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# CEIVED

. !**~:f\!~SPQRTAr!Oi~** UNITED STATES OF AMERICA**>"~-<>\ET**

## OPEii;\Tl0i1 

## JS DEPARTMENT OF TRANSPORTATION
. OFFICE OF HEARINGS 

## APR23

## 2012. WASHINGTON' DC 

# HEARINGDOCKET
) IN THE MATTER OF ) ) LIGHTNING AIRCRAFT CORPORATION ) Docket ID: FAA-2011-1124 ) )



# _____________________________) MOTION TO DISMISS APPEAL FOR FAILURE TO PERFECT APPEAL The Federal AviationAdministration (FAA) hereby files this Motion to Dismiss Appeal in this case pursuant to 14 C.F.R. Section 13.233(d)(2) of the Rules of Practice in FAA Civil
' PenaltyActions. In support of this Motion, FAA states as follows: 1. On September 9, 2011, the FAA served a motion to dismiss Respondent LightningAircraft Corporation's request for hearing. The basis of the motion was Respondent's failure to file a timely request for a hearing: a timely request was due on orbeforeMay 24, 2011; Respondent filed a request onAugust 31, 2011. 2. On February 17, 2012, ChiefAdministrative Law Judge Yoder served an Order of ChiefAdministrative Law Judge Granting Motion to Dismiss Request for Hearing andAssessing a Civil Penalty.3. On February 27, 2012, Respondent, citing 14 C.F.R. § 13.233(a), filed its Notice ofAppeal of Chief Administrative Law Judge Hon. Ronnie A. Yoder's Order Granting FAA's Motion to Dismiss Respondent's Request For a Hearing. 4. Pursuant to 14 C.F.R. §§ 13.233(c)and 13.211(e) of the Rules of Practice, Respondent had 55 days from the time of service of the written initial decision in which to perfect its appeal by filing an appeal brief. Respondent shouldhave perfected its appeal by filing its briefbyno later thanApril 12, 2012. 5. As of today, Respondent has neither filed an appeal brief nor requested an extension of time to so file. 6. Under 14 C.F.R. § 13.233(d)(2) ofthe Rules of Practice, the FAA Decisionmakermay dismiss an appeal when a partyhas filed an.appeal but has failed to timely file an appeal brief. See In theMatter of Ingram Daigs James, FAA Order No. 2002-1 (served January 11, 2002).



### 2WHEREFORE, the FAA respectfully requests that the FAA Decisionmaker issue an Order, dismissing Respondent's appeal for failure to perfect its appeal.

Dated: April 18, 2012 Respectfully submitted,

Lisa J. Toscano, Attorney Office of the Regional**Couns~l,** Western Pacific Region Telephone: {310) 725-7110 Facsimile: (310)·725-6816

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## ,

DOCKET ID: FAA-2011-1124 CERTIFICATE OF SERVICE I hereby certify that on this date I have placed in the United Statesmail, postage prepaid, the executed original and one copy of the Complainant's MOTION TO DISMISS APPEAL FOR FAILURE TO PERFECT APPEAL, addressed as follows: Hearing Docket Clerk, AGC-430 WilburWrighJ Building, Suite 2W1000 Federal AviationAdministration 800 IndependenceAvenue, S.W.**W~shington,** DC 20591

I have placed in the United States mail, postage prepaid, certified**mail~return** receipt requested and regularmail, a true copy of the above, addressed as follows: Charles Mathews, Esq. Attorney for LightningAircraft Corporation 2596 Mission Street, Suite 204 San Marino, CA 91108

Dated: April 18, 2012

Legal Technician Office of the Regional Counsel Western Pacific Region Federal AviationAdministration

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