In the Matter of: 

RECEIVED 

UNITED STATES DEPARTMENTOF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, DC 

JAN l 7. 2012 

HEARING DOCKET 

Served: January 9, 2012 

FAA Docket No. (TO BE ASSIGNED) 

FDMS No. FAA 2011-1109 

Administrative Law Judge: J. E. Sullivan 

QUENTON T. BROWN 

COMPLAINANT'S MOTION TO DEEM 

ALLEGATIONS ADMITTED 

COMES NOW the Complainant in this 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 of Practice in FAA Civil Penalty Actions (14 C.F.R. Section 13.201 et 

seq.) hereby moves that the factual allegations contained in its Complaint in this case be deemed 

admitted. The Complaint was forwarded to the Hearing Docket on September 21, 2011. A copy was 

served on the Respondent on the same date. It was 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 of receipt was not entered next to the receipt signature 

"Diane Brown." 

LEGAL STANDARD FOR GRANTING MOTION 

1. Section 13.209(a) of the Rules of Practice 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 of the Complaint on the Respondent. 

2. Section 13 .209(f) states that: "A person's failure to file an answer without good cause shall be 

deemed an admission ofthe truth of each allegation contained in the complaint." (Emphasis 

added). 

3. The operative language in Section 13.209(f) is obligatory, not precatory. The allegations of a 

complaint must be deemed admitted absent a showing of good 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 on page 4 in its copy of the Complaint to 

Respondent dated September 21, 2011, specifically direct the Respondent's attention to the 

requirements of Section 13.209(b), as well as point out the consequences of failure to comply 

therewith, as stated in Section 13.209(£), of the Rules of Practice in FAA Civil Penalty Actions, a copy 

of which had previously been provided to the Respondent by the Complainant as a enclosure to its 

Notice of Proposed Civil Penalty (Notice) dated July 25,2011, which Notice 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 of service of the complaint upon him by the FAA as required by 

Section 13 .209(b) of the Rules. There is no reason to believe that the Respondent is not capable of 

understanding the plain meaning of the words used in the applicable Rules of Practice. Alternatively, 

Respondent was in a position to seek the assistance/ guidance from legal counsel in this matter. 

Nevertheless, as of the date of this motion, January 9, 2012, the Respondent has not yet filed an 

Answer. 

The foregoing notwithstanding, by Notice of Litigation Scheduling Telephone Conference 

(ALJ Notice 1) served on the parties on November 7, 2011, the Administrative Law Judge (ALJ) in 

this case directed the Respondent at page 2 of her 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 of her Order to tile a written Answer to the Complaint. Respondent failed a third 

time to file an Answer. 
On December 8, 2011, the ALJ in this case served her second Order on the parties and directed 

the Respondent at the bottom of page 1 of her Order to file a written Answer to the Complaint by no 

later than December 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 on four consecutive 

occasions. Moreover, Respondent has never claimed or asserted at anytime that he did not receive the 

subject Complaint, or that he did not receive the AU's Notice 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) of the Rules of Practice 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, Complainant respectfully requests that the allegations 

contained in the Complainant's Complaint be deemed admitted, and that any future hearing scheduled 

in this matter be limited to the issue of sanction. 

Dated this 91

h day of January 2012. 

Respectfully submitted, 

A Lester Haizlip 

Regional Counsel 

By: ,J/J ~;} l!.~- I 

1 

· 

;r~: h.OJVL I ___ . 

.

/{" . 

,y a Juv·• .. ~ 1/ &fM~ ~~ 

})r M~f"~. Camacho 

Senior Enforcement Attorney 

Federal Aviation Administration 

90 1 Locust Street, Room 506 

Kansas City, MO 64106 

(816) 329-3765; Fax (816) 329-3771 

ATTORNEY FOR COMPLAINANT 
Quenton T. Brown FDMS No. FAA 2011-1109 

CERTIFICATE OF SERVICE 

I hereby certify that I have this 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 in the 

United States mail, postage prepaid, a copy, addressed to: 

The Honorable J. E. Sullivan 

Administrative Law Judge 

U.S. Department of Transportation 

Office of Hearings, M-20 

1200 New Jersey Avenue, S.E. 

Washington, DC 20590 

FAX: (202) 366-7536 

I hereby certify that I have this date placed in tbe 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 2W1 000 

Dated this 9th day of January 2012. 

f1 n \.uoNch !du,Vt{;) ''l);;borah Hervey / 

Legal Assistant •