Michael Sel[g, MD, FACC- CFI-H 

2816 Ore field Road 

Allentown, PA. 18104 

i^MRTMENT OF 

•'•.^••iOPPRATiOi'S 

DEC 0 8 2010 

' p n^ Su 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

Federal Aviation Administration 

Cynthia Dominilc, Laura Ponto, 

Latonya Williams 

Complainants 

M & R Helicopters, LLC. 

Respondent 

^010 - j^i l 

FAA Cose: No: 2009SO9$0434 

fi PloSo ahii 

RESPONDENT'S MOTION FOR JUDGEMENT TO DISMISS 

FAILURE TO RESPOND OR MEET FILING DEADLINES 

AND NOW, comes respondent, MICHAEL B. SELIG- MD, FACC, CFI-H, 

principle for M & R Helicopters, LLC, (MRH) (non-operational since 2009) whom 

avers anO files the tolicv/ing MOTION FOR JUDGEMENT since the compiainonrs 

have failed to respond or answer filing deadlines in accordance to §13.218(d). 

1. On July 21, 2009, FAA Officers, Latonya Williams and Kimmy Poon 

appeared for an initial scheduled inspection at the joint office of Lifeline 

Cardiology and MR Helicopters, LLC. 

2. The alleged violation for Mr Baker according to Ms Williams Inspector 

Statement lOP 9 record, was due to "inability to find FAA approved drug and 

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alcohol testing program information for Flight Methods". Mr Baker was not 

employed by Flight Methods, but by Air Methods Corporation, therefore Ms 

Williams erred in this fundamental fact driving the violation. 

3. Ms Williams failed to perform with due diligence an investigation 

confirming that Mr Baker was not on a drug and alcohol program. 

4. On July 23, 2010, MRH was served with a Notice of Proposed Civil 

Penalty, citing a potential fine of $5400 (Fifty Four Hundred Dollars). This 

occurred over 1 year later, past the statue of limitations and therefore time 

barred. 

5. On October 27,2010 a letter to Ms Ponto was requesting discovery. 

To date no objection or production has been received passed the 30 day 

deadline and in violation to § Rule 13.220(d). 

6. On November 24, 2010, a letter was sent to Ms Ponto reminding her of 

outstanding issues, not addressed in the 10 day deadline period in violation to 

§13.218(d) or in the 30 day deadline and in violation to § Rule 13.220(d). 

7. On November 27, 2010, Preliminary Objections were submitted to Ms 

Ponto, to which an answer was not submitted in the 10 day deadline period in 

violation to §13.218(d). 

8. On November 27, 2010, a letter to Ms Ponto was sent reminding her 

of the requested hearing transcripts. 

9. On November 29, 2010, a Motion and Brief to Quash, Strike or Dismiss 

Complaint was sent to Mr Ponto, no objection or answers have been received 

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past the 10 deadline under § Rule 13.220(d). 

10. There has been no response to any of the above 5 documents. 

11. There is no reason for counsel to not be able to respond by the 

deadline dates as stated in the rules, as the Office of Chief Counsel employs 

many attorneys, therefore alternatives are readily available to cover illness or for 

vacation. 

12. 7hi.5 case aoes not have exclusive authority of only Ms Ponto, as 

there have been other attorneys that have reviewed or been involved in the 

case, including Peter Lynch, Esq., (letter October 21, 2010, (exhibit 1). Charles 

Raley, Esq. (October 1, 2010 telephone hearing; transcripts outstanding), Ms 

Cynthia Domini<tt, Esq. (Telephone call December 8, 2010), therefore, there is 

no excuse or reason for absent or late filing or answers on any premise for all the 

above documents. 

13. Defendant does not agree to any form of continuance as the case 

basis is frivolous at best from the onset, due to insufficiency, erred claims and 

now multiple procedural defects. 

WHEREFORE, the respondent prays that this Honorable Court will grant the 

Motion for judgment to dismiss the case due to unresponsive, absent and late 

filings in accordance to Rules § 13.220(d) and § 13.220(d). 

Respectfully Submitted, 

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Michael B. Sellg, MD, FACC 

Date 

IT 

^H 0 

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o 

U.S. DeparrmePT Office of the Chief Counsel 300 Independence Ave,, SW. 

of Transportation Washington. DC 20591 

Federal Aviation 

Administration 

CERTIFIED MAU. - RETURJV RECEIPT REQUESTED 

and REGULAR U.S. MAIL 

October 21,2010 

Dr. Michael B. Selig Of^T 2 5 2010 

President 

iVl & R HelicopLora, LLC 

2045 Westgate Dr. 

Suite 205 

Bethlehem. PA 18017 

Rli: M&KHelicopters. Case No: 2009SO950434 

FINAL NOTICE OF PROPOSED CIVIL FEMALTY 

On July 23, 2010, M & R Helicopters, LLC (M & R Helicopters) was advised tlirough a Notice 

of Proposed Civil Penalty that tlie Federal Aviation Administration (FAA) proposed to assess a 

civil penalty in the amount of S5,400. After considering all of the information presently part of 

this proceeding, including information presented at an Informal conference, it appears that: 

1. M & R Helicopters, LLC (M & R Helicopters) is now, and at all times mentioned 

in this document was, the holder of Air Carrier Certificate No. MR3A020K, issued under 

14 C.F.R. part 119 and authorized to conduct operations under 14 CF.R. part 135 of the 

Federal Aviation Regulations. 

