U.S. DEPARTMENT OF TRANSPORATION 

OFFICE OF HEARINGS 

FEDERAL AVIATION ADMINISTRATION 

FEDERAL AVIATION ADMINISTRATION 

Complainant, 

vs. 

PETER HANTZ COMPANY, 

Res ondent 

Docket No. FAA-2016-4268 

(Civil Penalty Action) 

Judge: Ho. Douglas M. Rawald 

RESPONDENT'S ANSWER TO COMPLAINT 

;I 

,] 

Peter Hantz Company ("Respondent"), by and through its undersigned counsel, for 

its answer to the Complaint, pursuant to 14 C.F.R. 13.209, states as follows: 

I. 

With respect to the allegations in the prefatory paragraph at the beginning of the 

Complaint, Respondent denies that the United Parcel Service Company ("UPS") is the 

respondent in this action. Respondent further denies that Respondent received the Final 

Notice of Proposed Civil Penalty on February 29,2016. Respondent states that it received 

the Final Notice of Proposed Civil Penalty on March 9, 2016. Respondent admits it sent 

a written request for hearing to the Complainant on March 15, 2016. 

II. 

1. Respondent denies all allegations in Paragraph 1 of the Complaint. 

2. Respondent is without sufficient information or knowledge to form a belief 

as to the truth the allegations in Paragraphs 2 through 8 of the Complaint, and therefore 

denies the same. 

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3. Respondent denies all allegations m Paragraphs 9 through 19 of the 

Complaint. 

III. 

4. Paragraph 20 of the Complaint does not contain any allegations against 

Respondent, therefore no response is required. To the extent that any allegation in 

Paragraph 20 is intended to be asserted against Respondent, it is denied. 

5. . Respondent denies all allegations in Paragraphs 21 through 41 of the 

Complaint. 

AFFIRMATIVE DEFENSES 

I. Respondent denies each and every allegation not admitted above. 

2. All or part of Complainant's Complaint fails to state a claim upon which 

relief may be granted. 

3. Complainant's claims are barred by the doctrine of estoppel, waiver and/or 

laches. 

4. Complainant's claims are barred by the statute oflimitations. 

5. Respondent affrrmatively alleges that Complainant's assessed penalty 1s 

excessive and Complainant has no basis for the amount of the penalty. 

6. Respondent reserves the right to plead any additional affirmative defenses 

which become !mown through the course of this litigation. 

7. Respondent is a small business concern subject to original jurisdiction in 

the District Court as the result of the penalty being sought by Complainant. 

WHEREFORE, having fully answered Complainant's Complaint, Respondent 

respectfully requests that the Administrative Law Judge enter an Order dismissing the 

instant action with prejudice without civil penalty. 

2 
DATED this 15'h day of April, 2016 

HINSHAW&CU 

3 

TimothfCMcCulloch 

Bradley L. Dunn 

Attorneys for Respondent 
CERTIFICATE OF SERVICE 

I hereby certifY that on this date I have sent the foregoing via UPS Overnight addressed as 

follows: 

ORIGINAL AND ONE COPY 

ONE COPY 

Dated: Apri\15, 2016 

Federal Aviation Administration 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building-Suite 2WIOOO 

600 Independence Avenue, SW 

Washington, DC 20591 

Ryan Landers, Complainant's Counsel 

Enforcement Division, Southern Team 

Federal Aviation Administration, Southern Region 

1701 Columbia Avenue 

College Park, GA 30337 

Telephone: ( 404) 305-5200 

Facsimile: (404) 305-5223 

The Honorable Douglas M. Rawald 

U.S. Administrative Law Judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

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

Washington, D.C. 20590 

Telephone: (202) 366-5121 (Staff Assistant) 

FAX: (202) 366-7536 

By:J~w~"~--- Trish Hoffinann ' 

4 
HINSHAW 

t'{ CULBERTSOi\J Li_P 

Timothy I. McCulloch 

tmcculloch@hinshawlaw.com 

Direct Dial: (602) 383-6011 

VIA UPS OVERNIGHT 

Federal Aviation Administration 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building-Suite 2W1000 

600 Independence Avenue, SW 

Washington, DC 20591 

Aprill5, 2016 

Re: Peter Hantz Company 

DocketNo. FAA-2016-4268 

Case No. 2012S0700041 

Dear Clerk: 

A'i'TORNIINS AT I.AW 

2375 East Camelback Road 

Suite 750 

Phoenix, AZ 85016 

602-631-4400 

602-631-4404 (fax) 

www.hinshawlaw.com 

Enclosed please find the original and one copy of the Answer to Complaint in the 

above matter. Respondent also requests that the hearing be held in Phoenix, Arizona, and 

does not anticipate the hearing will last more than one day. 

TIM/tdh 

En c. 

Very truly yours, 

HINSHAW.&CULB~ C£. 

'I 1mothy I. McCulloch 

cc: Hon. Douglas M. Rawald (via UPS Overuight) 

Ryan Landers (via UPS Overnight) 

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