U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

FEDERAL AVIATION ADMINISTRATION 

FEDERAL AVIATION ADMINISTRATION, 

Complainant, 

vs. 

SKY KING, INC. 

Respondent. 

RECE 

SEP 2 8 2011 

HEARING DOCKET 

FAA Docket No. CPl ISOOOOO 

Judge Richard C. Goodwin 

FDMS No. FAA-2011-0670 

PA.^ Case No. 20)030100422 

CD 

COMPLAINANT^S MOTION TO DEEM ALLEGATIONS ADMITTED AND 

MOTION FOR HEARING ON SANCTION ONLY 

, .. 

^"^ 

^^ " ' S 

• • 

"'C 

a;: 

^ 

V 

U . ' 

1 

-^ 

" •. - ' • 

L^ 

f -J 

— i^ ' 

S^ 

<.'~'> 

-<_ r 

1 1 

'^- -1- ) 

; ^Z 

• ; ] 

TJ 

' i 1 

Complainant, by and through the undersigned attomey, pursuant to Sections 

13.218 and §13.209(e) of the Rules ofPractice in F/VA Civil Penalty Actions (14 C.F.R. 

§13.218 and §13.209(e)) hereby moves the Administrative Law Judge to determine that 

due to the Complainant's failure to file a timely Answer to the Complaint, the Allegations 

in the Complaint have been admitted, and if a hearing is necessary in this matter, that the 

as yet unscheduled hearing will only be for the purpose of detennining the sanction 

involved in the matter. As grounds for this motion, Complainant states the following: 

' 1 . 

On June 10, 2011, Complainant fded the complaint in this matter with the 

Hearing Docket and ser\'ed a copy on Respondent. 
2. 

Respondent received the Complain! on June 20, 201 ]. Exhibit 1. 

3. 

Pursuant to §13.209(a) and §13.211(e) Respondent had 35 days (30 days plus 5 

for mail ser\'ice) to file an answer. The Complaint explicitly reminded Respondent of 

(his 30~day deadline. Under the Rules ofPractice, RespondenCs answer was due on or 

ahoul Au^tst 1, 2011. Pursuant to § 13.209(e), "a person filing an Answer shall admit, 

deny, or stale that the person is without sufficient knowledge or infomiaiion to admit or 

deny each numbered paragraph of the complaint." 

4. 

Respondent was again reminded of its duty to file an answer in the Procedural 

Order ser\'cd September 6, 2011. 

5. 

According to §13.209(0, *i person's failure to file an answer without good cause 

shall be deemed an admission of the tmth of each allegation contained in the complaint. 

Sec. FAA V. Budde W. PlaMer. FAA Docket No. CP89GLQ257 (March 19, 1990) 

("Although this is a severe penalty for failure to file an answer, fhe rule is clear and does 

not peniiil exceptions."). 

6. 

Complainant requests a ruling on this motion as soon as possible, to allow 

adequate preparation if (here is a hearing in San Francisco, Cahfoniia, hut no later than 

seven days before the hearing as required by 14 C.F.R. §13.218(e)(2) ('The 
administrative law judge shall resolve all pending prehearing motions not later than seven 

days before the hearing.") 

WHEREFORE, Complainant respectfully moves the Administrative Law Judge to: (I) 

deem as an admission of taith each allegation in the complaint, (2) if a hearing is still 

deemed necessary, order that it should be only for the puqjosc of detennining the amount 

ofthe sanction in this matter. (3) Complainant also requests an extension of the 

discovery period to at least 30 days afier an answer is filed or there is a nding on these 

motions. 

Respectfully submitted this /.Z^'^da o davy o ol f September, 2011. 

GERALD A. ELLIS 

Attorney 

Office ofthe Regional Coinisel 
\ 

*i:/NrrHD"Sr/^s "^STAL SERVICE 

+ 

Firet-Cj3ss Mail 

-Eostaoe' & Fees Paid 

USP ^ 

Permit No. G-10 

• Sender; Please print your name, addres 

Oifices ol the Regiona 

for ihp Southern Regio 

FeriLir.l Aviaiion Admin' 

POSE OMice 8ox 20636 

Allania, Georgia 30320 

]„i\M llM.l.tll..,li.M,fi.M.tlMlhM.ll..nMh.l./ 

COMPLETE THIS SECTION OtLDEUVERY 

a Complete ftems 1, 2, and .i : Also complete 

item 4 If Restricted Delfvery Is desired. 

• Print your namo and address on Iho reverse 

so that we can return the card to you. 

• Attach Uiis card to the back of the mailpiece, 

or on the trunt If space permits. 

1. Anic'o Addressed to; 

Stephen A. Badger 

Sky King Director of Safety an^ 

Sky King, Inc. 

'3600 Power Inn Road, Suite H 

Sacramento, CA 95826 

A. SlQ 

X 

Slgrpture -j 

B. Recetved by ( Printed g^^ ) 

D Agent 

C. Date of Delfvery 

D. Is delfvefy address different from ttom 17 • Ytis 

K YES, enter deltvery address below: D No 

Security 

3. ^rvicelVpe 

'pcertffled Man 

t l Regtstsred 

n Insured Mall 

D Express Mall | 

D Return Receipt for Morchandlse ' 

D COD . 

4. Restricted Doltvery? (Extm Fee) D Yes 

2. Anide Number 

(Tmnsfer trotn servite label} 7011 1150 0000 TMH5 D3fll 

PS Form 3811 , February 2004 rtomesijc Return Receipt 102595-02-M-1540 
CERTIFICATE OF SERVICE 

I hereby certify that a copy ofthe foregoing Complainant's Motion To Deem 

Allegations Admitted And Motion For Hearing On Sanetion Only Motion has been 

mailed this date by Certified Mail, Return Receipt Requested, to the following: 

The Honorable Richard C Goodwin (original) 

DOT, Administrative Law Judge 

Office of Hearings, M-20 

1200 New Jersey .Avenue, SE 

East Building Ground Floor 

Room El2-320 

Washington, DC 20590 

Stephen A. Badger (I copy) 

V.P. of FHght Operations and 

Director of Safety and Security 

Sky King, Inc. 

3600 Power Inn Road, Suite H 

Sacramento, CA 95826 

Danny Looney (I copy) 

Registered Agent 

Sky King, Inc. 

2659 Juniper Lane 

Davie. FL 33330 

Hearing Docket Clerk (I copy) 

FAA, AGC-430, Suite 2VV1000 

Wilbur Wright Building 

800 Independence Avenue, SW 

Washington, DC 20591 

W^^sm. 

LcgaT Assistant 

Office of the Regional Counsel 

SEP % 3 I W 

Dated