In the Matter of: 

### SERVED: July 1, 2015



### U.S. 

### DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS WASHINGTON, DC

DocketNo. FAA-2014-0859 GLOBAL AIRCRAFT INTERIORS, INC. ) ) 

### ) ) ) ) Employee Case No. 2012EA110047

ORDERSETTING DEADLINEFORTHE 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"). OnJune 30,2015 an Order Grantingthe FAA's Motion to Accept Complaint was filed. Among otherthings, this June 30, 2015 Order stated that a separate order would issue regarding the FAA's AprillO, 2015 Motion. As oftoday's date, theprose Respondent, Global Aircraft Interiors, Inc., has not filed an answerto the FAA's Complaint, or aresponse to the FAA's Motion. BriefDiscussion In FAA civil penalty proceedings, the FAA's Rules ofPractice require that a respondent file an answer to a complaint within 30 days ofservice ofthe complaint. 1 14 C.F.R. § 13.209(a). In its April 10, 2015 Motion, the FAA asse1is that theprose Respondent, Global Aircraft Interiors, Inc., has failed to file a timely Answerto 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).pursuantto 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, pursuantto 14 C.F.R. § 13.209(£). In essence, the FAA seeks a default finding and judgmenton its Complaint, because oftheRespondent's failure to answer. However, there is a potential issue regarding whenthe Respondent's Answerto the Complaint should be deemed due. The record is clear that the FAA's Complaint, dated February 17, 2015, had been issued outsidethetwenty day time periodrequired by 14 C.F.R. § 13.208 (a). Thus, the FAA's Complaintwas potentially subjectto dismissal for untimely filing and service. In the instant case, thepro se Respondent did not file a Motion to Dismiss. Instead, the FAA filed a Motion to Acceptthe Complaint. Regardless ofthe movant's identity, a ruling on the timeliness ofthe Complaint needed to be issued beforethe parties couldproceed. 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 "10 days after service" ofthe Comi's orderto file a timely answer. 14 C.F.R. § 13.218 (f)(2)(ii). Thus, by analogy andpursuantto the time frame provided in C.F.R. § 13.218 (f)(2)(ii), theprose Respondent, Global Aircraft Interiors, Inc., should be allowed "1 0 days after service" ofthe June 30,2015 OrderAcceptingthe Complaintto file a timely Answer to the accepted Complaint. This "10 day"time period must also include an additional five days, since the June 30, 2015 Order was served on the Respondentby U.S. Mail. 14 C.F.R. 

### § 13.209 (e). 

### Conclusion Pursuant to 14 C.F.R. §§ 13.208 (a) and 13.218 (f), andafterreviewed and considered all pleadings and documents, as well as all relevant caselaw, decisions, regulations, statutory authority, and being fully advised;

Page 3 of3IT IS HEREBY ORDERED: 1. On or before July 15, 2015, theprose Respondent, Global Aircraft Interiors, Inc., should file a written Answerto 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 (ifany) the Respondentintends to assert at the hearing. 2. The Respondent shall attach a Certificate ofService, as described by 14 C.P.R.§ 13.211(c), to any documents it files with this Court. The Certificate ofService shall af1irm that the Respondenthas also served a copy ofthe documents upon the FAA attorney, as well as an original and one copy uponthe FAA Hearing Docket, pursuantto 14 C.P.R.§§ 13.209(b) and 13.210. A copy ofa Certificate ofService is attached to this Order, and shows all the names ofthe addressees and their physical mailing addresses. 3. To ensure prompt delivery ofdocuments to this Court, the Respondent should also fax, on or before July 15, 2015, a courtesy copy ofits 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. Ifthe Respondent fails, on orbefore July 15, 2015, to file a written Answerto the Complaint, the FAA's April 10, 2015 Motion will be deemed to be renewed, and a separate orderwill issue without further pleading required. 6. Ifeitherthe FAA orthe Respondenthas questions regarding the procedures contained in this Order, they may contact Mr. Cody Smith, Attorney-Advisor at the Office ofHearings (202- 366-6941).

Attachment: Service List

Page 3 of 3DocketNo. FAA-2014-0859 (Civil Penalty Action) SERVICE LIST- BY U.S. MAIL ORIGINAL & ONE COPY Federal Aviation Administration 800 Independence Avenue, S.W. Washington, DC 20591 Attention: Hearing Docket Clerk, AGC-430 Wilbur Wright Building-Suite 2W10002 ONE COPY Mr. Zachary M. Berman Complainant's Counsel Office ofRegional Counsel, Eastern Region Federal Aviation Administration 1Aviation Plaza Jamaica, NY 1143 4 TEL: 718-553-3258 FAX: 718-995-5699 Mr. Robert Roth Respondent's Representative 2075 Smithtown Avenue Ronkonkoma, NY 11779 TEL: 631-981-8470 Judge J.E. Sullivan U.S Administrative LawJudge Office ofi-Iearings, M-20 U.S. Department ofTransportation 1200 NewJersey Avenue, S.E. (E11c310) Washington, DC 20590 TEL: 202-366-6941 FAX: 202-366-7536 Global Aircraft Interiors, Inc., Respondent 2075 SmithtownAvenue Ronkonkoma, NY 11779

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.