u.s. DEPARTMENT OF TRANSPORTATion E c E 'v E 0 

OFFICE OF HEARINGS -n 

WASHINGTON, D.C. DEC 0 3 2014 

IN THE MATTER OF 

HEARING DOCKET 

TRANS NORTH AVIATION, LTD 

FAA DOCKET NO. (20 12-GL-03-0012) 

FDMS NO. (FAA-2013-0046) 

(Civil Penalty Action) 

TRANS NORTH AVIATION'S MOTION TO DISMISS 

Now Comes TRANS NORTH AVIATION, LTD. (Hereafter "Trans North"), by and 

through its counsel, BARNETT & BORTH, LLC, and, pursuant to 14 CFR § 13.215, moves to 

dismiss this matter with prejudice in support thereof states as follows: 

1) Based in part on the investigations of John Merrill an Aviation Safety Inspector 

and Principal Operations Inspector for the FAA and Sandra Boerman an Aviation Safety 

Inspector and Principal Operations Inspector with the FAA, on January 15, 2013 the FAA issued 

a Final Notice of Proposed Civil Penalty to Trans North alleging that Trans North violated 14 

CFR § 135.267 (d). 

2) On The Federal Aviation Administration (hereinafter "FAA") filed its Complaint 

against Trans North on Aprill6, 2013 alleging that Trans North violated 14 CFR§ 135.267 (d) 

and seeking a civil penalty against Trans North in the amount of$7,500. 

3) On March 26, 2013, Trans North filed an Answer denying Complaint's 

allegations. 

4) On July 23, 2013, a hearing before Administrative Law Judge, Richard C. 
Goodwin at the Federal Building and U.S. Courthouse in Milwaukee, Wisconsin. 

5) On September 25, 2014, Administrative Law Judge, Richard C. Goodwin issued 

his Initial Decision finding against Trans North. 

6) On November 10, 2014 Trans North filed its Appeal Brief citing the numerous 

irregularities in the evidence, proof and theory presented by the FAA at the hearing and citing 

the obvious reasons that the Administrative Law Judge erred in arriving at his decision. 

7) On December 1, 2014, Jessica E. Kabaz-Gomez, Attorney for the Enforcement 

Division of the FAA filed the FAA's Withdrawal of Complaint (See Exhibit A) and Withdrawal 

of Order Assessing Civil Penalty And Final Notice of Proposed Civil Penalty (See Exhibit B). 

Both ofthese withdrawals were with prejudice. (See Exhibits A and B). 

8) 14 CFR §13.215, Withdrawal of complaint or request for hearing, provides: 

At any time before or during a hearing, an agency attorney may 

withdraw a complaint or a party may withdraw a request for a 

hearing without the consent of the administrative law judge. If an 

agency attorney withdraws the complaint or a party withdraws the 

request for a hearing and the answer, the administrative law judge 

shall dismiss the proceedings under this subpart with prejudice. 14 

CFR §13.215. 

9) Pursuant to 14 CFR § 13.215 and in light of the fact that the Administrator has 

now withdrawn the FAA's Complaint, dismissal of this action with prejudice is warranted. 

WHEREFORE, Trans North Aviation, LTD respectfully requests an order dismissing 

this action in its entirety with prejudice and for such other relief as is deemed just and 

appropriate under the circumstances. 

Dated: December 2, 2014 Respectfully 

~ 

submitted, 

2 
Paul R. Borth 

Barnett & Borth, LLC 

800 Waukegan Road, Suite 200 

Glenview, IL 60025 

(84 7) 809-9520 

(815) 356-7042 (FAX) 

3 
CERTIFICATE OF SERVICE 

The undersigned certifies that the foregoing Motion to Dismiss of Respondent, Trans 

North Aviation, Ltd. was served via fax and Federal Express as follows: 

