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### DavidCarl Williams (Pro Se) 1 

### Global Arms and Ammunition 28-37'h StreetN.E., Suite A 2 

### Auburn, Washington 98002 Telephone: (206) 325-9400 

# HE/U11 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS

WASHINGTON, D.C.



### Inthe Matter of GLOBAL ARMS AND AMMUNITION ) DOCKET NUMBERFAA-20 14-0320 ) FAA CASE NUMBER20 12NM710034 ) ) 

### ) RESPONDENT'S MOTION FORLEAVE ) TO FILE AN ANSWER ) 

## 1-----------------------) To: Your Honor: ln accordance with 14 Code ofFederal Regulations (C.F.R.) Section 13.218(c), Respondent Global Arms and Ammunition brings this Motion for Leave to File an Answerbecause good cause exists. FACTS 

### Global Arms and Ammunition (hereon Global Arms) was served a copy ofComplainant FAA's Motion for Decision on September 18,2014. This was the first notice that Global Arms received regarding its case since dismissal ofthe Order Proposing Civil Penalty on July 11, 2014. Global Arms was not served on August 15, 2011 as alleged by Complainant. Further, Global Arms denies thatit was served on August 15,2014. On that date, Global Arms was open for business from I0:00 a.m. to 6:00 p.m. During these hours, an employee ofGlobal Arms was on staffat all times. Global Arms did not receive any certified mail from the FAA, norwas there Respondent's Motion for Leave to File an Answer Global Arms andAmmunition- 2012NM710034 DMS No. FAA-2014-0320. Page 1 of3. Global Arms and Ammunition David Carl Williams (ProSe) Tel: 206-325-94001 a non-deliveredmail slip left at its door ormailbox. In fact, Global Arms did notreceive any 2 further communication from the FAA until September 18,2014 when it was served a certified 3 copy ofComplainant's Motionfor Decision (see Exhibit I and 2). Complainant's Motion for 4 Decision was served and received by Global Arms without incident. s On October 13, 2014, Global Arms went in person to the FAA's regional office in 6 Renton, Washington and attemptedto obtain a copy ofthc Complaint; however, the office was 7 closed. The next day, Global Arms again attempted to obtain the Complaintin personbut the 8 FAA's staffrefused to see Global Arms without an appointment. Global Arms was finally able to 9 obtain a copy ofthe Complaintby emailing Kyle Lomazow, the FAA attorney. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 

### ARGUMENT The Court should not deem Global Ann's failure to answer the FAA's complaint as an admission oftruth and should accept Global Ann's Answer because good cause exists. An untimely answer maybe excusedifgood cause is shown. 14 C.F.R. § 13.218(c);Jn theMatter 

### ofVictoria Grady, DMS No. FAA-2003-15263, 2004 WL 1192462. Even in cases where the complaint andthe motion were accompanied bycertificates ofservice, the Courthas granted Respondent an opportunity to demonstrate good cause for failure to answer the complaint. 

### I d. at 2. When deciding whether good cause exists, the court looks to the reason whythe document was filed late. 

### Id. at I. The Courthas found that good cause exists when: "(a) [respondent's] counsel did notknowthat a complaint had been filed until a motion for decision was filed because counsel hadbeenhavingproblems with an employee's not notifying him ofserved documents ...; (b) counsel acted promptly to cure the default upon learning ofit; (c) the default caused only minimal delay; and (d) complainant did notclaim prejudice." 

### Id. Respondent's Motion for Leave to File an Answer Global Arms and Ammunition- 2012NM710034 DMS No. FAA-2014-0320. Page 2 of3. Global Anns and Ammunition David Carl Williams (Pro Se) Tel: 206-325-94001 Here, Global Arms neverreceived the FAA's Complaint eventhoughithad staffon site 2 during normal business hours. A non-delivered mail slip was not left at its door ormailbox, and 3 Global Arms had no way ofknowing that ithadbeen served a Complaint. Global Arms did not 4 receive any subsequent certified mail or non-delivered mail slips from the FAAuntil September s 18,2014 when it was served with Complainant's Motion for Decision. Global Arms has now 6 promptly filed and served its Answer along with its Motion for Leave to Answer. The defaulthas 7 caused onlyminimal delay, and the complainanthas not claimed prejudice. 8 9 

### PRAYERFOR RELIEF 1o Global Arms has only sought an opportunity for a fair hearing to explain the 11 circumstances. For the reasons above, Global Arms respectfully request that this Court: 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 1. Grant its Motionfor Leave to File an Answer; 2. Accept its Answerto the FAA's Complaint; 3. Dismiss Complainant's Motion for Decision; and 4. Grant any further reliefdetermined bythis Court to be fair and equitable under the circumstances.

DATED this 14th day ofOctober, 2014. ________



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Respondent's Motion for Leave to File an Answer Global Arms and Ammunition- 20l2NM7l0034 DMS No. FAA-2014-0320. Page 3 of3. 

# :;:;;is=d~ David"CiirlWilliams (Pro Se) Global Arms and Ammunition

Global Arms and Ammunition

David Carl Williams (Pro Se) Tel: 206'325-9400

# EXHIBIT 1

### AFFIDAVIT OF KIMLAM RE: In the Matter ofGlobal Arms and Ammunition To all concerned: Myname is Kim 

### Lam, I work with DavidWilliams at Global Arms and Ammunition. I worked onAugust 15, 2014 on site at 28-37'h StreetN.E., Suite A, Auburn, Washington 98002. We arrived at approximately 10:00 a.m. as shown in the security camera picture (Exhibit 2). I was at workfrom 10:00 a.m. to approximately 6:00p.m. I ate lunch on site and did not leave at any time during those hours. From August 15, 2014 to September 8, 2014, neither I norDavidWilliams received any mail from the FAA and no mail pick-up slip was left at the door or in the mailbox. We received nothing from the FAAuntil September 18,2014. Respectfully,

# EXHIBIT 2