### Inthe matter of: U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS

WASillNGTON, D.C. 

### FAA DocketNo. FAA-2016-4266 Case No. 2015S0700062 PREMIERE NAIL SOURCE, INC. ) ) ) ) ) ) 

### Judge J.E. Sullivan RespondentMOTION TO DEEM ADMITTED AND MOTION FORDECISION 

## 2

## 5 20!6

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 ofits obligation to file an Answer within 30 days. Complaint at 11. As ofthis date, Respondent has not filed an Answer. Exhibit A'\[ 5. Accordingly, the FAA moves for the Complaintto be deemed admitted 1 

### and forjudgment onthe pleadings. "A person's failure to file an answer without good cause shall be deemed an admission ' .. " . - ,,. ... ' i I

**~** l > 

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

### make a motion for decision, regarding all or any part ofthe proceedings, at any time before the administrative lawjudgehas issued an initial decision inthe 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 lawjudge has officially noticed, or evidence introduced during the hearing show that there is no genuine issue ofmaterial fact and thatthe party making the motion is entitledto a decision as a matter oflaw. The partymakingthe motion for decision has the burden of showing that there is no genuine issue ofmaterial fact disputed bythe 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 ofthe service ofthe Complaint. 14 C.P.R.§ 13.209(a). Even adding 5 days because the service ofthe 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 forjudgment on the pleadings,
as with the factual and legal allegations in the Complaint admitted, there remains no genuine issue ofmaterial fact to be determined inthis case. 

# M Respectfully submitted this \ 

### <lj day ofApril, 2016,



# ~~- CHRISTOPHER R. 

## stE\TENS()N"> Attorney EnforcementDivision, Southern Team 1701 ColumbiaAvenue, College Park, GA 30337 email: chris.stevenson@faa.gov Telephone: (404) 305-5200 (main) (404) 305-5208 (direct) (404) 305-5223 (facsimile)

2CERTIFICATE OF SERVICE Ihereby certify that on this date, I have sentbyU.S. Certified Mail- return receipt requested, a copy ofthe foregoing Motionto Deem Admitted and Motion for Decision inthe matter ofPremierNail Source, FAADocketNo. FAA-2016-4266, Case No. 20l5S0700062, to: Daniel Kerzner PremierNail Source, Inc. 5454 W. Crenshaw Street Tampa, FL 33634 The Honorable J.E. Sullivan Office ofHearings, M-20 U.S. Department ofTransportation 1200New JerseyAvenue, S.E. (Ell-310) Washington, D.C. 20590 In addition, I hereby certify that onthis date, I have sent by U.S. Certified Mail- return receipt requested, the original and one copy ofthe foregoing documentto:

Date: Hearing Docket Federal Aviation Administration 800 Independence Avenue, SW Washington, DC 20591 Attn: Hearing Docket Clerk, AGC-430 Wilbur Wright Building- Suite 2W1000



### 3In the matter of: U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS

WASHINGTON, D.C. FAADocketNo. FAA-2016-4266 Case No. 2015S0700062 PREMIERENAIL SOURCE, INC. ) 

### ) ) ) 

### ) ) Judge J.E. Sullivan Respondent DECLARATION OF CHRISTOPHER STEVENSON COMES NOW the Declarant, Christopher Stevenson, and states as follows: 1. I am overthe age of 18 and I understand the obligations ofan oath. 2. As described inthe Complaint's Certificate ofService, the Complaintwas served on Respondent on March 3, 2016, by certified andregular mail. 3. United States Postal Service tracking information indicates that the certifiedmail copy of the Complaint was delivered onMarch 7, 2016. 4. Neitherthe certified mail northe regular mail copy ofthe Complaintthat were served on Respondent has beenreturned to my office. 5. I have notreceived any Answer, or any otherresponsive pleading, from Respondent. I, Christopher Stevenson, declare this_day ofApril, 2016, under penalty ofperjury that the above statements are true and correct. Christopher Stevenson

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