fiR·- ll'·' '• t=:-'_ ' "" c· I k _)1 

David Carl Williams (Pro Se) 

1 Global Arms and Ammunition 

28-37'h Street N.E., Suite A 

2 Auburn, Washington 98002 

Telephone: (206) 325-9400 HE/U11 3 

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UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

In the Matter of 

GLOBAL ARMS AND AMMUNITION 

) DOCKET NUMBER F AA-20 14-0320 

) FAA CASE NUMBER 20 12NM71 0034 

) 

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) RESPONDENT'S MOTION FOR LEAVE 

) TO FILE AN ANSWER 

) 

1-----------------------) 

To: Your Honor: 

ln accordance with 14 Code of Federal Regulations (C.F.R.) Section 13.218(c), Respondent 

Global Arms and Ammunition brings this Motion for Leave to File an Answer because good 

cause exists. 

FACTS 

Global Arms and Ammunition (hereon Global Arms) was served a copy of Complainant 

FAA's Motion for Decision on September 18,2014. This was the first notice that Global Arms 

received regarding its case since dismissal of the 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 that it was served on August 15,2014. On that date, Global Arms was open 

for business from I 0:00 a.m. to 6:00 p.m. During these hours, an employee of Global Arms was 

on staff at all times. Global Arms did not receive any certified mail from the FAA, nor was there 

Respondent's Motion for Leave to File an Answer 

Global Arms and Ammunition- 2012NM710034 

DMS No. FAA-2014-0320. 

Page 1 of3. 

Global Arms and Ammunition 

David Carl Williams (ProSe) 

Tel: 206-325-9400 
1 a non-delivered mail slip left at its door or mailbox. In fact, Global Arms did not receive any 

2 further communication from the FAA until September 18,2014 when it was served a certified 

3 copy of Complainant's Motion for 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 attempted to obtain a copy ofthc Complaint; however, the office was 

7 closed. The next day, Global Arms again attempted to obtain the Complaint in person but the 

8 FAA's staff refused to see Global Arms without an appointment. Global Arms was finally able to 

9 obtain a copy of the Complaint by emailing Kyle Lomazow, the FAA attorney. 

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ARGUMENT 

The Court should not deem Global Ann's failure to answer the FAA's complaint as 

an admission of truth and should accept Global Ann's Answer because good cause exists. An 

untimely answer may be excused if good cause is shown. 14 C.F.R. § 13.218(c);Jn the Matter 

of Victoria Grady, DMS No. FAA-2003-15263, 2004 WL 1192462. Even in cases where the 

complaint and the motion were accompanied by certificates of service, the Court has 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 why the 

document was filed late. I d. at I. The Court has found that good cause exists when: 

"(a) [respondent's] counsel did not know that a complaint had been filed until a motion 

for decision was filed because counsel had been having problems with an employee's not 

notifying him of served documents ... ; (b) counsel acted promptly to cure the default upon 

learning of it; (c) the default caused only minimal delay; and (d) complainant did not claim 

prejudice." 

I d. 

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: 206-325-9400 
1 Here, Global Arms never received the FAA's Complaint even though it had staff on site 

2 during normal business hours. A non-delivered mail slip was not left at its door or mailbox, and 

3 Global Arms had no way of knowing that it had been served a Complaint. Global Arms did not 

4 receive any subsequent certified mail or non-delivered mail slips from the FAA until 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 default has 

7 caused only minimal delay, and the complainant has not claimed prejudice. 

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9 PRAYER FOR RELIEF 

1 o 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: 

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1. Grant its Motion for Leave to File an Answer; 

2. Accept its Answer to the FAA's Complaint; 

3. Dismiss Complainant's Motion for Decision; and 

4. Grant any further relief determined by this Court to be fair and equitable under the 

circumstances. 

DATED this 14th day of October, 2014. ________ 

~J 

Respondent's Motion for Leave to File an Answer 

Global Arms and Ammunition- 20 l2NM7l 0034 

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 KIM LAM 

RE: In the Matter of Global Arms and Ammunition 

To all concerned: 

My name is Kim Lam, I work with David Williams at Global Arms and Ammunition. I 

worked on August 15, 2014 on site at 28-37'h Street N.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 work from 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 nor David Williams 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 FAA until September 18,2014. 

Respectfully, 
EXHIBIT 2