In the matter of: 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

W ASillNGTON, D.C. 

FAA Docket No. FAA-2016-4266 

Case No. 2015S0700062 

PREMIERE NAIL SOURCE, INC. 

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Judge J.E. Sullivan 

Respondent 

MOTION TO DEEM ADMITTED AND MOTION FOR DECISION 

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The FAA's Complaint in this matter was filed on March 3, 2016, and received by 

Respondent no later than March 7, 2016. Complaint at 11-12; Exhibit B. The Complaint 

specifically notified Respondent of its obligation to file an Answer within 30 days. Complaint at 

11. As of this date, Respondent has not filed an Answer. Exhibit A'\[ 5. Accordingly, the FAA 

moves for the Complaint to be deemed admitted1 and for judgment on the pleadings. 

"A person's failure to file an answer without good cause shall be deemed an admission ' .. " . - ,,. ... ' 

i I ~ l > 

offue truth of each allegation contained in the complaint." 14 C.F.R. § 13.209(±). "A party may <-, ., • ' 

make a motion for decision, regarding all or any part of the proceedings, at any time before the 

administrative law judge has issued an initial decision in the proceedings. The administrative law 

judge shall grant a party's motion for decision if the pleadings, depositions, answers to 

interrogatories, admissions, matters that the administrative law judge has officially noticed, or 

evidence introduced during the hearing show that there is no genuine issue of material fact and 

that the party making the motion is entitled to a decision as a matter of law. The party making the 

motion for decision has the burden of showing that there is no genuine issue of material fact 

disputed by the parties." 14 C.F.R. § 13.208(±)(5). 

1 
The Respondent in this case was required to file an Answer (or other responsive 

pleading) within 30 days of the service of the Complaint. 14 C.P.R.§ 13.209(a). Even adding 5 

days because the service of the Complaint was by mail, the Respondent's Answer was due by 

April 7, 2016. As of this date, Respondent's Answer is due, but no Answer has been filed. 

Exhibit A~ 5. Accordingly, the FAA moves that the allegations in the Complaint be deemed 

admitted, pursuant to § 13.209(±). The Administrator also moves for judgment on the pleadings, 

as with the factual and legal allegations in the Complaint admitted, there remains no genuine 

issue of material fact to be determined in this case. 

M 

Respectfully submitted this \ <lj day of April, 2016, 

CHRISTOPHER ~~-R. stE\TENS()N"> 

Attorney 

Enforcement Division, Southern Team 

1701 Columbia Avenue, College Park, GA 30337 

email: chris.stevenson@faa.gov 

Telephone: (404) 305-5200 (main) 

(404) 305-5208 (direct) 

(404) 305-5223 (facsimile) 

2 
CERTIFICATE OF SERVICE 

I hereby certify that on this date, I have sent by U.S. Certified Mail- return receipt 

requested, a copy of the foregoing Motion to Deem Admitted and Motion for Decision in the 

matter of Premier Nail Source, FAA Docket No. FAA-2016-4266, Case No. 20l5S0700062, to: 

Daniel Kerzner 

Premier Nail Source, Inc. 

5454 W. Crenshaw Street 

Tampa, FL 33634 

The Honorable J.E. Sullivan 

Office of Hearings, M-20 

U.S. Department of Transportation 

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

Washington, D.C. 20590 

In addition, I hereby certify that on this date, I have sent by U.S. Certified Mail- return 

receipt requested, the original and one copy of the foregoing document to: 

Date: 

Hearing Docket 

Federal Aviation Administration 

800 Independence Avenue, SW 

Washington, DC 20591 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building- Suite 2W1 000 

3 
In the matter of: 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

FAA Docket No. F AA-2016-4266 

Case No. 2015S0700062 

PREMIERE NAIL SOURCE, INC. 

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) 

) 

) 

) 

) 

Judge J.E. Sullivan 

Respondent 

DECLARATION OF CHRISTOPHER STEVENSON 

COMES NOW the Declarant, Christopher Stevenson, and states as follows: 

1. I am over the age of 18 and I understand the obligations of an oath. 

2. As described in the Complaint's Certificate of Service, the Complaint was served on 

Respondent on March 3, 2016, by certified and regular mail. 

3. United States Postal Service tracking information indicates that the certified mail copy of 

the Complaint was delivered on March 7, 2016. 

4. Neither the certified mail nor the regular mail copy of the Complaint that were served on 

Respondent has been returned to my office. 

5. I have not received any Answer, or any other responsive pleading, from Respondent. 

I, Christopher Stevenson, declare this_ day of April, 2016, under penalty of perjury 

that the above statements are true and correct. 

Christopher Stevenson 

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