### U.S. DEPARTMENT OF TRANSPORTATION OFFICE OFHEARINGS FEDERAL AVIATION ADMINISTRATION 

# RECEIVED OCT 10 2014 

## HEARING DOCKET

FEDERAL AVIATION ADMINISTRATION, FAA Case No. 2010-S0-190295 Complainant, FAADocketNo.@01L)- 

# (Jp8d v. MIAMI TECH AIRCRAFT MAINTENANCE, INC. Respondent.



### ----------------------~/ ANSWERAND AFFIRMATIVE DEFENSES Respondent, MIAMI TECH AIRCRAFT MAINTENANCE, INC. (hereinafter, "Respondent"), by and through its undersigned counsel, files this its Answer and Affirmative Defenses to the Complaint, and in support hereofstates as follows: 1. Respondent admits that it is the holder ofthe certificate alleges. All other inferences on this allegation are denied. 2. Respondent admits that its Repair Station manual says what it says. All other allegations inthis paragraph are denied. 3. Admitted.
a. Denied. b. Denied. 4. Denied.
a. Denied. b. Denied. 

### 1 GRIFFIN, SERRANO & EWING, P.A. BLACKSTONEBUilDING,SIXIHFLOOR,707 SOUTHEAST3JID t\VENU£1 FORTLAUDERDJ\LE, FLORIDA 33316,TELEPHONE (954) 462-4002,FACSIMILE (954) 462-40095. Denied. 6. Admitted inpart and denied inpart. 7. Denies each allegation in this paragraph in that the manual referenced speaks for itself. All inferences contained inthis paragraph are denied. 8. Denied. 9. Denied. 10. Respondent admits that it provided requisite training to its mechanics; however denies all other allegations and inferences raised inthis paragraph. 11. Denied. 12. Denied.
a. Denied. b. Denied.
c. Denied. 13. Omitted from complaint. In an abundance ofcaution denied. 14. Denied. 15. Denied. AFFIRMATIVE DEFENSES AFFIRMATIVE DEFENSE NO. 1: Respondent states that at all time material it used maintenance procedures and techniques approved and required by the Administrator, including but not limited to procedures and techniques mandated by the FAA to the part 121 operator to whom services werebeing provided.

2 GRIFFIN, SERRANO & EWING, P.A. BLACKSTONE

**BCILDING~S1XTH** f<I.OOR, 707 SOUTHEAST 3RDAVENUE, fORTLAUDERDALE, FLORIDA 33316,TELEPHONE (954) 462-4002,1' ACSIMILE (954) 462-4009

### AFFIRMATIVE DEFENSE NO.2: Respondent states that the services provided complied with the procedures and techniques approved, required and mandated to the operator by the FAA. AFFIRMATIVE DEFENSE NO.3: Respondent states that all servtces performed were under the auspice ofa 14 CFR 121 certificated operator. AFFIRMATIVE DEFENSE NO.4: Respondent states that all inspections, signoffs, returns to service, and other final approvals were performedby and/or under the auspice ofthe Part 121 operator who owned and or operatedthe subject aircraft. AFFIRMATIVE DEFENSE NO.5: Respondent states that the Part 121 operator provided training and testing in accordance with its Operations Specifications for the maintenance beingperformed. AFFIRMATIVE DEFENSE NO.6: Respondent states that the FAA reviewed, revised, approved andotherwise ratified the maintenance and inspections techniques providedby the Part 121 operator and used by the Respondent inthis case. AFFIRMATIVE DEFENSE NO.7: Respondent states that the FAA reviewed, revised, approved and otherwise ratifiedthe training and testing practices employed inthis case. Respondent reserves the right to supplement or amend these Affirmative Defenses upon further investigation and discovery.

SUGGESTEDLOCATION Respondent hereby suggests Miami, Florida as the location for the hearing.
3 GRIFFIN, SERRANO & EWING, P.A. BLAcKsToNEBuiLDING>SIXTH Fr.ooR, 707 SoUTIIEA.'>T .3RDA

**VENUE~** J70R1'LAUDERDALE,FLORIDA 33316,TELEPHONE (954) 462-4002,fiACS!MJLE (954) 462-4009CERTIFICATE OF SERVICE WE HEREBY CERTIFY that a true and correct copy of the foregoing was served on October 9, 2014 to all parties on the attached service list.

Federal AviationAdministration Office ofthe Regional Counsel, AS0-7 SouthernRegion 1701 ColumbiaAvenue College Park, GA 30337 Telephone: (404) 305-5200 Facsimile: (404) 305-5223 Hearing Docket clerk FAA, AGC-430, Suite 2Wl000 Wilbur Wright Building 800 Independence Avenue, SW Washington, DC 20591 GRIFFIN, SERRANO & EWING, P.A. Attorneys for DEFENDANTS Blackstone Building, SixthFloor 707 Southeast 3'd Avenue FortLauderdale, Florida 33316 Phone: (954) 462-4002 Fax: (954) 462-4009 Is/Juan R. Serrano Juan R. Serrano Florida BarNo. 319510 Jonathan A. Ewing Florida BarNo. 40972

Service List

4 Miami Tech Aircraft Maintenance, Inc. c/o Amasvido Rodriguez CEO P.O. Box 520657 Miami, Florida 33152 Miami Tech Aircraft Maintenance, Inc. c/o Amasvido Rodriguez CEO 5200 NW 36th Street, Building 862 Miami, Florida 33166

GRIFFIN, SERRANO & EWING, P.A. BLACKSTONE

**BUILDING~** SIXTH FLOOR, 707 SOVTIIE.A.ST .:)RD A VENUE, FORTL'UDERDALE, !'LORIDA 33316,TELEPHONE (954) 462-4002, FACSIMILE (954) 462-4009