U.S. DEPARTMENT OF TRANSPORTATION 

Office of Hearings 

Washington, D.C. 

Ankitrameshchandra Vyas 

FDMS No. FAA 2014-0410 

(EIR 2014-GL-33-0029) 

(Civil Penalty Action) 

Administrative Law Judge Richard C. Goodwin 

Complainant's Motion to Strike Answer 

And 

Deem Allegations Admitted 

On July 21, 2014, the Agency Attorney filed his Complaint in this matter and properly served the 

Respondent Ankitrameshchandra Vyas, (Vyas). On September 9, 2014, the Agency Attorney 

received the document attached hereto as Exhibit 1 which purports to be the Respondent's 

"Written answer to the Complaint". A copy of the envelope that Vyas mailed the complaint to 

the Agency Attorney is attached hereto as Exhibit 2. 

The Agency Attorney moves the assigned Administrative Law Judge to strike the Respondent's 

answer for the following reasons: 

1. Late Filed Answer 

As mentioned above and as is clear in the record, the Agency Attorney filed and served the 

Complaint on Vyas on July 21,2014. The certificate of service attached to the complaint is clear 

on this fact. 14 C.P.R.§ 13.209(a) requires that the Respondent file an answer not later than 30 

days after service of the complaint. 14 C.F .R. § 13.211 (e) allows for an additional 5 days to be 

added to this time when service of the complaint is by mail. Therefore, Vyas was required to file 

his answer no later than August 25, 2014, 35 days after the complaint was served. 
An examination of Exhibit 1 will reveal that it is undated and there is no certificate of service 

attached. Therefore, in accordance with 14 C.P.R. § 13 .211 (d) we must look to the postmark 

next. An examination of Exhibit 2 reveals that the USPS affixed a postmark indicating that the 

answer was mailed on September 6, 2014. Consequently, the date of service of the answer is 

September 6, 2014, 12 days late. 

2. The Answer is not Dated or Signed 

14 C.P.R. § 13.209(a) also requires that the "answer may be in the form of a letter but must be 

dated and signed by the person responding to the complaint" (emphasis added) Again, an 

examination of Exhibit 1 reveals that Vyas did not date or sign his answer to the complaint. 

Consequently, the answer fails to meet two of the mandatory requirements of 14 C.P.R.§ 

13.209(a). 

3. Respondent's Answer is insufficient 

14 C.P.R.§ 13.209(e) requires that, 

A person filing an answer shall admit, deny, or state that the person is without 

sufficient knowledge or information to admit or deny, each numbered paragraph 

of the complaint. Any statement or allegation contained in the complaint that is 

not specifically denied in the answer may be deemed an admission of the truth of 

that allegation. A general denial of the complaint is deemed a failure to file an 

answer. 

An examination of Exhibit 1 will show that Vyas has stated, with regard to each factual 

allegation in the complaint that: 

I am without sufficient knowledge or information to admit or deny this alledged 

(sic) violation. 

2 
3 

The allegations to which he claimed insufficient knowledge or information included, that he was 

on board a United Airlines flight from New York to Chicago on November 1, 2013, after which 

he was met by police. Vyas either suffers from amnesia or has failed to answer the complaint. 

Given that he has not claimed a real loss of memory, his evasion of the all allegations is in bad 

faith and should constitute a general denial and failure to answer. Therefore, all of the 

allegations should be deemed as admitted under 14 C.P.R.§ 13.209(f) which states that a 

"person's failure to file an answer without good cause shall be deemed an admission of the truth 

of each allegation contained in the complaint". 

Prayer for Relief 

WHEREFORE, the Agency Attorney, respectfully requests that the Administrative Law 

Judge make t.~e following findings: 

1. The Respondent failed to file his answer within the time required by 14 C.F .R. §§ 

13.209(a) and 13.21l(e), that he has not demonstrated good cause for his failure, and therefore 

his failure is deemed an admission of the truth of each allegation contained in the complaint in 

accordance with 14 C.P.R.§§ 13.209(±). 

