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- "" r ; U.S DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMBSISTRATIOK? A',:. ;\: - -., ^ OOKE' 

In the Matter Of: 

Newly Wtds Foods, Inc., 

Respondent 

Judge Not Assigned 

FAA Docket Not Assigned 

FAA Case No. 2009 SW700272 

U10M1003 /<^oio-oin 

ANSWER 

Newly Weds Foods, Inc. ("Respondent"), by and tlwough its attorneys, files this 

Answer, pursuant to 14 C.F.R. § 13.209, to the Complaint filed by the Federal Aviation 

Administration, and in support thereof, Respondent states as follows: 

I. 

1. Respondent states that the allegations contained in paragraph 1 are legal 

conclusions to which an answer is neither required nor appropriate. Accordingly, 

Respondent denies the same. 

2. Respondent admits the allegations contained in paragraph 2. 

3. Respondent admits the first sentence contained in paragraph 3. Respondent lacks 

sufficient information with respect to the allegation that "one of the bottles leaked" and 

accordingly denies the same. 

4. Respondent admits that the extract was packed in a box with Styrolbam. 

Respondent denies that the box was non-spccilicaiion. 

5. Based on information and belief Respondent admits the allegations contained in 

paragraph 5. 

6. Respondent denies the allegations contained in paragraph 6. 

7. Respondent slates that the allegation contained in paragraph 7 is a legal 

conclusion to which an answer is neither required nor appropriate. Accordingly, 

Respondent denies the same. 
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8. Respondent states that the allegation contained in paragraph 8 is a legal 

conclusion to which an answer is neither required nor appropriate. Accordingly, 

Respondent denies the same. 

9. Respondent admits the allegations contained in paragraph 9. 

10. Respondent admits the allegations contained in paragraph 10. 

11. Respondent states that the allegation contained in paragraph 11 is a legal 

conclusion to which an answer is neither required nor appropriate. Accordingly, 

Respondent denies the same. 

12. Respondent denies the allegations contained in paragraph 12. Further answering, 

Respondent states that the regxilations contained in paragraph 12 speak for themselves. 

(a) Respondent denies the allegations contained in paragraph 12 (a) 

(b) Respondent denies the allegations contained in paragraph 12 (b) 

(c) Respondent denies the allegations contained in paragraph 12 (c) 

(d) Respondent denies the allegations contained in paragraph 12 (d) 

(e) Respondent denies the allegations contained in paragraph 12 (e) 

(f) Respondent denies the allegations contained in paragraph 12 (f) 

(g) Respondent denies the allegations contained in paragraph 12 (g) 

13. Respondent denies the allegations contained in paragraph 13 

14. Respondent denies the allegations contained in paragraph 14. 

15. Respondent denies the allegations contained in paragraph 15. 

16. Respondent denies the allegations contained in paragraph 16. 

17. Respondent denies the allegations contained in paragraph 17. 

18. Respondent denies the allegations contained in paragraph 18. 

19. Respondent denies the allegations contained in paragraph 19. 

20. Respondent denies the allegations contained in paragraph 20. 

21. Respondent denies the allegations contained in paragraph 21. 
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22. Respondent denies the allegations contained in paragraph 22. 

23. Respondent denies the allegations contained in paragraph 23. 

24. Respondent denies the allegations contained in paragraph 24. 

25. Respondent denies the al legations contained in paragraph 25. 

26. Respondent denies the allegations contained in paragraph 26. 

27. Respondent denies the allegations contained in paragraph 27. 

28. Respondent denies the allegations contained in paragraph 28. 

29. Respondent denies the allegations contained in paragraph 29. 

30. Respondent denies the allegations contained in paragraph 30. 

31. Respondent denies the allegations contained in paragraph 31. 

II 

a. Respondent states that the regulation contained in paragraph (a) speaks for itself 

Further answering, Respondent states that the allegation contained in paragraph (a) is a 

legal conclusion to which an answer is neither required nor appropriate. Accordingly, 

Respondent denies the same. 

b. Respondent states that the regulation contained in paragraph (b) speaks for itself 

Further answering. Respondent states that the allegation contained in paragraph (b) is a 

legal conclusion to which an answer is neither required nor appropriate. Accordingly, 

Respondent denies the same. 

c. Respondent states that the regulation contained in paragraph (c) speaks for itself 

Further answering. Respondent states that the allegation contained in paragraph (c) is a 

legal conclusion to which an answer is neither required nor appropriate. Accordingly, 

Respondent denies the same. 

d. Respondent states that the regulation contained in paragraph (d) speaks for itself 

Further answering, Respondent states that the allegation contained in paragraph (d) is a 

legal conclxision to which an answer is neither required nor appropriate. Accordingly, 

