SERVED AUGUS T 4, 2010 '-rPT CFJ-'-V^^PORWION 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, DC 

IN THE MATTER OF 

PRECISION DISPLAYS AND TOOLS 

FAA DOCKET No. CP09AL0008 

(Civil Penalty Case) 

DMS FAA-2009-0733 

ORDER GRANTING MOTION FOR DECISION 

This Order grants the pleading of Complainant, Federal Aviation Administration 

("Complainant" or "agency") filed July 19, 2010 and entitled Motion for Decision on 

Violations ("Motion for Decision"). Some background is necessary. 

Earlier, on June 30, 2010, Complainant had filed a motion asking me to compel 

Respondent Precision Displays and Tools ("Respondent") to answer Complainant's 

discovery request. The discovery request had consisted of requests for admissions, 

interrogatories, and a request for production. Complainant's motion to compel also had 

asked me to rule that Respondent's failure to answer its requests for admission be deemed 

an admission of the truth of the statements contained in those requests. I issued an Order 

to Show Cause ("OSC"). The OSC directed Respondent to provide by July 14, 2010 

(receipt date) "full and complete substantive answers" to each request propounded in 

Complainant's discovery request, or risk sanctions.' Respondent provided to 

Complainant a response to the discovery request on the due date. 

' The types of sanctions included, but were not limited to, allegations in the Complaint might be deemed 

admitted; any and all matters in Complainant's requests for admission might be deemed admitted; 

Respondent could be precluded fi-om introducing any evidence at the hearing other than personal 

testimony; and a default judgment could be entered against Respondent in the full amount of the civil 

penalty requested. Order to Show Cause, ordering paragraph #3. 
The OSC also had directed Respondent to state by July 14, 2010 why the relief 

Complainant had requested in its motion to compel should not be granted. Respondent 

filed no response to this element of the OSC. 

The agency's Motion for Decision now before me seeks partial summary -^ 

judgment under 14 C.F.R. §13.218(f)(5), requesting that the violations it has alleged be 

found. In support. Complainant makes two points. First, it asserts that Respondent failed 

to follow the OSC's direction to provide fiill and complete substantive responses to each 

discovery request. Second, it contends that no genuine issue of material fact regarding 

the violations alleged remains, and it is therefore entitled to judgment as a matter of law. 

The proceeding should be limited to the issue of an appropriate civil penalty, the agency 

asserts. 

Complainant more specifically supports its request for relief in alleging that 

Respondent's responses to the agency's requests for admission were partial, "cursory," 

and "devoid of meaning." Complainant states fiirther that Respondent did not respond to 

its interrogatories or request for production at all. In support of its second point. 

Complainant contends that Respondent has acknowledged facts sufficient to prove the 

violations it has alleged. 

Respondent did not answer the Motion for Decision. 

I find that Respondent has admitted facts and conclusions which show that it has 

violated each of the regulatory provisions it is charged with violating. Respondent has 

admitted that its employee offered an undeclared shipment which contained hazardous 

materials and that, further, that employee had not received the requisite hazmat training 

{see Exhibit A to the Motion for Decision, pp. 5-6). In this light. Complainant is entitled 

to summary judgment on every charge, excepting penalty. 

There are independent grounds, moreover, for granting the relief requested. 

Respondent's failure to contest Complainant's allegation that Respondent's discovery 

response did not comply with the direction of the OSC to provide "fiill and complete" 

responses constitutes, under the circumstances, an admission of the truth of that assertion. 

The OSC had wamed that failure to submit a complete response would warrant sanctions. 

Finally, Respondent's failure to state why the relief Complainant requested - that the 

truth of the statements contained in its requests for admission be deemed admitted -

should not be granted also constitutes a basis for according the relief Complainant 

requests in its Motion for Decision. 

WHEREUPON, for all these reasons, it be and is hereby ORDERED as follows: 

1. Complainant's motion for partial summary judgment is hereby granted; 

2. The allegations of the Complaint, excepting those dealing with the issue of 

penalty, are found to be proven; 
3. The hearing will take place as scheduled on August 17, 2010; and 

4. The hearing will be limited to the question of sanction. 

i.^ 

Lichard UTGoodwin 

U.S. Administrative Law Judge 

Attachment - Service List 
FAA Docket No. CP09AL0008 

(Civil Penalty Action) 

SERVICE LIST 

ORIGINAL & ONE COPY 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Washington, DC 20591 

Attention: Hearing Docket Clerk, AGC-43 0 

Wilbur Wright Building - Suite 2W1000' 

ONE COPY 

Robert Persekian, Owner 

Precision Displays and Tools, Respondent 

1555 Alum Rock Avenue, Suite 20 

San Jose, CA 95116 

TEL: 408-504-2515 

FAX: 408-251-7990 

Howard L. Martin, Jr., Complainant's Counsel 

Regional Counsel, Office of the Regional Counsel, AAL-7 

Alaskan Region 

Federal Aviation Administration 

222 West 7* Avenue, Box 14 

Anchorage, AK 99513-7587 

TEL: 907-271-5269 

FAX: 907-271-2800 

The Honorable Richard C. Goodwin, Administrative Law Judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

1200 New Jersey Avenue, S.E. 

East Building Ground Floor, Room El2-320 

Washington, DC 20590 

TEL: Attorney-Advisor 202-366-2139 

Legal Assistant 202-366-5121 

FAX: 202-366-7536 

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

Hearing Docket, Federal Aviation Administration, 600 Independence Avenue, S. W., Wilbur Wright Building - Room 

2014, Washington, DC 20591, Attention: Hearing Docket Clerk, AGC-430.