IN THE MATIER OF 

COASTAL AIR TRANSPORT, INC., 

Respondent 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

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FAA Docket No. FAA-2011-1005 

Judge J.E. Sullivan 

•• B 

______________________ ) FAA CASE NO. 2010S0700037 

RESPONDENTS RESPONSE TO FAA MOTION FOR HEARING ON SANCTION ONLY 

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Respondent, Coastal Air Transport files this response to Complainant's Motion for Hearing on 

Sanctions Only, and in support of its Motion states: 

1. It is appropriate to grant a Motion for Decision on the Pleadings only if the moving party 

demonstrates there are no genuine issues of material fact at dispute. See Elec. Service v. Pacific 

Elec. Contractors, 809 F.2d 626, 630(91

h Cir. 1987.) 

2. The law further requires that any inferences made from the facts be made in the light most 

favorable to the non-moving party. See id. at 631. See also Complainants's Motion, section 1. 

3. Complainant's Motion at paragraph 5 states that the allegations made in its Complaint are 

deemed admitted because the Respondent failed to Answer; their position is, accordingly, that 

because the facts are "deemed admitted" there remain no issues of material fact and that a 

judgment in its favor is therefore appropriate. ,, 

4. Regardless of the Complainant's argument, there remain "facts" that cannot be admitted, 

"deemed" or otherwise, because of their impossibility or contradiction to Complainant's own 

evidence. 

5. Examples of these facts are embodied in the following allegations: 

a) Paragraph 2 states that shipment was in a non-specification fiberboard box. The 

Complainant's exhibit (R-1) clearly shows a picture of said box with DOT approved marking. 

b) Paragraph 3 states that the cargo was unmanifested. Paragraph 8 states that the above 

shipment was listed and described on the bill of lading. Paragraph 9 states that Mike Foster 

signed the bill of lading describing this shipment. 

c) Paragraph 4 states that the box was discovered on board Flight 413. This would have been a 

case of smuggling, a serious offense. The statement from CBP Officer Steele contradicts this 

in that the cargo was presented to Customs inside the airport inspection area. 
d) Paragraph 6 states that no MSDS packing slips were present. Exhibit (R-2) shows copies of 

these slips. 

e) Paragraph 15 states that the pilot-in command was not notified as to the nature of the 

cargo before the flight. Capt. Michael Foster was the pilot-in-command, he was aware of the 

contents, and loaded it into the forward cargo compartment of the aircraft. It was not 

carried in the passenger cabin or on the flight deck as alleged. 

f) Paragraph 111/16 alleges that the cargo was carried in the passenger cabin or on the flight 

deck. Capt. Foster has stated in e) above that this was not true. It was carried in an 

approved cargo compartment separated from the passenger cabin. 

6. These are not the only "facts" that cannot be "deemed admitted" because of their 

implausibility. 

7. Therefore, regardless of whether facts have allegedly been "deemed admitted" by the 

Respondent, because some "facts" on which this Complaint are simply impossible, genuine 

issues of material fact remain. Therefore, the Complainant's Motion should not be granted. 

8. As an Officer of the Court, the Complainant's attorney has a mandate to refrain from alleging 

these numerous false charges. The Complainant's own evidence has clearly shown these alleged 

charges to be fabricated. Atty. George has attempted to limit the Respondent's defense through 

the use of sanctions. This incident by the Respondent was at most a minor infraction and could 

have been settled with a letter of reprimand. The Complainant has sought to inflate the 

penalties beyond what is clearly reasonable. Because of this inappropriate behavior, we once 

again ask the Court to DISMISS this case. Because of the time and expense of defending this 

action, we ask for punitive damages in the amount of $59,600. 

Respectfully submitted this 5th day of November 2012 

Michael Foster 

President 

Coastal Air 
U.S. DEPARTMENT OF TRANSPORTATION 

; AVIATION 

FAA Form 1600-32-1 (9-Sn) 
i 

lllflllllllli/IIIBIII//IIII/1111111111111111111111/ /IIIII/I ... Pg i'2Q 1 O'Q~ 
CERTIFICATE OF SERVICE 

I hereby certify that a copy of the foregoing correspondence was mailed by Priority U.S. Mail and facsimile to: 

The Honorable J.E. Sullivan- by mail 

Office of Hearings, M-20 

U.S. Department of Transportation 

1200 New Jersey Ave, S.E.(E12-320) 

Washington, D.C. 20590 

Tel: 202-366-2132 

Fax: 202-366-7536 

Rashawn Rich George - by mail & fax 

Office of the Regional Counsel, AS0-7 

Federal Aviation Administration 

P.O. Box 20636 

Atlanta, GA 30320 

Tel: 404-305-5200 

Fax: 404-305-5223 

And the original and one copy to: 

U.S. Department of Transportation 

Docket Operations, M-30 

Room Wl2-140 

1200 New Jersey Ave, S.E. 

Washington, D.C. 20590 

~ Michael Foster 

Respondent