10/15/2015 05:23 4252271007 

DAVrD F. SHAYNE 

FAA OFFICE OF REGIONAL COUNSEL 

1601 LrND AVE., SW 

RENTON, W ASHJNGTON 98057 

TELEPHONE: (425)227-2165 

FACSiMILE: (4:25) 227-1007 

ANM7 

. UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS 

WASHINGTON, D.C. 

In the Matter of: 

William A. Curtright Docket No. FAA-2015-1319 

FAA Case No. 2014NM090046 

Judge J. E. Sullivan 

PAGE 02/04 

COMPLAINANT'S RENEWED MOTION TO DEEM ALLEGATIONS ADMITTED AND 

TO DISMISS APPEAL 

NATURE OF MOTION 

In accordance with 14 Code of Federal R~gulations (C.F.R.) § 13.218(£)(5) 

(Rule 13.218(£)(5)), the Complainant renews this Motion to Deem Allegations Admitted and to 

Dismiss Appeal. There are no genuine issu.es of material fact, as Respondent has failed to answer 

the Complaint. The Complainant is entitled to a decision as a matter oflaw. 

BASIS FOR REQUESTED RELIEF 

In support of this Motion, FAA states as fo.llows: 

l. On May 6, 2015, the FAA filed its Final Notice of Proposed Civil Penalty in this 

case. 

2. On May 11, 20 15, the Respondent filed a. written request for a hearing. 

3, On May 19,2015, the FAA filed its Complaint, specifically advising Respondent 

that, under Section 13.209(a) of the Rules of Practice, an Answer to the 

COMPLAINANT'S RJ:CNJ:.WSD MOTJON TO DEEM 

ALLEGATIONS ADMITTED AND TO .DISMISS 

.APPEAL 

.FAA v. Willi•m A. Cliitright 

Docket No. FAA-2015-1319 

FAA Case No.2014NM090046 

Page I of3 

DAVID F. SHA.YNE) FAA ATTORNEY 

TEL; (425) 227·~165; FAX; (425) 227-1007 
10/15/2015 05:23 4252271007 ANM7 PAGE 03/04 

Complaint was due to be filed no later than thirty (30) days after service ofthe 

Complaint (in this case, no later than June 19, 20 15) and that failure to file · 

without good cause shall be deemed an admission of e~.ch allegation. 

4. Respondent, as of this date, has still not filed an Answer to the Complaint 

Under Section 13.209(f) of the Rules ofPra.ctice, failure to file an Answer within the time 

prescribed by the Rules shall be deemed an admission of the truth of each allegation contained in 

the Complaint. 

WHEREFORE, the FAA respectfully requests that the Administrative Law Judge issue 

an Order, finding all of the allegations in the Complaint in this case to be admitted, and an Order 

dismissing Respondent's appeal for failure to file an Answer. 

CONCLUSION 

For the reasons stated above, the appeal in this matter should be dismissed due to 

Respondent's failure to file an Answer to the Complah1t, and that Respondent be ordered to comply 

with Complainant's Final Notice of Proposed Civil Penalty as the final Order in this case. 

Respectfull~itted this !51

h day of October 2015. 

/i / 

I ) J 

Ui?~ . DAVTI3'F. SHAYNE 

FAA Attorney 

COMPLAINANT"S RENEWED MOTION TO DEEM 

ALLEGATIONS ADMITTED AND TO DISMISS 

APPEAL 

FAA v. William A. Currright 

.Oock•l No. FAA-2015-1319 

FAA Case No. 20 14NM090046 

J?oge 2 of 3 

DAVtoF. SHAYNE. FAAATTOR.Nf..:Y 

TEL: (425) 227-2165; fAX; (425) 227·1 007 
10/15/2015 05:23 4252271007 ANM7 PAGE 04/04 

CERTIFICATE OF SERVICE 

I hereby certify that the foregoing Complainant's Renewed Motion to Deem Allegations 

Admitted and to Dismiss Appeal has been served via facsimile and/or certified mail - Retutn Receipt Requested this date, to the following: 

JudgeJ.E. Sullivan 

U.S. Adm.inistrative Law Judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

1200 New Jersey Ave., S.E. (ElI -31 0) 

Washington, D.C. 20590 

Fax: (202) 366-7536 

Federal Aviation AdministrEtion (Original and one copy) 

800 Independence Avenue SW 

Washington, D.C. 20591 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building- Suite 2WIOOO 

Fax: (202) 267-1293 

William A. Curtright 

P.O. Box 1350 

Jefferson, OR 97352 

Dated this l5'h day of October 2015. 

-- . ~-(i0::l 

K1rk 

ir(~· 

e of Regwnal Counsel (ANM-7) 

Federal Aviation Administration 

1601 Lind Ave. SW 

Renton, W A 98057 

(425) 227-2007 

COMfL-AINA."H'S RENEWED .MOTION TO DEEM 

ALLEGATIONS ADMJITED AND TO DISMISS 

APPEAL 

PAA v. William A. Curtright 

Docket. No, FAA-2015-1319 

FAA Case No. 20 14NM090046 

P•gc 3 of3 

DAVID F, SHA YNI!, FAA ATTORNEY 

TEL: (425) 227-2165: FAX: (425) :127-1007 
10/15/2015 05:23 4252271007 ANM7 

FACSIMILE MESSAGE 

DAVID .F. SHAYNE 

FEDERAL AVIATION ADMINISTRATION 

OFFICE OF ~EGIONAL COUNSEL 

ANM-7 

1601 LIND A VENUE S.W. 

RENTON, WASHINGTON 98057 

PAGE 01/04 

The information contained in this facsimile message is legally privileged and confidential 

information and is intended only for the use of the individual named on this cover sheet. 

If the reader of this message is not the intended recipient, you are hereby notified that any 

usc, dissemination, distribution, or copy of this facsimile is strictly prohibited. !fyou 

have received this facsimile in error, please immediately notify us by telephone at 

425-227-2007. 

DATE: 

TO: 

FAX NO.: 

PHONE NO.: 

CURTRIGHT 

October 15, 2015 

FAA 

Hearing Docket Clerk 

(202) 267-1293. 

NO. PAGES: 4 including cover 

FROM: David F. Shayne 

FAX NO.: 

PHONE NO.: 

425-227-2165 

425-227-2160 

RE: I Email: l 

F AA-2015-1319 .-....,..---,---:-----_j 

RENEWED MOTION TO DISMISS