### 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**~** 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 2CERTIFICATE 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 ' LSERVICE 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.;!,,;:,....r...._.._":___'-.v.,Qo••-•,.11;;---..••r.........,.,,..,..•4..,.dJ:,'Jlfl.RITYApply.PriorityMailPostageHereUN/TEDSTIJTESPOSTIJLSERVICEe1rP.O.Box3985,Chr:stianstedSt.Croix,U.S.VirginIslands00822USPSTRACKINGNUMBER\1\1\\tl950251086544Zl95269364.----·--·-----UNITEOS'TtJ.TESPOSTALSERVICE100630320(246kqW'-tGff/1/gQ__oj_hdrJ/!l7/tL<t4#cl..:!:.;,??p[1Po,xZ»L"'3bjl}/1j03?T':...-.,.....-U.S.POSTAGEPAIDCHRISTIANSTED.VI00820JUL13.'12AMOUNT$515ooo8s544-11

### 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. 

# 1 EXHIBIT._..,..

__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 19 1 h 

### 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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