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# ···ECEIV JEFFREY M. HARPER 

# f
FAA OFFICE OF REGIONAL COUNSE 

# ED

1601 

### LIND AVENUE SOUTHWEST 

# FEB f

# 4

# 2012 RENTON, WASHINGTON**980~7 1**  TELEPHONE: 

### (425)227-216MEARING 

# DOCKET
FACSIMILE: (

### 425) 227-1007

## UNITED STATES OFAMERICA DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS WASHINGTON, D.C.

In the Matter of:
Cornerstone Aviation, Inc. FAA Docket: NotAssigned FAA Case No. 2011NM070084 DMS No.: Not Assigned**--~-------------_j** 

### Judge: NotAssigned To: Your Honor: MOTION FOR DECISION



### In accordance with 14 Code ofFederal Regulations (C.P.R.) Section 13.218(£)(5) (Rule 13.218(£)(5)), theAdministrator (Complainant) brings this Motion for Decision. There are
no genuine issues ofmaterial fact, as Respondent has failed to Answer the Complaint. The Complainant is entitled to a decision as a matter oflaw.



## Facts
On December 5, 2011, Respondent requested a hearing in response to the Complainant's Final Notice ofProposed 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 ofthe requirement to file anAnswer and the consequences offailing 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 ofthe 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) 227-10071 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 

## Argument "The administrative lawjudge shall grant a party's motion for decision if

### the pleadings, depositions, answers to interrogatories, admissions, matters that the administrative lawjudge has officially noticed

... show that there is no genuine issue ofmaterial fact and that the party making the motion is entitled to a decision as a matter oflaw. The party making the motion

... has the burden ofshowing that there is no genuine issue ofmaterial fact disputed by the parties." 14 C.F.R. § 13.218(±)(5).

A respondent must file an answer within "30 days after service ofthe complaint." 14 C.F.R. § 13.209(a). For service by mail, the date of service is the date ofmailing as shown on the certificate ofservice; 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 ofthe truth ofeach 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). Lawjudges do not have authority to extend the deadline for filing an answer absent a showing ofgood 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 WorldAirways, 

### 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 ofeach and every allegation inthe Complaint, and waived all affirmative defenses, including those addressed to sanction. There is no genuine issue ofmaterial fact remaining to be litigated, and Complainant is entitledto a decision as a matter oflaw.



## 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 JEFFREYM. HARPER, FAA ATTORNEY TEL: (425) 227-2161; FAX: (425) 227-10071 2 3 4 5 6 

## Conclusion

7 

### For the reasons stated above, the FAArespectfully requests that this court grant this Motion for
8 

### Decision. There are no genuine issues ofmaterial fact to be litigated. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53

Complainant's Motion For Decision Cornerstone Aviation- 2011NM070084 DMS No. Not Assigned. Page 3 of4 lEFFREYM. HARPER, FAAATTORNEY TEL: (425) 227-2161; FAX: (425) 227-10071 2 3 4 5 

## 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: 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 

### Attn: Hearing Docket Clerk, AGC-430 Wilbur Wright Building- Suite 2Wl000 Federal Aviation Administration 800 Independence Avenue SW Washington, D.C. 20591 FAX: 202.493 .5020
Susan Horstman ChiefExecutive Officer Cornerstone Aviation, Inc. 337 North 2370 West #130 Salt Lake City, UT 84116 FAX: (801) 355-2754

Dated this 8tb day ofFebruary, 2012.

Complainant's Motion For Decision Cornerstone**Aviation~** 2011N1v1070084 DMS No. Not Assigned. Page 4 of4 

# I I I 

### If 

## L

. Moifair Chill Office ofRegional Counsel (ANM-7) Federal Aviation Administration 1601 LindAve. SW Renton, WA 98057 (425) 227-2160

JEFFREY M. HARPER, FAAATTORNEY 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 ofthe individual named on this cover sheet. Ifthe reader ofthis message ls not the intended, recipient, you are hereby notified that any use, dissemination, distribution, 

## or copy ofthis facsimile is strictly prohibited. Ifyou 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 1II 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 tothe back of the mal!piece,

or on the front Jf space pennits.


