## SERVED: Apri120, 2015 U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARJNGS WASHINGTON, DC

In The Matter Of: ) ) ) ) ) 

### Docket No. FAA-2014-0868 TASHVI ENTERPRISE Respondent Case No. 2014S0700395

ORDER SETTING DEADLINE FORTHE RESPONDENT TO SHOW CAUSE AND TO FILE AN ANSWER, AND GRANTING/RESERVING OTHERRELIEF

On December 12, 2014 the Respondent, Tashvi Enterprise, filed with theFAA's Hearing Docket a one-page Request for Hearing. On January 20,2015, the FAA asserts that it served the Respondent with a Complaint by FedEx delivery. One day later, on January 21,2015, the FAA filed a copy ofthe Complaint with the Office ofHearings ("OH"). On January 24,2015, according to the documents filed by the FAA, the Respondent received the FAA's Complaint by FedEx delivery in Maharashtra, India. (FAA Motion, Exh. C.) 

### On February 4, 2015 aNotice ofAssignment ofProceeding was filed, which assigned this case to the undersigned. On March 6, 2015 the FAA filed Complainant's Motion for Decision ("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 March 6, 2015 Motion, the FAA asserts that the

### prose Respondent, Tashvi Enterprise, has

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).failed to file a timely Answerto the FAA's January 20, 2015 Complaint, pursuantto the thirtyday 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, pursuant to 14 C.F.R. § 13.209(£). In essence, the FAA seeks a default finding andjudgment on its Complaint, because ofthe Respondent's failure to answer. In its January 20, 2015 Complaint, the FAA alleges that the Respondent offered to DHL Express, on or about July 14, 2014, a shipment for transportation by air from Mumbai, India to Tempe, Arizona. The FAA alleges that this shipment violated multiple Hazardous Materials Regulations. The FAAproposes a civil penalty of$32,500 for the alleged violations in its Complaint. Pursuant to 14 C.F.R. § 13.209(f), a responding party who has not filed a timely answer to a Complaintmay avoid a default finding by presenting good cause reasons (ifany) for the failure to file a timely Answer. The Respondent should be given an opportunity to respond to the FAA's March 6, 2015 Motion, and to state what reason(s), ifany, there are for_its failure to file a timely Answer and comply with the FAA's Rules ofPractice. As part ofthis good cause Response, the Respondent should also include an Answer. 

### Conclusion Pursuant to 14 C.F.R. §§ 13.205(a), 13.209, 13.218, and Fed. R. Civ. P. 8, and after reviewing all pleadings and documents, as well as all relevant caselaw, decisions, regulations, statutory authority, and being fully advised; IT IS HEREBY ORDERED: 1. 

### On or before May 

### 20, 2015, the

### prose Respondentmay file a written 

### Response to the FAA's March 6, 2015 Motion for Decision. In this Response, the Respondent should specifically state any facts or reason(s) why it did not file a timely Answerto the Complaint. The Respondent should also provide reasons (ifany) why the Complaint should not be accepted as timely filed. 2. 

### On or before May 

### 20, 2014, the

### prose Respondent may file a written 

### Answer to the Complaint. This Answer should specifically respond to each allegation in the Complaint, and specifically identify each affirmative defense (ifany) the Respondent intends to assert at the hearing. Page 2 of 33. The Respondent shall attach a Certificate ofService, as described by 14 C.F.R. § 13.211(c), to any documents it files with this Court. The Certificate ofService shall affirm that the Respondent has also served a copy ofthe documents upon the FAA attorney, as well as an original and one copy upon the FAA Hearing Docket, pursuant to 14 C.F.R. §§ 13.209(b) and 13.210. A copy ofa Certificate ofService is attached to this Order, and shows all the addressees and their addresses. 4. To ensure prompt delivery ofdocuments to this Court, the Respondent should also fax, on or before May 20,2015, a courtesy copy ofits filed documents to Judge Sullivan (fax no. 2021- 366-7536) 5. Ifthe Respondent 

### fails, on or before May 20,2015, to file a written 

### Response to the FAA's March 6, 2015 Motion, andifails to file a written 

### Answerto the Complaint, 

### the Respondent may be deemed to be in default. 6. Pursuant to 14 C.F.R. 

### § 13.209(£) and Fed. R. Civ. P. 5\ ifthe Respondent is deemed to be in default, the allegations in the Complaint may be deemed admitted, and the FAA's March 6, 2015 Motion may be granted, in all or in part, without further notice to the parties, and without further conference orhearing. 7. The FAA's March 6, 2015 Motion is reserved until after May 20, 2015. 8. Ifeither the FAA or the Respondent has questions regarding the procedures contained in this Order, they may contactML Cody Smith, Attorney-Advisor at the Office ofHearings (202- 366-6941).

Attachment: Service List

Page 3 of 3I

. I



### SERVICE LIST- BYU.S. 

### MAIL ORIGINAL & 

### ONE COPY Federal AviationAdministration 800 IndependenceAvenue, S.W. Washington, DC 20591 Attention: HearingDocketClerk, AGC-430 WilburWrightBuilding-Suite2W1000 1

Mr. MatthewJ. Zappala 

### Complainant's Counsel Office oftheRegional Counsel, ANE-7 FederalAviationAdministration 12 NewEnglandExecutivePark Burlington, MA01803 TEL: 781-238-7046 FAX: 781-238-7055 Tashvi Enterprise 

### Respondent Attn: President MahavirEstate, 687 MakbaBuilding 2ndFloor Byculla(W), Mumbai-'400 027 Maharashtra, India Judge J.E. Sullivan 

### U.S. AdministrativeLawJudge Office ofHearings, M-20 U.S. DepartmentofTransportation 

### ONE COPY

1200NewJerseyAvenue, S.E. (Ell-310) Washington, DC 20590 TEL:**202~366~6941** FAX: 202-366-7536 DocketNo.**FAA~2014-0868** (CivilPenaltyAction)

1 Servicewas byU.S. Mail. For service inperson orbyexpedited courier, use the following address: Federal Aviation Administration, 600 Independence Avenue, S.W., WilburWrightBuilding-Suite2W1000, Washington, DC20591; Attention: HearingDocket Clerk, AGC--430.