IN THE MATTER OF: 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. ~~ ,! 7 ~ 1,. u. 

COASTAL AIR TRANSPORT, INC. FAA Docket No. FAA-2011-1005 

Judge J.E. Sullivan 

Respondent. 

FAA CASE NO. 2010S0700037 

AGENCY MOTION TO STRIKE RESPONDENT'S 

OPPOSITION TO HEARING ON SANCTION ONLY 

Complainant, by and through the undersigned counsel, pursuant to §13.218(f)(4) of the 

Rules of Practice (14 C.P.R. 13.218(f)(4)), hereby files its Motion To Strike Respondent's 

Opposition to Hearing on Sanction Only. In support thereof, Complainant states the following: 

1. 

On Monday, June 11, 2012, the parties appeared telephonically for a Litigation 

Scheduling Conference with Administrative Law Judge J.E. Sullivan. At the time of the 

conference, the ALJ set the deadline for the Respondent's submission of its answer to the FAA's 

Alternative Motion for Hearing on Sanction Only, which was filed with the Office of Hearings 

on February 23, 2012. The Respondent was ordered to submit its answer by July 9, 2012. 

Respondent was further advised to attach a Certificate of Service to show proof of service to all 

parties, on all future documents the Respondent files and serves on the Office of Hearings. 

28 
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2. 

On July 17, 2012, the Complainant received the Respondent's Opposition to Hearing on 

Sanction Only dated the 9th day of July, 2012 and signed by Michael Foster, President of Coastal 

Air Transport. The document was accompanied by a Service List which indicated that 

Complainant's counsel was served by mail and fax. The Respondent's Opposition was 

postmarked July 13, 2012 from Christiansted, Virgin Islands. See Exhibit 1. 

3. 

Despite the information submitted on the Sevice List, as of the date of this Motion, the 

Complainant has not received the Respondent's Opposition to Hearing on Sanction Only via 

facsimile. See Exhibit 2, Declaration of Rashawn Rich George, Attorney for Federal Aviation 

Administration dated July 19, 2012. 

4. 

WHEREFORE, Complainant respectfully requests that the Respondent's Opposition to Hearing 

on Sanction Only be stricken from the record as a result of its untimely filing. 

Respectfully submitted this 20th day of July 2012. 

Attorney 

Office of the Regional Counsel 

2 
CERTIFICATE OF SERVICE 

I hereby certify that a copy of the foregoing Motion To Strike Respondent's Opposition to 

Hearing on Sanction Only was mailed by Federal Express and facsimile to: 

The Honorable J.E. Sullivan 

DOT, Administrative Law Judge 

Office ofHearings, M-20 

U.S. Department ofTransportation 

1200 New Jersey Avenue, S.E. 

East Building Ground Floor 

Room E12-320 

Washington, D.C. 20590 

(FAX) (202) 366-7536 

and via Express Mail to: 

Michael Foster, President 

Coastal Air Transport, Inc. 

P.O. Box 3985 

Christiansted, St. Croix, VI 00822 

and the original and one copy via Federal Express to: 

Hearing Docket 

U.S. Department of Transportation 

Docket Operations, M-30 

West Building Ground Floor 

Room W12-140 

1200 New Jersey Avenue, S.E. 

Washington, D.C. 20590 

Legal 

~!~~~ Assistant 

JUl 2 0 2012 

Dated 

3 
' 

IN THE MATIER OF 

COASTAL AIR TRANSPORT, INC., 

Respondent 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

) 

) 

) 

) 

) 

) 

FAA Docket No. FAA-2011-1005 

Judge J.E. Sullivan 

_______________________ ) FAA CASE NO. 2010S0700037 

OPPOSITION TO HEARING ON SANCTION ONLY 

Comes Now the Respondent COASTAL AIR TRANSPORT to strongly object to the FAA's 

Alternative Motion for Hearing on Sanction Only. This action would only serve to restrict the 

Respondent from defending himself against the many ridiculous charges made against him by the FAA. 

Many of these charges are malicious in nature and have no basis in fact. Statements made by the FAA in 

their pleadings, serve to directly contradict many of these charges. To deny the Respondent the 

opportunity to this defense, goes against the grain of the American legal system. 

After a through review of all the charges, the only undisputed fact is that Coastal Air did 

complete a flight "DQ 413" on October 21, 2009. This flight was piloted by Capt. Michael Foster from St 

Eustatius, N.A. to St Croix, V.I. 

