### InThe Matter Of: CALIBERJET CHARTER, LLC ·Respondent 

## SERVED: August 10,2015 U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS WASHINGTON, DC ) 

### ) DocketNo. FAA-2015-1320 )

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### · ) CaseNo. 2014EA390060 )



### ORDERSETTING DEADLINE FORTHERESPONDENT TO SHOWCAUSE AND TO FILEAN ANSWER, AND RESERVING OTHERRELIEF

OnMay 22, 2015 the Respondent, Caliber Jet Charter, LLC, filed with the FAA's Hearing Docket a one-page Request for Hearing. On June 8, 2015, the FAA asserts that it servedthe Respondent's attorney with a Complaint, dated June 4, 2015, by Fed Ex mail delivery. Thirteen (13) days later; onJune 17,



### 2,015,.t~e FAA filed a copy ofthe Complaintwith the Office ofHearings ("OH"). That same day, onJune 17, 2015, aNotice ofAssignment of Proceeding was filed, which assigned this case to the undersigned. On July 31, 2015 an Order Setting a Rule 16 Litigation Scheduling Conference, and Directingthe Partiesto Confer and File A Rule 26(f) Proposed Discovery Planwas filed. Among otherthings, this July 31,2015 Order directed the parties to file a Rule 26(f) Proposed Discovery Plan on orbefore Thursday, October 8, 2015, andto participate by telephone in a Rule 16 Litigation Conference onThursday, October 15,2015. On August 5, 2015 the FAA filed Agency's Motion for Decision or in the Alternative to Limitthe Hearingto the Issue ofSanctions.BriefDiscussion In FAA civil penalty proceedings, the FAA's Rules ofPractice require that a respondent file an answer to a complaintwithin 30 days ofservice ofthe complaint. 1 14 C.F.R. § 13.209(a). In its August 5, 2015 Motion, the FAA asserts that the Respondent, Caliber Jet Charter, LLC, has failed to file a timely Answer to the FAA's June 4, 2015 Complaint, pursuantto the thirty-day time deadline in 14 C.F.R. § 13.209(a). As a result, the FAA asserts that each allegation in the Complaint (i.e., Sections I, II, and III) should be deemed uncontested and admitted, pursuantto 14 C.F.R. 

### § 13.209(£). In essence, the FAA seeks a default finding andjudgment on its Complaint, because ofthe Respondent's failure to answer. In its June 4, 2015 Complaint, the FAA alleges that the Respondent operated a passenger flight on or about May 28,2014 in violation offour (4) Federal Aviation Regulations ("FARs"). The FAA proposes a civil penalty of$17,600 for the alleged violations in its Complaint. Pursuant to 14 C.F.R. § 13.209(£), a responding party who has not filed a timely answer to a Complaint may avoid a default finding by presenting good cause reasons (ifany) for the failure to file a timely Answer. The Respondent should be given an opportunity to respond to the FAA's June 17,2015 Motion, and to state what reason(s), ifany, there are for its failure to file a timely Answer and comply with the FAA's Rules ofPractice. As part ofthis good cause Response, the Respondent should also include an Answer. Conclusion Purs'uant to 14 C.F.R. §§ 13.205(a), 13.209, 13.218, and Fed. R. Civ. P. 8, and after reviewing all pleadings and documents, as well as all relevant caselaw, decisions, regulations, statutory authority, and being fully advised;

1 When the complaint is served by mail, the Respondent is given an additional (S)five days to respond. 14 C.F.R. § 13.211 (e). Page 2 of 3

### IT IS HEREBY ORDERED: 1. On or before August 25,2015,the Respondent may file a written Response to the FAA's August, 2015 Motionfor Decision in whichthe FAA alleges thatthe Respondent is in default status. In this Response, the Respondent should specifically state any facts orreason(s) why it did not file a timely Answer to the Complaint. 2. On or before August 25, 2015, the:Respondeiitmay file a writtenAnswerto the June 4, 2015 Complaint. This Answer should specifically respond to each allegationinthe Complaint, and specifically identify each affirmative defense (ifany) the Respondent intends to assert at the hearing. 3. The Respondent shall attach a Certificate ofService, as described by 14 C.F.R. § 13.211(c), to any documents it files with this Court. The Certificate ofService shall affirm thatthe Respondent has also served a copy ofthe documents upon the FAA attorney, as well as an original and one copy upon the FAAHearing Docket, pursuantto 14 C.F.R. §§ 13.209(b) and 13.210. A copy ofa Certificate ofService is attachedto this Order, and shows all the addressees andtheir addresses. 4. To ensure promptdelivery ofdocuments to this Court, the Respondent should also fax, on or before August 25, 2015, a courtesy copy ofits filed documents to Judge Sullivan (fax no. 2021-366-7536) 5. Ifthe Respondent fails, on or before August 25, 2015, to file a written Response to the FAA's June 4, 2015 Motion, and fails to file a written Answer to the Complaint, the Respondent may be.deemed to be'in defaulV! '- 6. The FAA's August 5, 2015 Motionis reserved until after August 25,2015. 7. Pursuant to 14 C.F.R. § 13.209(±) and Fed. R. Civ. P. 55, ifthe Respondent is deemedto be in default, the allegations inthe Complaint may be deemed admitted, andthe FAA's August 5, 2015 Motionmaybe granted, in all or in part, without further notice to the parties, and without further conference orhearing. 8. Ifeither the FAA orthe Respondent has questions regarding the procedures contained inthis Order, they may contact Mr. Cody Smith, Attorney-Advisor at the Office ofHearings (202- 366-6941).

Attachment: Service List ·' '**~** ,I Page 3 of 3

### SERVICE LIST- BY U.S. MAIL ORIGINAL & 

### ONE COPY Federal Aviation Administration 800 Independence Avenue, S.W. Washington, DC 20591 Attention: Hearing Docket Clerk, AGC-430 Wilbur Wright Building-Suite2W10001



### Ms. Judith L. Vaughan 

### Complainant's Counsel ONE COPY

Office ofthe Regional Counsel, Eastern Region Federal AviationAdministration 1Aviation Plaza Jamaica, NY 11434 TEL: 718-553-3255 FAX: 718-995-5699 Mr. Michael Asseff 

### Respondent's Counsel 29550 DetroitRoad Westlake, OH 44145 TEL: 440-521-1658 Judge J.E. Sullivan 

### US. AdministrativeLawJudge Office ofHearings, M-20 U.S. Department ofTransportation 1200NewJersey Avenue, S.E. (E11-310) Washington, DC 20590 TEL: 202-366-6941 FAX: 202-366-7536 DocketNo. FAA-2015-1320 (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-Suite2W1000, Washington, DC 20591; Attention: Hearing Docket Clerk, AGC-430.