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RUSKJNK4DSCOUlAmSCHEKnc.0-^-^^f'CiFERAildNS 

Counselors at IMW 

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RECEIVED 

NOV - 7 20J1 

HEARING DOCKET 

Writer's Direct Dial. (516)663-65X9 

Writer s Direct Kax: (516)663-6789 

Writer's r,-Mail' abaletnunf^rtnlpccorn 

November 1, 2011 

VIA REGULAR MAIL 

Hearing Docket Clerk 

Hearing Docket, Federal Aviation Administration 

800 independence Avcnvie, S.W. 

Washington. D.C. 20591 

Attention: Hearing Docket Clerk AGC-430 

Wilbur Wright Building—Room 2014 

Re: Docket No.: 201050700376 - Judge Not Assigned |f"f ^ (5-^H ^ /' ' ^ 

To Whom It May Concern: ' 

This firm represents Ivy Enterprises, Inc. ("Ivy Enterprises"), the Respondent in the 

above-tnatter. We are in receipt of the Complaint filed by the Federal Aviation Administration 

(^'FAA^'), dated October 3,2011. Pursuant to Rule 218 of the Rules of Practice, this letter 

constitutes Respondent's Motion for a More Definite Statement of the allegations contained in 

the Complaint. See 14C.F.R. 13.218(0(3). Pursuant to Rule 218(0(3), Ivy Enterprises has "set 

forth, in detail, the indefinite or uncertain allegations contained in [the FAA's] complaint . . . 

[and has] submit[ted] the details that [Ivy Enterprises] believes would make the allegation . . . 

definite and certain." 

In its Complaint, the FAA has levied allegations that Respondent "knowingly" violated 

federal regulations concerning shipment of hazardous materials. However, the Complaint does 

not provide factual allegations in sufficient detail lo inform the Respondent under which standard 

Respondent acted "knowingly." Specifically, under 49 U.S.C. § 5123(a)(1), "[a] person acts 

knowingly when . . . (A) the person has actual knowledge of the facts giving rise to the violation; 

or (B) a reasonable person acting in the circumstances and exercising reasonable care would 

have that knowledge." Id. Here, with respect to each of the alleged violations, the FAA 

provides a conclusory allegation that Respondent "knowingly" offered to the United States 

Parcel Service a shipment containing hazardous materials for transportation by air. (Compl. T[ 1.) 

In short, actual knowledge and acquiring the necessary knowledge by "exercising reasonable 

care" are different standards and the failure to provide the relevant knowledge standard and 

' Specifically, the Complaiin provides that "'[oln or about July 22, 2010, Ivy Enterprises, inc. {\vy Enterprises') 

knowingly offered to Unites Slates Parcel Service ('UPS') a I'lberboard bo.N (•shipment") containing hazardous 

materials for transportation bv air." (Compl.1)1.) -----

East Tower, tSth Floor. 1425 RXR Plaza, Unlondale, NY 11556-1425 T 516.663.6600 T 212.688.8300 T F 516.663.6601 T www.rmfpc.co m 
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November 1, 2011 

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supporting facts within the Complaint makes it impossible for Respondent to frame and provide 

a responsive Answer, including pleading adequate defenses. 

Thus, in order to make the allegations definite and certain, the Complaint should set forth 

the knowledge standard, pursuant to 49 U.S.C. § 5123(a)(1), under which the Respondent acted 

"knowingly." In addition, the Complaint should then set forth the facts that Respondent had 

knowledge under that standard." Accordingly, Respondent respectfully requests that its Motion 

for a More Definite Statement be granted to clarify the relevant knowledge standard and the 

supporting facts. 

Ivy Enterprises, reserves the right lo answer or move dismiss the complaint, under Rule 

218(0- once the administrative law Judge renders a ruling with respect to its Motion for a More 

Definite Statement. 

Sincere 

ALEXANDER G. BATEMAN, JR. 

For the Firm 

AGB:rIm 

End. 

ec: Ivy Enterprises, Inc. 

Jeanine C. Gotimer, Office of the Regional Counsel for the Eastern Region 

As set jorth in Rule 208, ''la] complaint shall set forth the facts alleged, any regulation allegedly 

violated by the respondent. . ."' 
AFFIDAVIT OF SERVICE 

STATE OF NEW YORK ) 

) ss.: 

COUNTY OF NASSAU ) 

Connie Irish, being duly sworn, deposes and says: 

That deponent is not a party to the action, is over i 8 years of age and resides in 

Nassau County, New York. 

On October 31, 2011,1 served a true copy of the annexed Motion via regular mail in 

a sealed envelope, in a post-office or official depository of the U.S. Postal Ser\'ice within the State 

of New York, addressed lo the last known address of the parties who have appeared as indicated 

below: 

Jeanine C. Gotimer 

Office of the Regional Counsel 

1 Aviation Plaza 

Jamaica, New York 11434 

(^;.ayi^^o •>^-^c^' 0 

Connie Irish 

Sworn to before me this 

3 r*" day of October, 2011 

Notary Public C^ ^ 

#530385vl PAULAA.CORAZZA 

Notery Public. State ol New York 

NO.01CO5006888 

Qualified in Queens County 

Commission Expires: 1/11/2015