Michael Selig, MD, FACC, CFI-H . -5|lS, o "tCEl VED 

2816 0refieldRoad " Ui^LHAt.UJi j^ ^ j 3 ^g^j 

Allentown, PA. 18104 .^.^ .,^^, , ^ p ^,^ Q HEARIN G DOCKE T 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

Federal Aviation Administration 

Cynthia Dominik, Laura Ponto, 

^^ cSmpk,ina'?i'ts Honorable Judge Ronnie Yoder 

V. Federal Docket. No: 2010-1211 

M & R Helicopters, LLC. 

Respondent C. f |i>S()Oc>ll 

RESPONDENT'S MOTION FOR JUDGMENT TO DISMISS 

FAILURE TO PROPERLY 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 2007) whom 

avers and files the following MOTION FOR JUDGMENT since the complainants 

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

and when complainants did respond failed to plead facts with sufficient 

specificity and therefore should be dismissed according to Rules 1019 and 

1028(a)(3), therefore further reason for complaint to be sticken. 

1. Throughout this litigation, the complainants have refused to address 

specific numerated paragraphs in breach of § 206.2. 

1 
2. Throughout this litigation, complainants have not pleated facts with 

sufficient specificity and in accordance to standard practices of Rules 1019 and 

1028(a)(3). The purpose of the rule is to confine the pleading party proof to only 

those acts alleged, thus enabling a responding party to prepare their defense^ 

3. Throughout this litigation, complainants continued to file late 

responses to motions past the 10 day deadline period under § Rule 13.218(d), for 

example, not using actual dotes of service in attempts to impair the dignity of 

this court. 

4. The Respondents Motion to Quash, Strike or Dismiss Complaint, with 

associated brief was faxed (Exhibit fax confirmation sheet) and sent to Mr Pontes 

department on November 29, 2010. The due date was December?, 2010. An 

objection or response was not received or served until December 13, 2010, post 

the due date under § Rule 13.218(d) (Exhibit 1). 

5. Ms Dominik of the FAA enforcement division of the chief counsel 

called respondent directly admitting that the complainants did not file 

responses within the 10 day deadline period, were in breach of this regulation 

and thereby requested a continuance. Exhibit 2 shows call log of respondent's 

telephone showing Ms Dominiks number 202-267-7560. 

6. Respondent refused a continuance and requested the case be 

dismissed on these grounds. 

7. On November 30, 2010, a respondents motion to Strike Allegation was 

'Baker v Ranges, 324 A.2d 498, 505 (Pa Super Ct. 1974 

-2-
faxed and sent to Ms Pontos department to which no objection or answer was 

received within the 10 day deadline under § Rule 13.218(d) (Exhibit 3-fax 

confirmation sheet) (Exhibit 4). A late answer was also provided in the 

correspondence received on December 13, 2010. 

11. There is no reason for counsel to not be able to respond to any of 

the above deadline dates in accordance to the FAA Rules of Civil Penalty 

Proceedings 14 C.F.R. §13.16 and subpart G, as the Office of Chief Counsel 

employs many attorneys, handles thousands of violations yearly and therefore 

alternatives are readily available to cover or substitute for vacation, illness or 

other reasons. 

12. This case does not have exclusive authority of only Ms Ponto, as 

there have already been other intervening attorneys that have reviewed or 

been involved in the cose, including Peter Lynch, Esq., (letter October 21, 2010, 

(exhibit 1), Charles Roley, Esq. (October 1, 2010 telephone hearing, transcripts 

outstanding), Ms Cynthia Dominik, Esq. (Telephone coll Decembers, 2010), 

therefore, there is no excuse or reason for late filing of objections or answers, not 

addressing all numerated paragraphs or using sufficient specificity in their 

pleadings under any premise for all the above documents. 

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

Motion for judgment to dismiss the cose due to late filing and other procedural 

defects in accordance to Rules 13.218(d), § 1019 and 1028(a)(3) and § 206.2 
1 Respectfully Submitted, ,, > 

I Michael B. Selig, MD, FACC, CFI-H ' 0-*^ 

I Date 
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MichaelSelig, MD, FACC. f^ W ^l'-''"^' -) 

2816 Orefield Rood _ , ^ 0 -^ ^' 

Allentown, PA. 18104 p^jj>$M >^^ 9<t''''" 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

Federal Aviation Administration 

Laura Ponto, Latonyo Williams 

Complainants 

FAA Case: No: 2009SO950434 

V. 

M & R Helicopters, LLC. 

Respondent 

RESPONDENT'S MOTION TO STRIKE ALLEGATIONMR BAKER WAS NOT ON A DRUG/ALCOHOL PROGRAM 

AND NOW, comes respondent, MICHAEL B. SELIG, MD, FACC, 

principle for MR Helicopters, LLC, (MRH), (no longer existing) whom avers and 

files the following MOTION to Strike the Allegation claimed by Ms Latonyo 

Williams that Mr Baker was not on on approved Drug/Alcohol program during 

the stated period. 

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

appeared for an inspection of the drug and alcohol abatement records at the 

prior office of MR Helicopters, LLC. 

2. On July 23, 2009, FAA Officer, Latonyo Williams returned alone for the 

of 3 
U.S. DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

Cynthia Dominik, Laura Ponto, 

Lotonya Williams 

Complainants 

M & R Helicopters, LLC. 

Respondent 

V. 

Honorable Judge Ronnie Yoder 

Docket: 2010-1211 

CERTIFICATE OF SERVICE 

I HEREBY CERTIFY tinat I inave this day served the foregoing entrie(s): 

RESPONDENT'S MOTION FOR JUDGMENT TO DISMISS 

FAILURE TO PROPERLY RESPOND OR MEET FILING DEADLINES 

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

pursuant to 28 U. S. C. § 1746 . 

Sen/ice bv first-class mail, postage prepaid, addressed as follows: 

\X 

Federal Aviation Administration 

800 Independence Avenue, SW 

Wilbur Wright Avenue-Suite 2W1000 

Washington, D.C. 20591 

Att: Hearing Docket Clerk, AGC-430 

FAX 202 493 5142 

Cynthia Dominik, Esq. 

Enforcement Division/AGC-300 

Office of the Chief Counsel 

FAA 

800 Independence Avenue, SW 

Washington, DC 20591 

t^FAX202 267 5106 

By: 

Michael B. Selig, MD, FACC. 

2B16 0refieldRoad 

Allentown, Pa. 18104 

610 360 3953 

Date: 

^ v . 

^ 

The Honorable Ronnie A. Yoder 

US Department of Transportation 

Office of Hearings, M-20, Room El 2-320 

1200 New Jersey Avenue. S.E. 

Washington, DC 20590 

/, FAX 202 366 7536 

V , ^ -

^ 

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