### In the Matter of U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS WASHINGTON, DC 

# RECEIVED APR -2 201'' HEARING DOCKET

HOTTONENTERPRISES, INC., FAADocketNo. [To be Assigned] DMS No.: FAA 2013-1081 Respondent FAA Region: Western Pacific Jndge: Richard C. Goodwin

COMPLAINANT'S MOTION TO DEEMALLEGATIONS ADMITTED
To: Administrative Law Judge Richard C. Goodwin and Respondent: The Federal Aviation Administration ("Agency") by and through counsel, pursuantto 14 CFR § §13.209 and 13.218, hereby moves to deem the Complaint's facts admitted because Respondenthas failed to file an Answer or motion pursuant to 14 CFR §13.208(d) or §13.218(±)(1-4) instead offiling an answer.

I. FACTS AND PROCEDURAL IDSTORY This case involves a variety ofregulatory violations committed byRespondent, who, at the time, operated a repair station certificated under 14 CFRpart 145. The Agency served the complaint on Respondent via certified mail onFebruary 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 ofService and USPS Domestic Return Receipt dated February 21, 2014.COMPLAINTBE FILEDNOTLATERTHAN 30 DAYS AFTER SERVICE OF THE COMPLAINT
.... 2 Judge Goodwin's Procedural Order, dated February 26, 2014, specifically notified Respondent ofthe 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 ofeach 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 BEDEEMED ADMITTED TheRules ofPractice clearly state that a respondent shall file a written answer to the complaintnot later than 30 days' (plus 5 days for service by mail4) after service ofthe Complaint. Here, the Agency served the Complaint via certified mail onFebruary 19, 2014.' Thus, Respondent's answer was due Wednesday, March 26,2014. Respondent has had morethan ample notice ofthe obligation to file an Answer. No excuse offered by Respondent couldconstitute good cause for the failure to file an Answer underthese circumstances. Pursuantto 14 CFR § 13.209(!), Respondent's failure to file anAnswer without good cause shouldbe deemed an admission ofthetruth ofeach 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). 2ill. 

### CONCLUSION TheAgencyrequests that, pursuant to 14 CFR § 13.209(f), the Judge deem Complainant's failure to file anAnswer an admission ofthe truth ofeach allegation contained in the complaint.
Respectfully submitted, NAOMI TSUDA

# :gio~2J/ Adam Runkel Attorney Federal Aviation Administration Office ofthe Regional Counsel WesternPacific Region

5 Exhibit "A": Complaint Certificate ofService. 3CERTIFICATE 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 DeemAllegations Admitted, addressed as follows:

Dated: ORIGINAL AND ONE COPY

ONE COPY FederalAviation 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 LawJudge Office ofHearings, M-20 U.S. Department ofTransportation 1200 New Jersey Ave., S.E. (Ell-310) Washington, D.C. 20590 Attn: PatriciaMatthews Fax: 202-366-7536 Hotton Enterprises, Inc., d/b/a Premier Aviation AshokVij, CEO/President 1951 EastAirport Drive Tucson,PLZ 85756 1>1/'.fl 2B 2014

JeffKamber , ega echnician Office ofthe 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 Ihave sent 

### by tacsimile and placed in the Unileu States mail, postage prepaid, certified mail- return receipt requested, the executed original and one copy ofthe Complaint 

### addn:ssed as follows: Federal Aviation Administration 800 Independence Avenue, 

### SW Washington, DC 2059! 

### Attn: Hearing Docket Clerk, AGC-430 Wilbur Wright Building-Suite2WIOOO Facsimile: (202} 493-5!42


### Ifurther certil)' that on this date 1have placed in the United States maiL postage prepaid, certified mail- return receipt requested, and regular mail, atrue copy ofthe 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(UJJ.:!**..~.;r.!JU** uuuu f.4ll U"lUW

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# ,**~i** T

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 ofthe mailpiece,

oron t-he front lfspace- permits. I.**/~rt!c!e** Addressed to: B.
D. HattonEnterprises, 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 ofTransportation FederalAviation Administration

FEJ**~t** 9 2010 

### Western-Pacific Region Office 

### ofthe 

### 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 ofa request lor hearing dated February 6, 2014, received by our office 

### on February 6, 2014, 

### and the

### original and one copy ofthe Complaint 

### in the above-referenced proceeding. 1request 

### 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 ofthe 

### Western-Pacific Region, to the undersigned, at: 

### Office ofthe 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 ofService 

### NOTE TO RESPONDI,NT: SECTION 13.209 

### OF THE CP RULES 

### OF PRACTICE REQUIRE THAT A WRITTEN ANSWER TOTHE 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.