Respondent denies the same. 
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e. Respondent states that the regulation contained in paragraph (e) speaks for itself 

Further answering, Respondent states that the allegation contained in paragraph (e) is a 

legal conclusion to which an answer is neither required nor appropriate. Accordingly, 

Respondent denies the same. 

f Respondent .states that the regulation contained in paragraph (f) speaks for itself 

Further answering, Respondent states that the allegation contained in paragraph (t) is a 

legal conclusion to which an answer is neither required nor appropriate. Accordingly, 

Respondent denies the same. 

g. Respondent slates that the regulation contained in paragraph (g) speaks for itself 

Further answering. Respondent states that the allegation contained in paragraph (g) is a 

legal conclusion to which an answer is neither required nor appropriate. Accordingly, 

Respondent denies the same. 

h. Respondent states that the regulation contained in paragraph (h) speaks for itself 

Further answering, Respondent states that the allegation contained in paragraph (h) is a 

legal conclusion to which an answer is neither required nor appropriate. Accordingly, 

Respondent denies the same, 

i. Respondent states that the regulation contained in paragraph (i) speaks for itself 

Further answering, Respondent states that the allegation contained in paragraph (i) is a 

legal conclusion to which an an-swer is neither required nor appropriate. Accordingly, 

Respondent denies the same. 

j . Respondent states that the regulation contained in paragraph (j) speaks for itself 

Further answering, Respondent states that the allegation contained in paragraph (j) is a 

legal conclusion to which an answer is neither required nor appropriate. Accordingly. 

Respondent denies the same. 

k. Respondent states that the regulation contained in paragraph (k) speaks for itself. 

Fiuther answering, Respondent states that the allegation contained in paragraph (k) is a 

legal conclusion to which an answer is neither required nor appropriate. Accordingly, 

Respondent denies the same. 

1. Respondent states that the regulation contained in paragraph (1) speaks for itself 

Further answering, Respondent states that the allegation contained in paragraph (1) is a 

legal conclusion to which an answer is neither required nor appropriate. Accordingly, 

Respondent denies the same. 

m. Respondent states that the regulation contained in paragraph (m) speaks for itself 

Further answering, Respondent states that the allegation contained in paragraph (m) is a 

legal conclusion to which an answer is neither required nor appropriate. Accordingly, 

Respondent denies the same. 
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n. Respondent states that the regulation contained in paragraph (n) speaks for itself 

Further answering. Respondent states that the allegation contained in paragraph (n) is a 

legal conclusion to which an answer is neither required nor appropriate. Accordingly, 

Respondent denies the same. 

0. Respondent states that the regulation contained in paragraph (o) speaks for itself. 

Further answering. Respondent states that the allegation contained in paragraph (o) is a 

legal conclusion to which an answer is neither required nor appropriate. Accordingly, 

Respondent denies the same. 

P- Respondent states that the regulation contained in paragraph (p) speaks for itself 

Further answering, Respondent states that the allegation contained in paragraph (p) is a 

legal conclusion to which an answer is neither required nor appropriate. Accordingly, 

Respondent denies the .';ame. 

q. Respondent stales that the regulation contained in paragraph (q) speaks for itself 

Further answering. Respondent states that the allegation contained in paragraph (q) is a 

legal conclusion to which an answer is neither required nor appropriate. Accordingly, 

Respondent denies the same. 

r. Respondent slates that the regulation contained in paragraph (r) speaks for itself 

Further answering, Respondent states that the allegation contained in paragraph (r) is a 

legal conclusion to which an answer is neither required nor appropriate. Accordingly, 

Respondent denies the same. 

5. Respondent states that the regulation contained in paragraph (s) speaks for itself 

Fiuther answering, Respondent slates that the allegation contained in paragraph (s) is a 

legal conclusion to which an answer is neither required nor appropriate. Accordingly, 

Respondent denies the same. 

t. Respondent states that the regulation contained in paragraph (t) speaks for itself 

Further answering. Respondent states that the allegation contained in paragraph (t) is a 

legal conclusion to which an answer is neither required nor appropriate. Accordingly, 

Respondent denies the same. 

u. Respondent states that the regulation contained in paragraph (u) speaks for itself 

Further answering, Respondent states that the allegation contained in paragraph (u) is a 

legal conclusion to which an answer is neither required nor appropriate. Accordingly, 

Respondent denies the same. 

V. Respondent states that the regulation contained in paragraph (v) speaks for itself 

Further answering. Respondent states that the allegation contained in paragraph (v) is a 

legal conclusion to which an answer is neither required nor appropriate. Accordingly, 

Respondent denies the same. 
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w. Respondent states that the regulation contained in paragraph (w) speaks for itself 

Further answering. Respondent states that the allegation contained in paragraph (w) is a 

legal conclusion to which an answer is neither required nor appropriate. Accordingly, 

Respondent denies the same. 

