In The Matter Of: 

CALIBER JET 

CHARTER, LLC 

·Respondent 

SERVED: August 10,2015 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, DC 

) 

) Docket No. FAA-2015-1320 

) ; "·:') ''; 

· ) Case No. 2014EA390060 

) 

ORDER SETTING DEADLINE FOR THE RESPONDENT 

TO SHOW CAUSE AND TO FILE AN ANSWER, 

AND RESERVING OTHER RELIEF 

On May 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 served the Respondent's attorney with a 

Complaint, dated June 4, 2015, by Fed Ex mail delivery. 

Thirteen (13) days later; on June 17, 2,015,.t~e FAA filed a copy of the Complaint with 

the Office of Hearings ("OH"). That same day, on June 17, 2015, a Notice of Assignment 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 

Directing the Parties to Confer and File A Rule 26(f) Proposed Discovery Plan was filed. 

Among other things, this July 31,2015 Order directed the parties to file a Rule 26(f) Proposed 

Discovery Plan on or before Thursday, October 8, 2015, and to participate by telephone in a Rule 

16 Litigation Conference on Thursday, October 15,2015. 

On August 5, 2015 the FAA filed Agency's Motion for Decision or in the Alternative to 

Limit the Hearing to the Issue of Sanctions. 
Brief Discussion 

In FAA civil penalty proceedings, the FAA's Rules of Practice require that a respondent 

file an answer to a complaint within 30 days of service of the 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, pursuant to 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, pursuant to 

14 C.F.R. § 13.209(£). In essence, the FAA seeks a default finding and judgment on its 

Complaint, because of the 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 (if any) 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), if any, there are for its failure to file a 

timely Answer and comply with the FAA's Rules of Practice. 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 Motion for Decision in which the FAA alleges that the Respondent is in default 

status. In this Response, the Respondent should specifically state any facts or reason(s) why 

it did not file a timely Answer to the Complaint. 

2. On or before August 25, 2015, the:Respondeiitmay file a written Answer to the June 4, 

2015 Complaint. This Answer should specifically respond to each allegation in the 

Complaint, and specifically identify each affirmative defense (if any) the Respondent intends 

to assert at the hearing. 

3. The Respondent shall attach a Certificate of Service, as described by 14 C.F .R. § 13.211 (c), 

to any documents it files with this Court. The Certificate of Service shall affirm that the 

Respondent has also served a copy of the documents upon the FAA attorney, as well as an 

original and one copy upon the FAA Hearing Docket, pursuant to 14 C.F.R. §§ 13.209(b) and 

13.210. A copy of a Certificate of Service is attached to this Order, and shows all the 

addressees and their addresses. 

4. To ensure prompt delivery of documents to this Court, the Respondent should also fax, on or 

before August 25, 2015, a courtesy copy of its filed documents to Judge Sullivan (fax no. 

2021-366-7536) 

5. If the 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 Motion is reserved until after August 25,2015. 

7. Pursuant to 14 C.F.R. § 13.209(±) and Fed. R. Civ. P. 55, if the Respondent is deemed to be 

in default, the allegations in the Complaint may be deemed admitted, and the FAA's August 

5, 2015 Motion may be granted, in all or in part, without further notice to the parties, and 

without further conference or hearing. 

8. If either the FAA or the Respondent has questions regarding the procedures contained in this 

Order, they may contact Mr. Cody Smith, Attorney-Advisor at the Office of Hearings (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-Suite 2W1 0001 

Ms. Judith L. Vaughan 

Complainant's Counsel 

ONE COPY 

Office of the Regional Counsel, Eastern Region 

Federal Aviation Administration 

1 Aviation Plaza 

Jamaica, NY 11434 

TEL: 718-553-3255 

FAX: 718-995-5699 

Mr. Michael Asseff 

Respondent's Counsel 

29550 Detroit Road 

Westlake, OH 44145 

TEL: 440-521-1658 

Judge J.E. Sullivan 

US. Administrative Law Judge 

Office ofHearings, M-20 

U.S. Department of Transportation 

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

Washington, DC 20590 

TEL: 202-366-6941 

FAX: 202-366-7536 

Docket No. 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-Suite 2W1000, Washington, 

DC 20591; Attention: Hearing Docket Clerk, AGC-430.