UNITED STATES DEPARTMENT OFTRANSPORTATION OFFICE OF HEARINGS FEDERALAVIATION ADMINISTRATION

FEDERALAVIATION ADMINISTRATION, Complainant,
v. FAA Docket No. (Judge - Unassigned)
DEAN INTERNATIONAL, INC., Respondent.



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RESPONDENT'SANSWERANDAFFIRMATIVE DEFENSES Respondent, DEAN INTERNATIONAL, INC. ("Dean"), by and through its undersigned attorneys, pursuant to 14 C.F.R. §13.209, herewith files its Answer And Affirmative Defenses to the Administrator's Complaint dated March 29, 2010, and states: 1 . Admitted. 2. Admitted. 3a. Admitted. 3b. Admitted. 3c
. Admitted. 4. Denied as to February 28, 2010 and April 22, 2010. Admitted as to March 1, 2010. 5. Denied.

# ;,"**tGEj'VED )**  LAW OFFICES OF GOLDSTEIN & SORDO

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# 2. 6a. Admitted.
9350 SOUTH DIXIE HIGHWAY, 10TH FLOOR, MIAMI. FLORIDA**33156 ,~~** 

# It:ARlNG**~** T: (305) 670-1222 F: (305) 670-7065 I'f..... , ".,.,**~)()CKE:r**

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6b. Denied. The AD states the "inspections can be accomplished at the next scheduled inspection or the next 100 hours, whichever is later." 6c. Denied as phrased. 6d. Denied because the date referenced in this paragraph does not relate to the operations referenced in the above paragraphs
. 7. Admitted. 8. Denied
. 9. Denied. 10a. Admitted. 10b. Denied
. The AD states the "inspections can be accomplished at the next scheduled inspection or the next 100 hours, whichever is later." 10c. Denied that a 100 hour inspection was required at the time of the abovereferenced operations. 10d. Denied
. 11a-c. Denied in all its sub-parts. 12. 49 U
.S.C
. Sections 46301 (a)-(d) speak for themselves. 13. Denied
. AFFIRMATIVE DEFENSES 1
. As to both N6348B and N5276M, there was no violation in that the inspections referenced in the Complaint may be completed within 10 hours after the 100 hours time in service has elapsed. 2. On all referenced flights, except the flight of March 1, 2010, the aircraft were dispatched, and were scheduled to return, prior to the expiration of 100 hours.
LAW OFFICES OF GOLDSTEIN & SORDO 9350 SOUTH DIXIE HIGHWAY, 10TH FLOOR, MIAMI, FLORIDA 33156 T: (305) 670·1222 F: (305) 670-70653. Respondent has several systems in place to advise pilots, flight instructors, dispatchers, and maintenance personnel as to upcoming inspection times. Any failure that might have occurred was the fault of inadvertence on the part of contractors or employees and notthe fault of Respondent. 4
. Respondent had a right to rely on its contractors and personnel to properly perform their duties and they had the last best chance to avoid any failures that might have occurred
. 5. The proposed fine is harsh, unreasonable, and not appropriate in the facts and circumstances of this case. CERTIFICATE OF SERVICE I HEREBY CERTIFY that on this

# J!L day of April, 2011, an original and one copy of the foregoing was filed in accordance with 14 C.F.R. §13.209 and §13
.210 upon the Hearing Docket Clerk at FAA, AGC-430, Suite 2W1000, Wilbur Wright Building, 600 Independence Avenue, S. W., Washington, D. C., 20591, and that a true and accurate copy was served upon Christopher R. Stevenson, Esq., by facsimile (404) 305-5223 and regular U
.S. Mail at P. O. Box 20636, Atlanta, GA 30320.

LAW OFFICES OF GOLDSTEIN & SORDO 9350 South Dixie Highway, 10th Floor Miami, FL 33156 Tel: (305) 670-1222 Fax: (305) 670-7065

# BY:kJu.~ StuartA. Goldstein

LAW OFFICES OF GOLDSTEIN & SORDO 9350 SOUTH DIXIE HIGHWAY, 10TH FLOOR, MIAMI, FLORIDA 33156 T: (305) 670-1222 F: (305) 670-7065