12/04/2015 09:32 4252271007 

DAVID F. SBAYNE 

FAA OFFICE OF REGIONAL COUNSEL 

1601 LIND AVE., SW 

RENTON, WASHINGTON 98057 . 

TELEPHONE: (425) 227-2165 

FACSIMILE: (425) 227-!007 , 

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 

COMPLAINANT'S RESPONSE TO THE ALJ'S ORDER OF NOVEMBER 19, 2015 

Complainant hereby responds to the ALJ's Order of November 19,2015, in the abovecaptioned matter as follows: 

1. Unsigned Complaint. The Complainant in this matter appears to have inadvertently 

fi.led an unsigned Complaint and indotng so, failed to comply with 14 CF.R. 

13.207(a). That defect is corrected with the signed Complaint attached hereto. 

However, a .minor procedural defect in filing the Complaint does not excuse 

Respondent's failure to file aJl Answer, see, so.g,_, Sumpter v. Atkins, 2013 WL 

4016494 (US Dist. Ct. B.D. MI 2013)(upholding the validity of a warrant issued on 

the basis of a procedurally defective criminal complaint); Ranneva v. Soc. Sec. 

Admin, 416 Fed. Appx 702, 703 (1oth Cir. 2011) (lack of handwritten signature does 

not invalidate a judicial order); which, in contrast, is a material and substantive 

PAGE 02/11 

FAA v _ William A Curtri.ght 

Docket No. FAA-2015·1319 

FAA Case No. 2014NM090046 

Page 1 of4 

D.AVJD F. SHAYNE, FAA ATTORNEY 

TEl-: (425) 227·2165; FAX: (42S) ;m-1007 
12/B4/2015 09:32 4252271007 ANM7 PAGE 03/11 

procedural rule intended to inform the tribunal and opposing parties what 

Respondent's position is regarding tl1e pending matter in controversy. See,~ In Re 

Issei, DMS No. FAA-2005-21396 (2005) (noting that the purpose of an Answer is to 

give fair notice of the position. a respondent will assert at a hearing). Respondent's 

claim iliat the lack ofhandVvniten signature on ilie Complaint itself caused him to 

believe he did not need to file an Answer is disingenuous. While the Complaint itself 

was not signed, the cover letter to the Complaint was signed by counsel of record and 

the Certificate of Service was likewise signed by another FAA employee, There is no 

question but that the FAA intended to fL!e a Complaint in this matter. 

2. Failure to comply with 14 C.F.R. 13.2Q9((f). Respondent argues he did not understand 

he needed to comply with. 14 C.F.R. 13.209((±). TIJ.e notion that Prose respondents 

should not be held to a standard of compliance has been rejected consistently by the 

Administrator; see ln Re Barbera, FDMS No. FAA-2013-2083 (2015), 

3. Factual issues. Respondent raises arguments that address the underlying merits of the 

case. As stated above, the whole point of an Answer is to provide adequate notice as 

to whether Respondent agrees or disagrees Vvi.th each of the allegations set forth in t11e 

Complaint. A general denial does not meet the requirement. 14 C.F.R. 13.209(f). T11e 

underlying merits of the matter are to be resolved through litigation if Complainant's 

Motion to Dismiss is denied, but have no bearing on whether Respondent has 

complied with 14 C.P.R. l3.209(f), and what the consequence of lack of compliance 

therewith should be. 

FAA v _ William A. Cwtright 

Docket No. F AA-20 15·1319 

FAA C~so No. 2014NM090046 

Page 2 of 4 

.DAVID F. SHAYNE, FAA ATTORNEY 

TEL: (425) 227-2165; FAX: (425) 227-1007 
12/04/2015 09:32 4252271007 ANM7 PAGE 04/11 

For the reasons stated above and previously set forth, Complainant requ.ests its Motion to 

Dismiss the appeal be granted. 

submitted this 4th day of December 2015. 

D _ F. SHAYNE 

FAA Attorney 

Attachment: Signed Complaint 

FAA v. William A Curtright 

Docket No. FAA-2015-1319 

FAA Case No. 2014NM09004o 

!'age 3 of 4 

DAVID F. SHATh"E, fAAAT1"0Ri'!'OY 

TEL: (425) 227-2165; FAX: (425) 227-1007 
12/04/2015 09:32 4252271007 AN~I7 

CERTIFICATE OF SERVICE 

I hereby certifY that the foregoing Complainant's Supplemental Pleading has been served as 

designated by the recipient this date, to the following: 

Judge J.E. Sullivan (Facsimile and First Class Mail) 

U.S. Administrative Law Judge 

Office ofHearings, M"20 

U.S. Department of Transportation 

1200 New Jersey Ave., S.E. (E11-310) 

Washington, D.C. 20590 

Fax: (202) 366-7536 

Federal Aviation Administration (Facsimile and First Class Mail) 

800 Jndependence Avenue SW 

Washington, D.C. 20591 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building- Suite 2W1000 

