10~26~'16 13:42 FROM~AMES RESEARCH 5033642380 

Federal Aviation Administration (Fax and Certified First Class Mail) 

Attn: Hearing Docket Clerk, AGC-430 

800 Independence Avenue SW 

Wilbur Wright Building, Suite 2W1000 

Washington, DC 20591 

October 26,2016 

RE: In the Matter ofWil!iamA. Curtright, DBA Docket No. FAA-2015-1319 

Case No. 2014 NM090046 Yudge ) .E. StJllivan 

Dear Hearing Docket Clerk, AGC-430, 

T~419 P0001/0062 F~461 

Please find attached the following documents for filing by Respondent William A. Curtright,DBA: 

!. RESPONDENTS' MOTION AND MEMORANDUM FOR SUMMARY JUDGMENT with 

Certificate of Service; 

2. ORDER GRANTING RESPONDENTS MOTION FOR SUMMARY JUDGMENT with 

Certificate of Service; 

3. RESPONDENTS REQUEST FOR A RULING ON MOTION AND MEMORANDUM FOR 

SUMMARY JUDGMENT with Certificate of Service; and 

4. ORDER GRANTING RESPONDENT'S REQUEST FOR A RULING ON RESPONDENTS 

MOTION FOR SUMMARY JUDGMENT with Certificate of Service. 

Dr. Wm Ames Curtright, DBA 

Enclosures 

DWC/sb 
10-26-'16 13:42 FROM-AMES RESEARCH 5033642380 T-419 P0002/0062 F-461 

Docket No. FAA-2015-1319 

(Civil Penalty Action) 

SERVICE LIST- BY U.S. MAIL 

ORIGINAL & ONE COPY 

Federal Aviation Administration (Fax and Certified First Class Mail) 

Attn: Hearing Docket Clerk, AGC-430 

800 Independence A venue SW 

Washington, DC 20591 

Wilbur Wright Building, Suite 2Wl 000 

Fax: (202) 267-1293 

ONE COPY 

J•rdge J.E. Sullivan (Fax, Email, and Certified First Class Mail) 

U.S. Administrative Law Judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

1200 New Jersey Avenue, SE (Ell-310) 

Washington, DC 20590 

TEL: 202-366-6941 

FAX: 202-366-7536 

David F. Shayne, FAA Attorney (Fax, Email, and Certified First Class Mail) 

Complainant's Counsel 

Northwest Mountain Region, ANM-7· 

Federal Aviation Administration 

!601 Lind Ave. SW 

Renton, W A 98057 

TEL: 425-227-1847 
10-26-'16 13:43 FROM-AMES RESEARCH 5033642380 

William A. Cmtright 

Respondent 

PO Box 1350 

Jefferson, OR 97352 

Telephone: (503) 209-7388 

Fax: (503) 485-0812 

In The Matter Of: 

UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

T-419 P0003/0062 F-461 

Docket No. FAA-2015-1319 

WILLIAM A. CURTRIGHT, DBA 

CaseNc. 2014NM090046 

Respondent 

Judge J.E. Sullivan 

RESPONDENTS' MOTION and MEMORANDUM 

FOR SUMMARY JUDGMENT 

COMES NOW Respondent, William A. Curtright, DBA respectfully files and submits 

this Motion and Memorandum for Swmnary Judgment against Complaint of FAA Administrator 

Michael P, Huerta, Administmtor, Federal Aviation Administration (the "Administrator" or 

Complainant") and moves for summary judgment on all of the claims in the Complaint pmsuant 

to Federal Rule of Civil Procedure 56 (Fed. R. Civ. P. 56), Respondent William A, Curtright 

respectfully moves this Comt for entry of an Order granting summary judgment in his favor. 

RESPONDENT'S MOTION AND MEMORANDUM FOR SUMMARY JUDGMENT 

Docket No. FAA-2015-1319 

Case No. 2014NM0046 

Page 1 

William A. Curtright,DBA 

Respondent 

Telephone: (S03) 209-7388 

Fax (503)485·0812 
10-26-'16 13:44 FROM-AMES RESEARCH 5033642380 T-419 P0004/0062 F-461 

TABLE OF CONTENTS 

TABLE OF AUTHORITIES.................................................................................................. 3 

Respondents' Motion and Memorandum for Summary Judgment.......................................... I 

TABLE OF CONTENTS................................................................................ 2 

MEMORANDUM FOR SUMMARY JUDGMENT................................................ 4 

Claims and Defenses upon which Judgment is Sought .. .. .. .. . .. . .. . .. . .. . .. .. .. .. .. .. .. .. .. .. .. .. . 4 

Respondent is entitled to Summary Judgment on the Claim............ . .. . .. .. .. .. . .. .. . .. . .. .. .. . .. 4 

Burden of proof and elements... . . .. . . . . . . . . . . . . . . . . . . . . ....... ........... .......... .... .... ..... ................ ..... 4 

Elements that cannot be proven by the Complainant....... .. .. .. .. .. .. .. .. . .. .. .. .. .. .. . .. .. .. .. .. 6 

CONCLUSION.......................................................................................... 11 

RESPONDENT'S MOTION AND MEMORANDUM FOR SUMMARY JUDGMENT 

Docket No. FAA-2015·1319 

Case No. 2014NM0046 

Page 2 

William A. Curtrisht,DBA 

Respondent 

Telephone: (503) 209·7388 

Fax (503)485-0812 
10-26-'16 13:44 FROM-AMES RESEARCH 5033642380 T-419 P0005/0062 F-461 

TABLE Of AUTHORITIES 

Cases 

Celotex Corp. v. Catrett, 477 U.S. 317,323-24 (1986)........................... 5,6 

Statutes and Regulations 

Federal Rule of Ci vii Procedure 56, ........... , , ...... , .. .. .. .. .. .. .. .. .. .. .. . .. .. . .. . 1 

Federal Rule of Civil Procedure ll(a).................................................. 8 

14 Code of Federal Regulations C.F.R. Section 9l.417(c) .......................... 4,5,6,7,8,1 0,11 

14 Code of Federal Regulations C.P.R. Section DOT 61.56(c)..... ....... ... ......... 7,8 

Title 49 United States Code (Transportation) Section 46301 (a) and (d) ............. 6,8,9 

Title 49 United States Code (Transportation) Section 46301 (d) (2), (7) (a) 2014 ... 9 

FAA Rules of Practice 14 C.F.R.§13.207(b) .............................................. 7,8,9 

FAA's Rules of Practice, 14 C.F.R.§13.207(c) ........................................... 8 

-··------_______ ....... 

