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 HEARINGS 

WASIDNGTON, D.C. 

In the 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 to a decision as a 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 for a hearing. 

3. On June 22,2015, the Fli.A filed its Complaint, specifically advising 

Respondent that, under Section 13.209(a) of the Rules of Practice, an .A.nswcr to the 

Complaint was to be filed no later than thirty (30) days after service of the Complaint (in 
10/15/2015 05:25 4252271007 ANM7 

this ca.se, no later than July 22, 20 15) a(ld tha.t failure to file without good cause shall be 

deemed an admission of each allegatio(l. 

4. Respondent, as of this date, has still not filed an Answer to the Complaint 

Under Section 13.209(f) of the Rules of Practice, failure to file an Answer within 

the time prescribed by the Rules shall be deemed an admission of the truth of each 

allegation co(ltained in the Complaint. 

WHEREFORE, FAA respectfully requests that the Administrative Law Judge issue 

an Order, frnding all of the allegations in the Complaint in this case to be-admitted, and an 

Order dismissing Respondent's appeal for failure to fi,Je an Answer. 

CONCLUSION 

For the reasons stated above, the appeal in this matter should be dismissed due to 

Respondent's failure to file an Answer to the Complaint, and that Respondent be ordered to 

comply 'With Complainant's Final Notice of Proposed Civil Penalty as the final Order i11 this 

case. 

Respectfullv submitted this 15tl' day of October 2015. 

-~ 

PAGE 03/04 

Complainant's Renewed Motion to D~em_ Allegation 

Admi1ted and to 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 2 of3 

TEV (425) 227-2165: FAX: (425) 227-1007 
10/15/2015 05:25 4252271007 ANM7 

CERTIFICATE OF SERVICE 

I hereby certify that the foregoing Complainant's Renewed Motion to Deem Allegations 

Admitted and to Di.smiss Appeal has been served via facsimile and certified mail - Return 

Receipt Requested this date, to tbe 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 20 J 5. 

) 

~')_ / ... ~-- / 

y..(!_.c..l_..( ~.(.. -, 

Terti Kirk 

Office of Regional Counsel (ANM-7) 

Federal Aviation Administration 

1601 Lind Ave. SW 

Renton, W A 98057 

( 425) 227-2007 

PAGE 04/04 

Comp1a1nant's Renewed Motlon to Deem Allcgar.jon 

Admitted and to Dismiss Appeal 

DA.vl)::> F. SHt\ Y'Nl:., 'F' A.A ATTOJ{NlT.Y 

TEL: (425) 227-21 65; FAX: (425) 227-1007 

F A.A.. v, Aircat lnc. 

FAA Cose No. 2014WP910129 

FDMS No. FAA-2015-).324 

Page 3 of3 
10/15/2015 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 in this facsimile message is legally privileged and confidential 

inlbnnation and is intended only for the use of the individual named 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 error, please immediately notify us by telephone at 

425-227-2007. 

C .. _ :DATE: October 15, 2015 

FAA 

NO. PAGES: 4 including cover 

I 

TO: 

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: AIRCAL J Email: 

.}014WP9l0129.. ···---- __ _j 

RENEWED MOTION TO DISMISS