SERVED OCTOBER 20;'2oTr 

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U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, DC 

IN THE MATTER OF 

SKY KING, INC. 

FAA DOCKET No. CPl ISOOOOO 

(Civil Penalty Case) 

DMSFAA-2011-0670 

ORDER DENYING COMPLAINANT S MOTION, GRANTING IN 

PART AND DENYING IN PART COMPLAINANT'S REPLY, 

AND ACCEPTING RESPONDENT'S ANSWER 

Respondent Sky King, Ine. ("Respondent")Jailed to file an Answer l_o the 

Complaint of Complainant Federal Aviation Administration ("Complainant" or 

"ageney") within 30 days of the filing of the Complaint, as the Rules of Practice in FAA 

Civil Penalty Proceedings ("Rules") require. (The Rules permit the filing of an otherwise 

untimely Answer if "good cause" is demonstrated). Following Complainant's Motion to 

Deem Allegations Admitted and Motion for Hearing on Sanction Only ("Mption")ran~^ 

Order tn.Show Cause ("OSC") issued under date of Septembef 29r20i'i. The OSC 

directed Respondent to file an Answer-to the Complaintand to the OSC no later than 

October 7, 2011, or risk sanctions. On October 6, 2011, Respondent submitted 

documents which respond Vo the OSC, purport to answer the charges contained in the 

agency's Complaint, and explain in some detail why good cause should be found for its 

failure to file a timely answer to the Complaint initially. 

Complainant now has filed, a reply to Respondent's submission. Complainant's 

Reply to Respondent's Response to Order to Show Cause ("Reply") argues that 
Respondent has failed to dcmonslrate good cause under Ihc Rules for Rcspondcnl's 

failure toinilially respond to (he Complaint, ll presses lor the relief it requested in ils 

Molion. Tlic agency also asks ihat the discovery deadline of November 4, 2011. set ou( 

in the Procedural Order, be extended by thirty days. 

1 find thai Respondent's submission constitutes an answer to the Complaint. U 

joins the issues. I also find that Respondent has demonstrated good cause under (he 

Rules foi- failure to timely file il initially. Moreover, I note ihat Complainant has not 

dcmonstraled prejudice arising from the liming or conicnt of Respondent's answer. I also 

am mindful of the Administrator's injunction that "'I wjhencver possible, eases should be 

disposed of on the merils after a hearing, rather than summarily because of a procedural 

defect." Safety Equipnwnl and Sign Co., Lid., FAA Order No. 92-76, 1992 FAA Lexis 

280 (December 21, 1992), p. 5, died in Larry^'s Flying Service, FAA Order No. 98-4 

(March 12, 1998). 

Finally, I grant that pari of Complainant's request in its Reply which asks for a 

30-day exlension of the discovery deadline. The Procedural Order is hereby amended lo 

extend the deadline for Ihe conclusion of discovery lo December 5, 2011.' 

For all these reasons, I accept Respondent's submission as its Answer to 

Complainant's Complaint. Complainant's Motion and Reply are each DENIED lo the 

extent discussed above. 

Richard C. Goodwin 

U.S. Administrative Law Judge 

Attachment - Service List 

' Respondent had asked.for a 30-day extension from the Procedural Order's deadline of November 4. 

,Thirty days from November 4 i.s December 4, which is a Sunday. The discovery deadline therefore has 

been extended to the next business day, December 5. 
FDMS No. FAA-20] 1-0670 

(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 2WI000' 

ONE COPY 

Stephen A. Badger, VP Flight Operations and Director 

of Safety and Security 

Sky King, Inc. 

3600 Power Inn Road, Suite H 

Sacramento, CA 95826 

TEL: 916-454-2400 

FAX: 916-737-8960 

Gerald A. Ellis, Complainant's Counsel 

Attorney, Office of the Regional Counsel 

Southern Region, ASO-7 

Federal Aviation Administration 

P.O. Box 20636 

Atlanta, GA 30320 

TEL: 404-305-5200 

FAX: 404-305-5223 

_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;;366-21-39'Attorney-Advisor 

202^366-5121 Legal Assistant 

FAX: 202-366-7536 Fax 

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

Aviation Administration, 800 Independence Avenue, S.W., Wilbur Wright Building—Suite 2W1000. Wasliington, 

DC 20591; Attention: Hearing Docket Clerk, AGC-430.