05/13/2015 05:22 4252271007

ROBERT SPITZER FAAOFFICE OF REGIONAL COUNSEL 1601 LIND AVE., SW RENTON, WASB!NGTON 98057 TELEPHONE: ( 425) 227·14I 7 FACS!MlLE: (425)227·1007 ANM7



### UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION OFFICE OFHEARINGS

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 ofFederal Regulations (C.P.R.)§ 13.218(!)(5) PAGE 02/04

(Rule 13.218(!)(5)), theAdministrator (Complainant) brings this Motionfor Decision. There are no genuine issues ofmaterial :fact, as Respondent has failed to answer the Complaint. The Complainant is entitledto 

### a decision as a matter of!aw. Facts On January 13,2015,Respondent requested a hearing in response to the Complainant's Final Notice ofProposed 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 receivedby Respondent's counsel on January 26, 2015, and by the Respondent on January 30, 2015. Argument "The administrative lawjudge shall grant 

### aparty's motion for decision if

### the pleadings, depositions, answers to interrogatories, admissions, matters that the administrative lawjudge has officially noticed
... showthat there is no genuine issue ofmaterial fact and that the party making the motion 

### is entitled to a decision as a matter oflaw. The party making 

### the motion

,.. has the burden ofshowing that there 

### is no genuine issue ofmaterial fact disputed bythe parties." 14 C.F.K 

### § 13.218(£)(5). A respondent must file an answer within "30 days after service ofthe complaint." 14 C.F.R. 

### § l3.209(a). For service bymail, the date ofservice is the date ofmailing as shown on the05/13/2015 05:22 4252271007 ANM7 PAGE 03/04



### certificate ofservice; 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 ofthe truth ofeach allegation contained in the complaint." 14 C.F.R. 

### § 13.209(t); In the Matter of Larry's FlyingService, Inc., 

### FAA Order No. 98-4, 1998 WL 158381 (March 10, 1998). Lawjudges do nothave authority to extend the deadline 

### for filing 

### an answer absent a showing ofgood cause.**Larry~** FlyingService 

### (citing In the Matter of R.obtnson, 

### fAA OrderNo. 97-18 at 5, 1997WL 307266 (May 23, !997); In the Matter of Atlantic WorldAirways, 

### 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

# sFlying Service 

### at 4. The Complaint inthis 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 ofeach 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 amatter oflaw. Conclusion 

### For the reasons stated above, the FAArespectfullyrequests thatthis court grant this Motion for Decision. TI1ere are no genuine issues ofmaterial fact to be litigated.
Respectfui!y submitted this 13tl' day ofOctober, 2014.

# RobortSdFAAAttorney

M.otion for Decision FAA v_ Select Aviation**Services~** Inc. DOT OMS NO FAA-2014·11!9 Page 2 of3 ROBERT SmZER, fAAATTORNEY TEL: (425)227·1417: FAX: (425) 227-!00705/13/2015 05:22 4252271007 ANM7



### CERTIFICATE OF SERVICE I hereby certify thatthe foregoing Motion for Decision has been served viafacsimile 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 

### 2Wl000 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 ofMay 2015. 

# / 

# ....,/

../·· v"**'_/A;~**

.. e 1

### Kirk
.

# ~f:gimml**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, FAAATTORNEY TEL: (425) 227-.1.417; FA)(: (425)227-100705/13/2015 05:22 4252271007 ANM7

FACSIMILE MESSAGE FEDERAL AVIATJON 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 ofthe individual named on this cover sheet. Ifthe reader o:fthis message is not the intended recipient, you are hereby notified that any usc, dissemination, distribution, or copy ofthis facsimile is strictly prohibited. Ifyou have received this :fa.csimile in error, please immediately notify us by telephone at 425-227-2007.


### DATE: TO: FAXNO.: PHONE NO.: 

### RE: May 13,2015 

### Docket ClerkAGC-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