ORIGINAL 

Hearing Docket 

Federal Aviation Administration 

600 Independence Avenue, SW 

Wilbur Wright Building- Suite 2W1 000 

Washington, DC 20591 

Attention: Hearing Docket Clerk, AGC-430 

FAX: 202-493-5142 and (202) 493-5020 

ONE COPY 

Jessica E. Kabaz-Gomez 

Enforcement Division AGC-300 

Office of the Chief Counsel 

Federal Aviation Administration 

800 Independence Avenue, SW 

Washington, DC 20591 

FAX (202) 267-5106 

Jeanette Daubaras, Complainant's Counsel 

Great Lakes Region, AGL-7M 

Federal Aviation Administration 

2300 East Devon Avenue 

Des Plaines, IL 60018-4696 

Via Fax only: (847) 294-7498 

Dated this 2nd day of December, 2014 

(-/~- -PaUfR:BOrth 

Attorney for Respondent 

4 
12/01/2014 10:51 FAX 202 2675106 

U.S. Depcrtmant 

of Tronsportc!lon 

Fedt~ral Aviation 

Admlnlstrollon 

December 1, 2014 

Hearing Docket 

Oftlce of the cnief Counsel 

Federal Aviation Administration 

600 Independence Avenue, SW 

Wilbur Wright Building- Suite 2W1000 

Washington, DC 20591 

Attention: Hearing Docket Clerk, AGC-430 

Fax: (202) 493-5142 and (202) 493-5020 

Paul R. Borth 

Barnett & Borth, LLC 

800 Waukegan Road, Suite 200 

Glenview, IL 60025 

Fax: (815) 356-7042 

800 Independence AVe .. SW. 

WMhington, DC 20591 

RE: In The Matter of Trans North Aviation, LTD, FAA Docket No. 2012-GL-03-0012 

~THDRAWALOFCOMPUYNT 

Ill 001/003 

On April II, 2013, the Administrator of the Federal Aviation Administration filed the 

Complaint in the Matter of Trans North Aviation, LTD. An evidentiary hearing was conducted 

on July 23, 2013, before Administrative Law Judge Richard C. Goodwin (ALJ), and on 

September 25, 2014, the ALJ issued an initial decision. Respondent, Trans North Aviation, filed 

its Notice of Appeal on October 2, 2014 and a Motion for Oral Argument on 

November 12, 2014. Now comes the Complainant and hereby withdraws the Complaint with 

prejudice in this matter. 
12/01/2014 10:52 FAX 202 2875108 ltJ 002/003 

Respectfully submitted, 

Peter J. Lynch 

Assistant Chief Counsel for Enforcement 

BY:~~·~ Je ica E. Kabaz-l:romez, Attorney 

Enforcement Division, AGe-300 

Office of the Chief Counsel 

Telephone: (202) 267-7395 

Facsimile: (202) 267-5106 
12/01/2014 10:52 FAX 202 2875108 1£1 003/003 

CERTIFICATE OF SERVICE 

I hereby certifY that on this date I sent by hand-carried personal delivery (original), and by 

fax (copy), the foregoing letter withdrawing the Complaint in the matter of Trans North 

Aviation. LTD, FAA Docket No. 2012-GL-03-0012 to: 

Hearing Docket 

Federal Aviation Administration 

600 Independence Avenue, SW 

Wilbur Wright Building- Suite 2W1000 

Washington, DC 20591 

Attention: Hearing Docket Clerk, AGC-430 

Fax: (202) 493-5142 and (202) 493-5020 

In addition, I hereby certify that on this date I have sent by fax (copy), the foregoing 

document to: 

Paul R. Borth 

Barnett & Borth, LLC 

800 Waukegan Road, Suite 200 

Glenview, IL 60025 

Fax: (815) 356-7042 
12/01/201¢ TT:OT FAK 202 2875108 

U.S. Deportment 

ol Transportotlon 

Federal Aviation 

Administration 

December I, 2014 

Paul R. Borth 

Barnett & Borth, LLC 

Office of the Chief Counsel 

800 Waukegan Road, Suite 200 

Glenview, IL 60025 

Fax: (815) 356-7042 

800 Independence Ave .. SW. 

Washington, DC 20591 

RE: In The Matter ofTrans North Aviation. LTD, FAA Docket No. 2012-GL-03-0012 

WITHDRAWAL OF ORDER ASSESSING CIVIL PENALTY 

AND FINAL NOTICE OF PROPOSED CIVIL PENALTY 

li!IOO l/002 

On January 15, 2013, the Administrator of the Federal Aviation Administration issued the 

Final Notice of Proposed Civil Penalty in the matter of Trans North A1•iation, LTD. On 

March 15, 2013, an Order Assessing Civil Penalty was also issued. Now comes the Complainant 

and hereby withdraws the two above-referenced documents in this matter. 

Respectfully submitted, 

Peter J. Lynch 

Assistant Chief Co\l11sel for Enforcement 

.~ Jessica E. Kabaz-Gomez, Attorney 

EXHIBIT 

Enforcement Division, AGC-300 

Office of the Chief Co\l11Sel 

Telephone: (202) 267-7395 

Facsimile: (202) 267-5106 

'" ------------------- ---------------------U-----..,..,_Id_--ll------------

1 u -----
12/01/2014 11:01 FAX 202 2675108 li!J 002/002 

CERTIFICATE OF SERVICE 

I hereby certify that on this date I sent by fax (copy), the foregoing letter withdrawing the 

Final Notice of Proposed Civil Penalty and the Order Assessing Civil Penalty in the matter of 

Trans North Aviation. LTD, FAA Docket No. 2012-GL-03-0012 to: 

to: 

Paul R. Borth 

Barnett & Borth, LLC 

800 Waukegan Road, Suite 200 

Glenview, IL 60025 

Fax: (815) 356-7042