10/17/2014 12:14 425227W07 

ROBERT SPITZER 

FAA OFFICE OF REGIONAL COUNSEL 

1601 LIND AVE., SW 

RENTON, WASHINGTON 98057 

TELEPHONE: ( 425) 227-1417 

FACSIMILE: ( 425) 227" 1007 • 

ANM7 

UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

In the Matter of: 

Brad Goodspeed Docket No. FAA 2014-0549 

Judge Goodwin 

Motion for Decision 

PAGE 02/04 

In accordance with 14 Code ofFederal Regulations (C.F.R.) Section 13.218(£)(5) 

(Rule 13 .218(£)(5)), the Administrator (Complainant) brings this Motion for Decision. 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. 

Facts 

On August 12, 2014, Respondent requested a hearing in response to the Complainant's Final 

Notice of Proposed Civil Penalty On August 21, 2014, Complainant served the Complaint on 

Respondent by regular and certified mail; the regular mail complaint was not returned, although 

the certified mail complaint was returned as unclaimed to the FAA. 1 

Argument 

"The administrative law judge shall grant a party's motion for decision if the pleadings, 

depositions, answers to interrogatories, admissions, matters that the administrative law judge has 

officially noticed ... show that there is no genuine issue of material fact and that the party making 

the motion is entitled to a decision as a matter of law. The party making the motion ... has the 

burden of showing that there is no genuine issue of material fact disputed by the parties." 

14 C.F.R. § 13.218(£)(5). 

A respondent must file an answer within "30 days after service of the complaint." 14 C.P.R. 

§ 13.209(a). For service by mail, the date of service is the date of mailing as shown on the 

certificate of service; an additional "5 days shall be added" to the time to respond. 14 C.P.R. 

§§ 13.21l(d) and (e). The Complaint in this case was served by mail on August 21, 2014. Thus, to 

be timely, the answer must have been filed by September 25, 20 J 4. A "failure to flle an answer 

1 Respondent has not answered the Complaint. While the certified mail copy of the complaint was returned as 

unclaimed, the regular mail copy of the complaint ha.s not been returned to the FAA. According to 14 C.F.R. 

§13.2ll(g), when a docuT1'!ent that was properly addressed, sent in accordance with 14 C.f.R Part 13 Subpart G; 

and was returned as not claimed is deemed to have been served in accordance with subpart G Since the certified 

mail letter was properly addressed, and returned as unclaimed by the respondent, it was properly served. The copy 

of the complaint sent via regular mail to the Respondent was not returned, 
10/17/2014 12:14 4252271007 ANM7 PAGE 03/04 

without good cause shall be deemed an admission of the truth of each allegation contained in the 

complaint." 14 C.F.R. § 13.209(±); In the Matter of Larry$ Flying Service, Inc., FAA Order 

No. 98-4, 1998 WL 158381 (March 10, 1998). Law judges do not have authority to extend the 

deadline for filing an answer absent a showing of good cause. Lany s Flying Service (citing In the 

Matter of Robinson, FAA Order No. 97-18 at 5, 1997 WL 307266 (May 23, 1997);/n the Matter 

of Atlantic World Airways, FAA Order No. 95-28 at 3, 1995 WL 853922 (December 19, 1995). 

Failure to file an answer waives any and all defenses, including financial hardship. Larry s Flying 

Service at 4. 

The Complaint in this case was served by facsimile and mail on August 21, 2014. Thus, to be 

timely, the answer must have been filed by September 25, 2014. Having failed to file an answer, 

Respondent has admitted the truth of each and every allegation in the Complaint, and waived all 

affirmative defenses, including those addressed to sanction. There is no genuine issue of material 

fact remaining to be litigated, and Complainant is entitled to a decision as a matter oflaw, 

Can elusion 

For the reasons stated above, the FAA respectfully requests that this court grant this Motion for 

Decision. There are no genuine issues of material fact to be litigated. 

Respectfully submitted this 17th day of October, 2014. 

Robe~ FAA Attorney 

Motion for DC<>ision 

FAA v. Brad Goodspeed 

FAA Case No. 2013NM!30029 

Page2 of3 

RoasJtT SPITZER, F M ATTORNEY 

TEL (425) 227·1417; FAX: (425) in-1007 
10/17/2014 12:14 4252271007 ANI~7 PAGE 04/04 

Certificate of Service 

I hereby certify that the foregoing Motion for Decision has been served via facsimile and certified 

mail - Return Receipt Requested this date, to the following: 

Federal Aviation Administration (Original and one copy) 

800 Independence Avenue SW 

Washington, D.C. 20591 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building- Suite 2Wl 000 

Fax: (202) 493-5142 

Brad M. Goodspeed 

28l0W. WashingtonAve. 

Yakima, WA98903-1100 

Dated this 17!hdayof0ctober 2014. 

----";j%g~~:_:::_:__:__ ___ , ___ _ rri Kirk 

Motion for Decision 

fAA v. Brad Goodspeed 

l?AA Ca•e No. 2013NMl30029 

Page 3 of 3 

ffice ofRegional Counsel (ANM-7) 

Federal Aviation Administration 

1601 Lind Ave. SW 

Renton, WA 98057 

(425) 227-2007 

RoBERT SPlT7.:E:R, FAA .A TIORJ:\I"E Y 

TEL: (425) 227-1417; FAX: (425) 227-1007