12/30/201 0 12:2 8 FAX 2024935142 FAA ^ DMS glOOI/OOB 

Michael Selig, MD, FACC, CFI-H 

2816 0refield Road 

Allentown, PA. 18104 

CFRART^IENT OF 

•^•-^'^^SPORTATION 

' B OPERATIONS OEC 2 ! a n 

51 '^EARING D">CKET riifi nrr ~ r 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C, 

Federal Aviation Administration 

Cynthia DorTiinik. Laura Pcnto, 

Laionya Wiiliams 

Complainants 

M & R Helicopters, LLC. 

Respondent 

FAA Case: No: 200950950434 

Federal Docket. No: 2010-1211 

RESPONDENT'S MOTION FOR JUDGMENT TO DISMISS 4 

FAILURE TO RESPOND OR MEET FILING DEADLINES ON 8 PLEADINGS 

AND NOW, comes respondent, MICHAEL B. SELIG, MD, FACC, CFI-H, 

principle for M & R Helicopters, LLC, (MRH) (non-operational since 2009) whom 

avers and files the following MOTION FOR JUDGMENT since the co^-^^'.o'.-.cr.'i 

have failed to respond or answer filing deadlines in accordance to §13.218(d). 

1. On July 21, 2009, FAA Officers, Latonya Williams and Kimmy Poon 

appeared for an initial inspection at the joint office of Lifeline Cardiology and 

MR Helicopters, LLC. 

2. The alleged violation tor Mr Baker according to Ms Williams Inspector 

Statement lOP 9 record, was due to "inability to find FAA approved drug and 

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alcohol testing progrom information for Flight Methods". Mr Baker was not 

employed by Flight Methods, but by Air Methods Corporation, therefore Ms 

Williams erred in this fundamental fact driving the violation. 

3. Ms Williams failed to perform with due diligence and in good faith an 

investigation confirming that Mr Baker was not on a drug and alcohol program, 

the sole premise for driving the violation. Counsel is bound by judicial estoppels 

for any otHe" c'cims. 

4. On October 21, 2010, MRH was served with a Final Notice of Proposed 

Civil Penalty, citing a potential fine of $5400 (Fifty Four Hundred Dollars). This 

occurred over 1 year later, past the statue of limitations and therefore time 

barred. 

5. On October 27, 2010 a certified letter was sent to Ms Ponto requesting 

discovery. To date no objection or production has been received past the 30 

day deadline and In violation to § Rule 13.220(d). 

6. On November 24, 2010, a letter was faxed and sent to Ms Pontos 

deportment reminding them of outstanding issues, not oddi-essed ''• ^^o ^C dcy 

deadline period in violation to §13.218(d) or in the 30 day deadline period, in 

violation to § Rule 13.220(d) (Exhibit 1-fax confirmation sheet). 

7. On November 27, 2010, Preliminary Objections was faxed and 

submitted to Ms Pontos department, to which no objection or answer was 

submitted in the 10 day deadline period in violation to §13.2l8(d) Exhibit 1-fax 

confirmation sheet). 

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12/30/2010 12:28 FAX 2024935142 FAA UHi 

8. On November 27, 2010, a letter to Ms Pontos department was faxed 

and sent, reminding her of the requested hearing transcripts (Exhibit 1-fax 

confirmation sheet). 

9. On November 29, 2010, a Motion and Brief to Quash, Strike or Dismiss 

Complaint was faxed and sent to Mr Pontos department, to which no objection 

or answers have been received within the 10 day deadline under § Rule 

13.220(d) '^x^'b'' • -TCX ccnfirmiaTion sheer). 

10. Now in addition to the above 5 documents that have not been 

objected to or answered to this dote, on November 30, 2010, a motion to Strike 

Allegation was faxed and sent to Ms Pontos department to vvhich no objection 

or answer was received within the 10 day deadline under § Rule 13.220(d) 

(Exhibit 1-fax confirmation sheet). 

11. On December 1, 2010, a Motion for Deposition of Latonya Williams 

was faxed and sent to Mr Pontos department, to which no objection or answers 

have been received within the 10 day deadline under § Rule 13.220(d 

12. On December 2, 2010, a Motion to Compel Discovery wcs 'cxeo' 

and .sent to Mr Pontos department, TO which no objection or answers have been 

received within the 10 day deadline under § Rule 13.220(d). 

11. There Is no reason for counsel to not be able to respond to any 8 of 

the above deadline dates In accordance to the FAA Rules ot Civil Penalty 

Proceedings 14 C.F.R. §13.16 and subpart G, as the Office of Chief Counsel 

employs many attorneys, handles thousands of violations yearly and therefore 

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alternatives are readily available to cover or substitute for vacation, illness or 

other reasons. 

12. This case does not have exclusive authority of only Ms Ponto, as 

there hove already been other Intervening attorneys that have reviewed or 

been involved in the case, including Peter Lynch, Esq., (letter October 21, 2010, 

(exhibit 1), Charies Raley, Esq. (October 1, 2010 telephone hearing, transcript.s 

outstanding!, Ms Cynif^ic Z;c~-;r;k, =sq. iTeiepnone call December 8, 2010), 

therefore, there is no excuse or reason for absent or late filing of objections or 

answers under any premise for all the above 8 documents. 

13. Defendant does not agree to any form of continuance as the case 

basis is frivolous at best from the onset, due to insufficiency, erred claims and 

now multiple procedural mishaps. 

WHEREFORE, the respondent prays that this Honorable Court will grant the 

Motion for judgment to dismiss the case due to unresponsive ond absent filings 

in accordance lo Rules § 13.220(d) and § 13.220(d). 

Respectfully Submitted, 

Michael B. Selig, MD, FACC, CFI-H 

Date \\\\ C^^A"^ 

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12/30/2010 12:28 FAX 2024835142 FAA + DMS gl006/006 

U.S. DEPARTMENT Of TRANSPORTATION 

Federal Aviation Administration 

Cynthia Dominik, Laura Ponto, Latonya Williams 

Complainants 

M & R Helicopters. LLC. 

Respondont 

FAA Case 2009SO950434 

V. 

CERTIFICATE OF SER' 

I HEREBY CERTIFY that I have this day servt foregoing entriofsl 

RESPONDENT S MOTION FOR JUDGMENT TO DISMISS 4 

FAILURE TO RESPOND OR MEET f-ILING DFADLINI^S ON 8 PLEADINGS 

upon all parties of record in this proceeding, in accordance with the requirements of Rule 29 

pursuant to 28 U. .S. C. § 1746 , 

Service by firsl-closs mail, postqqe preooid, addressed os follows: 

Federal Aviation Administration 

800 Independence Avenue, SW 

Wilbur Wright Avenue-Suite 2W1000 

Washington, D.C. 20691 

Aft: Hearing Docket Clerk, AGC-43 0 

The Honorable Ronnie A. Yoder 

US Department of Transportation 

Ofrice ot Hearings, M-20, Room El2 320 

1200 New Jersey Avenue. S.E. 

Washington, DC 20590 

Cynthia Dominik, Esq, 

Enforcement Division/AGC-300 

Oiflce J-" :;~.e C'ler Counsel 

FAA 

800 Independence Avenue, SW 

yyaSMngton, DC 20591 

''V^'AX202 267 5I06 

By:. 

Michael B. Selig, MD, FAC C 

2816 Orefield Rood 

Allentown. Po. 18104 

610 360 3953 

Date: 

O 

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