U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS FEDERAL AVIATION ADMINISTRATION

FEDERALAVIATION ADMINISTRATION FAA DOCKET NO. TBA FDMS NO. FAA-2013-1082 Complainant CASE NO. 201250700133

vs. Assigned to Judge Richard C. Goodwin RIDAN INVESTMENTS, INC. 

# RECE\VED Respondent

ANSWER TO COMPLAINT 

## MAR 24Zot4 HEARING DOCKET Respondent, Ridan Investments, Inc. ("Ridan"), by its attorney, herebyfiles its Answerto the Complaintfiled by Complainant Federal Aviation Administration ("FAA") pursuantto Rule 209 ofthe Rules of Practice (14 C.F

### .R. 13.209) as follows:

1. Answering paragraph 1, Ridan lacks sufficient information and belief to admit or denythe allegation as to when the Agency Attorney received a written request for a hearing and denies on that basis. Ridan admits that it received notice after January 14, 2014 through a Final Notice of Proposed Civil Penalty that the FAA proposed to assess a civil penalty in the amount of$55,000. II 2. Answering paragraph 2, Ridan lacks sufficient information and beliefto admit or deny the allegations and denies on that basis. Ridan denies that it knowingly offered a one-piece shipmentto Federal Express on February 19, 2012 that contained hazardous materials. 3. Answering paragraph 2 (misnumbered), Ridan lacks sufficient information and beliefto admit or denythe allegations and denies on that basis. Ridan denies that it, as opposed to different entity that shared the same address, offered the alleged shipmentfor transportation. 4. Answering paragraph 3. Ridan lacks sufficient information and belieftoadmit or denythe allegations and denies on that basis. 5. Answering paragraph 4, Ridan lacks sufficient information and beliefto admit of denythe allegations and denies on that basis. 6. Answering paragraph 5, Ridan lacks sufficient information and beliefto admit ofdenythe allegations and denies on that basis. 7. Answering paragraph 6, Ridan lacks sufficient information and beliefto admit ofdenythe allegations and denies on that basis. 8. Answering paragraph 7, Ridan lacks sufficient information and beliefto admit or denythe allegations and denies on that basis. 9. Answering paragraph 8, Ridan lacks sufficient information and beliefto admit or denythe allegations and denies on that basis. Ridan denies that it, as opposed to different entity thclt shared the same address, offered the alleged shipment. 10. Answering paragraph 9, Ridan lacks sufficient information and beliefto admit or denythe allegations and denies on that basis. Ridan denies that it, as opposed to different entitythat shared the same address, offered the alleged shipment 11. Answering paragraph 10, Ridan lacks sufficient information and beliefto admit or denythe allegations and denies on that basis. Riden denies that it, as opposed to different entitythat shared the same address, offered the alleged shipment.. 12. Answering paragraph 11, Ridan lacks sufficient information and beliefto admit or denythe allegations and denies on that basis. Ridan denies that it, as opposed to different entitythat shared the same address, offered the alleged shipment. 13 Answering paragraph 12, Ridan lacks sufficient information and beliefto admit or denythe allegations and denies on that basis. Ridan denies that it, as opposed to different entitythat shared the same address, offered the alleged shipment. 14. Answering paragraph 13, Ridan lacks sufficient information and beliefto admit or denythe allegations and denies on that basis. Ridan denies that it, as opposed to different entitythat shared the same address, offered the alleged shipment. Ill 15. Answering paragraph 14 and all of its subparts.(subparagraphs1-24, inclusive) Ridan incorporates by reference its responses to paragraphs 2-13, above. Ridan denies that it, as opposed to a different entitythat shared the same address, offered the alleged shipment and denies that a civil penalty of$55,000 is appropriate underthe facts and circumstances ofthis case

.. As to all other allegations in paragraph 14 and its subparts, (subparagraphs 1-24, inclusive) Ridan lacks sufficient information and beliefto admit or denythe allegations and denies on that basis.WHEREFORE, Ridan, through its attorney, respectfully requests that an order be entered denying the FAA's request that Ridan be assessed a civil penalty in the amount of $55,000, or any amount at all Ridan further requests that the complaint be dismissed with prejudice pursuantto 14 C.F.R 13.16 c (subsections 1-3) as Ridan did not knowingiy ship the alleged materials but rather, it has determined that the identity ofthe senderwas incorrectly entered in the online Fed Ex form and thatthe correct name ofthe sender/shipperwas notentered. Ridan did not know the contents ofthe alleged shipment. It is a real estate investment company and is not engaged in the business of packaging, manufacturing, selling, distributing, orshipping hazardous**mat~rials** ofany kind. Accordingly,**F~idan** does not, and could not, have a history of any prior violations. Respectfully submitted this 171h day of March, 2014. 

### By:c>

# ~ 

# r-\___

LAWRENCE M. BUREK Attorney for Respondent Ridan Investments, Inc.

### CERTIFICATE OF SERVICE I hereby certify that an original and one copy ofthe foregoing document has beer. mailed on this date by Certified Mail, Return Receipt Requested to the following: Hearing Docket Clerk AGC-430 Federal Aviation Administration WilburWright Building

- Suite 2W1 000 800 Independence Avenue, S.W. Washington, DC 20591 I hereby certify that a copy ofthe foregoing document has been mailed on this date by Certified Mail, Return Receipt Requested to the following: Christopher R. Steven!>on Federal Aviation Administration Office ofthe Regional Counsel, AS0-7 Southern Region P.O. Box 20636 Atlanta, GA 30320 Tel: 404-305-5200 Fax: 404-305-5223 HON. Richard C. Goodwin U.S. Administrative LawJudge Office of Hearings, M-20 U.S. Department ofTransportation 1200 New JerseyAvenue, S.E. (E11-310) Washington, DC 20590 Attn: Patricia Matthews

### I hereby certify that a copy ofthe foregoing document has also been sent on this date electronically as an email attachment and in PDF format to the Honorable Richard C. Goodwin, U.S. Administrative Law Judge at Richard.Goodwin@dot.com pursuant to the Procedural Order dated March 4, 2014. Executed this 181 h 

### day of March, 2014 at S a Ana, California. \



# s Lega ssistant Law Office of Lawrencf! M. Burek Attorneyfor Respondent Ridan Investments, Inc.