In the Matter of: 

SERVED: July 1, 2015 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, DC 

Docket No. FAA-2014-0859 

GLOBAL AIRCRAFT 

INTERIORS, INC. 

) 

) 

) 

) 

) 

Employee ) 

Case No. 2012EA110047 

ORDER SETTING DEADLINE FOR THE RESPONDENT 

TO FILE AN ANSWER 

AND GRANTING/RESERVING OTHER RELIEF 

On February 24,2015, the FAA filed the Agency's Motion to Accept Complaint. 

Subsequently, on April 10, 2015, the FAA filed the Agency's Motion for Decision ("Motion"). 

On June 30,2015 an Order Granting the FAA's Motion to Accept Complaint was filed. 

Among other things, this June 30, 2015 Order stated that a separate order would issue regarding 

the FAA's AprillO, 2015 Motion. 

As oftoday's date, the prose Respondent, Global Aircraft Interiors, Inc., has not filed an 

answer to the FAA's Complaint, or a response to the FAA's Motion. 

Brief Discussion 

In FAA civil penalty proceedings, the FAA's Rules of Practice require that a respondent 

file an answer to a complaint within 30 days of service ofthe complaint. 1 14 C.F.R. § 13.209(a). 

In its April 10, 2015 Motion, the FAA asse1is that the prose Respondent, Global Aircraft 

Interiors, Inc., has failed to file a timely Answer to the FAA's February 24, 2015 Complaint, 

1 When the complaint is served by U.S. Mail, the Respondent is given an additional (5) five days to respond. 14 

C.F.R. § 13.209 (e). 
pursuant to the thirty-day time deadline in 14 C.F.R. § 13.209(a). As a result, the FAA asserts 

that each allegation in the Complaint (i.e., Sections I, II, and Ill) should be deemed uncontested 

and admitted, pursuant to 14 C.F.R. § 13.209(£). In essence, the FAA seeks a default finding and 

judgment on its Complaint, because ofthe Respondent's failure to answer. 

However, there is a potential issue regarding when the Respondent's Answer to the 

Complaint should be deemed due. The record is clear that the FAA's Complaint, dated February 

17, 2015, had been issued outside the twenty day time period required by 14 C.F.R. § 13.208 (a). 

Thus, the FAA's Complaint was potentially subject to dismissal for untimely filing and service. 

In the instant case, the pro se Respondent did not file a Motion to Dismiss. Instead, the 

FAA filed a Motion to Accept the Complaint. Regardless ofthe movant's identity, a ruling on 

the timeliness of the Complaint needed to be issued before the parties could proceed. The Order 

Accepting the Complaint was filed yesterday, on June 30, 2015. In similar circumstances, when 

a respondent's motion to dismiss a complaint for untimeliness is denied, the respondent would 

have "1 0 days after service" of the Comi's order to file a timely answer. 14 C.F.R. § 13.218 

(f)(2)(ii). Thus, by analogy and pursuant to the time frame provided in C.F.R. § 13.218 (f)(2)(ii), 

the prose Respondent, Global Aircraft Interiors, Inc., should be allowed "1 0 days after service" 

of the June 30,2015 Order Accepting the Complaint to file a timely Answer to the accepted 

Complaint. This "1 0 day" time period must also include an additional five days, since the June 

30, 2015 Order was served on the Respondent by U.S. Mail. 14 C.F.R. § 13.209 (e). 

Conclusion 

Pursuant to 14 C.F.R. §§ 13.208 (a) and 13.218 (f), andafter reviewed and considered all 

pleadings and documents, as well as all relevant caselaw, decisions, regulations, statutory 

authority, and being fully advised; 

Page 3 of 3 
IT IS HEREBY ORDERED: 

1. On or before July 15, 2015, the prose Respondent, Global Aircraft Interiors, Inc., should 

file a written Answer to the Complaint. This Answer should specifically respond to each 

allegation in the Complaint (i.e., Sections I, II, and III), and specifically identify each 

affirmative defense (if any) the Respondent intends to assert at the hearing. 

2. The Respondent shall attach a Certificate of Service, as described by 14 C.P.R.§ 13.211(c), 

to any documents it files with this Court. The Certificate of Service shall af1irm that the 

Respondent has also served a copy of the documents upon the FAA attorney, as well as an 

original and one copy upon the FAA Hearing Docket, pursuant to 14 C.P.R.§§ 13.209(b) and 

13.210. A copy of a Certificate of Service is attached to this Order, and shows all the names 

of the addressees and their physical mailing addresses. 

3. To ensure prompt delivery of documents to this Court, the Respondent should also fax, on or 

before July 15, 2015, a courtesy copy of its filed documents to Judge Sullivan (fax no. 2021-

366-7536) 

4. The FAA's April 10,2015 Motion is reserved until after July 15,2015. 

5. If the Respondent fails, on or before July 15, 2015, to file a written Answer to the Complaint, 

the FAA's April 10, 2015 Motion will be deemed to be renewed, and a separate order will 

issue without further pleading required. 

6. If either the FAA or the Respondent has questions regarding the procedures contained in this 

Order, they may contact Mr. Cody Smith, Attorney-Advisor at the Office of Hearings (202-

366-6941 ). 

Attachment: Service List 

Page 3 of 3 
Docket No. FAA-2014-0859 

(Civil Penalty Action) 

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 2W1 0002 

ONE COPY 

Mr. Zachary M. Berman 

Complainant's Counsel 

Office of Regional Counsel, Eastern Region 

Federal Aviation Administration 

1 Aviation Plaza 

Jamaica, NY 1 14 3 4 

TEL: 718-553-3258 

FAX: 718-995-5699 

Mr. Robert Roth 

Respondent's Representative 

2075 Smithtown A venue 

Ronkonkoma, NY 11779 

TEL: 631-981-84 70 

Judge J.E. Sullivan 

U.S Administrative Law Judge 

Office ofi-Iearings, M-20 

U.S. Department of Transportation 

1200 New Jersey Avenue, S.E. (E11c310) 

Washington, DC 20590 

TEL: 202-366-6941 

FAX: 202-366-7536 

Global Aircraft Interiors, Inc., 

Respondent 

2075 Smithtown Avenue 

Ronkonkoma, NY 11 779 

2 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 2W1000, Washington, DC 

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