In the Matter of 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, DC 

RECEIVED 

APR -2 201'' 

HEARING DOCKET 

HOTTON ENTERPRISES, INC., FAA Docket No. [To be Assigned] 

DMS No.: FAA 2013-1081 

Respondent 

FAA Region: Western Pacific 

Jndge: Richard C. Goodwin 

COMPLAINANT'S MOTION TO DEEM ALLEGATIONS ADMITTED 

To: Administrative Law Judge Richard C. Goodwin and Respondent: 

The Federal Aviation Administration ("Agency") by and through counsel, 

pursuant to 14 CFR § § 13.209 and 13.218, hereby moves to deem the Complaint's facts 

admitted because Respondent has failed to file an Answer or motion pursuant to 14 CFR 

§13.208(d) or §13.218(±)(1-4) instead of filing an answer. 

I. FACTS AND PROCEDURAL IDSTORY 

This case involves a variety of regulatory violations committed by Respondent, who, 

at the time, operated a repair station certificated under 14 CFR part 145. The Agency served 

the complaint on Respondent via certified mail on February 19,2014, and it was successfully 

delivered on February 21, 2014.' The Complaint's cover letter stated in part: 

NOTE TO RESPONDENT: SECTION 13.209 OF THE CP RULES OF 

PRACTICE REQUIRE THAT A WRITTEN ANSWER TO THE 

1 Exhibit "A": Complaint Certificate of Service and USPS Domestic Return Receipt dated February 21, 

2014. 
COMPLAINT BE FILED NOT LATER THAN 30 DAYS AFTER 

SERVICE OF THE COMPLAINT .... 2 

Judge Goodwin's Procedural Order, dated February 26, 2014, specifically notified 

Respondent of the obligation to file an answer, quoting 14 CFR § 13.209(a) and (e) and 

warning that "failure to file an Answer without good cause is deemed an admission of each 

allegation in the Complaint." To date, the Agency has not received Respondent's answer. 

II. ARGUMENT: THE TRUTH OF THE ALLEGATIONS IN THE COMPLAINT 

SHOULD BE DEEMED ADMITTED 

The Rules of Practice clearly state that a respondent shall file a written answer to 

the complaint not later than 30 days' (plus 5 days for service by mail4

) after service of the 

Complaint. Here, the Agency served the Complaint via certified mail on February 19, 

2014.' Thus, Respondent's answer was due Wednesday, March 26,2014. Respondent 

has had more than ample notice of the obligation to file an Answer. No excuse offered 

by Respondent could constitute good cause for the failure to file an Answer under these 

circumstances. Pursuant to 14 CFR § 13.209(!), Respondent's failure to file an Answer 

without good cause should be deemed an admission of the truth of each allegation 

contained in the Complaint. 

2 Exhibit "B": Complaint cover letter dated February 19, 2014. 3 14 CFR § 13.209(a). 4 14 CFR § 13.211(e). 

2 
ill. CONCLUSION 

The Agency requests that, pursuant to 14 CFR § 13.209(f), the Judge deem 

Complainant's failure to file an Answer an admission of the truth of each allegation 

contained in the complaint. 

Respectfully submitted, 

NAOMI TSUDA 

:gio~2J/ Adam Runkel 

Attorney 

Federal Aviation 

Administration Office of the 

Regional Counsel WesternPacific Region 

5 Exhibit "A": Complaint Certificate of Service. 

3 
CERTIFICATE OF SERVICE 

I hereby certifY that on this date I have sent by facsimile where indicated and 

placed in the United States mail, postage prepaid, certified mail- return receipt requested 

Complainant's Motion to Deem Allegations Admitted, addressed as follows: 

Dated: 

ORIGINAL AND ONE COPY 

ONE COPY 

Federal Aviation Administration 

800 Independence Avenue, SW 

Washington, DC 20591 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building-Suite 2W1000 

