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SERVED JUNE 28, 2010 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, DC 

IN THE MATTER OF 

INTERTECH OVERLOAD, INC. 

FAA DOCKET No. CP10WP0003 

(Civil Penalty Case) 

DMS FAA-2010-0194 

ORDER ACCEPTING RESPONDENT'S ANSWER 

On April 10, 2010, Complainant Federal Aviation Administration 

("Complainant") filed a Motion to Deem Allegations Admitted ("Motion"), citing the 

failure of Respondent Intertech Overload, Inc. ("Respondent") to answer the Complaint. 

Our Procedural Order of March 19, 2010, similarly went unanswered. On May 26, 2010, 

we served an Order to Show Cause, directing Respondent to answer the Complaint and 

the Procedural Order no later than June 18, 2010, or face sanctions up to and including 

default. 

On June 18, 2010, Respondent submitted a response to Complainant's Complaint. 

Earlier it had been "unable to establish satisfactory legal representation," the response 

stated. It also represented that Respondent had "fully complied" with our Procediural 

Order. On June 21, 2010, Complainant replied. Complainant again urged that its 

Motion be granted, arguing that Respondent had never requested an extension of time to 

answer and should not now be excused from that requirement. Further, Complainant 

states. Respondent's assertion that it complied with the Procedural Order is not correct. 

Respondent's answer will be accepted for filing as its Answer to the Complaint. 
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The interests of justice are best served by a trial on the merits, where a judgment 

is based on a full presentation of evidence (see, e.g., Passarella v. Hilton International 

Co., 810 F.2d 674, 678 (7 Cir. 1987)). The Administrator has noted that a hearing is 

"fundamental" to the concept of due process. As sifch,^*{W]herever possible, <»ses 

should be disposed of on the merits after a hearing,.rather than summarily becsatise of a 

procedural defect" (David Lloyd Cornwall, FAA (^ T NO. 92-47 (July 22,1992), p. 7). "* 

This is one of those cases. Complainantiaany evii^i fa|^ not claimed prejudice from 

Respondent's failure to timely file its answer. - • : 

-4 In view of the above, it is hereby ordered osffdllows: 

1) Respondent's pleading entitled "Answer of: Respondent Intertech Overload, 

Inc." is accepted as its Answer to Gomllaii^aittfs Complaint; 

2) Complainant's Motion to Deem Alleg^iiJns Admitted is DENIED; 

3) Complainant's Reply To Respondent's Response to the Order to Show Cause 

is DENIED; and 

4) The hearing will be scheduled by subse^pent!^^(|.r4er.' 

SO ORDERED. 

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,|idp i C. Goodwin ...'Mm 

JtJ.^^Adiriinist^ativ^li^llai 

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Attachment - Service List 

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This oi&'it does not rule on any discovery matters, since nono are ripe for decision 

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FAA Docket No. CP10WP0003 

(Civil Penalty Action) 

SERVICE LIST 

ORIGINAL & ONE COPY 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Washington, DC 20591 

Attention: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building - Suite 2W1000' 

ONE COPY 

William H. Schultz, Respondent's Counsel 

Schultz Law Firm 

32123 Lindero Canyon Road, Suite 203 

Westlake Village, CA 91361-5412 

TEL: 818-901-1919 

FAX: 818-901-1996 

Dean Cambe, Sr., President 

Intertech Overload, Inc., Respondent 

7701 Woodley Avenue 

VanNuys,CA 91406 

Courtney Adolph, Complainant's Counsel 

Office of the Regional Counsel 

Western-Pacific Region, AWP-7 

Federal Aviation Administration 

P.O. Box 92007 

Los Angeles, CA 90009-2007 

TEL: 310-725-7128 

FAX: 310-725-6816 

The Honorable Richard C. Goodwin, Administrative Law Judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

1200 New Jersey Avenue, S.E. 

East Building Ground Floor, Room El2-320 

Washington, DC 20590 

TEL: Attorney-Advisor 202-366-2139 

Legal Assistant 202-366-5121 

FAX: 202-366-7536 

' Service was by U.S. Mail. For service in person or by expedited courier, use the following address: 

Hearing Docket, Federal Aviation Administration, 600 Independence Avenue, S. W., Wilbur Wright Building - Room 

2014, Washington, DC 20591, Attention: Hearing Docket Clerk, AGC-430.