05/13/2015 05:22 4252271007 

ROBERT SPITZER 

FAA OFFICE OF REGIONAL COUNSEL 

1601 LIND AVE., SW 

RENTON, WASB!NGTON 98057 

TELEPHONE: ( 425) 22 7 ·14 I 7 

FACS!MlLE: (425)227·1007 

ANM7 

UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

In the Matter of: 

Select Aviation Services, Inc. Docket No, FAA 2014-1119 

Judge J,E. Sullivan 

Motion for Decision 

In accordance with 14 Code of Federal Regulations (C.P.R.)§ 13.218(!)(5) 

PAGE 02/04 

(Rule 13.218(!)(5)), the Administrator (Complainant) brings this Motion for Decision. There 

are no genuine issues of material :fact, as Respondent has failed to answer the Complaint. The 

Complainant is entitled to a decision as a matter of!aw. 

Facts 

On January 13,2015, Respondent requested a hearing in response to the Complainant's Final 

Notice of Proposed Civil Penalty. On January 22, 201J, Complainant served the Complaint 

on Respondent and Respondent's counsel by regular and certified mail; the certified mail was 

received by Respondent's counsel on January 26, 2015, and by the Respondent on January 

30, 2015. 

Argument 

"The administrative law judge shall grant a party's motion for decision if the pleadings, 

depositions, answers to interrogatories, admissions, matters that the administrative law judge 

has officially noticed ... show that there is no genuine issue of material fact and that the party 

making the motion is entitled to a decision as a matter of law. The party making the motion 

, .. has the burden of showing that there is no genuine issue of material fact disputed by the 

parties." 14 C.F.K § 13.218(£)(5). 

A respondent must file an answer within "30 days after service of the complaint." 14 C.F.R. 

§ l3.209(a). For service by mail, the date of service is the date of mailing as shown on the 
05/13/2015 05:22 4252271007 ANM7 

certificate of service; an additional "5 days shall be added" to the time to respond. 14 C.F.R. 

§§ !3.21l(d) an.d (e). The Complaint In this case was served by mail on January 30,2015. 

Thus, to be timely, the answer must have been filed by Match 1, 2015. A "failure to file an 

answer without good cause shall be deemed an admission of the truth of each allegation 

contained in the complaint." 14 C.F.R. § 13.209(t); In the Matter of Larry's Flying Service, 

Inc., FAA Order No. 98-4, 1998 WL 158381 (March 10, 1998). Law judges do not have 

authority to extend the deadline for filing an answer absent a showing of good cause. Larry~ 

Flying Service (citing In the Matter of R.obtnson, fAA Order No. 97-18 at 5, 

1997 WL 307266 (May 23, !997); In the Matter of Atlantic World Airways, FAA Order 

No. 95-28 at 3, 1995 WL 853922 (December 19, 1995). Failure to .file an answer waives any 

and all defenses, including financial hilrdship. Larry s Flying Service at 4. 

The Complaint in this case was served hy facsimile and mail on January 30,2015. Thus, to be 

timely, the answer must have been filed by March l., 2015. Having failed to file an answer, 

Respondent has admitted the truth of each and every allegation in the Complaint, and waived 

all affirmative defenses, Including those addressed to sanction. There is no genuine issue of 

material fact remaining to be litigated, and Complainant is entitled to a decision as a matter 

of law. 

Conclusion 

For the reasons stated above, the FAA respectfully requests that this court grant this Motion 

for Decision. TI1ere are no genuine issues of material fact to be litigated. 

Respectfui!y submitted this 13tl' day of October, 2014. 

RobortSdFAA Attorney 

M.otion for Decision 

FAA v_ Select Aviation Services~ Inc. 

DOT OMS NO FAA-2014·11!9 

Page 2 of3 

ROBERT SmZER, fAA ATTORNEY 

TEL: (425)227·1417: FAX: (425) 227-!007 
05/13/2015 05:22 4252271007 ANM7 

CERTIFICATE OF SERVICE 

I hereby certify that the foregoing Motion for Decision has been served via facsimile and 

First Class cettified mail , Return Receipt Requested this date, to the following: 

Judge .LE. Sullivan 

Federal Aviation Administration 

800 Independence Avenue SW 

Washington, D.C. 20591 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building- Suite 2Wl 000 

Fax: (202) 267-1293 

David M. Schoeggl 

Attorney at Law 

P.O. Box 91302 

Seattle, WA 98111-9402 

Fax: (206) 223-7107 

Fred Hodgdon 

Select Aviation Services, Inc. 

P.O. Box 430 

Corvallis, MT 59828 

Fax: (406) 961-4101 

Dated t(lis 113tll day of May 2015. 

.... ,/ .. /·· / v " '_/A;~ ~f:gimml .. e 1 Kirk . 

C.oo~l (ANM-n 

Federal Aviation Administration. 

1601 Lind Ave. SW 

Renton, WA 98057 

(425) 227-2007 

PAGE 04/04 

Motion for D~.::cision 

FAA v. Select Aviatlon Services, 1nc, 

DOT .OMS No FAA-2014·1119 

Page3 of3 

RoBE>T SPITZER, FAA ATTORNEY 

TEL: (425) 227-.1.417; FA)(: (425)227-1007 
05/13/2015 05:22 4252271007 ANM7 

FACSIMILE MESSAGE 

FEDERAL A VIA TJON ADMINISTRATION 

OFFICE OF REGIONAL COUNSEL 

ANM-7 

1601 LIND AVENUE S.W. 

RENTON, WASHINGTON 98057 

PAGE 01/04 

The infonnation contained in this facsimi]e message is legally privileged and confidential 

information and is intended only tor the usc of the individual named on this cover sheet. 

If the reader o:f this message is not the intended recipient, you are hereby notified that any 

usc, dissemination, distribution, or copy of this facsimile is strictly prohibited. If you 

have received this :fa.csimile in error, please immediately notify us by telephone at 

425-227-2007. 

DATE: 

TO: 

FAX NO.: 

PHONE NO.: 

RE: 

May 13,2015 

Docket Clerk AGC-430 

202-267-1293 

Select Aviation- Docket 

FAA-2014-1119 

FAA Case No. 

2013NM130007 

MOTION FOR DECISION 

NO. 

PAGES: 

FROM: 

FAX 

PHONE 

4 including cover 

Robert Spitzer 

425-227-1007 

425-227-1417