Fax: (202) 267-1293 

William A. Curtright (First Class Mail) 

P.O. Box 1350 

Jefferson, OR. 97352 

Dated this 4th day of December 2015. 

erri Kirk 

Office of Regional Counsel (ANM-7) 

Federal Aviation Administration 

1601 Lind Ave. SW 

Renton, WA 98057 

(425) 227-2007 

PAGE 05/11 

FAA v. William A Curtrlght 

Docket No. FAA-2015-1319 

FAA Case No. 2014NMD90046 

Page 4 of4 

DAVTO F. SJ~T.AYl'l'E, fAA ATTORNrY 

TEL: (425) 227·2165; FAX: (425) 227-1007 
12/04/2015 09:32 4252271007 

U.S. -Department 

of Tran•pnrtation 

Federal Avialinn 

Administration 

May 19,2015 

ANH7 

Northwsst Mountoln Region 

Office cf Regional Counsel 

Colorado, Idaho, Montana, 

Oregon, Utah, Washington, 

Wyoming 

1601 Lind Avenue S.W. 

Renton, W~shington 98057 

Tel: (425) 227-2165 

Fax: (425) 227-1007 

david.f.shayne@faa.gov 

VIA FACSIMILE AND CERTIFIED MAIL- RETURN RECEIPT REQUESTED 

Attn: Hearing Docket Clerk, AGC-430 

Hearing Docket 

Federal Aviation Administration 

(Wilbur Wright Bldg -·Room 2Wl 000) 

800 Independence Avenue S.W. 

Washington, D.C. 20591 

Re: In the Matter of William A. Curtright, FAA Case No. 2014:NM090046 

Enclosed is an original and one copy of a request for hearing and Complaint for the abovereferenced proceeding. 

The Federal Aviation Administration (FAA) requests that the hearing in this matter be held in 

Portland, Oregon, a!ld expects that the hearing will last one (1) day. 

PAGE 05/11 

For scheduling purposes, FAA Attorney, David F. Shayne will be unavailable June 24,2015, through July 2, 2015; September 14, 15, 23, 28, and 29, 2015; and October 5 and 6, 2015. 

Please address aU communi. cations for the FAA to the undersigned at: 

Since 

I 

DFS/tek 

Federal Aviation Administration 

Northwest Mountain Region, ANM-7 

1601 Lind Avenue S.W. 

Renton, Washington 98057 

Telephone: (425) 227-1847 

FAX: (425) 227-1007 

Enclosmes: Request for Hearing (Appeal) 

Complaint 
12/04/2015 09:32 4252271007 

DAVID F. SHAYNE 

FAA OFFJCE OF REGJONAL COUNSEL 

160\ LIND AVE,, SW 

RENTON, WASHINGTON 9 8057 

TELEPHONE; (425) 227-2165 

FACSJMILE; (425) 227-1007 

ANH7 PAGE 07/11 

UNITED STATES OF AMERICA 

DEPARTMENT OF l'RANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

ln the Matte1: of: 

William A. Cmtright FAA Case No. 20 14NM090046 

Judge Not Assigned 

JUDGE NOT ASSIGNED: 

COMPLAINT 

The Federal Aviation Administration (FAA), by com"oel, hereby files its Complaint, 

pursuant to Rule 208 o£the Rules of Practice (14 Code of Federal Regulations (C.F.R) Section 

13 .208), and states as follows: 

L 

On May 6, 2015, William A. Curtright was advised through a Final Notice of Proposed 

Civil Penalty that the FAA proposed to assess a civil penalty in the amount of $11,000. On May 

11,2015, Mr. Curtright submitted a written request for a hearing. 

II. 

).. William A. Ctrrtright was and at all times material hereto was the owner and/or 

operator of a Piper Model PA-18135, a U.S. register~d civil aircraft, N949JP. 

2. On or about July 1, 2014, an Aviation Safety Inspector (AS!) from the Portland Flight 

Standards District Office wrote Mr. Curtright a letter demanding that he provide 

COMPLAJNT 

PAA v. William A. Curtright 

FAA CI!Se No. 2014NM090046 

Page 2 o( 5 

DAVID F. SHAYNE, fAA ATTORNJ;Y 

TEL: (425) 227·2165: FAX: (425) ~27·1007 
12/04/2015 09:32 4252271007 ANM7 

aircraft weight and balance, and aircraft and engine maintenance logbooks for 

N949.TP. 

3. Mr. Curtright sent two emails and a letter acknowledging that he was awoo:e of the 

demand. 

4, As of this time, Mr. Curtright has failed to provide the maintenance records 

referenced above. 

!II. 

PAGE 08/11 

l. By reason of the foregoing facts and circumstances, Mr. Curtright violated Section 91.417 

(c) of the Federal Aviation Regulations (14 Code of Federal Regulations (C.F.R.)) in that 

he owned or operated an aircraft for which he failed to make all maintenance records 

required to be kept by this section available for inspection by the Administrator. 

