In The Matter Of: CALIBERJET 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 )


### ORDERFINDING RESPONDENT IN DEFAULT, GRANTING THE FAA'S MOTION FORDECISION, AND ASSESSING CIVIL PENALTY

On August 5, 2015 the FAA filed a Motion for Decision orIn the Alternative to Limit the Hearing to the Issue ofSanctions ("Motion for Decision"). On August I0, 2015, an Order Setting Deadline for the Respondent to Show Cause and to File an Answer, and Reserving Other Reliefwas filed. Among other things, this August 10, 2015 Order set a deadline ofAugust 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. BriefDiscussion: 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 (ifany) 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), ifany, 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 ofmultiple 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 ofappeal within 10 days ofservice ofthis Order pursuant to 14 C.F.R. § 13.233.

Attachment: Service List
Page 2 of 2

### SERVICE LIST- BYU.S. 

### MAIL

FederalAviationAdministration 800 Independence Avenue, S.W. Washington, DC 20591 ORIGINAL & ONE COPY



### Attention: Hearing Docket Clerk, AGC--430 WilburWright Building-Suite2W10001



### Ms. Judith L. 

### Vaughan 

### Complainant's Counsel ONE COPY



### Office ofthe Regional Counsel, EasternRegion Federal AviationAdministration 1AviationPlaza Jamaica, NY 11434 TEL: 718-553-3255 FAX: 718-995-5699 Mr. MichaelAsseff 

### Respondent's Counsel 29550 DetroitRoad Westlake, OH44145 TEL: 440-521-1658 Judge J.E. Sullivan 

### US. AdministrativeLawJudge Office ofHearings, M-20 U.S. DepartmentofTransportation 1200NewJersey Avenue, S.E. (Ell-310) Washington, DC 20590 TEL: 202-366-6941 FAX: 202-366-7536 DocketNo. FAA-2015-1320 (Civil PenaltyAction)

1 Service was byU.S. Mail. For service inperson orby expeditedcourier, use the following address: Federal AviationAdministration, 600 Independence Avenue, S.W., WilburWright Building-Suite2W1000, Washington, DC 20591; Attention: HearingDocket Clerk, AGC--430. Page 3 of2