816) 329-3765; Fax (816) 329-3771 ATTORNEY FOR COMPLAINANTQuenton T. Brown FDMS No. FAA 2011-1109

CERTIFICATE OF SERVICE I hereby certify that I havethis date placed in tbe United States mail, postage prepaid, a copy of COMPLAINANT'S MOTION TO DEEM ALLEGATIONS ADMITTED addressed to: Quenton T. Brown 2440 Woodwind Trail Melbourne, FL 32953 I hereby certify that I have this date provided a copy, via facsimile transmission, and placed inthe United States mail, postage prepaid, a copy, addressed to: The Honorable J. E. Sullivan Administrative Law Judge U.S. Department ofTransportation Office ofHearings, M-20 1200 New Jersey Avenue, S.E. Washington, DC 20590 FAX: (202) 366-7536 I hereby certify that I have this date placed intbe United States mail, postage prepaid, tbe original and 1 copy addressed to: Federal Aviation Administration 800 Independence Avenue, S.W. Washington, DC 20591 ATTN: Hearing Docket Clerk, AGC-430 Wilbur Wright Building, Suite 2W1000 Datedthis 9th day ofJanuary 2012. 

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