I 

Constitutional 

The Eight Amendment ofthe United States Constitution 

Part of the United States Bill of Rights ..................................... .. 

RESPONDENT'S MOTION AND MEMORANDUM FOR SUMMARY JUDGMENT 

Docket No. FM-2015-1319 

Case No. 2014NM0046 

Page 3 

6,7,12 

William A. Curtright,DBA 

Respondent 

Telephone: (503) 209-7388 

Fax (503)485-0812 
10-26-'16 13:44 FROM-AMES RESEARCH 5033642380 

William A. Curtright 

Respondent 

PO Box 1350 

Jefferson, OR 97352 

Telephone: (503) 209-7388 

Fax: (503) 485-0812 

In The Matter Of: 

UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

T-419 P0006/0062 F-461 

Docket No. FAA-2015-1319 

WILLIAM A. CURTRIGHT, DBA 

CaseNo. 2014NM090046 

Respondent 

Judge J.E. Sullivan 

MEMORANDUM 

FOR SUMMARY JUDGMENT 

CLAIMS AND DEFENSES UPON WHICH JUDGMENT IS SOUGHT 

A. Respondent is entitled to Summary Judgment on the Claim 

1. Burden of proof and elements 

A. The Federal Aviation Administration Complaint alleging violation of Section !4.C.F.R. 

91.417(c), requires the Complainant to establish, by a preponderance of the evidences, a 

prima facie case that: (I) respondent did not produce or make the Log Books available for 

. inspection by the Administrator or any authorized representative of .the_ National 

RESPONDENT'S MOTION AND MEMORANDUM FOR SUMMARY JUDGMENT 

Docket No. FAA-2015-1319 

Case No. 20l4NM0046 

Page4 

Willi om A. Curtright. DBA 

Respondent 

Telephone: (503) 209-7388 

Fax (50:1)485-0812 
10-26-'16 13:45 FROM-AMES RESEARCH 5033642380 T-419 P0007/0062 F-461 

Transportation Safety Board (NTSB). Respondent would state that the FAA has not 

identified grounds that will show a genuine issue of material fact 1 

B. Respondent moves for summary judgment on his claim that the Federal Aviation 

Administration complaint alleging violation of Section 14 C.F, R, 91.417(c): claiming that 

the owner or operator shall make all maintenance Log Books required to be kept by this 

section available for inspection by the Administrator or any authorized representative of the 

National Transportation Safety Board (NTSB). (Herein attached as Exhibit 1 Section 14 

C.F.R. 91.417(c). 

C. Respondent would show the court that the records themselves were produced to the National 

Tntnsportation Safety Board (NTSB) and that the records themselves do not need to, and 

arguably should not be, stored on the aircraft, but must be produced for inspection in a 

reasonable amount of time when requested by the FAA, NTSB or law enforcement. In 

addition, Respondent would show this court that on or about August 13, 2015 Federal Aviation 

Administration, Curt Cowley and Terry Juan inspected the aircraft maintenance records of Super cub 

N949JP owned by Respondent. They were allowed unrestricted access to the aircraft logbooks 

without distraction, and found the records were well organized and complete, back to the bi1th of the 

aircraft. The records did not appear to be altered or edited in any way. No discrepancies were noted, 

and the aircraft appeared to be airworthy at the time of the incident. (Herein attached as Exhibit 2 

An Email from David F. Shayne to AmesResearch, dated October 14,2015 with confirmation that 

· -the-records·were produced and examined to satisfaction by Billy J. McKibbon;-P01tlaird-FliglW 

Standards FAA with attached Speed Memo EIR NO. 2014NM090046, Lost Logs.) 

1 CE>iotex Corp. v. CatrR!t, 477 U.S. 317, 323-24 (1986) 

RESPONDENT'S MOTION AND MEMORANDUM FOR SUMMARY JUDGMENT 

Dockot No. FAA-2015·1319 

Caso No. 2014NM0046 

Page 5 

William A Curtright,DBA 

Respondent 

Telephone·(503) 209-7388 

Fax (503)485-0812 
10-26-'16 13:45 FROM-1\MES RESEARCH 5033642380 T-419 P0008/0062 F-461 

D. F1.uihennore, Respondent moves for summary judgment on his claim that the Federal 

Aviation Administration lacks evidence that Respondent did not provide the documentation 

that was requested of him under Section 14 C.F.R. 9L417(c). Respondent contends that 

there is no genuine disputed issue as to any matedal fact or evidence and that he is entitled 

to judgment as a matter of law in his claim. (Herein attached as Exhibit 3 is the transcript 

wherein the Honorable Judge J.E. Sullivan that Respondent was in compliance of 

production of the Log Books under Section 14 C.P.R. 9L417(c) page 38 of teleconference 

on August 9, 2016 between complainant, respondent and the Honorable Judge J.E. Sullivan) 

2. Elements that cannot be proven by the Complainant 

The Federal Aviation Administration Complaint cannot demonstrate a triable issue of fact as to 

Sections 4630l(a) and (d) of Title 49 ofthe United States Code (U.S.C.) (Transportation) (49 

U.S.C. Sections 46301 (a) and (d)), alleging that Respondent is liable for a civil penalty of 

$ll,OOO.OO as being appropriate for the alleged violation of Section 14. C.F,R, 91.417(c).2 

A. Respondent moves for summary judgment on his claim that the Federal Aviation 

Administration complaint alleging that respondent is in violation of Section 14 C.F.R. 

