12-138 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

FEDERAL AVIATION ADMINISTRATION 

RECEIVED 

NOV -6 2014 

HEARING DOCKET 

FEDERAL AVIATION ADMINISTRATION, Docket No.: FAA-2014-0807 

Complainant, FAA Case No. 2011S0190272 

vs. Judge: J.E. Sullivan 

PAZ AVIATION, INC., Location of Hearing: Miami, FL 

Respondent. 

----------------------~/ 

ANSWER AND AFFIRMATIVE DEFENSES 

Respondent, by and through its undersigned counsel, responds to the 

Administrator's Complaint as follows: 

I. 

Admitted. 

1. 

2. 

3. 

4. 

5. 

6. 

7. 

8. 

9. 

10. 

II. 

Admitted. 

Admitted. 

Admitted. 

Admitted. 

Denied. 

Denied. 

Denied. 

Denied. 

Denied. 

Denied. 

McDONALD & McDONALD. P. A., P. 0. Box 669122, Miami, FL 33166-9428 

TEL.: (305) 643-5313, FAX: (305) 643-4990; E-MAIL: dmm@Mcdonaldattorneys.com 
Docket No.: FAA-2014-0807 

11. Denied. 

12. Denied. 

III. 

13. Paragraph 13, including all sub-parts, denied. 

14. Any allegations not specifically admitted herein are hereby specifically 

denied. 

AFFIRMATIVE DEFENSES 

1. For its First Affmnative Defense, Respondent alleges that the time it 

performed the services described in the Administrator's Complaint, that Respondent had 

on hand the required technical data, appropriate tooling and/or equivalent tooling, 

appropriate equipment and/or equivalent equipment, and sufficient facilities with which 

to perform the services. 

2. For its Second Affirmative Defense, Respondent alleges that the tooling 

and/or equipment was equivalent to that recommended by the manufacturer of the items 

being serviced. 

3. For its Third Affirmative Defense, Respondent alleges that once it learned 

of the alleged discrepancy, it recalled all of the units listed in the Administrator's 

Complaint and that the returned units were then serviced by a third party at Respondent's 

expense and none of the recalled units were found to be defective. 

4. For its fourth affirmative defense, Respondent alleges that the units it 

serviced and which are the subject of the Administrator's complaint were serviced 

between July 2009 through April of 2011; that the F ARs only require Respondent to 

maintain its records of service for 2 years; that the Administrator knew of these events 

2 

McDONALD & McDONALD. P. A., P. 0. Box 669122, Miami, FL33166-9428 

TEL.: (305) 643-5313, FAX: (305) 643-4990; E-MAIL: dmm@Mcdonaldattomeys.com 
Docket No.: F AA-2014-0807 

years ago, but failed to timely bring this action; and, as a result of the Administrator's 

delay, Respondent has been prejudiced from the loss of witnesses, loss of records, and or 

loss of witnesses' memory of the events. Based upon the foregoing, the matter should be 

dismissed based upon laches and/or estoppel. 

Respondent, PAZ AVIATION, INC., reserves the right to amend this Answer and 

Affirmative Defenses based upon further investigation and/or discovery. 

Respectfully submitted, 

McDONALD & McDONALD 

~-~.. ·' ~-""\ 4') B{ ;\"",; ~~~tr Hfirvl::/ 

~d M. McDonald, Esq. 

CERTIFICATE OF SERVICE 

I HEREBY certify that the original and one copy of the foregoing was faxed and 

mailed via FedEx to the Hearing Docket Clerk with copies via fax and mail to the Hon. 

J.E. Sullivan and William Vines, Esq. this 5th day of November, 2014 as follows: 

Hon. J.E. Sullivan, Administrative Law Judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

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

Washington, DC 20590 

202-366-6941 

202-366-7536- fax 

Hearing Docket Clerk, AGC-430 

Federal Aviation Administration 

600 Independence Avenue, S.W. 

Wilbur Wright Building- Suite 2Wl 000 

Washington, DC 20591 

404-305-5223 -fax 

3 

(original+ 1 copy) 

McDONALD & McDONALD. P. A., P. 0. Box 669122, Miami, FL 33166M9428 

TEL.: (305) 643-5313, FAX: (305) 643-4990; E-MAIL: dmm@Mcdonaldattorneys.com 
William Vines, Attorney 

Federal Aviation Administration 

Office ofthe Regional Counsel, AS0-7 

Southern Region 

1701 Columbia A venue 

College Park, GA 30337 

404 305-5200- tel. 

404 305-5223 -fax 

Complainant's Counsel 

Paz Aviation, Inc. 

c/o Jay Allen, President 

7455 W 2"d Court 

Hialeah, FL 33014-4301 

Respondent 

g:Apps\2012\12138\A&AD 

4 

Docket No.: F AA-2014-0807 

McDONALD & McDONALD, P.A. 

Attorneys for Respondent 

P 0 Box 669122 

Miami, FL 33166-9428 

(305) 643-5313 

(305) 643-4990- fax 

dmm@Mcdonaldattorneys.com 

~--. y: pJ.,;<;/!i~;;1<:-'7A.?e< ¥ni' ti 

David M. McD nald ' 

Fla. Bar No. 0844380 

McDONALD & McDONALD. P. A., P. 0. Box 669122, Miami, FL 33166-9428 

TEL.: (305) 643-5313, FAX: (305) 643-4990; E-MAIL: dmm@Mcdonaldattorneys.com