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·B'

0

JEFFREY M. HARPER f ···ECEIV 

FAA OFFICE OF REGIONAL COUNSE ED 

1601 LIND AVENUE SOUTHWEST FEB f 4 2012 

RENTON, WASHINGTON 980~71 

TELEPHONE: (425)227-216MEARING DOCKET 

FACSIMILE: ( 425) 227-1007 

UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

In the Matter of: 

Cornerstone Aviation, Inc. 

FAA Docket: Not Assigned 

FAA Case No. 2011NM070084 

DMS No.: Not Assigned 

--~-------------_j Judge: Not Assigned 

To: Your Honor: 

MOTION FOR DECISION 

In accordance with 14 Code of Federal Regulations (C.P.R.) Section 13.218(£)(5) 

(Rule 13.218(£)(5)), the Administrator (Complainant) brings this Motion for Decision. There are 

no genuine issues of material fact, as Respondent has failed to Answer the Complaint. The 

Complainant is entitled to a decision as a matter of law. 

Facts 

On December 5, 2011, Respondent requested a hearing in response to the Complainant's Final 

Notice of Proposed Civil Penalty. On December 15, 2011, Complainant served the Complaint on 

Respondent by facsimile and mail; the facsimile copy was received on December 15, 2011, the 

mailed copy was receipted for on December 21, 2011. Exhibit 1. 

Respondent has not answered the Complaint. Respondent has been served with Procedural 

Orders entered in three cases which affirmatively put Respondent on notice of the requirement to 

file an Answer and the consequences of failing to do so. See DMS Nos. FAA-2011-0481-0003, 

FAA-2011-0481-0004, FAA-2011-0484-0003, and FAA-2011-0489-0004. Respondent is aware 

of the requirement to file an answer, having properly filed Answers to three Complaints currently 

pending. See Exhibit 2. 

Complainant's Motion For Decision 

Cornerstone Aviation- 2011NM070084 

DMS No. Not Assigned. 

Page I of4 

JEFFREY M. HARPER, FAA ATTORNEY 

TEL: (425) 227-2161; FAX: (425) 227-1007 
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Argument 

"The administrative law judge shall grant a party's motion for decision if the pleadings, 

depositions, answers to interrogatories, admissions, matters that the administrative law judge has 

officially noticed ... show that there is no genuine issue of material fact and that the party making 

the motion is entitled to a decision as a matter of law. The party making the motion ... has the 

burden of showing that there is no genuine issue of material fact disputed by the parties." 

14 C.F.R. § 13.218(±)(5). 

A respondent must file an answer within "30 days after service of the complaint." 14 C.F.R. 

§ 13.209(a). For service by mail, the date of service is the date of mailing as shown on the 

certificate of service; an additional "5 days shall be added" to the time to respond. 14 C.F.R. 

§§ 13.211(d) and (e). The Complaint in this case was served by facsimile and mail on 

December 2, 2011. Thus, to be timely, the answer must have been filed by January 6, 2012. A 

"failure to file an answer without good cause shall be deemed an admission of the truth of each 

allegation contained in the complaint." 14 C.F.R. § 13.209(±); In the Matter of Larrys Flying 

Service, Inc., FAA Order No. 98-4, 1998 WL 158381 (March 10, 1998). Law judges do not have 

authority to extend the deadline for filing an answer absent a showing of good cause. Larry s 

Flying Service (citing In the Matter of Robinson, FAA Order No. 97-18 at 5, 1997 WL 307266 

(May23, 1997); In the Matter of Atlantic World Airways, FAA Order No. 95-28 at 3, 

1995 WL 853922 (December 19, 1995). Failure to file an answer waives any and all defenses, 

including financial hardship. Larry s Flying Service at 4. 

The Complaint in this case was served by facsimile and mail on December 15, 2011. Thus, to be 

timely, the answer must have been filed by January 19,2012. Having failed to file an answer, 

Respondent has admitted the truth of each and every allegation in the Complaint, and waived all 

affirmative defenses, including those addressed to sanction. There is no genuine issue of material 

fact remaining to be litigated, and Complainant is entitled to a decision as a matter of law. 

Exhibits 

1. Return receipt; Facsimile Transmission Verification Report. 

2. Answers filed in DMS Nos. FAA-2011-0481, FAA-2011-0484, FAA-2011-0489 

Complainant's Motion For Decision 

Cornerstone Aviation- 2011NM:070084 

DMS No. Not Assigned. 

Page 2 of4 

JEFFREY M. HARPER, FAA ATTORNEY 

TEL: (425) 227-2161; FAX: (425) 227-1007 
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Conclusion 

7 For the reasons stated above, the FAA respectfully requests that this court grant this Motion for 

8 Decision. There are no genuine issues of material fact to be litigated. 

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Complainant's Motion For Decision 

Cornerstone Aviation- 2011NM070084 

DMS No. Not Assigned. 