91Al7(c) and charging under Sections 46301 (a) and (d) of Title 49 of the United States 

code (U.S.C. (Transportation) (49 U.S.C. Sections 4630l(a) and (d) a civil penalty in the 

amount of $11,000.00 violates his rights under the Eight Amendment. In addition, 

Respondent vindicating his Eight Amendment rights of the United States Constitution 

which is the part of the United States Bill of Rights prohibiting the federal government 

from imposing excessive bail, excessive fines, or cruel and cU1\lsual ptmishntent. (Herein 

2

Celotex Corp. v. Catrett 477 U.S. 317 323-24 (1986) 

RESPONDENT'S MOTION AND MEMORANDUM FOR SUMMARY JUDGMENT 

Docket No, FAA-2015-1319 

William A. Curtright,DBA 

Respondent 

Telephone: (503)209-7388 

Fax (50~)465·0812 

case No. Z014NM0046 

Page 6 
10-26-' 16 13:46 FROM-M1ES RESE~,RCH 5033642380 T-419 P0009/0062 F-461 

attached as Exhibit 4 is the Eight Amendment of the United States Constitution part of the 

United States Bill of Rights) 

B. Respondent moves for summary judgment on his claim that the Federal Aviation 

Administration failed to disclose the entire letter of investigation, dated September 4, 2014 

to William Ames Curtright in its entirety. The FAA letter of Investigation has no 

signature page, or page 2. The document is page 1 and 3. The document is not an official 

letter, and is not authentic without a signature, or served and is not an entire document 

either served or produced by the FAA without the signature3

• (Herein attached as Exhibit 

5 is a copy of the letter dated September 4, 2014 which was produced on September 29, 

2016 at approximately 3:30p.m. to Respondent as documentC6.) 

C. Respondent would argue that because the FAA letter of investigation was unsigned and 

incomplete and was not produced or served in its entirety and therefor is not an authentic 

document. The FAA camlOt rely on it for filing their initial Complaint and the entire 

Complaint filed by the FAA should be dismissed and Summary Judgment relief be granted 

to Respondent. 

D. In addition, Respondent would argue that the FAA Letter, dated September 4, 2014 is 

for,, .. "documentation of your compliance with the flight review requirement of 14 C.F.R. 

DOT 61.56(c);'' However, in the FAA's complaint that was filed with the Department of. 

Transportation Office of Hearings in Washington, O.C. on or about May 19'h 2015 the 

FAA alleges that Respondent was in violation of 14 CFRSection91.417 (c) and does not 

3 FAA's Rules of Practice, 14 C.F.R.§13.207(b) 

RcSPONDI'NT"S MOTION AND MEMORANDUM FOR SUMMARY JUDGMENT 

Docket No. FAA-2015-1319 

Case No. 2014NM0046 

Page 7 

William A. Curtright,DBA 

Respondent 

Telephone: (503) 209-7388 

Fax (503)485-0812 
10-26-'16 13:47 FROM-AMES RESEARCH 5033642380 T-419 P0010/0062 F-461 

include any allegations that Respondent was in violation of Section 14 C.P.R. DOT 61.56 

(c), which has nothing to do with 14 CFR 91.417(c). Section 14 C.F.R. DOT 61.56(c) 

states the following; ... 

"Except as provided in paragraphs (d), (e) and (g) of this section, no person may act as pilot 

in command of an aircraft unless, since the beginning of the 24'/t calendar month before the 

month in which that pilot acts as pilot in command, that persmz has .•... " (Herein attached as 

Exhibit 6 14 C.F.R. DOT 6!.56(c)) 

E. On or about January 14, 2015 the FAA through its attorney David J. Shayne sent a letter to 

William A. Curtright stating in item #2. "On or about July 1, 2014 an Aviation Safety 

Inspector (ASI) from the Portland Flight Standards District Office wrote you a letter 

demanding that you provide aircraft weight and balance, and aircraft and engine 

maintenance logbooks for N949JP." (Attached here to as Exhibit 7 is FAA Letter dated 

January 14,2015 and July 1, 2014 ASI Letter.) 

F. On or abom May 19,2015 the FAA through its attorney David J. Shayne filed a 

complaint; however, attomey David J. Shayne never signed the complaint, and did not list 

his attomey bar number to the complaint. 4 Respondent would request the court to impose 

sanctions against attorney David J. Shayne in the amount of $11,000.00 for failure to sign 

...... and .include his. state .bar number on the complaint. 5 Respondent would show the conrt 

according to Federal Rule of Civil Procedure 11(a) (Fed.R.Civ. P. ll(a) provides 

4 FAA's Rules of Practice, 14 C.F.R.§13.207(b) 5 FAA's Rules of Practice, 14 C.F.R.§13.207(c) 

RESPONDENT'S MOYION AND MEMORANDUM FOR SUMMARY JUDGMENT 

Docket No. FAi\-2015-!319 

Case No. 2014N M0046 

Page 8 

William A. Curtright,D6A 

Respondent 

Telephone: (503) 209-7388 

Fax (503)485·0812 
10-26-'16 13:47 FROM-AMES RESEARCH 5033642380 T-419 P0011/0062 F-461 

instructional guidance and Rule 11 (a) states, in part: "The cotu't must strike an unsigned 

paper",,, )6

(Hereto attached as Exhibit 8 FAA Complaint by the FAA id page 3 of 5 at 

paragraph IIL) 

G. Respondent would show the court that the FAA has never given an explanation ofwhy they are 

proposing an $11,000.00 fine as the civil penalty, and what fonns the basis for the maximum 

amount allowed. Respondent would further show the court that in the Complaint that was filed the 

FAA alleges that Respondent is liable for a civil penalty not to exceed $11,000.00 pursuant to 49 

U.S, C, Sections 46301 (a) and (d). (Hereto attached as Exhibit9 is Title 49 U.S.C. Sections 

46301 (a) and (d). Respondent would show this court that under Title 49 U.S. C.§ 46301-Civil 

penalties (A) states the following: "(1) A pe1·son is liable to the l1nited States Government for a 

civil penalty of not more than $25,000 (or $1,100 is the person is an indivhlnal.. . .'' The FAA 

did not bring the civil penalty allegation under the proper U .S.C. code of title 49 U .S.C.§ 46301 

(d)(2), and (7)(a)) Respondent would request the court to grant summary judgment relief to 

Respondent on this matter for lack of explanation, jurisdiction, and inconect citing of law for the 

maximum amount allowed in a civil penalty case. (Attached hereto as Exhibit 10 is page 32lines 

18-25 of the transcript of the telephone conference of August 9, 20 16 before the Honorable J.E. 

Snllivan U.S. Administrative law Judge.) 

H. Respondent would show the court that the FAA has never given an explanation of why they are 

proposing an $11,000.00 tine as the penalty, and what forms the basis for the maxitnnm amount 

allowed. Respondent would request the court to grant summary judgment for lack of explanation, 

· -~~-~---C~ .. ----"a!Td·lmSkofthlhuaximum amount allowed. (Attached hereto as Exhibit 10 ispage-32-Lines·l8•25-

5 FAA's Rules of Practice, 14 C.F.R.§13.207(b) 

RESPONDENTS MOTION AND MEMORANDUM FOR SUMMARY JUDGMENT 

Docket No, FAA~2015·1319 

Case No. 2014NM0045 

Page 9 

William A. Curtright,DBA 

Respondent 

Telephone: (503) 209-7388 

Fax (503)485-0812 
10-26-'16 13:48 FROM-AMES RESEARCH 5033642380 T-419 P0012/0062 F-461 

ofthe transcript of the telephone conference of August 9, 2016 before the Honorable J,E, Sullivan 

U.S. Administrative Law Judge.) 

