SERVED: NOVEMBER28,2012 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, DC 

IN THE MATTER OF 

MAGORIEN HONING & HYDRAULICS 

FAA DOCKET No. [TO BE ASSIGNED] 

(Civil Penalty Case) 

FDMS F AA·20 12-0908 

ORDER TO RESPONDENT TO SHOW CAUSE 

The Federal Aviation Administration ("Complainant'') filed a Motion to Deem 

Allegations Admitted ("Motion") 1 dated November 9, 2012. It asks that the undersigned enter an 

order assessing a civil penalty of $40,000 or, in the alternative, find that the allegations. of the 

Complaint have been admitted and limit the proceeding to the issue of penalty. The basis for the 

Motion is Complainant's assertion that Magorien Honing & Hydraulics (''Respondent") has 

failed to file an Answer to the Complaint. Respondent has not answered the Motion. 

WHEREFORE, it is ORDERED as follows: 

1. On or before Dec:ember 12, 2012, Respondent shall file a response to this Order 

stating why the relief requested in Complainant's Motion should not be granted; and 

1 

The full title of the Motion is ''Motion to Deem tne Allegations in the Complaint Admitted, to Enter an Order 

Assessing Civil Penalty for $40,000 or, Alternatively, Limit the Hearing to the Issue of Sanction." · 

3Lf 
2 

2. On or before December 12,2012, Respondent shall file an Anlwer to the · 

Complainf; . I 

3. Absent full and complete responses to Ordering paragraphs 1 and 2, Respondent 

may be sanctioned, including, but not limited to, allegations in the Complaint: may be deemed 

admitted; Respondent may be preCluded from introducing any evidence at the hearing other than 

personal testimony; Respondent's Request for Hearing may be dismissed; and/or a Default 

Judgment may be entered against Respondent in the fUll amount of the civil penalty requested 

by the Complainant in its Complaint. 

flM .. c~··i· .. ~ ' i . 

. ~ 

i . ~?l 

• ·' I ' 

Richard C. Goodwin 

U.S. Administrative Law Judge ~ 

Attachment - Service List 

2 The Rules of Practice for this proceeding are set forth in 14 C.F.R. Part 13, Subpart G, ofth¢ Federal Aviation 

Regulations. Those rules provide, inter alia, that the Respondent must fil~ a written Answer 9r motion within thirty · 

(30) days after service of the Complaint (14 C.F.R. § 13.209(a)) and that failure to file an Ans~er without good 

cause is deemed an admission of each allegation in the Complaint(§ 13.209(t)). i 

More specifically, 14 C.P.R. § 13.209 (e) states: i · 

A person filing an answer shall admit, deny, or state that the person is without sufficlbnt knowledge or 

information to admit or deny, each numbered paragraph of the complaint. Any statement or allegation contained in 

the complaint that is not specifically denied in the answer may be deemed an admission ofth~.!tiuth of that 

allegation. A general denial of the complaint is deemed a failure to file an answer. i 
3 

SERVICE LIST 

ORIGINAL & ONE COPY. 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Washington, DC 20591 

Attention: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building-Suite 2Wl0001 

Neel Viradia, General Manager 

Magorien Honing & Hydraulics, Respondent 

1212 South Vail Avenue 

Montebello, CA 90640 

TEL: 323-723-1151 

FAJ(: 323-888-1154 

Email: www.magorien.com 

Doug Griffith, Respondent's Counsel. 

Law Office of Doug Griffith 

633 W. 5th St., SE 2800 

Los Angeles, CA 90071 

TEL: 213-223-2092 

FAX: 213-814-4530 

Email: doug@douggriffithlaw.com 

Michael F. McKinley, Complaina1'}t 's. Counsel 

Senior Attorney, Office of the ChiefCounsel 

Enforcement Division, AGC-300 

Federal Aviation Administration 

800 Independence Avenue, SW 

Washington, DC 20591 

TEL: 202-267-7100 

FAX: 202-267-5106 

ONE COPY 

The Honorable Richard C. Goodwin, Administrative Law Judge 

U.S. Department of Transportation 

Office of Hearings, M-20 

1200 New Jersey Avenue, S.E. (E11-310) 

Washington, DC 20590 

TEL: Attorney-Advisor 202-366-2139 

Staff Assistant 202-366-5121 

FAX: 202-366-7536 

FDMS No. F AA-2012-0908 

(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. ·