Hon. Richard C. Goodwin 

U.S. Administrative Law Judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

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

Washington, D.C. 20590 

Attn: Patricia Matthews 

Fax: 202-366-7536 

Hotton Enterprises, Inc., d/b/a Premier Aviation 

Ashok Vij, CEO/President 

1951 East Airport Drive 

Tucson,PLZ 85756 

1>1/'.fl 2 B 2014 

JeffKamber , ega echnician 

Office of the Regional Counsel 

Federal Aviation Administration 

Western-Pacific Region 

Lawndale, California 

4 
Exhibit "A" 
13 

CERTJFIC~AJF OF SERVICE 

I hereby certify that on this date I have sent by tacsimile and placed in the Unileu 

States mail, postage prepaid, certified mail- return receipt requested, the executed original 

and one copy of the Complaint addn:ssed as follows: 

Federal Aviation Administration 

800 Independence Avenue, SW 

Washington, DC 2059! 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building-Suite 2WIOOO 

Facsimile: (202} 493-5!42 

I further certil)' that on this date 1 have placed in the United States maiL postage 

prepaid, certified mail- return receipt requested, and regular mail, a true copy of the 

Complaint, addressed as i(Jllows: 

Dated: 

Holton Enterprises, Inc., cl!b/a Premier Aviation 

Ashok Vij, CEO/President 

!95! East Airport Drive 

Tucson, AZ 85756 

i 9 2CH 

7A~ ~/t2 

~;~~~;~~t~~:~~!::s~ ~ff Federal Aviation Administration 

Western-Pacific Region 

Lawndale, California 
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m Complete items 1, 2, and 3. Also complete 

item.:;. IT Restricted Delivery ls des.lrE>CL 

m Print your name and address on the reverse 

so !hat we can return the card to you. 

o Attach this card to the back of the mailpiece, 

or on t-he front lf space- permits. 

I. /~rt!c!e Addressed to: 

B. 

D. 

Hatton Enterprises, Inc., d/b/a Premier Awiation 

Ashok Vij, CEO/President 

!951 lEast Airport Drive 

Tucscn, AZ 85756 

' 

2. Articlo Numtxlr 

(Tmnsfer flom service fabeJ) 7013 1710 0000 7199 0460 

PS Form 3811, July 2013 Domest\C RL\Iurn Rw::t<'~•l 

0 No 
Exhibit "B" 
U.S. Department 

of Transportation 

Federal Aviation 

Administration 

FEJ ~t 9 2010 

Western-Pacific Region 

Office of the Regional Counsel 

P.O. Box 92007 

Los Angeles, CA 90009-2007 

Telephone: (425) 227-2914 

Facsimile: (310) 725-6816 

CERTIFIED MAlL- RETURN RECEIPT REQUESTED llll\LEM:;SIMILE 

Federal Aviation Administration 

800 Independence Avenue_ SW 

Washington, DC 20591 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building-- Suite 2WIOOO 

Re: In the Matter ofHotton Enterprises, Inc .. dlbla Premier Aviation; 

fAA Case No. 2012WP070156 

Enclosed is a copy of a request lor hearing dated February 6, 2014, received by our office on 

February 6, 2014, and the original and one copy of the Complaint in the above-referenced 

proceeding. 

1 request that the bearing in this matter be held in the Phoenix, Arizona, area and expect that 

lhe hearing will last two (2) days. 

Please address all communications f(w the Regional Counsel of the Western-Pacific Region, 

to the undersigned, at: Office of the Regional Counsel, A WP-7.12, Federal Aviation 

Administration, Western-Pacific Region, P. 0. Box 92007, Los Angeles, CA 90009-2007, 

Telephone: (425)227-2914, FAX: (310) 725-6816. 

Sincerely. 

NAOMI TSUDA 

Regional Counsel 

By: c6L2AA41 

Adam Runkel 

Attorney 

Enclosures: Request for Hearing: Complaint; Ce<tiiicate of Service 

NOTE TO RESPONDI,NT: SECTION 13.209 OF THE CP RULES OF PRACTICE 

REQUIRE THAT A WRITTEN ANSWER TO THE COMPLAINT BE FILED NOT 

LATER THAN 30 DAYS AFTER SERVICE OF THE COMPLAINT. AS AN 

ALTERNATIVE TO FILING AN ANSWER. A MOTION MAY BE FILED PURSUANT 

TO SECTION 13.208(Dl OR SECTION 13.218(F)(l-4) OF THE RULES OF PRACTICE.