I. Respondent would show the court that the FAA has not met the burden of proof as the moving 

party bringing this action before the court against Respondent because of lack of proving that the 

imposed fine of $11,000.00 truly reflects the magnitode and scope of time period where the 

records were lost and not available to the FAA for inspection. Respondent would show the court 

that in Complainant's Initial Disclosures Pursuant to the AU's Order of August 10, 2016 and 

FRCP 26(1(a) that document 2014NM090046 clearly states that on July 7, 2014 and August 28, 

2014 Respondent sent copies of the documents that were requested of him to the FAA. (Attached 

hereto as Exhibit 11 is docunlent 20 14NM090046 with lines f, and h, j .) 

J. Respondent would show the court that the FAA hindered this case by not disclosing to Ma1tin G. 

Conroy that the documents were produced on July 7, 2014 as stated in the letter from Dr, W. Ames 

Curtright to Martin G. Conroy, dated September 9, 2014 RE: EIRNumber 2014NM090046 with 

attachments. (Attached hereto as Exhibit 12 is the lener from Dr. \V. Ames Curtright to Martin G. 

Conroy, dated September 9, 2014 with attached documents: Oregon Aircraft Registration 

Certificate and Memorandum from Ben W. Davidson to William Ames Curtright, dated 

8/26/2014; Memorandum dated Jnly 7, 2014 from William A. Curtright to Conray, Mmty with 

attachments.) Respondent would request that this court grant summary judgment for lack of 

evidence of violation of Section 14 C.P.R. 91.417( c) against Respondent. 

RESPONDeNT'S MOTION AND MEMORANDUM FOR SUMMARY JUDGMENT 

Docket No. FAA-2015·1319 

Cas• No. 2014NM0046 

Page 10 

William A. Curtrlght,DBA 

Respondent 

Telephone: (503) 209-7388 

Fax (S03)485-08l2 
10-26-' 16 13 • 48 FRO~HMES RESEARCH 5033642380 T-419 P0013/0062 F-461 

CONCLUSION 

Because the Complainant's evidence, viewed in the light most favorable to the FAA, is 

insufficient to establish all of the elements of their claims, the Respondent is entitled to smnmary 

judgment on all claims. In addition, the undisputed evidence indicates that the Respondent has 

proven his affirmative defense that the Log Books were produced for inspection in a reasonable 

amount oftirne when requested by the FAA, NTSB or law enforcement entitling Respondent to 

smnmary judgment on that defense. 

In addition, Respondent has shown to tllis cmut that the civil penalty imposed by the FAA in 

their complaint has been brought under the wrong U.S.C. section entitling Respondent to 

summary judgment on that defense. 

Respondent has shown to this comt that no notice or demand letter was given to Respondent by 

the FAA regarding an alleged violation of 14 Code of Federal Regulations (C.F.R. Section 

91.417 (c) and relief of summary judgment should be granted to Respondent. 

Respondent has shown too this court that Respondent did produce the Log Books to the FAA 

pursuant to C.F.R. 91.417(c) and that the Comt has also recognized and acknowledged that 

Respondent produced the Log Books to the FAA in compliance to C.F.R. 91.417(c) in the Courts 

Order of May 10,2016 and relief for sununary judgment should be granted to Respondent. 

Respondent has shown the cotut that the FAA lacks evident that respondent did not provide the 

documentation that was requested of him and that there is no material fact or evidence that the 

documents were not produced. And relieffor smmnary judgment should be granted to 

Respondent. 

RESPONDENT'S MOTION AND MEMORANDUM FOR SUMMARY JUDGMENT 

Docket No. FAA-2015·1319 

Case No. 2014NM0046 

Page 11 

William A. Curtright,DSA 

Respondent 

Telephone: (503) 209·7388 

Fax (503)485·0812 
10-26-'16 13:49 FROM-AMES RESEARCH 5033642380 T-419 P0014/0062 F-461 

Respondent has shown the court that the civil penalty amount of$11 ,000.00 violates 

Respondents rights under the Eight Amendment of the United States Constitution prohibiting the 

federal govermnent from imposing excessive fines and relief for summary judgment should be 

granted to Respondent. 

Respondent has shown the court that the FAA failed to disclose in its disclosure of docmnents an 

FAA letter of Investigation, dated September 4, 2014 in its entirety and has no signature page 

and is not the entire document or the authentic document and therefore the entire document 

should be removed from the case and relief for sununary judgment should be granted to 

Respondent. 

Respondent has shown the court that the FAA failed to disclose in their initial disclosure which 

was order by the Honorable Judge J.E. Sullivan to disclose what formed the basis for the 

maximum amount allowed for a civil penalty, along with an explanation has not been disclosed 

by the FAA and relief for summary judgment should be granted to Respondent. 

Respondent has shown this court that the FAA hindered this case by not disclosing to Martin G. 

Conroy that the documents were produced on July 7, 2014 and relief for summary judgment 

should be granted to Respondent. 

R~SPONDENT'S MOTION AND MEMORANDUM FOR SUMMARY JUDGMENT 

Docket No. FAA-2015-1319 

Case No. 2014NM0046 

Page 12 

William A. Curtrlght,DBA 

Respondent 

Tel•phone: (503) 209-7388 

Fax (503)485-0812 
10-26-' 16 13 • 49 FROM-,~MES RESEARCH 5033642380 T-419 P0015/0062 F-461 

WHEREFORE, Respondent respectfully requests and prays that the Administrative Law Judge 

enter an Order granting relief to the Respondent by granting this Summary Judgment with 

prejudice. 

