/" 

^ 

SERVED OCTOBER 28, 2011 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, DC 

IN THE MATTER OF 

CORNERSTONE AVIATION, INC. 

FAA DOCKET No. [TO BE ASSIGNED] 

(Civil Penalty Action) 

FDMS No. FAA-20n-0481 

IN THE MATTER OF 

CORNERSTONE AVIATION, INC. 

FAA DOCKET No. [TO BE ASSIGNED] 

(Civil Penalty Action) 

" FDMS No. FAA-2011-0484 

IN THE MATTER OF 

CORNERSTONE AVIATION, INC. 

FAA DOCKET No. [TO BE ASSIGNED] 

(Civil Penalty Action) 

FDMS No. FAA-2011-0489 

A "r J U 
ORDER GRANTING COMPLAINANT^S MOTION 

FOR LIMITED SUIMMARY JUDGMENT 

IN DMS NO. FAA-2011-0484 

Complainant Federal Aviation Administration ("Complainant" or 'the agency") 

filed a Motion for Decision or, in the Alternative, Motion for Summary Judgment 

("Motion") in one of these consolidated matters, DMS No. FAA-2011-0484 ("0484"). 

The Motion argues that Respondent Cornerstone Aviation, Inc. ("Respondent" or 

"Cornerstone") has admitted all the relevant facts constituting the basis for the agency's 

asserted violations of the Federal Aviation Regulations ("FARs"); therefore, the agency 

continues, no genuine issue of material fact exists and it is entitled to judgment as a 

matter of law. In the alternative. Complainant requests that the allegations be treated as 

established and the controversy limited to the question of sanction.' 

The Complaint in 0484 asserts that Cornerstone, an air agency certified to operate 

a Part 141 pilot school, issued a student a graduation certificate although the student had 

not completed all course requirements. As such, the Complaint states, Cornerstone 

violated FAR §§141.77(a)(1) (issuing a graduation certificate to a student who had not 

completed all training); 141.77(b) (graduating a student who had failed to complete all 

curriculum requirements); 141.83(a)(1) (failing to comply with Cornerstone's approved 

training course); and 141.101(a) (failing to maintain a current and accurate student 

record). In support of its conclusion. Complainant's Motion argues that Respondent's 

Answer, together with certain discovery responses, admits that the student named in the 

Complaint enrolled in Cornerstone's approved Instrument - Airplane course of training 

without receiving the 30.0 hours of ground training required by the syllabus, yet was 

issued a graduation certificate attesting to completion of all course requirements. These 

admissions, the Motion continues, establish that Respondent violated each of the named 

FARs. 

Respondent answered the Motion. It did not, however, contest Complainant's 

reasoning or conclusions. 

I conclude that Complainant is entitled to summary judgment on the question of 

liability. The documents it cites establish that Respondent admitted to violations of 

§§141.77(a)(l), 141.77(b), 141.83(a)(1), and 141.101(a). The facts thus determined, 

however, do not establish the appropriate sanction. That issue will be heard as part of the 

consolidated hearing. 

WHEREFORE, it is ORDERED in DMS NO. FAA-2011-0484 as follows: 

1. Complainant's Motion for Decision is DENIED; 

' The ftill title of the motion is "Motion for Decision or, in the Alternative, Motion for Summary Judgment 

Hereafter Limiting Hearing to Sanction." 
y 

2. Complainant's Alternative Motion for Summary Judgment Hereafter 

Limiting Hearing to Sanction is GRANTED; 

3. Respondent is found in violation of 14 C.F.R. §§141.77(a)(]), 141.77(b), 

141.83(a)(1), and 141.101(a) as stated in this Order; and 

4. The hearing in DMS No. FAA-2011-0484 will be limited to the issue of 

sanction. 

.Richard C. Goodwin 

U.S. Administrative La 

Attachment - Service List 
FDMS Nos FAA-2011 

0481, 0484 and 0489 

(Civil Penalty Action) 

SERVICE LIST 

ORIGINAL & ONE COPY 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Washington, DC 20591 

Attention: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building—Suite 2W1000' 

ONE COPY 

Susan Horstman, Chief Executive Officer 

Cornerstone Aviation, Inc., Respondent 

337 North 2370 West #130 

Salt Lake City, UT 84116 

TEL; 801-355-2244 

Jeffrey M. Harper, Complainant's Counsel 

Attorney, Office of the Regional Counsel 

Northwest Mountain Region, ANM-7 

Federal Aviation Administration 

1601 Lind Avenue, S.W. 

Renton,WA 98057 

TEL: 425-227-2161 

FAX-. 425-227-1007 

The Honorable Richard C. Goodwin, 

Administrative Law Judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

1200 New Jersey Avenue, S.E. 

Washington, DC 20590 

TEL: 202-366-2139 Attorney-Advisor 

202-366-5121 Legal Assistant 

FAX: 202-366-7536 

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

Federal Aviation Administration, 600 Independence Avenue, S.W., Wilbur Wright Building—Suite 

2W1000, Washington, DC 20591; Attention: Hearing Docket Clerk, AGC^30. 

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