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.
Inthe 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 Motionfor Decision. There are no genuine issues ofmaterial fact, as Respondent has failed to Answer the Complaint. The Complainant 

### is entitled to 

### a decision as a matter oflaw. 

### Facts OnAugust 12, 2014, Respondent requested a hearing in response to the Complainant's Final Notice ofProposed Civil Penalty OnAugust 21, 2014, Complainant served the Complaint on Respondent byregular and certified mail; the regular mail complaint was not returned, although the certified mail complaint was returned as unclaimed to theFAA. 1 

### Argument "The administrative lawjudge shall grant a party's motion for decision ifthe pleadings, depositions, answers to interrogatories, admissions, matters that the administrative lawjudge has officially noticed ... showthat there is no genuine issue ofmaterial fact and that the party making the motion is entitled to a decision as a matter oflaw. The

### party making the motion ... 

### has the burden ofshowing that there is no genuine issue ofmaterial fact disputed by the parties." 14 C.F.R. 

### § 13.218(£)(5). A respondent must file an answer within "30 days 

## after service ofthe complaint." 14 C.P.R. 

### § 13.209(a). For service by mail, the date ofservice is the date ofmailing 

### as shown onthe 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 ofthe complaint was returned as unclaimed, the regular mail copy ofthe 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 havebeen served in accordance with subpart G Since the certified mail letter was properly addressed, and returned asunclaimedby the respondent, it was properly served. The copy ofthe complaint sentvia 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 ofthe truth ofeach allegation contained in the complaint." 14 C.F.R. 

### § 13.209(±);

### In the Matter of Larry$FlyingService, Inc., FAAOrder No. 98-4, 1998 WL 158381 (March 10, 1998). Lawjudges do not have authority to extend the deadline for filing an answer absent a showing ofgood cause. 

### Lany

# sFlying

### Service (citing 

### In 

### the Matter of Robinson, FAA Order No. 97-18 at 

### 5, 1997

### WL 307266 (May 23, 1997);/n 

### theMatter of 

### Atlantic WorldAirways, 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

# sFlying Service at 

### 4. The Complaint inthis case was servedby facsimile and mail onAugust 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 ofeach and every allegation in the Complaint, and waived all affirmative defenses, including those addressed to sanction. There is no genuine issue ofmaterial fact remaining to be litigated, and Complainant is entitled to a decision as a matter oflaw, Canelusion Forthe reasons stated above, the FAArespectfully requests that this court grant this Motion for Decision. There are no genuine issues ofmaterial fact to be litigated. Respectfully submitted this 17th day ofOctober, 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-100710/17/2014 12:14 4252271007

**ANI~7** PAGE 04/04


## Certificate ofService I hereby certify that the foregoing Motion for Decision has been served via facsimile and certified mail
- ReturnReceipt 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 2Wl000 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 of3 

### ffice ofRegional Counsel (ANM-7) Federal Aviation Administration 1601 Lind Ave. SW Renton, WA 98057 (425) 227-2007

RoBERT SPlT7.:E:R,FAA.ATIORJ:\I"EY TEL: (425) 227-1417; FAX: (425) 227-1007