Respectfully submitted this~y of October 2016 

Dr. Wm. Ames Curtright, DBA 

RESPONDENT'S MOTION AND MEMORANDUM FOR SUMMARY JUDGMENT 

Docket No. FAA-2015-1319 

Case No. 2014NM0046 

Page 13 

William A. Curtright, DBA 

Respondent 

Telephone: (503) 209-7388 

Fax (503)485-0812 
10-26-'16 13:50 FROM-AMES RESEARCH 5033642380 T-419 P0016/0062 F-461 

Docket No. FAA-2015-1319 

(Civil Penalty Action) 

SERVICE LIST- BY U.S. MAIL 

ORIGINAL & ONE COPY 

Federal Aviation Administration (Fax and Certified First Class Mail) 

Attn: Hearing Docket Clerk, AGC-430 

800 Independence Avenue SW 

Washington, DC 20591 

Wilbur Wright Building, Suite 2Wl 000 

Fax: (202) 267-1293 

ONE COPY 

Judge J.E. Sullivan (Fax, Email, and Ce1iified First Class Mail) 

U.S. Administrative Law Judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

1200 New Jersey Avenue, SE (Ell-310) 

Washington, DC 20590 

TEL: 202-366-6941 

FAX: 202-366-7536 

David F. Shayne, FAA Attorney (Fax, Email, and Certified First Class Mail) 

Complainant's Counsel 

Northwest Mountain Region, ANM-7 

Federal Aviation Administration 

1601 Lind Ave. SW 

Renton, W A 98057 

TEL: 425-227-1847 

RESPONDENT'S MOTION AND MEMORANDUM FOR SUMMARY JUDGMENT 

Docket No. FAA-2015·1319 

Case No. 2014NM0046 

Page 14 

William A. Curtright,DaA 

Respondent 

Telephone: (503) 209·7388 

Fax (503)485-0812 
10-26-'16 13:50 FROM-AMES RESEARCH 5033642380 

14 CFR 91.417 - Maintenance records. 

§ 91.417 Maintenance records. 

T-419 P0017/0062 F-461 

(a) Except for work performed in accordance with§§ 91.411 and 91.413, 

each registered owner or operator shall keep the following records for the 

periods specified in paragraph (b) of this section: 

(1) Records of the maintenance, preventive maintenance, and alteration 

and records of the 100-hour, annual, progressive, and other required or 

approved inspections, as appropriate, for each aircraft (including the 

airframe) and each engine, propeller, rotor, and appliance of an aircraft. The 

records must include -

(i) A description (or reference to data acceptable to the Administrator) of 

the work performed; and 

(ii) The date of completion of the work performed; and 

(iii} The signature, and certificate number of the person approving 

the aircraft for return to service. 

(2) Records containing the following information: 

{i) The total time in service of the airframe, each engine, each propeller, 

and each rotor. 

(ii) The current status of life-limited parts of each airframe, 

engine, propeller, rotor, and appliance. 

(iii) The time since last overhaul of all items installed on the aircraft which 

are required to be overhauled on a specified time basis. 

(iv) The current inspection status of the aircraft, Including the time since the 

last inspection required by the inspection program under which 

the aircraft and its appliances are maintained. 

(v) The current status of applicable airworthiness directives (AD) and safety 

directives including, for each, the method of compliance, the AD or safety 

directive number and revision date. If the AD or safety directive involves 

recurring action, the time and date when the next action is required. 

(vi) Copies of. the forms prescribed by § 43.9(d) of this chapter for 

each major alteration to the airframe and currently installed engines, rotors, 

propellers, anp appliances. 

(b) The owner or operator shall retain the following records for the periods 

prescribed: · 
10-26-'16 13:51 FROM-AMES RESEARCH 5033642380 T-419 P0018/0062 F-461 

(1) The records specified in paragraph (a)(1) of this section shall be 

retained until the work is repeated or superseded by other work or for 1 year 

after the work is performed. 

(2) The records specified in paragraph (a)(2) of this section shall be 

retained and transferred with the aircraft at the time the aircraft is sold. 

(3} A list of defects furnished to a registered owner or operator under 

§ 43.11 ofthis chapter shall be retained until the defects are repaired and 

the aircraft is approved for return to service. 

(c) The owner or operator shall make all maintenance records required to be 

kept by this section available for inspection by the Administrator or any 

authorized representative of the National Transportation Safety Board 

(NTSB). In addition, the owner or operator shall present Form 337 described 

in paragraph (d) of this section for inspection upon request of any law 

enforcement officer. 

(d) When a fuel tank is installed within the passenger compartment or a 

baggage compartment pursuant to part 43 of this chapter, a copy 

of FAA Form 337 shall be kept on board the modified aircraft by the owner 

or operator. 

(Approved by the Office of Management and Budget under control number 

2120-0005) 

[Doc. No. 18334, 54 FR 34311, Aug. 18, 1989, as amended by Arndt. 91-

311, 75 FR 5223, Feb. 1, 2010; Amdt. 91-323, 76 FR 39260, July 6, 20ll] 
10-26-'16 13:51 FROM-AMES RESEARCH 

.;./ 

~M~Hiam Ames Curtright 

\~·-. ~' >) 

)m: David.F.Shayne@faa.gov 

5033642380 

::.ent: Wednesday, October 14,2015 2:15PM 

To: ames@amesresearch.com 

Sllbject: RE: Docket No. FAA-2015-1319, Curtright 

Attachments: document2015-08-16-071730.pdf 

Here Is a copy of the email I received and the memo 

Sorry David, 

T-419 P0019/0062 F-461 

This is to confirm the records have now been provided and examined to our satisfaction. Attached is" speed memo from 

inspector Cowley regarding his examination of the records. 

Best regards, 

Billy J. McKibbon 

Front Line Manager- Heavy Helicopter Unit 

Portland Flight Standards 

Federal Aviation Administration 

(503) 615-3235 

, : .·,value yourfeedback . 

. t Standard.s Service Quality Management System (QMS) FRedback 

cu' m: http ;f /w ww .faa .go vI" bout/ office_ o rg/h ea dq ua rte rs ~ offi cos/ avs /offices/ a fs/ q m s/ 

from: William Ames Curtright [maiitn:ames@amesresearch.com] 

Sent: Wednesday, October 14, 2015 ~;58 PM 

To: Shayne, David F (FAA) 

Subject: Docket No. FAA-2015~ 1319, Curtright 

David, I note that this matter is still before the courts. I also note the Order for Reassigning the proceedings to a new Judge. 

Thus I note that this matter isn't dismissed as of yet. 

1 Could you send me a copy of your last letter to the court requesting the 

Dropping and closure of this matter. 

As you know Curt Cowley visited our offices and reviewed all documentation of the lost documents from Portland, Oregon 

-~)Wm. Ames Curtright, BS, DBA 

' /Pr~sident 

Ames Research Laboratories, Inc. 

ames@amesrese§lrch.com 

Phone: 503-588-7000 

1 
/l 

f

.y' 

. 

