\- . 

OrPARTMENTOF 

;;^AriSPORWIOM 

'-;.:KFT OPERATIONS 

SERVED: MARCH 6, 2012 O " ! m ikR ~~\ p I- 2 i 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, DC 

IN THE MATTER OF 

FLYING HIGH, LLC 

FAA DOCKET No. ITO BE ASSIGNED] 

(Civil Penalty Case) 

FDMS No. FAA-20I M292 

ORDER TO SHOW CAUSE 

The Federal Aviation Administration ("Complainant") has filed a Motion to 

Deem Allegations Admitted and Motion for Decision ("Motion") dated February 16, 

2012.' The basis for the Motion is Complainant's assertion that Flying High. LLC 

("Respondent") has failed to file an answer to the Complaint. A failure to answer the 

Complaint in a timely fashion can, under the Rules of Practice applicable in these 

proceedings, result in a finding that the Complaint's allegations are true - that the 

allegations are "deemed admitted" -- and, further, that the Complainant must prevail in 

' The full title of the motion is "Complainant's Motion to Deem Allegations Admitted and Motion for 

Decision or. in the Alternative, Motion to Limit the Issue.s at Hearing to Sanction." 
. y 

the case.- Respondent has not answered the Motion. 

Rcspotidcni will have one niore o])portunily to file an answer to the Complaint, or 

risk sanctions. 

WHEREFORE, il is ORDERED as follows; 

L On or before March 21, 2012, Respondent shall file a response to tliis 

Otdcr Slating why the relief icqueslcd in Complainant's Motion should not be granted; 

2. On or before March 21, 2012, Respondent shall file an Answer to the 

Complaint; 

3. On Of before March 21, 2012, Respondent shall fully comply with our 

Procedural Order dated January 9, 2012; and 

4. Absent full and complete responses to Ordering paragraphs 1, 2 and 3, 

Respondent may he satictioned, including, but not limited to, allegations in the Complaint 

may be deemed adtniltcd; Respondent rnay be precluded ffoni introducing any evidence 

aV the hearing other than personal testimony; Respondent's Request for Hearing may be 

dismis.sed: and/or a Default Judgment may be entered against Respondent in the full 

amount of the fine requested by the Complainant in its Cotiiplaini. 

C_ . Lr&t-%x-c^tl-. I 

Richard C. Goodwin 

U.S. Adininistrativc Law Judge 

Attachinent - Service List 

^ 

" The Rules of Practice for this proceeding are set forth in 14 C.F.R. Part 13, Subpart G, of the Federal 

Aviation Regulations. They provide that Respondent must file a written Answer or motion within thirty 

(30) days after service of the Complaint (14 C.F.R. § 13.209(a)) and that failure to file an An.swer without 

good cause is deemed an admission of each allegation in the Complaint (§I3.209{0). 

More specifically, 14 C.F.R. § 13.209 (e) states:-

A person filing an answer shall admit, deny, or state that the person i.s without sufficient 

knowledge or information to admit or deny, each numbered paragraph of the complaint. Any statement or 

allegation contained in the complaint that is not specifically denied in the answer may be deemed an 

admissiat\ of t.he tTuih of th.at allegatioa. A i;,enetal denial of t,Ue complaint, is deen^ed a failure lo file an 

answer. 
FDMS No. FAA-2011-1292 

(Civil Penalty Action) 

SERVICE LIST 

ORIGINAL & ONE COPY 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Washington, DC 20591 

Attention: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building—Suite 2W1000' 

ONE COPY 

Sean Benjamin Cooke, Manager 

Flying High, LLC, ReapuncictU 

3309 E. Milky Way 

Gilbert, AZ 85295 

TEL: 480-252-0021 

FAX: 877-849-0021 

Adam Runkel, Complainant's Counsel 

Attorney, OfTtce of the Regional Counsel 

Western-Pacific Region, AWP-7.12 

Federal Aviation Administration 

P.O. Box 92007 • 

Los Angeles, CA 90009-2007 

TEL: 310-725-7142 

FAX: 310-725-6816 

The Honorable Richard C. Goodwin, Administrative Law Jiuige 

Office of Hearings, M-20 - . 

U.S. Department of Transportation 

1200 New Jersey Avenue, S.E.' 

Washington, DC 20590 

TEL: 202-366-2139 Attorney-Advisor 

202-366-5121 Staff Assistant/ Paralegal 

FAX: 202-366-7536 

' Service wi\s by U.S. Mail. For service in person or by e\pedued courier, use Uie following address: Federal 

Aviation Administration, 600 Independence Avenne, S.W., Wilbur Wright Building—Suite 2WI000, Washington. 

DC 20591; Attention: Hearing Docket Clerk, AGC-430. 

- 2 -