2. At all times mentioned in this document. M & R Helicopters' operations 

.ipecificaiions required it xo comply with 14 CF.R. pan 121, Appendices I and J and 

49 C.F.R. Piui 40 for its antidrug and alcohol misuse prevention program. 

3. At all times mentioned in this document, 14 C.F.R. §§ 135.251(a) and 135.255(a) 

required that M & R Helicopters test each employee who performs a safety-sensitive fianction 

listed in 14 C.F.R. part 121, Appendix 1 and J in accordance with those appendices. 

4. Under 14 C.F.R. part 121, Appendix I, § III, an employee who performs aircrall 

maintenance or preventive maintenance duties, directly or by contract for M & R Helicopters, is 

performing a safety-sensitive function and must be subject to drug testing under an antidrug 

program implemented in accordance with that appendix, 

5. Under 14 C.F.R. part 121, Appendix J, §II.A, an employee who performs aircraft 

maintenance or preventive maintenance duties, directly or by contract for M & R Helicopters, is 

iOO/SOOia SWQ * VVd Sl7LSeG1?202 XVJ 9S:3L 0L02/GZ/3L 
Federal Aviation Administration 

600 Independence Avenue, S.W. 

Wilbur Wright Building - Suite 2W1000 

Washington, DC 20591 

ATTN: Hearing Docket Clerk, AGC-430 

Moreover, a copy of any request for a hearing must also be served on: 

Laura Ponto, Attorney 

Enforcement Division, AGC-300 

Office of the Chief Counsel 

800 Independence Avenue, S.W. 

Washingion, DC 20591 

M & R Helicopters' request for hearing must be dated and signed in accordance with 

14 C.F.R. § 13.16. 

Alternatively, M & R Helicopters may pay the proposed civil penalty by submitting a check or 

money order payable to the Federal Aviation Administration, to: 

Federal Aviation Administration 

Attention: Brenda S. Barnliill 

Mike Monroney Aeronautical Center 

6500 South MacArthur Blvd. 

General Accounting, AMZ-350 

Oklahoma City, OK 73169 

If M & R Helicopters elects to submit payment, a photocopy of tlie payment instrument should 

also be sent by facsimile to Laura Ponto, Attorney, Enforcement Division/AGC-300 at (202) 

267-5106. 

Any otlier communications regarding this matter should be addressed to Laura Ponto. 

Enforcement Division''AGC-300, Office of the Chief Counsel. Federiil Aviation Adminisiiaiion. 

SOw Independence .-\^-enue, S.W,^ Washington, D.C. 20591, ikcsimile (202) 267-5106. 

Peter J. Lynch y 

Assistant Chief Counsel \^ 

for Enforcement 

By: y-^ac£^a:i>/jrC6o 

, Ponto 

Attorney, Enforcement Division/AGC-300 

Office of the Chief Counsel 

Telephone: (202) 267-9863 

Facsimile: (202)267-5106 

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U.S. DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administrotion 

Cynthia Dominik, Luura Ponio, Lolonyo Williams 

Complainants 

M & R Helicopters, LLC. 

Respondent 

FAA Case 2009SO9S0434 

CERTIFICATE OF SERVICE 

I HEREBY CERTIFY ttnat I hove this day served the foregoing entrie{s): 

RESPONDENT'S MOTION FOR JUDGMENT TO DISMISS 

FAILURE TO RESPOND OR MEET FILING DEADLINES 

upon all parties of record in tnis proceeding, in accordance with the requirements of Rule 29 

pursuant to 28U. S. C.§ 1746. 

Service by firstj-do.-s.') mail, postage prepaid, addressed as follows: 

Federal Aviation Administration 

600 Independence Avenue, 5W 

Wilbur Wright Avenue-Suite 2W1000 

Washington, D.C. 20591 

Att: Heoring Doclcet Clerk, AGC-430 

Cynthia Dominik, Esq. 

EnforcemenI Division/AGC-300 

-P:^"iic:ior'iCti /^^er"....,e- ^IA 

•/ashington, DC 20591 ^ 

\^/FA X 202 267 5106 ^ . .\Y l ^\V^ 

By; 

Micnael B. Selig. MD, FACC. 

2816 Orefie!d Road 

Allentown, Pa. 18104 

610 360 3953 

Dale: . 

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