In the matter of 

# RECEIVED
BEFORE THE 

## APR 08 2015 

## u.s.

**DEPA~~~~~To~~~~di~~~RTATio~** EARlNG DOCKET WASHINGTON, D.C.
DocketNo. FAA-2013-0291 FAA Case No. 2011S0290032 AIRBORNE MAINTENANCE AND ENGINEERING SERVICES Respondent Administrative Law Judge J.E. Sullivan
RESPONDENT'S STIPULATION REGARDING THE AMOUNT OF THE FAA'S PROPOSED CIVIL PENALTY OR, IN LIEU THEREOF,

PARTIAL WITHDRAWAL OF REQUEST FOR A HEARING ON THE AMOUNT OF THE PROPOSED CIVIL PENALTY In the Order Granting in Part and Denying in Part the FAA's Motion for Summary Judgment, served April I, 2015, Your Honor held that there are genuine issues ofmaterial fact in dispute regarding the amount ofthe FAA's proposed civil penalty andreconfirmed the hearing scheduled for May 5-9, 2015 for the sole purpose ofaddressing the amount ofthe proposed civil penalty. April!, 2015 Order, ordering paragraphs 3 and 4. Respondent has filed notices ofappeal ofthe April!, 2015 Order and ofYour Honor's March 30, 2015 Order Denying Respondent's Cross-Motion for Summary Judgment. Respondent hereby stipulates that ifYour Honor's April!, 2015 and March 30,2015 Orders are sustained after Respondent has exhausted its rights ofappeal, it will not dispute the amount of the civil penalty ($61,875) proposed in the FAA's Complaint1 orthe per aircraft equivalent thereof($20,625) based onthe FAA's position as stated in its Motion for Summary Judgment (Pages 23-24) that the penalty was calculated on a per aircraft basis. Alternatively, pursuant to

1 The April!, 2015 Order states that the FAA proposed a civil penalty of$64,875 in this matter. The FAA Complaint, however, actually proposed a civil penalty of$61,875. FAA Complaint, dated June 20,2013 at p. 3. 1§13.215, Respondenthereby withdraws its request for a hearingpreviously submitted on June 13,2013 but only onthe issue ofthe amount ofthe proposed civil penalty. In light ofthe foregoing stipulation, or alternatively, the partial withdraw ofthe request for a hearing, a hearing for the purpose ofaddressing the amount ofthe civil penalty is no longer necessary.

Dated: April 7, 2015 Respectfully submitted, SILVERBERG GOLDMAN, L.L.P. Attorneys for AIRBORNE MAINTENANCE AND ENGINEERING



# SER~ l /)/'/ By 

# ~~!!~s Robert P. Silverberg, Esq. 1101 30'h Street, N.W. Suite 300 Washington, D.C. 20007 Tel: (202) 944-3304 Fax: (202) 944-3306 Email: rsilverberg@sgbdc.com

2CERTIFICATE OF SERVICE I hereby certify that onthis 7111 day ofApril 2015, I caused a true copy ofthe foregoing Respondent's StipulationRegarding the Amount ofthe FAA's Proposed Civil Penalty or, inLieu Thereof, Partial Withdrawal ofRequest for a Hearing onthe Amount ofthe Proposed Civil Penalty to be served upon the following: Federal Aviation Administration 600 Independence Avenue, S.W. Wilbur Wright Building Suite 2W1000 Washington, D.C. 20591 (Attention: Hearing Docket Clerk, AGC-430) Tel: (202) 267-0377 (original and one copyby FedEx) The Hon. J.E. Sullivan Administrative Law Judge Office ofHearings, M-20 U.S. Department ofTransportation 1200NewJersey Avenue, S.E. (E1l-310) Washington, D.C. 20590 Fax: (202) 366-7536 (one copy by First Class Mail and facsimile) Christopher R. Stevenson, Attorney Federal Aviation Administration Office ofthe Regional Counsel, ASO-7 Southern Region P.O. Box 20636 Atlanta, Georgia 30320 Fax: (404) 305-5223 (one copyby First Class Mail and e-mail)