In The Matter Of: 

CALIBER JET 

CHARTER, LLC 

Respondent 

SERVED: SEPTEMBER 8, 2015 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARJNGS 

WASHINGTON, DC 

) 

) Docket No. FAA-2015-1320 

) 

) 

) Case No. 2014EA390060 

) 

ORDER FINDING RESPONDENT IN DEFAULT, GRANTING 

THE FAA'S MOTION FOR DECISION, AND ASSESSING CIVIL PENALTY 

On August 5, 2015 the FAA filed a Motion for Decision or In the Alternative to Limit the 

Hearing to the Issue of Sanctions ("Motion for Decision"). 

On August I 0, 2015, an Order Setting Deadline for the Respondent to Show Cause and to 

File an Answer, and Reserving Other Relief was filed. Among other things, this August 10, 

2015 Order set a deadline of August 25, 2015 for the Respondent, Caliber Jet Charter, LLC, to 

file a written Response to the FAA's August 5, 2015 Motion, and to file a written Answer to the 

FAA's June 4, 2015 Complaint. 

On August 25, 2015, the Respondent failed to file either a written Response and/or a 

written Answer. 

Brief Discussion: 

Pursuant to 14 C.F .R. § 13 .209(f), a responding party who has not filed a timely answer 

to a Complaint may avoid a default finding by presenting good cause reasons (if any) for the 

failure to file a timely Answer. The August 10, 2015 Order provided the Respondent, Caliber Jet 

Charter, LLC, an opportunity to respond to the FAA's August 5, 2015 Motion for Decision, and 

to state what good cause reason(s ), if any, it might have for its failure to file a timely Answer. As 

oftoday's date, the Respondent has failed to appear in, respond to, or defend this action. 
Conclusion: 

Pursuant to 14 C.F.R. §§ 13.209 and 13.218, and after reviewing all pleadings and 

documents, as well as all relevant caselaw, decisions, regulations, statutory authority, and being 

fully advised; 

IT IS HEREBY ORDERED: 

1. The Respondent, Caliber Jet Charter, LLC, has abandoned any defense ofthis case, and is 

in default. 

2. The FAA's August 5, 2015 Motion for Decision is granted. 

3. The factual allegations in the FAA's June 4, 2015 Complaint (Compl. 1-3 ~II (1-20)), 

which asserted that on or about May 28,2014 the Respondent operated a LearJet 60 

aircraft, identification number N929SR, in violation of multiple Federal Aviation 

Regulations, are admitted as true. 

4. The legal conclusions alleged in the FAA's June 4, 2015 Complaint (Compl. 3-4 ~II [sic] 

(a-d)), which asserted that on or about May 28,2014 the Respondent violated 14 C.F.R. 

§§ 91.13(a); 125.95(b); 135.267(d); and 135.301(b) are deemed proven. 

5. The FAA's proposed $17,600 civil penalty for the proven violations is within the 

statutory range and is uncontested. 

6. The Respondent is hereby assessed a total civil penalty of $17, 600 for the proven 

violations. 

7. The Litigation Scheduling Conference, set for Thursday, October 15,2015 (10:00 am 

ET) is cancelled. 

8. Pursuant to 14 C.F .R. § 13 .232( d), this Order shall be considered a final order assessing 

civil penalty unless either pmiy files a notice of appeal within 10 days of service of this 

Order pursuant to 14 C.F.R. § 13.233. 

Attachment: Service List 

Page 2 of 2 
SERVICE LIST- BY U.S. MAIL 

Federal Aviation Administration 

800 Independence A venue, S. W. 

Washington, DC 20591 

ORIGINAL & ONE COPY 

Attention: Hearing Docket Clerk, AGC--430 

Wilbur Wright Building-Suite 2W1 0001 

Ms. Judith L. Vaughan 

Complainant's Counsel 

ONE COPY 

Office of the Regional Counsel, Eastern Region 

Federal Aviation Administration 

1 Aviation Plaza 

Jamaica, NY 11434 

TEL: 718-553-3255 

FAX: 718-995-5699 

Mr. Michael Asseff 

Respondent's Counsel 

29550 Detroit Road 

Westlake, OH 44145 

TEL: 440-521-1658 

Judge J.E. Sullivan 

US. Administrative Law Judge 

Office ofHearings, M-20 

U.S. Department of Transportation 

1200 New Jersey Avenue, S.E. (Ell-310) 

Washington, DC 20590 

TEL: 202-366-6941 

FAX: 202-366-7536 

Docket No. FAA-2015-1320 

(Civil Penalty Action) 

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

Aviation Administration, 600 Independence Avenue, S.W., Wilbur Wright Building-Suite 2W1000, Washington, 

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

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