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DEPARTMENT OF 

^MWSPORTATION 

rr OPERATIONS 

UNITED STATES OF AMERICA C i AUG 21 P U: 33 

DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

*iHrki*:****ifir******1rf*irKir*t 

in the Maner Of * FAA Docket No,: CP10WP0009 

SAMUEL JOSEPH LATHAM 

* 

Respondent * FAA Region: Western-Panfic 

* Judge: Honorable Richar:l C. Goodwin 

+ 

* DMS No. FAA-2010-0624 

MOTION TO DEEM ALLEGATIONS ADMITTED AND TO IS^ UE 

ORDER ASSESSINCJ CIVIL PENALTY 

To; The Honorable Richard C. Goodwin and to Rjespondent acting mpro per hc-^in:; 

COMES NOW, the Regional Counsel of the Wesicm-Pacific Region of the 

Federal Aviation Administration (FAA), by and through his counsel, and files thi'; Motion 

to Deem Allegations Admitted and to Issue Order Assessing Civil Penalty, :T in the 

alternative, to deem allegations admitted and to limit the hearing to the amotiit of the 

sanction pursuant to Section 13.218(a) and 13.209(f) of the Rules of Pracii'ie. This 

motion is based on the fact that no answer has been filed by Respondent. 

Section 13.209(f) of the Rules of Practice [14 C.F.R. Section 13.209(f)] 

states, "A person's failure to file an answer -without good cause shall be deemed £ ri 

admission to the iruth of each allegation contained in the complaint." The coinplrint in 
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this case was served on July 21, 2010. (See attached declaration of Jeff Kamberj.,). The 

Complaint was served by certified mail, return receipt requested, and the return receipt 

indicates that the Complaint was signed for on August 2, 2010. (A true copy of 1 '(\& rcmm 

receipt is attached hereto as Exhibit A and incorporated herein by this reference.)' 

Pursuant to Rule 13.211 (14 C.F.R. § 13.211), the date of service is the date on t)i; proof 

of service, and after service by mail, an additional 5 days is added to the prescrib :d period 

for a response. Accordingly, an answer was due on or before August 25,2010. To date, 

no ans^ver has been received by Complainant from Respondent, nor has he leque.-ted an 

extension of time in which to file a response. 

Respondent was advised of tlie requirement to file an answer on two sepa rate 

occasions. Once, in the cover letter which accompanied the complaint, [in pertj n tint part, 

the letter states: "NOTE TO RESPONDENT: SECTION 13.209 OF TFIE CP ^lULES 

OF PRACTICE REQUIRE THAT A WRITTEN ANSWER TO THE COMPLA"; NT BE 

FILED NOT LATER THAN 30 DAYS AFTER SERVICE OF THE COMPLAEIT. .."] 

(A true copy of the cover letter of the Complaint is attached hereto as Exhibit C c'.nd 

incorporated herein by this reference.) 

Moreover, in accordance with established office procedure, a copy of the Kules of 

Practice applicable in these cases was enclosed with the Notice of Proposed Civi Penalty 

served May 19, 2010, (See attached declaration of Jeff Kamberg.) 

^ A copy of the United States Post Office's '"Track & Confirm" downloaded from ,ww> <.uf^s.coui 

conflrmiiig tbat the compliiioT "was delivered on August 2. 2010. is attached hereto sa exhibit B, and i:s 

incoiporaied herein by this teftrencc. 
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In view of the above, Complainant moves that the allegations in the comp laint be 

deemed admitted, and an Order Assessing Civil Penalty be issued in the amount af 

$27,500.00. Alternatively, it is moved that the allegations be deemed admitted ai id the 

hearing be limited to the issue of the amoimt of the sanction. 

Respectfully submitted, 

Naomi Tsuda 

Regional Counsel 

?ated^Augost27.20lO 
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DECLARATION OF JEFF KAMBERG 

I, Jeff Kamberg, declare as follows; 

All matters stated herein are within my own personal knowledge, and if called zy. a witness, I 

c<>uld, and would competently testify thereto, except for those raatiers stated upon intbnmat on and belief, 

and as to those matters, I believe them to be true: 

1. I am a legal technician in the Office of the Regional Counsel, Fediral Aviation 

Administratioii, Western-Pacific Region. 

2. On July 21, 2010, the original Comjjlaint was served on Samuel Joseph Liitham, 33690 

Almond St. Wildomar, CA 92595 by certified mail, rchim receipt requested (70 .'3 0500 0003 

1132 6142). A true copy of the certified mail receipt is attached hereto as Exhibit A. 

3. On August 2, 2010, the Administrator received PS Form 3811 (Dor-estic Return 

Receipt) signed by someone with the last name Latham, indicating that the Complaint was 

received. A true copy of PS Form 3811 is attached hereto as Exhibit A. 

4. A copy of the United States Postal Service tracking inquiry, downloaded from 

www.usns.com indicating that the Comphiinant was delivered on August 2, 20 .0 i."% attached 

hereto as Exhibit B, 

5. It is established office procedure to enclose a copy of the Rules of Practic<: applicable in 

these cases to the Respondent with the Notice of Proposed Civil Penalty, 

6. On May 19, 2010, the Respondent was served with the Notice of Proposed "'ivil Penalty. 

I declare under penalty of peijury under the laws of the United States of Amrriea that the 

foregoing is true and correct. 

Signed this 27" day of August, 2010 

JEFFK 
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5EMDER : COMPLETt THIS SUCTION 

• Complete heme 1,2, and 3. AJsoootnpiete 

Item A If Restricted Dellvaiy Is doalred. 

• Print your name and address on the iv/erse 

so that wo can relurnthe card to you. 

