# I U.S. DEPARTMENT OF TRANSPORTATION 

## MAR 232015 OFFICE OF HEARINGS WASIDNGTON, DC 

## HEARING ***************************** In the Matter of: 

### STARJET, INC. 

### * 

## * * * * * * * * * * * * * * * * 

## * * * * * * * * * * * * * * * * TO: Honorable Richard C. Goodwin and Respondent FAAEIR2014WP230019 FDMS NO. FAA 2014-1115 ALJ- GOODWIN

MOTION TO DEEM ALLEGATIONS ADMITTED 

### COMES NOW, Complainant. by her counsel, and files this motion to deem the allegations admitted pursuant to Rules 13.218(a) and 13.209(e) ofthe Rules ofPractice in FAA Civil Penalty Actions (14 C. F. R. 13.218(a) and 13.209(e). This motion is made on the grounds that Respondent failed to file an answer to the complaint. On December 21, 2014, by regular USPS mail to the Complainant, Respondent requested
ahearing following its receipt ofthe December 10,2014, FinalNotice ofProposed Civil Penalty. On January 6, 2015, the Complainant filed the Complaint with a cover letter. In the cover letter to the Complaint, Complainant notified Respondent that a written Answer to the Complaint be filed not later than 30 days after service ofthe Complaint. On January 9, 2015, the Department of Transportation (DOT) Hearing Docket Clerk acknowledged receipt of the Complaint. On January 15, 2015, in a Notice of Assigmnent of Proceeding, DOT 

### Chief Administrative Law Judge Ronnie 

### A. Yoder assigned this proceeding to Administrative Law Judge Richard C. Goodwin. Per Respondent's request, on February 11,2015, the Complainant sent, by electronic mail transmission, the Complaint to Respondent, as Respondent expressed an understanding that it had to file anAnswerresponding to each paragraph/point ofthe Complaint.On February 19, 2015, your Honor served on the parties a Procedural Order. The Procedural Order addressed the Rule 13.209(a) requirement to file an answer, quoted Rule 13.209(e)- 

### Specific denial of allegations required, and stated under Rule 13.209(f) that a failure to file an answer without good cause is deemed an admission ofeach allegation in the complaint. The Respondent has notfiled an Answerto the Complaint andthe time for Respondentto file a timely Answerhas passed. Accordingly, the Complainantrespectfully requests thatyour Honor deemthe allegations admitted on the grounds that the Respondent has failed to file an answer to the complaint. Inthe event this motion is granted, Complainant submits thatthe parties could adequately briefthe issue ofsanction by written argument. WHEREFORE, the Complainantrespectfully requests that Your Honorissue an Order deeming the allegations admitted.
Respectfully submitted, Federal Aviation Administration Western-Pacific Region Lawndale, California NAOMI TSUDA Regional Counsel



# By:~.~~ !:1 a J. oscano Attorney Dated: March 17,2015

2FAAEIR2014WP230019 FDMS No. FAA2014-1115 CERTIFICATE OF SERVICE Ihereby certify that on this date Ihave placedinthe United States mail, postage prepaid, the executed original and one copy ofthe MOTION TO DEEMALLEGATIONS ADMITTED addressed as follows:

and a true copy to:

Also by facsimile:

Also by facsimile Hearing Docket Federal AviationAdministration Wilbur WrightBuilding, Suite 2W1000 Attn: Hearing Docket Clerk, AGC-430 800 Independence Avenue, S.W. Washington, DC 20591

The Honorable Richard C. Goodwin Administrative LawJudge U.S. Department ofTransportation Office ofHearings, M-20 East Building Ground Floor RoomE12-320 1200 NewJersey Avenue, S.E. Washington, D.C. 20590 (202) 366-7536 PekkaKaru President/Director ofOperations Starjet, Inc. 26 WashingtonBlvd, 2"d Floor MarinaDel Rey, CA 90292 (310) 301-1556
Dated: March 17,2015



# a~oacr.JJ~ Agnes:Ebilane, Legal Technician Office ofthe Regional Counsel Federal Aviation Administration Lawndale, California
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