UNITED STATES DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

FEDERAL AVIATION ADMINISTRATION 

FEDERAL AVIATION ADMINISTRATION, 

Complainant, 

v. 

FAA Docket No. 

(Judge - Unassigned) 

DEAN INTERNATIONAL, INC., 

Respondent. ______________________________ 1 

RESPONDENT'S ANSWER AND AFFIRMATIVE 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 :~PR L D 2. 6a. Admitted. 

9350 SOUTH DIXIE HIGHWAY, 10TH FLOOR, MIAMI. FLORIDA 33156 ,~~ It:ARl NG ~ 

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

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. Ad m itted. 

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. 

11 a-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) 670-7065 
3. 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 not the 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 §13.21 0 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.~ Stuart A. Goldstein 

LAW OFFICES OF GOLDSTEIN & SORDO 

9350 SOUTH DIXIE HIGHWAY, 10TH FLOOR, MIAMI, FLORIDA 33156 

T: (305) 670-1222 F: (305) 670-7065