Page 3 of4 

lEFFREYM. HARPER, FAA ATTORNEY 

TEL: (425) 227-2161; FAX: (425) 227-1007 
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CERTIFICATE OF SERVICE 

6 I hereby certifY that the foregoing Motion for Decision has been served via facsimile and 

7 Certified Mail- Return Receipt Requested this date, to tbe following: 

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Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building- Suite 2Wl 000 

Federal Aviation Administration 

800 Independence Avenue SW 

Washington, D.C. 20591 

FAX: 202.493 .5020 

Susan Horstman 

Chief Executive Officer 

Cornerstone Aviation, Inc. 

337 North 2370 West #130 

Salt Lake City, UT 84116 

FAX: (801) 355-2754 

Dated this 8tb day of February, 2012. 

Complainant's Motion For Decision 

Cornerstone Aviation~ 2011N1v1070084 

DMS No. Not Assigned. 

Page 4 of4 

I I 

I If L . 

Moifair Chill 

Office of Regional Counsel (ANM-7) 

Federal Aviation Administration 

1601 LindAve. SW 

Renton, WA 98057 

(425) 227-2160 

JEFFREY M. HARPER, FAA ATTORNEY 

TEL: (425) 227-2161; FAX: (425) 227-1007 
DATE, TIME 

FAX NO, /NAME 

DURATION 

PAGE(S) 

RESULT 

MODE 

•'~~~----,· TRANSMISSION VERIFICATION REPORT 

12/15 12: 52 

918013552754 

00:01:47 

08 

OK 

STANDARD 

ECM 

RECEIVED 

FEB H20J2 

HEARING DOCKEr 

FACSIMILE MESSAGE 

FEDERAl. AVIATION ADMINISTRATION 

OFFICE OF REGIONAL COUNSEL 

ANM-7 

1601 LIND A VENUE S.W. 

RENTON, WASHINGTON 98057 

The information conta,ined in. this facsimlle message is legally privileged atld confi.dential 

infonnation and is intended only for the use of the individual named on this cover sheet. 

If the reader of this message ls not the intended, recipient, you are hereby notified that any 

use, dissemination, distribution, or copy of this facsimile is strictly prohibited. If you 

have received this faosimile in error, please l.mroediately notify us by telephone at 

~--42_5--2-27--2-00-7~·--------------~---------------------------~_) 

DATE: 

TO: 

FAX NO.: 

RE: 

Complaint 

Deeember 15, 2011 

Susan Horstman 

Cornerstone Aviation 

801.355.2754 

FAA Case No. 

2011NM070084 

NO. PAGES: .1? including cover 

FROM: Moifair Chin 

FAX NO.: 425-227-1007 

PHONE NO.: 42.5-227-2160 

Exhibit 1 
II Complete· itemS 1, 2, and 3. Also complete 

Item 4 1f Restricted Delivery-Is desired. • Print your name and address on the reverse 

so that we can return the- card to you. 

Ill Attach this card to the back of the mal!piece, 

or on the front Jf space pennits. 

Susan Horstman 

Chief Executive Officer 

Cornerstone Aviation .. Inc. 

337 North 2370 West# 130 

Salt Lake City. UT 84116 

' 

Cl Express Mail 

0 Return Receipt for Merchandise 

C~O.D. 

2. Article Number 

(Transfettrom service labelj 7010 0290 0000 7199 3727 

PS Form 3811, February 2004 Domestic Return Receipt 
July 1, 2011 

Hearing Docket Clerk, AGC-430 

Federal Aviation Administration 

FLIGHT SCHOOLS 

800 Independence Avenue, S.W. 

Wilbur Wright Building- Suite 2W1000 

Washington, DC 20591 

To Whom It May Concern: 

I Wish to request that the FAA attorney, Jeffrey M. Harper, send me a complete " Discovery'' of the 

material the FAA has obtained on all my violations. Upon review of this material I would like the 

opportunity to have a hearing. I cannot admit or deny the allegations until I inspect the requested 

information. 

Responding to FAA Case No. 2011NM070022 

1- Admit 

2- Admit 

3- Admit 

4- Admit 

5- Admit 

6- Admit 

7- Admit 

8- Admit 

9- Deny-the ground school training does not have prerequisites 

10- Deny- the location (satellite base) which is a state college did the enrolhnent and has records of 

such. 

*CSA self- disclosed this information to FSDO after they corrected the situation and refunded the student 

the entire amount for the 13 hours of flight training, so they could start the training all over again. 

Please advise me as soon as possible when I might expect the material requested. 

I I 

Sinceyely, "~ ~\:\ 

"'\' -<Lw ~ •\ "'-· 

S'usan J. Horstman 

CEO/Chiefinstructor 

Cornerstone Aviation, Inc. 

