08/21/2015 05:42 4252271007 ANM7 PAGE 02/04 

UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS WASIDNGTON, D.C. 

In the Matter of: 

Aircal, Inc. 

FAA Case No. 2014WP910129 

FDMS No. FAA-2015-1324 

Judge Not Assigned 

COMPLAINANT'S MOTION TO DEEM AL:LEGATIONS ADMITTED AND TO 

DISMISS APPEAL 

NATURE OF MOTION 

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

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

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

of Practice in FAA Civil Penalty Actions. 

BASIS FOR REQUESTED RELIEF 

In support of this Motion, the FAA states as follows: 

1. On June 3. 2015, the FAA filed its Final Notice of Proposed Civil Penalty in 

this case. 

2. On June 17, 2015, Respondent filed a written request for a hearing. 

3. On June 22,2015, the FAA filed its Complaint, specifically advising 

Respondent that, under Section 13.209(a) of the Rules of Practice, an Answer to the 

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

this case, no later than July 22, 2015) and that failure to file without good cause shall be 

deemed an admission of each allegation. 
B8/21/2Bl5 B5:42 4252271 BB7 

DAVID F. SHAYNE 

fAA OFFICE OF REGIONAL COUNS.EL 

1601 LIND AVE., SW 

RENTON, WASH:lNGTON 98057 

TELE:PHONE: (425) 227-2165 

FACSIMILE: (425)227-1007 

ANM7 

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

Under Section 13.209(f) of the Rules of Practice, 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. 

PAGE B3/B4 

WHEREFORE, 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 du.e to 

Respondent'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. 

Respectfully submitted this 21" day of August 2015. 

YNE 

CompLatoa..nfs Motion to DeemA.Jlegation A.dmittcd 

a:tld to Dismiss Appeal 

FAA. v. Aircal1 lnc. 

FAA Case No, 20!4WP9!0!29 

FPMS No. fAA-2015-1324 

Page 2 of3 

DAVID F. SHAYNI!, FAA ATTORNEY 

TEL: (425) 227-2165; FAX: (425) 227-1007 
08/21/2015 05:42 4252271007 ANM7 

DAVID f_ S!V\YNE 

F M OFFICE OF REGIONAL COUNSEL 

1601 LIND AVE., SW 

RENtON, WASHINGtON 98057 

TELEPHONE: (425) 227-2165 

FACSIMILE: (425) 227-1007 

CERTIFICATE OF SERVICE 

I hereby certifY th.at the foregoing Complainant's Motion to Deem Allegations Admitted 

and to Dismiss Appeal has been. served via facsimile and certified mail- Return Receipt 

Requested this date, to the following: 

Federal Aviation Administration 

800 Independence A venue SW 

Washington, D.C. 20591 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building- Suite 2Wl 000 

Fax: (202) 267-1293 

Leonardo Concepcion 

President 

Aircal, Inc. 

6411 West Imperial Highway 

Los Angeles, CA 90045 

FAX: (503) 678-3374 

1" day of August 20 15. 

T rri Kirk 

ffice of Regional Counsel (ANM-7) 

Federal Aviation Administration 

1601 Lind Ave. SW 

Renton, WA 98057 

(425) 227-2007 

PAGE 04/04 

Complainant's Motion to De~:m Allegation Admitted 

and to Dismiss Appeal 

DAVID F. SHAYNE, F AAATTO:R.'NJF 

TEL: ( 425) 227-2165; FAX; ( 425) 227-1007 

F .AA v. Aircal, Inc. 

FAA Case No_' 20!4WP910129 

FDMSNo. FAA-2015-1324 

Page 3 of3 
08/21(2015 05:42 4252271007 ANM7 

Ji'ACSI!\fiLE MESSAGE 

DAVID Ji'. SHAYNE 

FEDERAL AVIATION ADMINISTRATION 

OFFICE OF REGJONAL COUNSEL 

A.t""'IM-7 

1601 LIND AVENUE S.W. 

RENTON, WASHINGTON 98057 

PAGE 01/04 

Tile infonnation contained in this facsimile message is legally privileged and confidential 

infonnation and is intended only for the use of the individual named on this cover sheet. 

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

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

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

425-227-2007. 

DATE: August 21, 2015 NO. PAGES: 4 including cover 

TO: FAA FROM: David F. Shayne Hearing Docket Clerk 

FAX NO.: (202) 267~1293 FAX NO.: 425-227-2165 

PHONE NO.: PHONE NO.: 425-227-2160 

RE: AIRCAL Email: 

2014WP910129 

MOTION TO DISMISS