## JOHN ADAMS HODGE and ASSOCIATES, LLC Attorneys and Counselors at Law Environmental & 

### Aviation Law 136 StonemarkLane, Suite 110 Columbia, S.C. 29210 Mailing Address: JohnAdams Hodge, P.G. Sharon A. Hodge 

### Telephone 803.783.9001/803.386.1504 www.johnhodgelaw.com Post Office Box 25553 

### Columbia, S.C. 29224



### The Honorablej. 

### E. Sullivan United States Administrativejudge Office ofHearings, M-20 U.S. Department ofTransportation 1200 NewjerseyAvenue, S.E. (El1-310) Washington, DC 20590 December 4, 2014



## HEAFIING DOCKET

Re: In Re: Renaissancejet Inc., Docket No. FAA-2013-0178; FAA Case No. 2012EA290030 Dearjudge Sullivan: Please find enclosed a motion and supporting documentationto dismiss the aforementioned case on grounds ofmootness. By copy ofthis letterand enclosures, we are also serving counsel for the Administratorwiththe motion. Please let me know ifyou have any questions. Thankyou verymuch for your consideration.

cc: Zachary Berman, Esquire Enclosures

### U.S. DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION 

# RECEIVED DEC 10 2014 HEARING DOCKET ) ) 

### Before Judge Sullivan In the Matter ofRenaissance Jet, Inc. 

# _______________________) FAA Case No. 2012EA390030 DocketNo. FAA-2013-0178

MOTION TO DISMISS ON GROUNDS OF MOOTNESS 

### Renaissance Jet, LLC, through its former manager, Mark Palmer ("Palmer"), by and through their undersigned counsel, hereby files this Motion to Dismiss the Civil Penalty Action brought by the Federal Aviation Administration ("FAA") pursuant to 14 CFR Chapter I, Subchapter B, 

### Part 13, Subpart C, Section 13.218. This Motion to Dismiss is based upon grounds that both Renaissance Jet, Inc. and its successor Renaissance Jet, LLC are no longer in existence. Renaissance Jet, Inc. was dissolved on March 23, 2009 when it was converted to another business entity. Renaissance Jet, LLC was administratively dissolved by the North Carolina Secretary ofState on November 19, 2014. In addition, Renaissance Jet, LLC does not possess an Air Taxi Certificate and no longer operates an FAR 135 charter business. Since the air carrier and the corporate entity have ceased to exist, the pending action is no longer a justiciable controversy as the issues involved have become academic. In support ofthis motion, please find attached a copy ofthe Articles ofDissolution and the affidavit from Mark Palmer.

#265238 

### Respectfully submitted, HODGE ASSOCIATES, LLC. By:**--~~~~~~~~---------------** 

### Ad msH e tonemark Lane (29210) P. Box 25553 Columbia, SC 29224 0: 

### (803) 783-9001, Ext. 108

### Columbia, South Carolina December 4, 2014 F: (803) 765-1243 J

### ohnhodge@johnhodgelaw.com ATTORNEYS FORRENAISSANCE JET, LLC

2

# RECEiVED U.S. DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION 

## DEC l 0 20i4 ) BeforeJudgesumvanHEAF!ING DOCKET In the MatterofRenaissance Jet, Inc. ) FAA CaseNo. 2012EA390030 Docket No. FAA-2013-0178

AFFIDAVIT OF MARKPALMER STATE OF NORTH CAROLINA COUNTY OF MECKLENBERG I, Mark Palmer, first being duly sworn, do hereby depose and state the following: I. My name is Mark Palmer and I am over 21 years ofage and I am competent to give this affidavit. 2. I was a manager/member ofRenaissance Jet, LLC. 3. Renaissance Jet, LLC was dissolved by Articles ofDissolution that were filed with the office ofthe North Carolina Secretary ofState on November 18,2014. 4. To the best of my knowledge, Renaissance Jet, LLC was dissolved with no assets and liabilities on November 18,2014. 5. Renaissance Jet, Inc. was dissolved on or about March 23, 2009 when it was converted to another business entity, Renaissance Jet LLC. 6. Renaissance Jet, LLC was formed pursuant to a plan of conversion ofRenaissance Jet, Inc. t 

