U.S. Department ofTransportation Federal Aviation Administration 

### JUN 

## 2 52015 Western-Pacific Region Office ofthe Regional Counsel P.O. Box 92007 Los Angeles, CA 90009-2007 Telephone: (310) 725-7117 Facsimile: (310) 725-6816
CERTIFIED MAIL- RETURN RECEIPT REQUESTED and**FACSIMI~**

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# vED Federal AviationAdministration 800 Independence Avenue, SW 

## JUN 2 92015 Washington, DC 20591 Attn: Hearing Docket Clerk, AGC-430 

## HEARING DOCKET Wilbur Wright Building
-- Suite 2Wl000 

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- /3d lp Re: In the Matter ofJustin Leighton Stanley; FAA Case No. 2015WP010044 Enclosed is a copyofa request for hearing postmarked June 20, 2015, receivedby our office onJune 23,2015, andthe original and one copy ofthe Complaintin the above-referenced proceeding. I requestthat the hearing in this matterbe held in the Los Angeles, Californiaarea, and expectthatthe hearing 

### will last one (1) day. Please address all communicationsfor the Regional Counsel ofthe Western-Pacific Region, to the undersigned, at: Office ofthe Regional Counsel, AWP-7.6, Federal Aviation Administration, Western-Pacific Region, P. 

### 0. Box 92007, Los Angeles, CA 90009-2007, Telephone: (310) 725-7117, FAX: (310) 725-6816. Sincerely, NAOMI TSUDA
By:
Enclosures: Request for Hearing; Complaint; Certificate ofService NOTE TO RESPONDENT: SECTION 13.209 OF THE CP RULES OF PRACTICE REQUIRE THATA WRITTEN ANSWERTO THE COMPLAINTBE FILED NOT LATERTHAN 30 DAYS AFTER SERVICE OF THE COMPLAINT. AS AN ALTERNATIVE TO FILING ANANSWER, A MOTION MAY BE FILED PURSUANT TO SECTION 13.208(D) OR SECTION 13.218(F)(l-4) OF THERULES OF PRACTICE.U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS WASHINGTON, DC 

# RECEIVED JUN 292015 

## HEARING DOCKET In the Matter ofJustin Leighton Stanley: FAADOCKET UNASSIGNED FAA CASE NO. 201SWP010044 Respondent JUDGENOTASSIGNED COMPLAINT The Complainant files its Complaint, pursuant to Rule 208 ofthe Rules ofPractice (14 C.F.R. 13.208), and states as follows:
I. Respondent, Justin Leighton Stanley, was advised through a Notice ofProposed Civil Penalty, dated June 11, 2015, thatthe FAA proposed to assess a civil penalty in the amount of$7,700.00. On June 20,2015, Respondent submitted a written request for a hearing.
II. 

### I. On or about February 27, 2015, at approximately 2200 local, Respondentpointed a laser at an aircraft.
2. The aircraft Respondent pointed the laser at was a McDonnell Douglas model 520N aircraft, civil registration number Nl03CG, which was flying approximately 

### V. mile west ofBob Hope Airport, inBurbank, California.

### 3. The beam oflightilluminatedthe cockpit ofNl03CG.
4. The beam oflight interfered with a crewmember in the performance ofthe crewmember's duties aboard N103CG.
III. 

### By reason ofthe foregoing facts and circumstances, Respondent violatedthe following section ofthe Federal Aviation Regulations (Title 14, Code ofFederal Regulations): 3



### Section 91.11, which states that no person may assault, threaten, intimidate, or interfere with a crewmember in the performance ofthe crewmember's duties aboard an aircraftbeing operated.

IV.
1. 

### Pursuantto Title 49 U.S.C. Section 4630l(a)(5)(A), Respondent is subjectto a civil penalty notto exceed $11,000.00 for each ofthe violations alleged.
2. Underthe facts and circumstances ofthis case, a civil penalty of$7,700.00 is appropriate.WHEREFORE, the Complainant, respectfully requests thatthe Administrative Law Judge enter an order that Respondentbe assessed a civil penalty in the amount of$7,700.00

Lierre 

### ,,,.r**~"** Attor ey Offi e ofthe Regional Counsel F aeral AviationAdministration " ·""estern-Pacific Region DATED: 

### JUN 2 5

### 2015 4

### Law Offices 

### ROBERTM. HELFEND

23838PACIFIC COAST IDGHWAY N0.309

June 20, 2015 FAA. 800 Independence Avenue, SW Washington, D.C. 20591 Attn: Hearing Docket Clerk MALIBU, CA90265 (818) 591-2809 (310) 456-3317

AGC-430, Wilbur Wright Building

Suite 2W1000 Re: Case No. 2015WP010044 Justin 

### L. Stanley Dear Sir or Madam This office is representing Mr. Stanley in all proceedings currently before the FAA. Enclosed is Mr. Stanley's Request for Hearing, pursuant to the Federal Aviation Regulations. Should you have any questions or concerns, please contact me, atyour convenience.