. 

10-26-'16 13:52 FROM-AMES RESEARCH 5033642380 T-419 P0020/0062 F-461 

~ "· SPEED MEMO 

SUBJICCT 

EIR No. 2014NM090046, Lost Logs 

- DATE OF REPLY 

TO: 

Marty G Conroy 

cc Bill McKibbon SIGNATURE OF REPLIER 

TITLE I ROUTING SYM. 

INITIAL MESSAGE 

INSPECTOR STATEM!ONT 

OnThursday, 08-13-2015, ASI's Curt Cowley and Terry Jur~n inspepted the aircraft maintenance records of Supercub 

N949JP, at Mr Curtright's place of business in Salem, Or. Mr Curtright was pleasant and curteous. He allowed us 

unrestricted access to the aircraft logbooks without distraction. 

The records were well organized and .complete, back to the birth of the aircraft. The records did not appear to the 

alterered or edited in anyway. No descrepantoies were noted, and the aircraft appears to h<Jve been airworthy at the time 

of the accident 

~ 

REPlY MESSAGE 

FROM: PATE OF INITIAL MESSAGE 

~~st 1i"'2015 

FEDERAL AVIATION ADMINISTRATION SIG~&O '1"'hohFlight Standards District Office [ . (_(} oA f_/ .Af 

3180 NW 229" Avenue 

'-· ,. ~ 'I 

1-lillsboro. OREGON 97124 

TITLE 

ASI tl 

ROUTINCI SYM. 

NM09 
10-26-'16 13:52 FROM-AMES RESEARCH 5033642380 

l 

2 

3 

4 

FEDERAL AVIATION ADMINISTRATION 

In the Matter of: Docket No. 

T-419 P0021/0062 F-461 

5 WILLIAM A. CURTRIGHT, DBA FAA-2015-1319 

6 Respondent. 

7 

8 

9 

10 The litigation scheduling conference 

11 via telephone in the above-entitled matter 

12 commenced on Tuesday, August 91 2016, at 1:34 

13 p.m. 

14 

15 

16 

17 

18 

19 

BEFORE: THE HONORABLE J.E. SULLIVAN 

U.S. Administrative Law Judge 

20 Reported by: Melissa G. Fleming 

21 

22 

23 

24 

25 I 

j 

!I 

'.1· 

~ 

il 
' 

10-26-'16 13:53 FROM-AMES RESEARCH 5033642380 

. William A. Curtright, DBA 

1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

.25 

And in the material that I had before 

me, and I'm looking at page 3 of this 

four-page order, I talk about how you asserted 

on August 13, 2015 you allowed the FAA to 

inspect your maintenance records and at .that 

time the FAA agreed that the records were 

"well organized and complete back to the birth 

of the aircraft." Do you, see that on page 3? 

It's under paragraph three. 

MR. CURTRIGHT: I see that. I had 

missed that. All right. Go ahead. 

JUDGE SULLIVAN; And i also quote from 

your material, you know, acknowledging that 

you had said that these records had been 

"lost" for a time. And then in the discussion 

following that paragraph, a brief discussion 

in number four and it runs from page 3 to page 

4, I talk about how it's really great or good 

that the Respondent's maintenance record has 

been found and inspected and that as I 

understood the law, that wasn't a defense to 

the lack of having those records produced from 

approximately July 14, 2014 through May 19, 

2015 . 

So there's been a ruling on that 

For The Record, Inc. 

(301) 870.8025- www.ftrinc.net- (800) 921-5555 

T-419 P0022/0062 F-461 

38 

8/9/2016 
10-26-'16 13:53 FROM-AMES RESEARCH 5033642380 T-419 P0023/0062 F-461 

The Eighth Article of 

the US Consti tuion 

In all criminal prosecutions, the accused 

shall enjoy the right to a speedy and public 

trial, by an impartial jury of the State and 

district wherein the crime shall have been 

committed, which district shall have been 

previously ascertained .by law, and to be 

informed of the nature and cause of the 

accusation; to be confronted with the 

witnesses against him; to have compulsory 

process for obtaining witnesses in his favor, 

and to have the Assistance of Counsel for his 

defense. 
10-26-'16 13 54 FROM-AMES RESEARCH 5033642380 T-419 P0024/0062 F-461 

U.S. Department 

of l!Onsporlotlon 

Fed oral AVIation 

Administration 

September 4, 2014 

Northwest Mou11taln R(::glon 

Calorado1 lda.ho, Monta.n~. 

Oregon, Utah, Washington, 

Wyoming 

Flight standards District Office 

~180 NW 229th Ave. 

Hillsboro, Oregon 97124 

o0:).61B·3225, fax: 503·615·3300 

1·800·847-3240 

marty.g.conroy@faa ,gov 

CERTIFIED MAIL/SPECIAL DELIVERY· RETURN RECEIPT REQUESTED 

ElR Number: 2014NM090046 

William Ames Curtright 

1895 I61

h SE 

Salem, Oregon 97302 

Subject; Letter oflnvestigatiO!l 

Dear Mr. Curtright: 

Personnel of this office are investigating an accident, which involved the operation of an 

aircraft, N949JP, on June 14, 2014. This office sent you a letter dated July 1, 2014 by 

registered mail requesting you present to us the following documents: aircraft weight and 

balance record, the airframe and engine maintenanc;; logbooks, the Airworthiness and 

Registration certificates, and documentation of your compliance with the flight review 

requirement of 14 CFR .Part 61.56(c). 

To date, you have not presented this office with the airframe and engine maintenance 

logbooks for N949JP and a complete record of your required flight review that inchtdes the 

instructor's endorsement signature. 

This may be contrary to the Federal Aviation Regulations. 

This letter is to infotm you that this matter is under investigation by the Federal Aviation 

Administration (FAA).ln accordance with the Pilot's Bill of Rights, we are informing you 

that: 

(1) The nature of this investigation is to determine whether you acted as pilot in command 

ofN949JP in violation of the Federal Aviation Regulations, and if so, what, if any 

enforcement action should be taken, 

(2) Oral o!' written response to this Letter of Investigation is llot requi\•ed, and no action can 

be taken or adverse inference made against you for declining to respond to this Letter of 

Investigation. 

