06/02/2011 14:59 FAX 3056707065 120002/0005 

UNITED STATES DEPARTMENT OF TRANSPORTAnOf^ ^icpffi/! 

OFFICE OF HEARINGS 

FEDERAL AVIATION ADMINISTRATION 

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FEDERAL AVIATION ADMINISTRATION, 

Complainant, FAA Docket No. FAA-2011-0069 

(Chief Judge Yoder) 

DEAN INTERNATIONAL, INC., 

Respondent. 

RESPONDENT'S ANSWER AND AFFIRMATIVE DEFENSES 

TO AMENDED COMPLAINT 

Respondent, DEAN INTERNATIONAL, INC. ("Dean"), by and through Its 

undersigned attorneys, pursuant to 14 C.F.R. §13.214, herewith files its Answer And 

Affirmative Defenses to the Administrator's Amended Complaint dated l\/lay 25, 2011, 

and states: 

The paragraph numbering below conforms to the numbering in the 

Administrator's Amended Complaint. Except as set forth herein. Respondent's Answer 

And Affirmative Defenses, dated April 19, 2011, remains unchanged. 

3a. Admitted. 

3b. Admitted. 

3c. Admitted. 

4a. Denied. 

4b. Admitted. 

STUART A. GOLDSTEIN, P. A. 

9350 SOUTH DIXIE HIGHWAY, 10TH FLOOR, MIAMI. FL 33156 

T: (305) 670-1222 F: (305) 670-7065 
06/02/2011 15:00 FAX 3056707065 [210003/0005 

4c. Denied. 

5a. Denied. 

5b. Denied. 

5c. Denied. 

6a. Admitted. 

6b. Denied. The AD states "inspections can be accomplished at the next scheduled 

inspection or the next 100 hours, whichever is later." 

7a. Denied. Further denied that a 100 hour inspection was required at the time 

referenced in paragraph 7a of the Amended Complaint. 

7b. Denied. Further denied that a 100 hour inspection was required at the time 

referenced in paragraph 7b of the Amended Complaint. 

7c. Denied. Further denied that a 100 hour inspection was required at the time 

referenced in paragraph 7c of the Amended Complaint. 

8a. Denied. 

8b. Denied. 

8c. Denied. 

9a. Denied. 

9b. Denied. 

9c. Denied. 

10. Admitted. 

11. Denied. 

12. Denied. 

13a. Admitted. 

STUART A, GOLDSTEIN, P. A. 

9350 SOUTH DIXIE HIGHWAY, 10TH FLOOR. MIAMI, FL 33156 

T: (305) 670-1222 F; (305) 670-7065 
06/02/2011 15:00 FAX 3056707065 120004/0005 

13b. Denied. The AD states "inspections can be accomplished at the next scheduled 

inspection or the next 100 hours, whichever is later." 

13c. Denied. Further denied that a 100 hour inspection was required at the time 

referenced in paragraph 13c of the Amended Complaint. 

13d. Denied. 

14. Denied. 

AFFIRMATIVE DEFENSES 

1. As to both N6348B and N5276M, there was no violation in that the inspections 

referenced in the Complaint may be completed within 10 hours after the 100 hours time 

in service has elapsed. 

2. On all referenced flights, except the flight of March 1, 2010, the aircraft were 

dispatched, and were scheduled to return, prior to the expiration of 100 hours. 

3. Respondent has several systems in place to advise pilots, flight instructors, 

dispatchers, and maintenance personnel as to upcoming inspection times. Any failure 

that might have occurred was the fault of inadvertence on the part of contractors or 

employees and not the fault of Respondent. 

4. Respondent had a right to rely on its contractors and personnel to properly 

perform their duties and they had the last best chance to avoid any failures that might 

have occurred. 

5. The proposed fine is harsh, unreasonable, and not appropriate in the facts and 

circumstances of this case. 

STUART A. GOLDSTEIN. P. A. 

9350 SOUTH DIXIE HIGHWAY. lOTH FLOOR, MIAMI, FL 33156 

T: (305)670-1222 F; (305)670-7065 
06/02/2011 15:00 FAX 3056707065 120005/0005 

CERTIFICATE OF SERVICE 

I HEREBY CERTIFY that on this il^da y of June, 2011, an original and one 

copy of the foregoing was filed in accordance with 14 C.F.R. § 13.209 and §13.210 

upon the Hearing Docket Clerk at FAA, AGC-430, Suite 2W1000, Wilbur Wright 

Building, 600 Independence Avenue, S. W., Washington, D. C , 20591, and that a true 

and accurate copy was served upon Christopher R. Stevenson, Esq., by facsimile (404) 

305-5223 and regular U. S. Mail at P. O. Box 20636, Atlanta, GA 30320. 

STUART A. GOLDSTEIN, P. A. 

9350 South Dixie Highway, 10th Floor 

Miami, FL 33156 

Tel: (305)670-1222 

Fax: (305) 670-7065 

By J^^lJMktz. 

Stuart A. Goldstein 

STUART A. GOLDSTEIN. R A. 

8350 SOUTH DIXIE HIGHWAY, 10TH FLOOR, MIAMI. FL 33156 

T: (305) 670-1222 F: (305) 670-7065