X. Respondent states that the regulation contained in paragraph (x) speaks for itself 

Further answering. Respondent states that the allegation contained in paragraph (x) i.s a 

legal conclusion to which an answer is neither required nor appropriate. Accordingly, 

Respondent denies the same, 

y. Respondent states that the regulation contained in paragraph (y) speaks for itself 

Further answering. Respondent states that the allegation contained in paragraph (y) is a 

legal conclusion to which an answer is neither required nor appropriate. Accordingly, 

Respondent denies the same. 

z. Respondent slates that the regulation contained in paragraph (z) speaks for itself 

Further answering. Respondent states that the allegation contained in paragraph (z) is a 

legal conclusion to which an answer is neither required nor appropriate. Accordingly, 

Respondent denies the same, 

aa. Respondent stales that the regulation contained in paragraph (aa) speaks 

for itself Further answering. Respondent states that the allegation contained in paragraph 

(aa) is a legal conclusion to which an answer is neither required nor approfTiate. 

Accordingly, Respondent denies the same. 

bb. Respondent states that the regulation contained in paragraph (bb) speaks 

for itself. Further answering, Respondent states that the allegation contained in paragraph 

(bb) is a legal conclusion to which an answer is neither required nor appropriate. 

Accordingly, Respondent denies the same. 

cc. Respondent states that the regulation contained in paragraph (cc) speaks for Itself 

Further answering, Respondent states that the allegation contained in paragraph (cc) is a 

legal conclusion to which an answer is neither required nor appropriate. Accordingly, 

Respondent denies the same. 

dd. Respondent states that the regulation contained in paragraph (dd) speaks for itself 

Further answering. Respondent states that the allegation contained in paragraph (dd) is a 

legal conclusion to which an answer is neither required nor appropriate. Accordingly, 

Respondent denies the same. 

ee. Respondent states that the regulation contained in paragraph (ee) speaks for itself 

Further answering. Respondent states that the allegation contained in paragraph (ee) is a 

legal conclusion to which an answer is neither required nor appropriate. Accordingly, 

Respondent denies the same. 
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III 

31. Respondent denies that it is liable for a civil penalty not to exceed $32,500 for 

each violation. 

Under the facts and circumstances of this case and pursuant to 49 U.S.C. 5123(a), 

a civil penalty of $47,250 is excessive. 

Respectfiilly submitted this 6'*' day of April 2010. 

John J.'Seely 

Senior Vice President 

AFFIRMATIVE DEFENSES 

Newly Weds Foods, Inc. (''Respondent"), by and through its attorneys, files it 

Affirmative Defenses, 14 C.F.R. § 13.209(d), to the Complaint filed by the Federal 

Aviation Administration. In support thereof. Respondent states the following affirmative 

defenses; 

1) Financial Hardship 

2) 49 U.S.C. 5123(a) 

3) Detrimental Reliance 

4) Methodology underlying the FAA's civil penalty calculation was improper 

Re.spondent reserves the right to assert further affirmative defenses to the FAA's 

allegations as may be warranted by discovery in this matter. 

Respectfully submitted this 6"' day of April 2010. 

John Jl Seeli 

Senior Vice President 
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LOCATION 

Newly Weds Foods, Inc. ("Respondent"), by and through its attorneys, submits 

this request, pursuant to 14 C.F.R. § 13.209(h), for the location of the hearing in the 

above-captioned matter, and in support thereof, Respondent states the following: 

1) Respondent requests that the hearing be held at the FAA's Great Lakes Region 

Headquarters, O'Hare Lake Office Center 2300 East Devon Avenue, Des Plaines, IL 

60018 

ih Respectfully submitted this 6" day of April 2010. 

JohnJ. ^eely 

Senior Vice President 

CERTIFICATE OF SERVICE 

1 hereby certify that on 6'"^ day of March 2010,1 have sent via Federal Express an 

executed original and one copy of the Answer, addressed as follow.s: 

Hearing Docket 

Federal Aviation Administration 

600 Independence Avenue, SW 

Washington DC 20591 

Attention: Hearing Docket Clerk, AGC 430 

Wilbur Wright Building - Suite 2W1000 

1 further certify that on this date, I have sent via Federal Express a true copy of the 

Answer, addressed as follows: 

Mr. James Archier 

Federal Aviation Administration 

Southwest Region 

Office of the Regional Counsel 

Fort Worth, TX 76193 

Dated: March 6, 20/10 

I 

John J.Seely 

Senior Vice President