NM09: MConroy: MGC: 3240: 9/4/14: 

N:\FSDO Elec\ronlo Work Spacellnvestlgallons\VIotation\2014\2014NM080046 · Cvrt<19hl, William Amosll019-4·2014.doc 

~~l~\-t5-r~l cl:b-2 
10-26-'16 13•54 FROM-1\MES RESEARCH 5033642380 T-419 P0025/0062 F-461 

3 

PRIVACY ACT NOTICE 

TI1is Notice is provided in accordance with Section (e) (3) of the Privacy Act, 5 U.S.C. 

Section 552a (e) (3), and concems the information reqttested in the letter or fon.u with which 

this Notice is enclosed. 

A. Authority; This infon.uation is solicited pursuantto 49 U.S.C. § 40113(a) and the 

regulations issued under that statutory provision codified in 14 C.P.R. part 13. Submission of 

information is voluntary, 

B. Principal Pnmoses: 

·lc The request for infonnation is intended to provide you wilh an opportunity to 

participate in the investigation. 

2. The requested information will be nsed to help detennine whether or not there has 

been a violation of the Federal Aviation Regulations, and if so, what, if any, enforcement 

action should be taken. 

C. Routine uses: Records from this system of records may be disclosed in accordance with 

the following routine uses that appear in the System of Records No. DOT IF AA 84 7, General 

Au· Transportation Records on Individuals, DOT IF AA: 

1. To provide basic ainnan. certificate and qualification information to the public upon 

request. 

2. To disclose information to the National Transportation Safety Board (NTSB) in 

connection with its investigation responsibilities. 

3. To provide information about ainnen to Federal, state, and local law enforcement 

agencies when engaged in the investigation and apprehension of drug law violators. 

4. To provide information about enforcement actions arising out of violations of the 

Federal Aviation Regulations to government agencies, the aviation industry, and the 

public upon request. 

5. To disclose information. to another Federal agency, or to a cowt or an administrative 

tribunal, when the Government or one of its agencies is a party to a judicial proceeding 

before the court or involved in adrninistt·ative proceedings before the tribunal. 

D. Effect of failure to rcspogd: The FAA cannot impose any penalties upon. you if you fail 

to respond to this letter of investigation. If you fail to supply the requested information, 

however, the FAA will make detennin.ations about possible enforcement action for this 

matter without the benefit of your comments on this matter. 
10-26-'16 13:55 FROM-AMES RESEARCH 5033642380 T-419 P0026/0062 F-461 

Federal Aviation Administration, DOT§ 61.56 

one takeoff and one landing in an aircraft 

of the same type for which the 

qualification is sought. This requirement 

does not apply to an applicant 

who completes a proficiency check 

under part 121 or competency check 

........... under subpart K, part 91, part 125, or 

part 135 for the particular type of aircraft. 

[Doc. No. 25910, 62 FR 16298, Apr. 4, 1997; 

Arndt. 61-103, 62 FR 40898, July 30, 1997; 

Arndt. 61-109, 68 FR 54559, Sept. 17, 2003; 

Arndt. 61-113, 70 FR 45271, Aug. 4, 2005; Arndt. 

61-109, 70 FR 61890, Oct. 27, 2005; Arndt. 61-124, 

74 FR 42550, Aug. 21, 2009; Arndt. 61-128, 76 FR 

54105, Aug. 31, 2011] 

: '§ 61.56 Flight review. ·· . 

(a) Except as provided in paragraphs 

(b) and (f) of this section, a flight review 

consists of a minimum of 1 hour 

of flight training and 1 hour of ground 

training. The review must include: 

(1) A review of the current general 

operating and flight rules of part 91 of 

this chapter; and 

(2) A review of those maneuvers and 

procedures that, at the discretion of 

the person giving the review, are necessary 
10-26-'16 13:55 FROM-AMES RESEARCH 5033642380 

for the pilot to demonstrate the 

safe exercise of the privileges of the 

pilot certificate. 

(b) Glider pilots may substitute a 

minimum of three instructional flights 

in a glider, each of which includes a 

flight to traffic pattern altitude, in 

lieu of the_l hour of flight training required 

in paragraph (a) of this section. 

l(c) Except as provided itt paragraphs; 

,(d), (e), and (g) ofthis se~tion, no person 

unay act as pilot in COJ.UJ:ll{tnd of an · / '''' . -.. •';. '' •' ' 

1 aircraft unless, sinc.e the beginning of; 

the24th calendar 111o1lth before the ', ' ' ' . ' '. -. . .! 

\month in which th;lJpilotacts as pil0t 

Jn command, that person' has~· . . . 

(I) Accomplished. a flight r~view 

given in an aircraft for which that 

pilot is rated by an authorized instructor 

and 

(2) A logbook endorsed from an authorized 

instructor who gave the review 

certifying that the person has satisfactorily 

completed the review. 

i{ d)Apetson who has, within the period /. 

~pec;Jfied in paragraph(c} ofthis 

s~ction, passed a pilot proficiency· , 

¢heck conducted by an ·examiner, an 

T-419 P0027/0062 F-461 
10-26-'16 13:56 FROM-AMES RESEARCH 5033642380 

... approved pilot check airman, or a U.S1 

Anned Force, for a pilot certificate, · / 

rating; or operating privilege need not . . . . . . . . . . j 

accomplish the flight review requited . 

. · .. by this section. ' 

1 (e) A person wl10 has, within the period 

,specified in paragraph· (c) of this 

... section, .. satisfac1orily accomplished 

qne or more phases of an F AA-sportsored 

~pilot profiCiency award program . · 

peed not accomplish the· flight review 

·requited by this section. 

(t) A person who holds a flight instructor 

certificate and who has, within 

the period specified in paragraph (c) 

of this section, satisfactorily completed 

a renewal of a flight instructor 

certificate under the provisions in 

§ 61.197 need not accomplish the one 

hour of ground training specified in 

paragraph (a) of this section. 

((g) Astudentpilot heed nOtaccomplish · 

.the,flight:review required by .this. 

',.section provided the student pilot is • 

t}ndergoirtg training for a certificate.··.·· 

·and has a curientsolo flight endors¢ment 

\(tSJequired under§ 61. 87ofthi$ · .· l 

~part.\ 

T-419 P0028/0062 F-461 
10-26-'16 13:56 FROM-AMES RESEARCH 5033642380 

(h) The requirements of this section 

may be accomplished in combination 

with the requirements of§ 61.57 and 

T-419 P0029/0062 F-461 

other applicable recent experience requirements 

at the discretion of the authorized 

instructor conducting the 

flight review. 