2. The Respondent's answer fails to meet two of the mandatory requirements of 14 C.F .R. § 

13.209(a) and therefore is legally insufficient. Further, he has not demonstrated good cause for 

this insufficiency, and therefore his failure to file a legally sufficient answer is deemed a failure 

to file an answer and an admission of the truth of each allegation contained in the complaint in 

accordance with 14 C.P.R.§§ 13.209(±). 

3. The Respondent's answer, fails to admit, deny, or state that the person is without 

sufficient knowledge or inform<:tion to admit or deny, each numbered paragraph ofthe complaint 

in good faith and therefore constitutes a general denial and is deemed a failure to file an answer 

in accordance with 14 C.F .R. § § 13 .209( e) and an admission of the truth of each allegation 

contained in the complaint in accordance with I4 C.P.R.§§ 13.209(±). 
4. That as a result of each of the findings made above that the Respondent's Answer is 

stricken and each allegation contained in the complaint is deemed as admitted. 

Respectfully submitted this 23'd day of September 2014. 

c 

Senior Attorney 

Federal Aviation Administration 

Great Lakes Region, AGL-7K 

2300 East Devon Avenue 

Des Plaines, IL 60018 

Phone: (847) 294-7713 

Fax: (847) 294-7498 

4 
U.S. DEPARTMENT OF TRANSPORTATION 

Office of Hearings 

Washington, D.C. 

Ankitrameshchandra Vyas 

FDMS No. FAA 2014-0410 

(EIR 2014-GL-33-0029) 

(Civil Penalty Action) 

Administrative Law Judge Richard C. Goodwin 

Complainant's Motion to Strike Answer 

And 

Deem Allegations Admitted 

Exhibit 1 

5 
Docket#: FAA2014-0410 

Reference: AGL-7K 

2014- GL- 33-0029 

Written answer to the Complaint: 

The written request for a hearing was said to be received on June 15'h, 2010. 

44040 Laurel Canyon Way 

Fremont, CA 94539 

1. I am without sufficient knowledge or information to admit or deny this all edged violation. 

2. I am without sufficient knowledge or information to admit or deny this alledged violation. 

3. I am withOut sufficient lmowledge or information to admit or deny this all edged violation. 

4, I am without sufficient knowledge or information to admit or deny this alledged violation. 

5. I am without sufficient knowledge or information to admit or deny this alledged violation. 

6. I am without sufficient knowledge or information to admit or deny this alledged violation. 

7. I am without sufficient knowledge or information to admit or deny this alledged violation. 

8. I am without sufficient knowledge or information to admit or deny this all edged violation. 

9. I am without sufficient knowledge or information to admit or deny this all edged violation. 

1 0. I am without sufficient knowledge or information to admit or deny this alledged violation. 

11. I am without sufficient knowledge or information to admit or deny this all edged violation. 

12. I am without sufficient knowledge or information to admit or deny this alledged violation. 

Regards, 

AnkitVyas 
U.S. DEPARTMENT OF TRANSPORTATION 

Office of Hearings 

Washington, D.C. 

Ankitrameshchandra Vyas 

FDMS No. FAA 2014-0410 

(EIR 2014-GL-33-0029) 

(Civil Penalty Action) 

Administrative Law Judge Richard C. Goodwin 

Complainant's Motion to Strike Answer 

And 

Deem Allegations Admitted 

Exhibit 2 

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Certificate of Service 

I hereby certifY that the foregoing Motion to Strike Answer and Deem Allegations Admitted, 

with Exhibits, has been mailed this 23'd day of September 2014, by First Class Mail, to: 

Original and One Copy to: 

Hearing Docket 

Federal Aviation Administration 

800 Independence Avenue, S. W. 

Room924A 

Washington, DC 20591 

(Attn: Hearing Docket Clerk) 

One Copy to each: 

The Honorable Richard C Goodwin 

Administrative Law Judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

1200 New Jersey Avenue, S.E. (Ell-310) 

Washington, D.C. 20590 

Telephone (Staff Assistant): 202-366-5121 

FAX: 202-366-7536 

One Copy to: 

Mr. Ankitrameshchandra Vyas 

44040 Laurel Canyon Way 

Fremont, CA 94539 

Dated this 23'd day of September 2014. 

Y ol da Quiles 

Leg Technician 

Office of the Regional Counsel 

FAA Great Lakes Region 

7