• Attach this card to th« back of th« rnailpiene. 

or an the frrwrt "rf fipac* pamitts. 

1. Article AddrBBBjad to: 

Samuel Joseph J^atham 

33690 Almond St. 

Wildomar, CA 92595 

Article Nurnber 

^TSBOBbrfirOn «aivtcs tabt^ 

PS Form 3811 , February 2004 

aTrtecSvod by I'MrrlgdNairJb) I C^two of D*IW* 

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f^ P. Is <*ili«ery aOe^^B dllfartint-tit*nT(am 1 ? '"j ^ Y«s . 

If YES, sruw 1 ijllv^YflddrBQEbelbWi^^UN* 

3. SaivtcalVpa 

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D Hagisnrsd D Ftatum Raaiipt for Morchandh;< 

D Insured Ma 1 Q C.O.a 

A. RMtrfctea QelKary? (B(ft» «*»; 0>fe 

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Domesile Return Receipt 102SD«.az-M-i!i« 

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U.S. Postal Service^ 

CERTIFIED MAf U RECEIPT 

(PomeRtic Mai l Only; No Insurance CaveraO'i Provided) 

Fomi 3900. Jun., 2002 

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gOMTED STATES 

POSrALSERi/K£-

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aifyn In 

Track & Confirm 

Tracfc R (:-anfirm E4C13 

Search ftesuHs 

Label/Receipi Number 7003 OfiOO 0003 1132 6142 

S9rvlce(s): Certifi»d Mail 

Status', Delivered 

Your Hem was deliv(»red at •4;32 pm on August 02, 201 Ci in WILDOMAR, 

CA 9259S. 

TTan;k & Cijiitirc-,! 

enter Laoel/R^ceipl r icnber. 

Civ •• 

Deiailed Ke»ults: 

• Delivered. Auyust 02, 2010,4:32 pm, WILDOMAR, CA 9Z5!>5 

- Notice Left, July 23, 2010, 2:26 pm, Y/ILDOWAR, CA 92S9S 

fJcitficaiion Options 

Track & CDnfirm by »mail 

Get current awont information or updates tor your item sent »o you or others by email. •£<> •• 

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Copi riglw;: 2010 USPS. .All Righir; Rcsftivftd. NI'J rfi'AH i(,i 17E0 Oao FOt;^ O ' iJT 

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FAA 

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U.S. Department 

of Transportation 

Federal Aviation 

Admhrtistratibn 

Western-Pacific Region 

Office of ttie Regional Counsel 

P.O. Box 92007 

Los Angeles, CA 90009-2007 

Telephone: (310'725-7117 

Facsimile; (310) 72S-6816 

JUL 2 1 2010 

CERTIFIED MAIL - RETURNT RECEIPT REQUESTED 

Federal Aviation Administration 

800 Independence Avenue, S"W 

Washington. DC 20591 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building—Suite 2W1000 

Re: In the Matter of Samuel Joseph Latham; Case Mo. 201 OWPl 50016 

Enclosed is a copy of a request for hearing dated. July 14,2010, and the original and one 

copy of the Complaint in the above-referenced proceeding. 

I request that the hearing in this matter be held in the Los Angeles, California arta, i iid 

expect that the hearing will last one day. 

Please address all conamunications for the Regional Counsel, Western-Pacific Regio:., to the 

undersigned, at: OfiFice of the Regional Counsel, AWP-7.6, Federal Aviation 

Administration, Western-Pacific Region, P.O. Box 92007, Los Angeles, CA 90009-1007, 

Telephone: (310) 725-7117, FAX: (310) 725-6816. 

Sincerely, 

NAOMI TSUDA 

Regional Coi; 

Enclosures: Request for Hearing, Complaint, Certificate of Service 

NOTE TO RESPONDENT: SECTION 13.209 OF THE CP RULES OF PRACTIClv 

REQUIRE THAT A WRITTEN ANSWER TO THE COMPLAINT BE FILED NOT 

LATER THAN 30 DAYS AFTER SERVICE OF THIS COMPLAINT. AS AN 

ALTERNATIVE TO FILING AN ANSWER, A MOTION MAY BE FILED PURSU^ J^T 

TO SECTIONiJ.208(D) OR SECTION 13.218 (F) (1-4) OF THE RULES OF PRAC]TCE. 

cc: SJC FSDO, AWP-230 £7<VV C 
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CERTIFICATE OF SERVICE 

I hereby certify that on this date 1 have faxed and placed in the United St; ;es mail, 

postage prepaid, the executed original of the MOTION TO DEEM ALLEO.TIONS 

ADMITTED AND TO ISSUE ORDER ASSSSING CIVIL PENALTY, addressed as 

follows: 

The Honorable Richard C. Goodwin 

Administrative Law Judge 

Office of Hearings, M-20 

U.S. Department of TrJisnportation 

1200 New Jersey Avenue, S.E. 

East Building Ground Floor, Room El2-320 

Washington DC 20590 

Facsimile: (202)366-7536 

Federal Aviation Administration 

800 Independence Avenusc, S.W. 

Washington DC 20591 

Attention: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building- Suite 2W1000 

Facsimile: (202) 493-5142 

I fiirther certified that on this date I have placed in the United States mail, postage 

prepaid, certified mail, return receipt requested, a copy of the above addressed to; 

Samuel Joseph Latham 

33690 Ahnond St. 

Wfldomar, CA 92595 

Dated: AUG 2 7 2010 

JeffKWnber£ 

Legal Technician 

Office of the Regional Coims 

Federal Aviation Administration 

Western-Pacific Region 

Hawthorne, California