## U.S. DEPARTMENT OF TRANSPORTATION Office ofHearings 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 1which purports to be the Respondent's "Written answer to the Complaint". A copy ofthe 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 ofservice attached to the complaint is clear onthis fact. 14 C.P.R.§ 13.209(a) requires that the Respondent file an answer not later than 30 days after service ofthe complaint. 14 C.F.R. § 13.211(e) allows for an additional 5 days to be added to this time when service ofthe 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 ofExhibit 1will reveal that it is undated and there is no certificate ofservice attached. Therefore, in accordance with 14 C.P.R. § 13 .211(d) we must look to the postmark next. An examination ofExhibit 2 reveals thatthe USPS affixed a postmark indicating that the answer was mailed on September 6, 2014. Consequently, the date ofservice ofthe answer is September 6, 2014, 12 days late. 

### 2. The Answer is notDated or Signed
14 C.P.R. § 13.209(a) also requires thatthe "answermay be in the form ofa letterbutmustbe datedandsignedby theperson responding to the complaint" (emphasis added) Again, an examination ofExhibit 1reveals that Vyas did not date or sign his answer to the complaint. Consequently, the answer fails to meet two ofthe 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 ofthe complaint. Any statement or allegation contained inthe complaint that is not specifically denied in the answer may be deemed an admission ofthe truth of that allegation. A general denial ofthe complaint is deemed a failure to file an answer. An examination ofExhibit 1 will showthat Vyas has stated, with regard to each factual allegation inthe complaint that:
I am without sufficientknowledge or information to admit or deny this alledged (sic) violation. 23 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 onNovember 1, 2013, after which he was metby police. Vyas either suffers from amnesia or has failed to answer the complaint. Given that he has not claimed a real loss ofmemory, his evasion ofthe all allegations is in bad faith and should constitute a general denial and failure to answer. Therefore, all ofthe allegations shouldbe 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 ofthe truth ofeach allegation contained inthe 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 ofthe truth ofeach allegation contained inthe complaint in accordance with 14 C.P.R.§§ 13.209(±).
2. The Respondent's answer fails to meet two ofthe 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 ofthe truth ofeach allegation contained inthe complaint in accordance with 14 C.P.R.§§ 13.209(±).
3. The Respondent's answer, fails to admit, deny, or state thatthe 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 ofthe truth ofeach allegation contained in the complaint in accordance with I4 C.P.R.§§ 13.209(±).

### 4. That as a result ofeach ofthe 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 ofSeptember 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 ofHearings 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 answerto the Complaint: The written request for ahearing was said to be received on June 15'h, 2010. 

### 44040 Laurel Canyon Way Fremont, CA 94539



### 1. I am without sufficientknowledge or information to admit or deny this alledged violation. 2. I am without sufficientknowledge or information to admit or deny this alledged violation. 3. I 

### am withOut sufficient lmowledge or information to admit or deny this alledged violation. 4, I 

### am without sufficientknowledge 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 sufficientknowledge 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 sufficientknowledge or information to admit or denythis alledgedviolation. 9. I 

### am without sufficientknowledge or information to admit or deny this alledgedviolation. 1

0. I 

### am without sufficient knowledge or information to admitor deny this alledged violation. 11. I 

### am without sufficientknowledge or informationto admit or deny this alledgedviolation. 12. I 

### am without sufficientknowledge or information to admit or deny this alledged violation. Regards, AnkitVyas

## U.S. DEPARTMENT OF TRANSPORTATION Office ofHearings 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 

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## Certificate ofService I hereby certifY that the foregoing Motion to Strike Answer and Deem Allegations Admitted, with Exhibits, has been mailed this 23'd day ofSeptember 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 LawJudge Office ofHearings, M-20 U.S. Department ofTransportation 1200 New Jersey Avenue, S.E. (Ell-310) Washington, D.C. 20590 Telephone (StaffAssistant): 202-366-5121 FAX: 202-366-7536 One Copy to: Mr. Ankitrameshchandra Vyas 44040 Laurel Canyon Way Fremont, CA 94539 Datedthis 23'd day ofSeptember 2014.

Yol da Quiles Leg Technician Office ofthe Regional Counsel FAA Great Lakes Region 7