### sayeth not

### Notary Public for North Carolina My commission

## expires:JIY'J..~ 1 

# z_()

# 15

2

### ARTICLES OF DISSOLUTION OF RENAISSANCE JET LLC SOSID: 1054492 Date Filed: 11/19/2014 11:01:00 AM Effective: 11/18/2014

Elaine F. Marshall North Carolina Secretary ofState 

### C2014 322 00909

Pursuant to Section 570-6-09 ofthe North Carolina General Statutes, the undersigned limited liability company hereby submits the following Articles ofDissolution for the purpose of dissolving the limited liability:

409919-1 

### I. 

### The name ofthe limited liability company is Renaissance Jet LLC 2. The North Carolina Secretary ofState ID Number is: I054492. 3. 

### The limited liability company was dissolved by the unanimous written consent of its members and managers, and the effective date ofthe dissolution is the 181 h

### day ofNovember, 2014. This the 181 h 

### day ofNovember, 2014.RENAISSANCE JET LLC By: 

### X8 AVIATION, LLC, its Manager
By:

# c_~vf' Mark Norcross, Member/ManagerState ofNorth Carolina 

### Department 

### ofthe Secretary of

### State ARTICLES OF ORGANIZATION INCLUDING ARTICLES OF CONVERSION SOSID: 1054492 Date Filed: 411712009 4:111:00 PM Elaine F. Marshall North Carolina SecretaryofState C200908601047

Pursuant to Sections 57C-2-21, 57C-9A-OI, and 57C-9A-03 ofthe General Statutes ofNorth Carolina, the undersigned converting business entity does hereby submit these Articles of Organization Including Articles of Conversion for the purpose offorming a limited liability company. I. The name ofthe limited liability company is Renaissance Jet LLC. The limited liability company is being formed pursuant to a conversion ofanother business entity. 2. The name ofthe converting business entity is Renaissance Jet, Inc. and the organization and internal affairs ofthe convertingbusiness entity are governedby the laws ofthe state or ofNorth Carolina. Aplan ofconversionhasbeen approved by the converting business entity as required by law. 3. The convertingbusiness entity is a domestic corporation. 4. There shall be no limit on the duration ofthe limited liability company. 5. The name and address ofeach person executing these articles oforganization is RobertB. Stroud (organizer), 8541 Calloway Road, Aberdeen, North Carolina 28315. 6. The street address and county ofthe initial registered office ofthe limited liability company is Robert B. Stroud, 8541 Calloway Road, Aberdeen, North Carolina 283\5 (Hoke County). 7. The name ofthe initial registered agent is Robert B. Stroud. 8. The limited liability company does not have a principal office. 9. Except as provided by Section 57C-3-20(a) ofthe General Statutes ofNorth Carolina, the members ofthis limited liability company shall not be managers by virtue oftheir status as members. \0. No person who is serving, or who was served, as a manager, director or executive ofthis limited liability company shall, except to the extent that the General Statutes of North Carolina prohibit the limitation or elimination of liability of managers, directors or executives for breach of applicable duties, be personally liable to this limited liability company or to any of its members for monetary damages for breach of duty as a manager, director or executive except for liability with respect to (a) acts or omissions that the manager, director or executive knew, at the time ofthe acts or omissions, were clearly in conflictwith the interests ofthis limited liability company, (b) any transaction from which the manager, director or executive derived an improper personal benefit or (c) acts or omissions occurringprior to the effective date ofthese Articles ofOrganization. Improper personal benefit, as used herein, shall notinclude reasonable compensation or otherreasonable incidental benefit for oron account ofservice as a manager, director, executive, officer, employee, independent contractor, attorney or consultant ofthis limited liability company. No amendment to or repeal of this provision and no adoption of a provision inconsistent herewith shall apply to orhave any effect on the liability or alleged liabilityofany manager, director orexecutive of this limited liability company for or with respect to any acts or omissions ofthe manager, director or executive occurringprior to such amendment, repeal or adoption ofan inconsistentprovision. The provisions hereofshall not be deemedto limit orpreclude indemnification ofa manager, directororexecutivebythis limited liability company for any liability that has not been eliminated bythe provisions hereof. II. The operating agreement--or any agreement that purports or is alleged to be the operating agreement-ofthe limited liability company, as defined in Section 57C-l-03(16) ofthe General Statutes ofNorth Carolina, shall be in CORPORATIONS DIVISION (Revised January 2002) P.O. BOX 29622 RALEIGH, NC 27626-0622 (Form L-OlA)

# .. writing and duly executed by all ofthe members ofthe limited liability company; provided, however, that, ifall of the members ofthe limited liability company fail to refuse to sign an operating agreement, the limited liability company shall be operated pursuant to Chapter 57C ofthe General Statutes ofNorth Carolina. 12. These articles will be effective upon filing. This is the

### 1:)_day ofMarch, 2009.

CORPORATIONS DIVISION (RevisedJanuary 2002) Renaissance Jet, Inc.