2. In accordance with Sections 4630l(a) and (d) of Title 49 of the United States Code 

(U.S.C.) (Transportation) [49 U.S. C. Sections 4630l.(a) and (d)), Mr. Curtright is liable 

for a civil penalt-y not to exceed $1!,000 for each of the violations noted. 

3. Under the facts and circumstances of this case, a civil penalty of $11,000 is appropriate. 

WHEREFORE, the Agency, by counsel, respectfully requests that the Administrative 

Law Jndge enter an Order that Wi.lliam A. Cu.rtright be assessed a civil penalty in the amount of 

$11,000. 

Respc~mitted this 191

h day of May 2015. 

fl_/ 

Da.vilF. Shayne 

FAAAttomey 

COMPLArNT 

FAA v, William A- Curtright 

fAA Caso No. 20!4NM090046 

Pag,3of5 

DAVlDf. SHAYNE. F AAATTORNOY 

TEL (425) 117·2.\65; FAX: (425) 227-1007 
12/04/2015 09:32 4252271007 ANM7 

ANSWER 

In accordance with Section 13.209 ofthe Federal Aviation Regulations, William A. Curtright, 

m11st answer this Complaint not later than thirty (30) days from the time it is served. Failure to 

file an Answer within thirty (30) days without good cause shall be deemed an admission of the 

truth of each allegation contained in the Complaint [14.C.F.R. § 13.209(£)]. 

PAGE 09/11 

COMPLAINT 

FAAv. WilHam A. Curt1'ight 

fAA Case No. 2Q 14NM090046 

Page 4 of 5 

DAVJD F. SHAYNE! FMATTORN~Y 

TEL: (425) 227·2165: FAX: (425) 227-1007 
12/04/2015 09:32 4252271007 ANM7 PAGE 10/11 

CERTIFICATE OF SERVICE 

l hereby certify that the foregoing Complaint has been served via facsimile and/or certifi~d mailReturn Receipt Requested this date, to the following: 

COMPLAINT 

Federal Aviation Administtation (01iginal and one copy) 

800 Independence Avenue SW 

Washington, D.C. 10591 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur W1ight Building- Suite 2Wl000 

Fax: (202) 267-1293 

Williatn A, Cm-ttight 

P.O. Box 1350 

Jefferson, OR 97352 

Dated this 19u' day of May 2015. 

-·-'', ' ") ' 1/ . ~~-. I I . ) ·J/ •. I ~-~-..... -- \.-.J.-.J-:',.=1. .... c,,• ... ?:..._i_{..._.,.. · 

TerrfKirk I 

Of±lce of Regional Counsel (ANM -7) 

Federal Aviation Admini.stration 

1601 Lind Ave. SW 

Renton, WA 98057 

(425) 227-2007 

FM v, William. A. Curtr)gllt 

FAA Case No. 2014NMD90046 

Pagel of 5 

DAVID F. SHAYNE, fAA ATTO_RNEY 

TEL: (4J5) "27-ll6oo FAXo (425) 227·1007 
12/~4/2~15 ~9:32 4252271~~7 

May 11,2015 

Federal Aviation Administration 

ATTN: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building~Suite 2W10QO 

800 Independence Avenue SW 

Washington, DC 20591 

Re: FAA Case No. 2014NM090046 

ANH7 

This is a formal request for a hearing to be held on the phone regarding 

the above case. 

~-

Dr. Wm. Ames Curtright, DBA 

PO Box 1350 

Jefferson, OR 97352 

Copy sent to: Federal Aviation Administration 

Office of Regional Counsei-ANM-7 

Northwest Mountain Region 

1601 Lind Avenue SW 

Renton, WA 98057 

t.-.ebpv sent to: David Shayne, FAA Attorney 

Northwest Mountain Region 

1601 Lind Avenue SW 

Renton, WA 98057 

PAGE 11/11 
12/04/2015 0g:32 4252271007 ANM7 

FACSIMILE MESSAGE 

DAVID F. SHAYNE 

.FEDERAL AVIATION ADMINISTRATION 

OFFICE OF REGIONAL COUNSEL 

ANM-7 

1601 LIND AVENUE S.W. 

RENTON, WASHINGTON 98057 

PAGE 01/11 

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

information and is intended only for the use of the individual n~med on this cover sheet 

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

use, dissemination, distribution, or copy of this facsimile is strictly prohibited. If you 

have received this facsimile in etmr, pi ease immediately notify us by telephone at 

425-227-2007. 

DATE: December 4, 2015 NO. PAGES: 11 including cover 

TO: FAA FROM: David F. Shayne 

Hearing Docket Clerk 

FAX NO.: (202) 267-1293 FAX NO.: 425-227-2165 

PHONE NO.: PHONE NO.: 425-227-2160 

RE: Email: 

CURTRIGHT 

FAA-2015-1319 c=~-==-==~..1__----:=-·-----·-·---'--------

CO:M:PLAINANT'S RESPONSE TO THE ALI'S ORDER 

OF NOVEMBER 19,2015