# Yo~~Yh"**~~-** ROBERT M. HELFEND Enclosure CC: FAA. -Regional CounselREPLY TO NOTICE OF PROPOSED CIVIL PENALTY
. For Companies, Security Cases, and individuals: Otherthan thoseadin'g'inthe capacity ofa pilot, mechanic, flight engineer or repairman Regional Counsel for the Western-Pacific Region Federal Aviation Administration, AWP-7. 

## & P.O. Box 92007 Los Angeles, CA 90009-2007 Subject: Notice of Proposed Civil Penalty In reply to your Notice of Proposed Civil Penalty, I elect to proceed as indicated by my check mark beside the numbered paragraph(s) below: 

### i. [ ] I hereby submit the amount ofthe proposed civil penalty with the understanding that an order assessing civil penalty will be issued in the amount without further notice, and that I waive my right to a hearing. 2. [ ] I hereby submit evidence and information, demonstrating that a violation of the regulations did not occur or that the amount ofthe penalty is not warranted bythe circumstances. 3. [ ] I hereby submit information and records showing that I am financially unable to pay the proposed civil penalty, orthat payment ofthe penalty would prevent me from continuing in business. 4. [ ] I hereby request that a civil penalty be assessed in the amount of$ and I submit the reasons for the reduction ofthe proposed amount. My request constitutes my agreementthat ifthis offer is accepted by the FAA, an OrderAssessing Civil Penalty in that amount may be issued without further notice and Iwaive my right to a hearing. 5. [ ] I hereby request an informal conference that will be held at the Office of the Regional Counsel (Hawthorne, California), a mutually convenient location, or telephonically in orderto discuss this matterwith the attorney in charge ofthis case and to present evidence and information on my behalf. Please indicate your choice 6. [ ] I hereby request that the FAA impose a civil penalty without making the findings of violations, and submit my reasons. My request constitutes my agreement that ifthis offer is accepted, a Compromise Order will be issued in that amount and Iwaive my right to a hearing. AWP-7 FORI\II 2150-25 (3/2012 Edition)2. 7. [ ] 1' hereby claim entitlement to a waiver of penalty under the Aviation Safety Reporting Program and enclose evidence that a timely report was filed. As to the allegations offact and violations: 7a. [ ] I request that an Order Assessing Civil Penalty be issued an waive my right to a hearing. 7b. [ ] I request a hearing in this matter in accordance with paragraph 8. 8. [



### ><~] I hereby request a hearing in accordance with Subpart G of Part 13 of the Federal Aviation Regulations .with the understanding that a Complaint will be filed. I request that the hearing be held in

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**~:r** 1{ 12Jc.-'r . I am sending this request both to the FAA attorney and to the Federal Aviation Administration, 800 Independence Ave., SW, Washington, D.C. 20591, Attention: Hearing Docket Clerk, AGC-430, WilburWright Building, Suite 2W1000. Signature: 

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**·~** Telephone: AWP-7 FORi\11 2150-25, Page 2 of 2 (312012 Edition)LawOJfimi ROBERT M. HELFEND 23838 PACIFIC COAST HIGHWAY NO. 309 MALIBU, CALIFORNIA 90265 **Sf~t,r1i!;1~&\ :L_;L.,~;~Vr-(1**  **c:~~\** 'sttt:-t; **·:-,\;:-c_:..i·;·~·**

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,llCERTIFICATE OF SERVICE I hereby certifythat onthis date I have placed inthe United States mail, postage prepaid, certified mail- return receipt requested, the executed original and one copy ofthe Complaint, and a copy by facsimile, addressed as follows: Federal Aviation Administration 800 Independence Avenue, SW Washington, DC 20591 Attn: Hearing Docket Clerk, AGC-430 WilburWright Building-Suite 2Wl000 Facsimile: (202) 267-1293 I further certify that onthis date I have placedinthe United States mail, postage prepaid, certified mail -returnreceipt requested, a true copy ofthe Complaint, and a copy by facsimile, addressed as follows:

Dated: Robert M. Helfend, Esq. 23838 Pacific Coast Highway, No. 309 Malibu, CA 90265 Fax 310-456-3317


### JUN 2 5

### 2015 

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# tg, Legal Technici Office ofthe Regional Couns Federal Aviation Administration Western-Pacific Region Lawndale, California 5