OG/25/2010 14:58 FAX 2024935142 FAA •» DMS @1001/00 3 

V"*, 

^ ' H 7 2010 

BEFORBTHE u s DEPARTMENT OF TRANSPORTATION ' '^OCKP T 

ITte Honorable Chief Administrative Law Judge Ronnie A. Yoder 

In the mailer of 

BRENDAN AIRWAYS, LLC, 

d/b/a USA3000 Airlines 

DMS No.: FAA-2009-0032 

FAA Docket No.: CP09EA0007 

FAA Case No.: 2008EA170038 

ANSWER 

Respond^nj ^^^j^^^ ^ /g^-^3.> -

Comes now the Respondent, Brendan Airways, l.F,C d/b/a USA3000 Airlines 

[hereinafter "IJSA3000"] and ANSWERS the complaint in ihc above-captioned matter. 

1. Paragraph 11( 1) is admitted. 

2. Paragraph 11(2) is admitted. 

3. Paragraph 11(3) is admitted in part, but denied to the exleni thai ihc use of the 

word "operated" implies anything other than an operational check of maintenance 

performed. 

4. Paragraph FF(4) is admitted in part, to the extent that maintenance was performed, 

but denied in part, in that placement of spoiler servo actuators in the maintenance 

mode was not part of the maintenance performed on the aircraft, 

5. Paragraph 11(5) is denied to the extent that it implies a link between the 

maintenance and the spoiler servo actuators being placed in the maintenance 

mode. 

6. Paragraph 11(6) is admitted. 

7. Paragraph 11(7) is denied. 

8. Paragraph 11(8) is denied. 

9. Paragraph 11(9) is admitted. 

10. Paragraph 11(10) is admitted. 

11. Paragraph 11(11) is denied. 

o 

RESPONDENT'S ANSWP.R 

Page! 

Washington Aviation Group, PC and Ihe 

Law Offices of Jason A. Dick.stcin 

2233 Wi.TConijin Avenue, NW. Suite 503 

Washington, DC 20007 -Tel: 202-628-6776 
06/25/2010 14:58 FAX 2024935142 FAA * DMS §1002/003 

12. Paragraph 11(12) is admitted in part, to the extent that such a warning was visible 

on the ECAM, bui denied in part, in that the warning was cleared and reasonably 

deemed by the flight crew to be spurious. 

13. Paragraph 11(13) is denied. 

14. Paragraph 11(14) is denied. 

15. Paragraph 11(15) is admitted. 

16. Paragraph 11(16) is admitted. 

17- Paragraph 11(17) is admitted. 

18. Paragraph !!(18) is admitted in part, in that the landing was aborted, but denied to 

the extent (hat the paragraph claims a causal relationship. 

19. Paragraph 11(19) is denied. 

20. Paragraph 11(20) is denied. 

21. The Legal Conclusions of Paragraph 111 arc denied. 

22. The Legal Conclusions Concerning Penalty found in Paragraph IV are denied. 

RESPECTFULLY SUBMITTED this 16th day of June, 2010. 

WASHINGTON AVL\TTON GROUP, PC AND THE 

LAW OFFICES OF JASON A DlCKSTblN 

Jason Dickstcin 

Washington Aviation Group, PC and the 

Law Offices of Jason A. Dickstein 

2233 Wisconsin Avenue, KW, Suite 503 

Washington, DC 20007 

Tel: (202) 628-6776 

Attorney for Respondent Brendan Airways, LLC d/b/a USA3000 Airlines 

RP.SI'ONDENT's ANSWER WashingLon Aviation Group, PC and llie 

Pajje 2 Law Offices of Jason A. Dickstein 

2233 Wisconsin Avenue, NW, Suite 503 

V/«shington, DC 20007 - lei: 202-62?.-677<5 
06/25/201 0 14:58 FAX 2024935142 FAA + DMS 12003/003 

BEFORE THE US DEPARTMENT OF 1 RANSPORTATIO N 

The Honorable Chi^if Administraiive Law Judge Ronnie A. Yoder 

In ihc matter of 

BRENDAN AIRWAYS. LLC, 

d/b/a USA3000 Airlines 

Respondent 

DMS NO.: FAA-2009-0032 

FAA Docket No.: CP09EA0007 

FAA Case No.: 2008EA170038 

CERTIFICATE OF SERVICE 

I'he undersigned hereby certifies that she caused the attached 

• ANSWER 

to be filed at the addresses listed below by overnight FedEx service, on the date indicated 

below. 

Federal Aviation Administration 

600 Independence Avenue, SW 

Wilbur Wright Building - Suite 2WJ000 

Washington, DC 20591 

Attn: Hearing Docket Clerk, AGC-430 

And to be served on the persons at the addresses listed below by the same method as the 

filing method, on the date indicated below. 

David M. Cohen, Attorney 

Federal Aviation Administration 

Office of the Regional Counsel, EAL-7 

1 Aviation Plaza 

Jamaica, NY 11434 

Tel: (718) 553-3270 

Fax:(718)995-5699 

The Honorable Ronnie A. Yoder 

Chief Administrative Law Judge 

Office of Hearings, M-20 

Room E12-320 

US Department of Transportation 

1200 New Jersey Avenue, SB 

Washington, DC 20590 

Tel: (202) 366-2142 

Fax;(202)366-7536 

June 15.2010 

Kati Stanley Date 

CERTIFICA'lllor SERvicr: 

Pages 

Washington Aviation Group, PC and the 

I .aw Offices of Ja,son A. DiclcSiein 

2233 Wisconsin Avenue, NW, Suite 503 

Washington, HC 20007 -'I'el: 202-628-6776