337 North 2370 West, Salt Lake City, Utah 84116 801-355-2244 

www.cornerstoneaviation.com 

Exhibit 2 
• 

June 12. 2011 

HearL'>g Docket Clerk, AGC"430 

Federal Aviation Administration 

FLIGHT SCHOOLS 

800 Independence Avenue, S.W. 

Wilbur Wright Building- Suite 2Wl000 

Washington, DC 20591 

To Whom It May Concern: 

• 

.Regional Collnr>eJ 

JUL iJ 6 2011 

AN1t.I~7 

1 wish to request that the FAA attomey, Jeffrey M. Harper, send me a complete " Discovety" of the 

material the FAA has obtained on all my violations. Upnn review of Ibis material I would like the 

opportunity to have a hearin;l;. 

Responding to FAA Case No. 20 I LNM070021 

1- Admit 

2- AdirJt 

3- Admit 

4- Admit 

5- Deny -FAR 141.77{c)(3) She attended Ulah Valley University's formal ground school classes. 

6- Admit 

7- Admit- instructor mistakenly thought since she took a univernity grmmd school con= that was 

enough 

8- Admit 

a. 141.77(aX1) -atone time UVU had been a l41 school. Instructor mistakenly assumed wrong. 

b. 141. 77(b )fulls Ul1der Silllle violation as A. 

c. 141.83(nXl) CFI thought he was complying ... ,did all flight training correctly, 

d. 14l.l0l(a) CFI maintained current and accurate flight records of the participation of student in 

the approved course of training. 

To correct the situation tho student had to complete the instrument rating under FAR Part 61. This 

instructor rcce.lved remedial training as to the requirements in the F ARs. 

Please advise me as soon as possible when l might expect the material requested. 

Sine. erely, . i.·\ .l ~~.//l.~- Sll~an J. HorstiDan 

CEO/Chief Instructor 

Cornerstone Aviation, Inc. 

337 North 2370 West, Salt Lake City, Utah 84116 801-355-2244 

www.cornerstoneaviation.com 
• 

June23, 2011 

Hearing Docket Clerk, AGC-430 

Federal Aviation Administration 

FLIGHT SCHOOLS 

800 Independence Avenue, S.W. 

Wilbur Wright Building- Suite 2W1000 

Washington, DC 20591 

To Whom It May Concern: 

' 

• 

Regional Counsel 

JUL IHi 2011. 

ANM~7 j 

I wish to request that the FAA attorney, Jeffrey M Harper, send me a complete " Discovery'' of the 

material the FAA has obtained on all my violations. Upon review of this material I would like the 

opportunity to have a hearing. 

Responding to FAA Case No. 2011NM070042 

1- Admit 

2- Admit 

3- Admit 

4- Admit 

5- Deny - combined Jeppesen program and also approve at time was a home study program (not 

Jepp) 

6- Admit 

7- Deny- did FAA Part 141 approved home study program (see attached TCO approval pages) 

8- Deny- did FAA Part 141 approved home study program (see attached TCO approval pages 

9- Deny-FAR 141.77 

10- Deny - only because POI said to do so /but he was reinstated almost immediately. 

11- Deny- because of the conflict, I was uncertain what to do ... TCO said he was good POI said not. 

12- Admit 

13- Admit - oversight after completing the end of course check ride and filling out the graduation 

certificate. CSA has gone to a newer, easier to complete training folder so it won't be missed 

again. 

14- Admit 

15- Admit-mistake in putting company name instead of student's name on certificate. No chance of 

not identifying this as student's certificate as jt was pem:umently attached inside his personal 

training folder with numerous other items indicating his identity. 

16- Same as #15 

a. 141.83(a)(l) CSA did comply with current approved training course. 

b. 141.95(b )(2)CSA filled out form completely but mistakenly wrote company name down 

c. 141.101(a) CSA was flying to comply and all records so that they did until POI changed his 

mind about what was allowed. 

d. 141.10 I (c) CSA filled out all records but missed that one and has since corrected it. 

337 North 2370 West, Salt Lake City, Utah 84116 801-355-2244 

www.cornerstoneaviation.com 
• • 

CSA has been a school that has always self- disclosed any mismkes they made in an effort to maintain 

and open and honest relations with our local FSDO. As owner of CSA. it has always been my belief that 

the CFI who makes a mistake must tell the authorities even though they might not do anything. My SLC 

FSDO knows that I am ttying to teach the CFis to do things correctly and fix any errors. This is a 

learning process which is very educationaL However, until now, CSA has never been penalized for selfdisclosures. I understand there are some paperwork mistakes, there are no safety issues in any of these 

issues. CSA worl<s very hard to do things correctly, but as humans, we sometimes miss things, but never 

intentionally. 

Please advise me as soon as possible when I might expect the material requested. 

Sincerely, , ) 

1,) ~~~·· ;k'V 

/"Susan J. Horstman 

CEO/Chief Instructor 

Cornerstone Aviation. Inc. 

337 North 2370 West, Salt Lake City, Utah 84116 801-355-2244 

www.cornerstorieaviation.com