BB/04/2015 0g:07 4252271007 

DAVID F. SHAYNE 

FAA OFFICE OF REGIONAL COUNSEL 

1601 LIND AVE., SW 

RENTON, W ASH!NGTON 98057 

TELl' PHONE: ( 425) 227-2165 

FACSIMILE: (425) 227-1007 

ANM7 

UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

In the Matter of: 

William A. Curtright 

Docket No. FAA-2015-1319 

FAA Case No. 2014NM090046 

Judge Richard C. Goodwin 

COMPLAINANT'S MOTION TO DEEM ALLEGATIONS ADMITTED AND TO 

DISMISS APPEAL 

NATURE OF MOTION 

PAGE 02/04 

The undersigned counsel for the Federal Aviation Administration (FAA), pursuant to the 

provisions of 14 C.F.R. Sections 13.209(±) 13.218(f)(2) hereby brings 1) a Motion to Deem 

Allegations Admitted and 2) Motion to Dismiss Appeal in this case, pursuant to of the Rules of 

Practice in FAA Civil Penalty Actions. 

BASIS FOR REQUESTED RELIEF 

In support ofthis Motion, FAA states as follows: 

l. On May 6, 2015, the FAA filed its Final Notice of Proposed Civil Penalty in this 

case. 

2, On May 11, 2015, the Respondent filed a written request for a hearing. / 

COMPLAINANT"S MOTION TO DEEM 

ALLEGATIONS ADMITTED AND TO 

DISMISS APPEAL 

fAA v, William A. Curtright 

Docket No. FAA-2015-1319 

fAA Case No, 2014NM090046 

Page I of3 

DAVID F. SHAYN!l. FAAATTORN.<Y 

TEL; (4·25) 227-2165; FAX: (425) 227-1007 
08/04/2015 09:07 4252271007 ANM7 PAGE 03/04 

3. On May 19, 2015, the FAA filed its Complaint, specifically advising Respondent 

that, under Section 13209(a) of the Rules of Practice, an Answer to the 

Complaint was due to be filed no later than thirty (30) days after service of the 

Complaint (in this case, no later than June 19, 20 15) and that failure to file 

without good cause shall be deemed an admission of each allegation. 

4. Respondent, as of this date, has still not filed an Answer to the Complaint 

Under Section 13.209(f) of the Rules ofPractice, failure to file an Answer within the time 

prescribed by the Rules shall be deemed an admission of the truth of each allegation contained in 

the Complaint. 

WHEREFORE, the FAA respectfully requests that the Administrative Law Judge issue 

an Order, finding all of the allegations in the Complaint in this case to be admitted, and an Order 

dismissing Respondent's appeal for failure to file an Answer. 

CONCLUSION 

For the reasons stated above, the appeal in this matter should be dismissed due to 

Respot)dent' s failure to file an Answer to the Complaint, and that Respondent be ordered to comply 

with Complainant's Final Notice of Proposed Civil Penalty as the final Order in this case. 

COMPLAINANT'S MOT!ON TO DEEM 

ALLEGATIONS !I.DMITIED AND TO 

DISMISS APPEAL 

FAA. v. William. A C1.1rtrig-ht 

Docket No. FAA-2015-1319 

FAA Ca.'e No, 2014NM090046 

Page 2 of3 

DAVIDF, SHAYNE, FAA ATTORNEY 

TEL: {425) 227·2165; FAX: (425) 227-1007 
08/04/2015 09:07 4252271007 ANM7 PAGE 04/04 

CERTIFICATE OF SERVICE 

I hereby certifY that the foregoing Complainant's Motion to Deem Allegations Admitted and to 

Dismiss Appeal has been served via facsimile and/or certified mail- Return Receipt Requested 

this date, to the following: 

Federal Aviation Administration (Original and one copy) 

800 Independence Avenue SW 

Washington, D.C. 20591 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building- Suite 2Wl 000 

Fax: (202) 267-1293 

William A. Curtright 

P.O. Box 1350 

Jefferson, OR 97352 

Dated this 5111 day of August 2015 . .. -""-- ,.,,,.. 

COMPLAJNANT'S MOTJON TO DEEM 

ALLF..GA TIONS ADMITTED AND TO 

DISMISS APPEAL 

FAA v. William A Curtright 

Docket No. F AA-2015-1319 

FAA Case No. 20 14NM090046 

Pag!; 3 of3 

T n Kirk 

fice of Regional Counsel (ANM-7) 

Federal Aviation Administration 

1601 Lind Ave. SW 

Renton, W A 98057 

(425) 227-2007 

DAVffi F. SH.A.YNf:i, F.:\..A.AnoRNl::Y 

TEt: (425) 227-2165: FAX: (425) 227-1007 
08/04/2015 09:07 4252271007 ANM7 

fACSIMILE MESSAGE 

FEDERAL AVlA TION ADMINISTRATION 

OFFICE OF REGIONAL COUNSEL 

ANM-7 

l601 LIND A VENUE S.W. 

RENTON, WASHINGTON 98057 

PAGE 01/04 

The information contained in this facsimile message is legally privileged and confidential 

information and is intended only for the use ofthe individual named on this cover sheet. 

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

use, dissemination, distribution, or copy of this facsimile ls strictly prohibited. If you 

have received this facsimile in error, please immediately notifY us by telephone at 

425-227-2007. 

DATE: 

TO: 

FAX NO.: 

PHONE NO.: 

RE: 

August 5, 2015 

Docket Clerk AGC-430 

202-267-1293 

No. FAA-2015-1319 

FAA Case No. 

20l4NM090046 

NO. PAGES~ 

FROM: 

FAX NO.: 

PHONE NO.: 

4 including cover 

David F. Shayne 

425-227-1007 

425-227-2165