U.S. DEPARTMENT OF TRANSPORTATION > | Q ^i j 

OFFICE OF HEARINGS -ilSJlBiki* ^ 

WASHINGTON, DC ^~^fTfNQ DQCKE T 

FAA Docket No. CP10WP0014 j 

In the Matter of: * r:? 

TROMBETTA CORPORATION * 

lie 

**************************** * 

TO: Honorable Richard C. Goodwin and Respondent 

I. J --. 

DMS NO. FAA-2010-12^ 

ALJ - GOODWIN -

J> 

fn^'^^ 

rn-i-;m 

CD O!) 

MOTION TO DEEM ALLEGATIONS ADMITTED " 

The Federal Aviation Administration (FAA) hereby moves for an order deeming 

allegations admitted pursuant to Rule 13.209(f) of the Rules of Practice in FAA Civil Penalty 

Actions (14 C. F. R. 13.209(f)). This motion is made on the grounds that Respondent has failed 

to file an answer to the complaint. 

In a letter dated November 30, 2010, the Respondent, through its General Manager, Paul 

Lindsay, filed its written request for a hearing following the Complainant's issuance, on 

November 10, 2010, of a final notice of proposed civil penalty. On December 10, 2010, the 

Complainant issued the complaint in this matter. In the cover letter to the complaint, the 

Complainant specifically advised the Respondent that in accordance with Rule 13.209, a written 

answer to the complaint must be filed no later than 30 days after service of the complaint. 

On February 24, 2010, your Honor served on the parties a Procedural Order. The 

Procedural Order addressed the Rule 13.209(a) requirement to file an answer, quoted Rule 

13.209(e) - Specific denial of allegations required, and stated under Rule 13.209(f) that a failure 

to file an answer without good cause is deemed an admission of each allegation in the complaint. 
Accordingly, the Complainant respectfully requests that your Honor deem the allegations 

admitted on the grounds that the Respondent has failed to file an answer to the complaint. In the 

event this motion is granted. Complainant submits that the parties could adequately brief the 

issue of sanction by written argument. 

Respectfully submitted. 

Federal Aviation Administration 

Western-Pacific Region 

Lawndale, California 

NAOMI TSUDA 

Regional Counsel 

By: ^/ ^ ^fei>CM/I 

Li^a J. roscano 

Attorney 

Dated: March 4, 2011 
FAA DOCKET NO. CP10WP0014 

DMSNo. FAA-2010-1219 

CERTIFICATE OF SERVICE 

I hereby certify that on this date I have placed in the United States mail, postage prepaid, the 

executed original and one copy of the MOTION TO DEEM ALLEGATIONS ADMITTED 

addressed as follows: 

Hearing Docket 

Federal Aviation Administration 

Wilbur Wright Building, Suite 2W1000 

Attn: Hearing Docket Clerk, AGC-430 

800 Independence Avenue, S.W. 

Washington, DC 20591 

and a true copy to: 

Also by facsimile: 

The Honorable Richard C. Goodwin 

Administrative Law Judge 

U.S. Department of Transportation 

Office of Hearings, M-20 

East Building Ground Floor 

RoomE12-320 

1200 New Jersey Avenue, S.E. 

Washington, D.C. 20590 

(202) 366-7536 

Courtesy facsimile 

Paul Lindsay 

General Manager 

Trombetta Corporation 

N88 W13901 Main Street, Suite 200 

Menomonee Falls, WI 53051 

(262)251-5757 

Dated: March 4, 2011 

Agnes E. Ebilane, Legal Technician 

Office of the Regional Counsel 

Federal Aviation Administration 

Lawndale, California