Respectfully submitted this gth day of July 2012. 

Michael Foster 

President 

EXHIBit 1 

'•'\' .. ) ' ' 

l 

JUL 1 7 ' L 
SERVICE LIST- BY U.S. MAIL 

ORIGINAL & ONE COPY 

Federal Aviation Administration 

800 Independence A venue, S. W. 

Washington, DC 20591 

Attention: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building-Suite 2Wl 000 1 

George Logan, Agent for Service 

Coastal Air Transport, Inc., Respondent 

1131 King Street, Suite 204 

Christiansted, St. Croix, VI 00820-4971 

ONE COPY 

Michael Foster, President- by mail & fax 

Coastal Air Transport, Inc., Respondent 

P.O. Box 3985 

Christiansted, St. Croix, VI 00822 

TEL: 340-773-6862 

Rashawn Rich George, Complainant's Counsel- by mail & fax 

Office of the Regional Counsel, AS0-7 

Southern Region 

Federal Aviation Administration 

P.O. Box 20636 

Atlanta GA 30320 

TEL: 404-305-5200 

FAX: 404-305-5223 

The Honorable J.E. Sullivan, Administrative Law Judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

1200 New Jersey A venue, S.E. 

Washington, DC 20590 

TEL: 202-366-2132 

FAX: 202-366-7536 

FDMS No. FAA-2011-1005 

(Civil Penalty Action) 

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

Aviation Administration, 600 Independence Avenue, S.W., Wilbur Wright Building-Suite 2WIOOO, Washington, 

DC 20591; Attention: Hearing Docket Clerk, AGC-430. 
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St. Croix, U.S. Virgin Islands 00822 

USPS TRACKING NUMBER 

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JUL 13. '12 AMOUNT 

$515 ooo8s544-1 1 
U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

IN THE MATTER OF: 

COASTAL AIR TRANSPORT, INC. 

Respondent. 

FAA Docket No. FAA-2011-1005 

Judge J.E. Sullivan 

FAA CASE NO. 2010S0700037 

DECLARATION OF RASHA WN RICH GEORGE 

1. I, Rashawn Rich George, am an Enforcement Attorney with the Office of the Regional 

Counsel, Southern Region, College Park, Georgia. I have been employed in this capacity for the 

last thirteen years and ten months. 

2. Among the varied duties and responsibilities that I have, I am Lead Counsel in the 

prosecution of dangerous goods and cargo cases in enforcement of the Federal Hazardous 

Material Statute. Section 5123(a) of Title 49 of the United States Code (Transportation) (49 

U.S.C. § 5123(a)). I am the counsel of record in the above-referenced matter. 

3. On Monday, June 11, 2012, I participated by telephone in a Litigation Scheduling 

Conference in the above-referenced matter before Administrative Law Judge J.E. Sullivan. At 

the. time of the conference, ALJ Sullivan set a deadline of July 9, 2012 for Respondent's 

submission of its Answer to the FAA's Alternative Motion for Hearing on Sanction Only. 

4. On Tuesday, July 17, 2012, I received Respondent's Opposition to Hearing on Sanction 

Only which was submitted by Michael Foster, President and dated the 9th day of July 2012. The 

postmark for the document indicates that that the Respondent's Answer was mailed from 

Christiansted, V.I. on July 13, 2012. 

EXHIBIT._..,.. 1 __ 
2 

5. Respondent's Opposition to Hearing on Sanction Only was accompanied by a copy of a 

DOT Office of Hearings Service List from an previous unidentified filing and indicates that 

Complainant's counsel was served via mail and fax. 

6. As of the date of this Declaration, I have not received a facsimile copy of Respondent's 

Opposition to Hearing on Sanction Only. The mail copy received in the Office of Regional 

Counsel on July 17, 2012 and postmarked July 13, 2012 is the only copy of the Respondent's 

Answer received by the undersigned. 

Pursuant to 28 U.S. C. Section 1746, I declare under penalty of peljury that the foregoing 

is true and correct. \ 

Executed on this 191h day ofJuly 2012. 
cc: ~ 

AS0-7:RRG:07119/12 

F;\Attomey\RRG\hearings\Hazmat\Coastal Air Transport-2010S0700037\agency motion to 

strike.doc 

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