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

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Plane Lawin Plain English

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# 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 ofeven date for yourrecordation. A hard copy

### willfollow viaFed Extracking#8031 6133 2477. Enjoy the holiday weekend.


## VounCas J. 

## 13arnard;**~sq.** NOTICE TD RECIPIENT ALL THEPAGES WHICH CONSTITUTE THIS FACSIMILE TRANSMISSIONCONTAININFORMATION WHICHIS CONFIDENTIALAND COVERED BY ATTORNEY-cLIENT PRIJ1ILEGJ! Tile infonnation herein is intench:d solely forthe use ofthe persontowhom itiB adchessed or directed. Ifthe reader ofthis notice is not listed above, ar ifthe 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 reproduction of any or all ofthese pages is strictly prohibited. Ifyou have received this facsimile tranmriasion in error, please notifY us immediately and return the 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 admiltedro rhsz Di9trictof Columbia AFFILIATES WORLDWIDE 14695 AirportParkway, Ste. 6 Clearwater., Florida 33762**Email~** dougb@planelaw.com

Phone: (727} .259-0.224 Facsimile: (727)259-0223From: 

### To:12024935142 08/29/2013 08:07

UNITED STATES DEPARTMENT OF TRANSPORTATION FEDERALAVIATIONADMINISTRATION
In the Matter of: v. Civil PenaltyAction

AVIATION ENGINEERING CONSULTANTS, INC.,

## --------~--------------------~~' FDMS No. FAA-2013-0284 Case No. 2012CE440003 Judge: J.E. SULLIVAN

MOTIONTODISMISS FORFAILURETOJOIN INDISPENSABLEPARTY 

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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 Complaintinthis cause and as grounds therefore alleges: I) On or about July 30, 2013, the Federal Aviation Administration (FAA) served its Amended Complaint againstAviation Engineering Consultants, Inc. (AEC) inthis 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 ofthe offending parts into conunerce and the installation ofthese 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 ifAI is also the subject ofan FAA civil penalty action at Ibis 

### time. 5) IfAI is in fact the sui1ject ofsuch an action, the interests of judicial economy would best be served byjoining 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 ofthe FAA's Amended Complaint 

### that AI may be liable, in whole or in part for the civil penalties thatthe FAA seeks to recoverfrom AEC. WHEREFORE, AEC, respectfully requests this court enter an order dismissing the FAA's Amended Complaint forfailure tojoin 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 ofthe 

### foregoing was served via confirmed facsimile and overnight courier (FEDERAL EXPRESS) receipt# SEE BELOW, on the 29th day ofAugust, 2013, to: Mark Camacho, Esquire, Federal Aviation Administration, Office ofthe 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 ofthe 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.

FEDERALEXPRESS FAA Hearing Docket Clerk Hon. J

### .E Sullivan Mark Camacho, Esq. BY:_-::---:--::-=---:--::--:----- 

### Dougi..S J. Barnard, Esquire Fla. BarNo. 0928496 Plane Law, P.A. 14695 Airport Parkway, Suite 6 Clearwater, Florida 33762 Telephone: (727) 259-0224 Fax: (727) 259-0223 dougb@planelaw.com
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