# 1illrf~ President

P.O. BOX 29622 

## OkGANIZER

RALEIGH, NC 27626-0622 (Form L-OlA)Corporations Division http ://www.secretary.state.nc.us/Search/RnnSearch

I of I 

## Elaine F Marshall Secretary North Carolina 

# EPARTMENT OFTHE 

# SECRETARY oF

# STATE PO Bo< 29622 Raleigh. NC 27626-0622 (919)807-2000 Search Results (1 - 4) Search: renaissance jet Search Again Account Login Register 

# I Entity Name

... 

# !I Sosld 

# l

.Type Jl Status 

### Jl Date Formed il Online Annual Report

### lf<en~issance Jet LLC[I10544921Business Corporation IDissolvectJ4!22/200B1200:00!1.M!IFile Report IRenaissance JetLLcJI1054492;1Limited LiabilityCompanyj[i}issolvectil4/17/200912 OO:OOAM 'I FileReport IRenaissance Jet, Inc. il1 0544921 Business Corporation

.......... IDissolvect[4l22/200812:00:00AM IFile Report !.Renaissance Jet, Inc

..J1.1.054492'1urnitedliabilityCompanyJI

### Dissolve_ct]I4/~7/2009...1200:0QAM.IFileReport

12/3/2014 11:23 AMCorporations Division http://www.secretary.state.nc.us/Search/profcorp/9086017

Click Here To: 

## Elaine F Marshall Secretary North Carolina 

# DEPARTMENT OFTHE 

# SECRETARY oF

# STATE PO Box 29622 Raleigh. NC 27621l-0622 (919)!307-2000 Account Login Register



# ------------------------------------------------------ View Document Filings File an Annual Report Print a Pre-Populated Annual Report form Amend a Previous Annual Report Corporate Names Legal: Renaissance Jet LLC Prev Legal: Renaissance Jet, Inc. Limited Liability Company Information Sosld: 1054492 Status: Dissolved Annual Report Status: Not Applicable Citizenship: Domestic Date Formed: 4/17/2009 Fiscal Month: December State of Incorporation: NC Registered Agent: Norcross. Mark Corporate Addresses Mailing: 15105-D John J. Delaney Dr. PMB 302 Charlotte, NC 28277-2848 Reg Mailing: 15105-D John J. Delaney Dr. PMB 302 Charlotte, NC 28277-2848 Principal Office: 1560 N Main St Ste 103 High Point, NC 27262-2742 Reg Office: 1560 North Main Street Suite 103 High Point, NC 27262-2742 Company Officials Manager: Mark Palmer 15105-D John J. Delaney Dr PMB 302 Charlotte NC 28277 Manager: X8 Aviation, LLC 1560 North Main St. Suite 103 High Point NC 27262

I of! 12/3/2014 11:17 AM

### CERTIFICATE OF SERVICE I hereby certify that a copy ofthe foregoing Motion to Dismiss on Grounds ofMootness In the Matter ofRenaissance Jet, Inc., FAA Case No. 2102EA390030, was mailed this 4th day of December, 2014, to: Zachary Berman, Esquire Office ofRegional Counsel, Eastern Region Federal Aviation Administration 1 Aviation Plaza Jamaica, N.Y. 11434 The Honorable J.E. Sullivan Administrative Law Judge Office ofHearings, M-20 U.S. Dept ofTransportation 1200NewJersey Avenue, S.E. (Ell-310) Washington, DC 20590 The original and a copy were mailed to: Federal Aviation Administration Hearing Docket Clerk, AGC-430 Wilbur Wright Building- Suite 2WIOOO Federal Aviation Administration 800 Independence Avenue, S.W. Washington, DC 20591

3