10/15/2015 05:25 4252271007 DAVID F. SHAYNE

FAA OFFICE OF REGIONAL COUNSEL 1601 LiND AYE., SW RENTON, W ASH!NGTON 98057 TELEPHONE; (425) 227-2] 65

FACSIMILE: (425) 227-1007 ANM7 UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGSWASIDNGTON, D.C. Inthe Matter of: Aircal, Inc. FAA Case No. 2014WP910129 FPMS No. FA.A-2015-1324 Judge J.E. Sullivan COMPLAINANT'S RENEWED MOTION TO DEEM ALLEGATIONS ADMITTED AND TO DISMISS APPEAL NATURE OF MOTION PAGE 02/04 In accordance with 14 Code of Federal Regulations (C.F.R.) § l3.218(f)(5) (Rule 13.2!8(f)(5)), the Complainant renews this Motion to Dee1n Allegations Admitted and to Pisrniss Appeal. There are no genuine issues of material fact, as Respondent has failed to answer the Complaint. The Complainant is entitled toa decision asa matter of law. BASIS FOR REQUESTED RELJEF In support of this Motion, the FAA states as follows: 1. On June 3, 2015, the FAA fl.led its Final Notice of Proposed Civil Penalty in this case.2. On June 17, 2015, Respondent filed a written request fora hearing. 3. On June 22,2015, the Fli.A filed its Complaint, specifically advising Respondent that, under Section 13.209(a) ofthe Rules of Practice, an .A.nswcr tothe

Complaint was tobe filed no later than thirty (30) days after service ofthe Complaint (in10/15/2015 05:25 4252271007 ANM7 this ca.se, no later than July 22,2015) a(ld tha.t failure tofile without good cause shall be deemed an admission of each allegatio(l. 4. Respondent, asof this date, has still not filed an Answer tothe Complaint Under Section 13.209(f) ofthe Rules of Practice, failure tofile an Answer within the time prescribed by the Rules shall be deemed an admission ofthe truth of each allegation co(ltained inthe Complaint. WHEREFORE, FAA respectfully requests that the Administrative Law Judge issue an Order, frnding allofthe allegations inthe Complaint in this case to be-admitted, and an Order dismissing Respondent's appeal for failure tofi,Je an Answer. CONCLUSION For the reasons stated above, the appeal inthis matter should be dismissed dueto Respondent's failure tofilean Answer tothe Complaint, and that Respondent be ordered to comply 'With Complainant's Final Notice of Proposed Civil Penalty asthe final Order i11this case. Respectfullv submitted this 15tl' day of October 2015. **-~** PAGE 03/04 Complainant's Renewed Motion to **D~em_** Allegation Admi1ted andto Dismiss Appeal DAVID f. $HA'r.'1'1"E, FAA 1\TTORN:<;;l." fAA v. Aircal, Inc. l'AA Cas< No. 2014WP91 0129 FDMS No. FAA-201 5-1324

Page 2of3 TEV (425) 227-2165: FAX: (425) 227-100710/15/2015 05:25 4252271007 ANM7 CERTIFICATE OF SERVICE I hereby certify that the foregoing Complainant's Renewed Motion to Deem Allegations Admitted andto Di.smiss Appeal has been served via facsimile and certified mail- Return

Receipt Requested this date, totbe following: Judge lB. Sullivan

U.S. Administrative Law Judge Office of Hearings, M-20

U.S. Department ofTnm.sportation 1200New Jersey Ave., S.E. (Ell-310) Washington, D.C. 20590 Fax: (202) 366-7536 Federal Aviation Administration 800 Independence Avenue SW Washington, D.C. 20591 Attn: Hearing Docket Clerk, AGC-430 Wilbur Wright Building- Suite 2Wl 000 Fax: (202) 267-1293 Leonardo Concepcion President Aircal, Inc. 6411 Westlmperia)Highway

Los Angeles, CA 90045 FAX: (503) 678-3374 Dated this lS'h day of October 20J5. ) / **~-- ~')_**  ... / y..(!_.c..l_..( **~.(..** -, Terti KirkOffice of Regional Counsel (ANM-7) Federal Aviation Administration 1601 Lind Ave. SW Renton, WA 98057 (425) 227-2007 PAGE 04/04 Comp1a1nant's Renewed Motlon to Deem Allcgar.jon Admitted andto Dismiss Appeal DA.vl)::> F. SHt\ Y'Nl:., 'F'A.A ATTOJ{NlT.Y TEL: (425) 227-21 65; FAX: (425) 227-1007 FA.A.. v, Aircat lnc. FAA Cose No. 2014WP910129 FDMS No. FAA-2015-).324

Page 3of310/15/2015 05:25 4252271007 ANM7 PAGE 01/04 FACSIMILE MESSAGE DAVID F. SHAYNE FEDERAL AVIATION ADMINlSTRA TION OFFICE OF REGIONAL COUNSEL ANM-7 1601 LIND A VENUE S.W. RENTON, WASHINGTON 98057 The information contained inthis facsimile message is legally privileged and confidential inlbnnation andis intended only for the use ofthe individual named on this cover sheet. Ifthe reader ofthis message isnot the:: intended recipient, you are hereby notified that any use, dissemination, distribution, or copy of this facsimile is strictly prohibited. Ifyou have received this facsimile in error, please immediately notify usby telephone at 425-227-2007. C.._:DATE: October 15, 2015 FAA NO. PAGES: 4 including cover ITO:FAX NO.:PHONE NO.: Hearing Docket Clerk (202)**267~1293** FROM: David F. Shayne FAX NO.: 425-227-2165 PHONE NO.: 425-227-2160 RE: AIRCALJ Email: .}014WP9l0129.. ···----___j RENEWED MOTION TO DISMISS