### SERVED: NOVEMBER 7, 2012

U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS

WASHINGTON, DC
IN THE MATTER OF· 

### CORNERSTONE AVIATION, INC.

FAA DOCKET No. [TOBE ASSIGNED] (Civil Penalty Case) DMS FAA-2011-1293


### ORDER TO SHOW CAUSE The Federal Aviation Administration ("Complainant") filed a Motion for Decision and again, on November 7, 2012, a Renewed Motion for Decision ("Motion"). Complainant argues that Respondent Cornerstone Aviation, Inc. ("Respondent") has neither answered the Complaint nor sought an extension oftime to file an Answer. Nor has Respondent objected to Complainant's previous Motion for Decision. The Rules ofPractice in FAA Civil Penalty Proceedings, 14 C.P.R. §13.201 etseq. ("the Rules"), require an answer to be filed within 30 days ofservice ofthe Complaint; a failure to so file without good cause must under the Rules be deemed an admission ofthe truth ofeach allegation made in the Complaint. 14 C.P.R. §13.209. A deemed admission ofthe truth oftheComplaint's allegations amounts to a'determination that Complaintprevails in this enforcement action

.

.Respondent will be given one final opportunity to comply. WHEREFORE, it is ORDERED as follows: 1. On or before November 28,2012 (receipt date), Respondent shall file a response to this Order to Show Cause stating why the reliefrequested in Complainant's Motion should not be granted;

### 2

2. Onorbefore November 28, 2012 (receipt date), Respondent shall file an Answer to the Complaint;1 and : 3. Absent full and complete responses to Ordering paragraphs 1 and 2, Respondent may be sanctioned, including, but not limited to, allegations inthe Complaint may be deemed
· admitted; Respondent may beprecluded from introducing any evidence at the hearing

# ot~er than

personal testimony; Respondent's Request for Hearing may be dismissed; and/or a Default Judgment may be entered against Respondent inthe.full amount ofthe fine requestedbyithe Complainant inits Complaint.

# /0'MC,~ Richard C. Goodwin U.S. Administrative Law Judge Attachment

- Service List

I Rule 209(e), 14 C.F.R. § 13.209 (e), states: Aperson filing an answer shall admit, deny, or state thatthe person is without sufficientknowledge or information to admit or deny, each numberedparagraph ofthe complaint. Any statement or allegation!contained in the complaintthat is not specifically denied in the answermay be deemed an admission ofthe truth ofthat allegation. A general denial ofthe complaint is deemed a failure to file an answer. 13



### SERVICE LIST ORIGINAL & 

### ONE COPY Federal Aviation Administration 800 Independence Avenue, S.W. Washington, DC 20591 Attention: Hearing Docket Clerk, AGC-430 WilburWright Building-Suite2WI000 1 

### ONE COPY Susan 

### J. Horstman, ChiefExecutive Officer Cornerstone Aviation, Inc., 

### Respondent 337 North 2370 West #130 Salt Lake City, UT 84116 TEL: 801-355-2244 FAX: 801-355-2754 Jeffrey M. Harper, 

### Complainant's Counsel Attorney, Office ofthe Regional Counsel Northwest Mountain Region, ANM-7 Federal Aviation Administration 1601 Lind Avenue, S.W. ·Renton, W A 98057 TEL: 425-227-2161 FAX: 425-227-1007 The HonorableRichard C. Goodwin,



### Administrative Law Judge Office ofHearings, M..:.2o U.S. Department ofTransportation 1200 New Jersey Avenue, S.E. (Ell-310) Washington, DC 20590 TEL: 202-366-2139 Attorney-Advisor 202-366-5121 StaffAssistant FAX: 202-366-7536 FDMS No. FAA-2011-129:3 (Civil Penalty Action)

1 Service was by U.S. Mail. For service in person orby expedited courier, use the following address: Federal Aviation Administration, 600 Independence Avenue, S.W., Wilbur WrightBuilding-Suite 2W1000, Washington, DC 20591; Attention: HearingDocket Clerk, AGC-430.