From: To:12024935142 08/29/2013 08:07 11093 p. 0011003 

Plane Law in Plain English ... 

FAX========~====================· 

TO: FAA Docket Clerk 

FAX: (202) 493-5142 

PHONE: (202)385-8229 

RE: In~: Aviation Consultants, Inc. 

FROM: Douglas J. Barnard, Esq. 

PAGES: Three [3] (Including Cover) 

DATE: August 29, 2013 

CC: Hon. J .E. Sullivan/Marlc Camacho. Esq 

D Urgent ,0 For Review D Please Comment D Please Reply D Please Recycle 

Madam Clerk, 

Please refer to our enclosed pleading of even date for your recordation. 

A hard copy will follow via Fed Ex tracking#8031 6133 2477. 

Enjoy the holiday weekend. 

VounCas J. 13arnard; ~sq. 

NOTICE TD RECIPIENT 

ALL THE PAGES WHICH CONSTITUTE THIS FACSIMILE TRANSMISSION CONTAIN INFORMATION WHICH IS CONFIDENTIAL AND COVERED BY 

ATTORNEY-cLIENT PRIJ1ILEGJ! 

Tile infonnation herein is intench:d solely for the use of the person to whom it iB adchessed or directed. If the reader of this notice is not listed above, ar if the Yeader is not 

an emp1oree or agent responsible for delivering the facsimile transmission to the addressee, then you &n:~ beteby notified that any dissemination, distribution -or 

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original facsimile- transmission to us via. the postal servioe, We will n:imbmsc you for tJ:n: postage, Thank you. 

Douglas J. Barnard, Esq.* 

"'Al8o admilted ro rhsz Di9trict of Columbia 

AFFILIATES WORLDWIDE 

14695 Airport Parkway, Ste. 6 

Clearwater., Florida 33762 

Email~ dougb@planelaw.com 

Phone: (727} .259-0.224 

Facsimile: (727) 259-0223 
From: To:12024935142 08/29/2013 08:07 

UNITED STATES DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

In the Matter of: 

v. 

Civil Penalty Action 

AVIATION ENGINEERING CONSULTANTS, INC., 

--------~--------------------~~' 

FDMS No. FAA-2013-0284 

Case No. 2012CE440003 

Judge: J.E. SULLIVAN 

MOTION TO DISMISS FOR FAILURE TO JOIN INDISPENSABLE PARTY 

11093 P.002/003 

COMES NOW, AVIATION ENGINEERING CONSULTANTS, INC., by· and through their 

undersigned counsel, pursuant to Title 14 CFR Part 13 section 13.218(f)(2)(ii), and hereby files their 

Motion to Dismiss for Failure to Join in Indispensable Party (the "Motion") , in which to file their 

.. response to the Administrator's Amended Complaint in this cause and as grounds therefore alleges: 

I) On or about July 30, 2013, the Federal Aviation Administration (FAA) served its Amended 

Complaint against Aviation Engineering Consultants, Inc. (AEC) in this cause. 

2) Said Amended Complaint is replete with allegations that Avantair, Inc. (AI) a corporation 

conducting on-demand air •taxi operations pursuant to part 135 of the Federal Aviation 

Regulations (F ARs) was involved in the introduction of the offending parts into conunerce 

and the installation of these parts onto that certain Piaggio Avanti, Model P-180, a U.S. typecertificated civil aircraft. 

3) Given the allegations contained in the FAA's Amended Complaint, AI is an indispensable 

party to this litigation. 

4) It is unknown to respondent if AI is also the subject of an FAA civil penalty action at Ibis 

time. 

5) If AI is in fact the sui1ject of such an action, the interests of judicial economy would best be 

served by joining the two related cases based upon the fact that the allegations against AEC 

and AI are inextricably intertwined and doing so would avoid inconsistent rulings and 

duplication discovery and penalties. 

6) Additionally, AI should be joined to this litigation as it appears on the face of the FAA's 

Amended Complaint that AI may be liable, in whole or in part for the civil penalties that the 

FAA seeks to recover from AEC. 

WHEREFORE, AEC, respectfully requests this court enter an order dismissing the FAA's Amended 

Complaint for failure to join an indispensable party. •, . .:.-·· 
From: To: 12024935142 08/29/2013 08:07 11093 P.003/003 

CERTIFICATE OF SERVICE 

I hereby certUY that a true and correct copy of the foregoing was served via confirmed facsimile 

and overnight courier (FEDERAL EXPRESS) receipt# SEE BELOW, on the 29th day of August, 2013, 

to: Mark Camacho, Esquire, Federal Aviation Administration, Office of the Regional Counsel, Central 

Region, 901 Locust, R<lom 506, Kansas City, MO 64106-2641, facsimile: (816) 329-3711, and that this 

Motion (and one copy) and copy of the Administrator's Amended Complaint were flied this 29th Day of 

August, 2013, with the FAA hearing docket clerk, 800 Independence Ave. S.W., Attn: Hearing Docket 

Clerk, AGC-430, Wilbur Wright Building, Room 2014, Washington, D.C. 20591, facsimile: (202) 493-

5142, and the Hon. J.E. Sullivan, Administrative Law Judge, Office of Hearings, U.S. Department of 

Transportation, 1200 New Jersey Ave. S.E. (E11-310), Washington, D.C. 20590, facsimile: (202) 366-

7536. 

FEDERAL EXPRESS 

FAA Hearing Docket Clerk 

Hon. J .E Sullivan 

Mark Camacho, Esq. 

BY:_-::---:--::-=---:--::--:----- Dougi..S J. Barnard, Esquire 

Fla. Bar No. 0928496 

Plane Law, P.A. 

14695 Airport Parkway, Suite 6 

Clearwater, Florida 33762 

Telephone: (727) 259-0224 

Fax: (727) 259-0223 

dougb@planelaw.com 

TRACKING NUMBER 

8031 6133 2477 

8031 6133 2499 

8031 6133 2488