SERVED: Apri120, 2015 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARJNGS 

WASHINGTON, DC 

In The Matter Of: ) 

) 

) 

) 

) 

Docket No. FAA-2014-0868 

T ASHVI ENTERPRISE 

Respondent 

Case No. 2014S0700395 

ORDER SETTING DEADLINE FOR THE RESPONDENT 

TO SHOW CAUSE AND TO FILE AN ANSWER, 

AND GRANTING/RESERVING OTHER RELIEF 

On December 12, 2014 the Respondent, Tashvi Enterprise, filed with the FAA'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 of Hearings ("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 a Notice of Assignment of Proceeding was filed, which assigned 

this case to the undersigned. 

On March 6, 2015 the FAA filed Complainant's Motion for Decision ("Motion"). 

Brief Discussion 

In FAA civil penalty proceedings, the FAA's Rules of Practice require that a respondent 

file an answer to a complaint within 30 days of service 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 Answer to the FAA's January 20, 2015 Complaint, pursuant to 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 and judgment on its 

Complaint, because of the 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 FAA proposes 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 Complaint may avoid a default finding by presenting good cause reasons (if any) 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), if any, there are for _its failure to file a 

timely Answer and comply with the FAA's Rules of Practice. 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 Respondent may 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 Answer to the Complaint. 

The Respondent should also provide reasons (if any) 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 (if any) the Respondent intends to assert at the 

hearing. 

Page 2 of 3 
3. The Respondent shall attach a Certificate of Service, as described by 14 C.F.R. § 13.211(c), 

to any documents it files with this Court. The Certificate of Service shall affirm that the 

Respondent has also served a copy of the 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 of a Certificate of Service is attached to this Order, and shows all the 

addressees and their addresses. 

4. To ensure prompt delivery of documents to this Court, the Respondent should also fax, on or 

before May 20,2015, a courtesy copy of its 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 Answer to 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\ if the 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 or hearing. 

7. The FAA's March 6, 2015 Motion is reserved until after May 20, 2015. 

8. If either the FAA or the Respondent has questions regarding the procedures contained in this 

Order, they may contact ML Cody Smith, Attorney-Advisor at the Office of Hearings (202-

366-6941). 

Attachment: Service List 

Page 3 of 3 
I . I 

SERVICE LIST- BY U.S. MAIL 

ORIGINAL & ONE COPY 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Washington, DC 20591 

Attention: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building-Suite 2W10001 

Mr. Matthew J. Zappala 

Complainant's Counsel 

Office of the Regional Counsel, ANE-7 

Federal Aviation Administration 

12 New England Executive Park 

Burlington, MA 01803 

TEL: 781-238-7046 

FAX: 781-238-7055 

Tashvi Enterprise 

Respondent 

Attn: President 

Mahavir Estate, 687 Makba Building 

2nd Floor 

Byculla (W), Mumbai -' 400 027 

Maharashtra, India 

Judge J.E. Sullivan 

U.S. Administrative Law Judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

ONE COPY 

1200 New Jersey Avenue, S.E. (Ell-310) 

Washington, DC 20590 

TEL: 202~366~6941 

FAX: 202-366-7536 

Docket No. FAA~2014-0868 

(Civil Penalty Action) 

1 Service was by U.S. Mail. For service in person or by expedited courier, use the following address: Federal 

Aviation Administration, 600 Independence Avenue, S.W., Wilbur Wright Building-Suite 2W1000, Washington, 

DC 20591; Attention: Hearing Docket Clerk, AGC--430.