### Susan Horstman ChiefExecutive 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 ReceiptJuly 1, 2011 Hearing DocketClerk, AGC-430 FederalAviation Administration FLIGHT SCHOOLS

800 Independence Avenue, S.W. WilburWright Building- Suite 2W1000 Washington, DC 20591
To Whom ItMay 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 CaseNo. 2011NM070022 

### 1- Admit 2- Admit 3- Admit 4- Admit 5- Admit 6- Admit 7- Admit 8- Admit 9- Deny- the ground school training does nothave 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 offlight training, so they could startthetraining 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 2370West, 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 WrightBuilding- Suite 2Wl000 Washington, DC 20591
To 

### Whom It May Concern: 

# •
.Regional Collnr>eJ JUL iJ 

## 62011**AN1t.I~7**

1 wish 

### to request 

### that the FAA attomey, 

### Jeffrey M. Harper, send me a complete " Discovety" ofthe 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 CaseNo. 20I 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 thoughthe was complying

...,did all flight training correctly, d. 14l.l0l(a) CFI maintained current and accurate flight records ofthe participation of student in the approved 

### course oftraining.

To correct the situation tho student had to complete the instrument rating under FAR Part 61. This instructorrcce.lved remedial training astotherequirements in the FARs.
Please advise me as soon as possible when l might expect the material requested.

Sine. erely,

. 

### i.·\ 

# .l**~~.//l.~- Sll~an**  J. HorstiDan CEO/ChiefInstructor Cornerstone Aviation, Inc. 337 North 2370West, Salt Lake City, Utah 84116 801-355-2244 www.cornerstoneaviation.com

# •

June23, 2011 HearingDocketClerk, AGC-430 FederalAviation Administration 

### FLIGHT SCHOOLS

800 Independence Avenue, S.W. Wilbur WrightBuilding- Suite 2W1000 Washington, DC 20591
To Whom ItMay 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'' ofthe 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 

### CaseNo. 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- didFAAPart 141 approved home studyprogram (see attached TCO approvalpages) 8- Deny- did FAAPart 141 approved home studyprogram (see attached TCO approval pages 9- Deny-FAR 141.77 10- Deny

- onlybecausePOI said

### to do so/buthe was reinstatedalmost immediately. 11- Deny- because ofthe conflict, I was uncertainwhattodo

...TCO said hewasgoodPOI 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 

### inputting companyname instead ofstudent'sname 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 otheritems indicating 

### his identity. 16- Same as#15



### a. 141.83(a)(l) CSA did comply

### with currentapproved trainingcourse. b. 141.95(b )(2)CSAfilled outform completelybutmistakenlywrote companyname down c. 141.101(a) CSA was flying 

### to comply and all records so that they did until POI changed his 

### mind aboutwhatwas allowed. d. 141.10I(c) CSAfilled outall records butmissed thatone andhas since 

### correctedit.
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 effortto maintain and open and honestrelations with our local FSDO. As owner ofCSA. ithas always been mybeliefthat the CFI whomakes a mistake must tell the authorities eventhoughthey might notdo 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 whichis very educationaL However, until now, CSA has neverbeenpenalized for selfdisclosures. 

### I understandthere are some paperwork mistakes, there are no safety issues in any ofthese issues. CSA worl<s very hardto dothings correctly, butashumans, we sometimes miss things, butnever intentionally.
Please advise me as soon aspossible when 

### I might expectthematerial requested. Sincerely, ,)



# 1,)

# ~~~·· ;k'V /"Susan

### J. 

### Horstman CEO/ChiefInstructor Cornerstone Aviation. Inc.

337 North 2370West, Salt Lake City, Utah 84116 801-355-2244 www.cornerstorieaviation.com