(i}Atlight simulator or flight training 

device may be used to meet the 

flight review requirements of this section 

subject to the following conditions: 

(1) The flight simulator or flight 

training device must be used in accordance 

with an approved course conducted 

by a training center certificated 

under part 142 of this chapter. 

(2) Unless the flight review is undertaken 

in a flight simulator that is approved 

for landings, the applicant must 

meet the takeoff and landing requirements 

of§ 61.57(a) or§ 61.57(b) of this 

part. 

(3) The flight simulator or flight 

training device used must represent an 

aircraft or set of aircraft for which the 

pilot is rated. 

[Doc. No. 25910, 62 FR 16298, Apr. 4, 1997; 

Arndt. 61-103, 62 FR 40898, July 30, 1997; 
10-26-'16 13:57 FROM-AMES RESEARCH 5033642380 T-419 P0030/0062 F-461 

Arndt. 61-104, 63 FR 20287, Apr. 23, 1998; Arndt. 

61-124,74 FR 42550, Aug. 21, 2009 
10-26-'16 13:57 FROM-AMES RESEARCH 5033642380 

US. Depanmoot ofTransportotion 

Federal Aviation 

Administration 

·Septernber 4, 2014 · 

Northwest Mountain Region 

ColoraQo, Idaho, Montana, 

Oregon, Utah, Washington, 

Wyoming 

T-419 P0031/0062 F-461 

~light Standards D.lstrict Office 

3180 NW229lhAve. 

Hil19boro, Oregon 97124 

503-61 o-3225, Fax; 503·615-3300 

1-800-841-3240 

marty.g, oontoy@faC~.gov 

CERTIFIED MAIL/SPECIAL D'ELIVERY" RETURN RECEIPT REQUESTED 

EIR Number: 2014NM090046 

William A1nes Curtright 

189516'hSE 

Salem, Oregon 97302 

Subject: Letter of Investigation 

Dear Mr. Curtright; 

Personnel of this office are investigating an accident, which involved the operation of an 

aircraft, N949JP, on June 14, 2014. This office sent you a letter dated July I, 2014 by 

registered mail requesting you present to us the following documents: aircraft weigljt and 

balatrce record, the airframe and ertgirte malrt(enance logbooks, tbe Alrworthittess and 

Regi~tratio11 certificates, and documentation of yonr complianc~ with the flight review 

requirement of 14 CFR Part 6L56(c). 

To date, you have t1ot prest;ntcd this office with the airframe and engine maint~nance 

log~ooks for N949JP and a eompiete record ofyourrequired flight review tbat includes the 

instt'uctot' s endorsem!!nt signature, 

This may be contrary to the Federal Aviation Regulations. 

This letter is to inform you that this matter is under investigation by the Federal Aviation 

Administration (FAA). In accordance with the Pilot's Bill of Rights, we are infonning you 

that: 

(1) The nature of this investigation is to determine whether you acted as pilot in command 

ofN949JP in violation of the Federal Aviation Regulations, and if so, what, if any 

enforceme11t action shonld be taken, 

(2) Oral or written response to this Letter of Inve~tigation is not required, and no action can 

be taken or adverse inference made against you fol' declining to respond to this Letter of 

Investigation. 

NM09; MConroy: MGC: 3240: 9/4/14; 

N:\FSDO Electronic Work Space\lnvastigalions\Violatiori\2014\2014NM09004G- Curtright, William Ames\LOJ9u4·2014.doc 

~x~/J-7 r:;; 13 
10-26-'16 13:58 FROM-AMES RESEARCH 5033642380 T-419 P0032/0062 F-461 

3 

PRIVACY ACT NOTICE 

This Notice is provided in accordance with Section (e) (3) of the Privacy Act, 5 U.S.C. 

Section 552a (e) (3), and concerns the information requested in the letter or form with which 

this Notice is enclosed. 

A. Authority: This infom1ation is solicited pursuant to 49 U.S.C. § 40113(a) and the 

regulations issued under that statutory provision codified in14 C.F.R. part 13. Submission of 

infonnation is voluntary. 

B. Princinal Purposes: 

1. The request for information is intended to provide you with a11 oppol1llnity to 

participate in the investigation. 

2. The requested information will be used to help determine whether or not there has 

been a violation of the Federal Aviation Regulations, and if so, what, if any, enforcement 

action sho\lld be taken. 

C. Routine use~: Records from this system ofrecords may be disclosed in accordance with 

the following routine uses that appear in the System of Records No. DOT/FAA 847, General 

Air Transportation Records on Individuals, DOT/FAA: 

1. To provide basic ai1man certificate and qualification infonnation to the public upon 

request. 

2. To disclose infonnation to the National Transportation Safety Board (NTSB) in 

connection with its investigation responsibilities. 

3. To provide infonnation about ainnen to Federal, state, and local law enforcement 

agencies when engaged in the investigation and apprehension of drug law violators. 

4. To provide infonnation about enforcement actions arising out of violations of the 

Fedet·al Aviation Regulations to government agencies, the aviation industry, and the 

pl1blic \lpon request. 

5. To disclose infonnation to another Federal agency, or to a co\llt or an administrative 

triblmal, when the Government or one of its agencies is a party to a j\ldicial proceeding 

before the com1 or involved in administrative proceedings before the tribunaL 

D. Effect of failm·e to respond; The FAA cannot impose any penalties upon you if you fail 

to respond to this letter of investigation. If you fail to supply the requested infmmation, 

however, the FAA will make detem1inations about possible enforcement action for this 

matter without the benefit of your comments on this matter. 
10-26-'16 13:58 FROM-AMES RESEARCH 5033642380 

u.s. DePOrtment 

of 1tansp0rlilllon 

~derot Aviation 

Adll'lli'llstrmii:m 

July l, 2014 

·NoJ;tbwost MPUI"!ta:ln ~egfo.o 

Colorado, Idaho, Mortlana, 

Dfflgon, U\ilh, Woohlngton, 

Wyemlbg 

T-419 P0033/0062 F-461 

Flight Standards Distrto\ Offloa 

3180 NW.2291llAvsnue · 

Hlllsb0ro, Orogen 97124 

!i03<l!~:MQ, Fa>c $03-o15.J~OO 

lliarty.g.aonroy@faa.gmi 

CERTIFIED MAIL/SPECIAL DELIVERY- RETURN RECIJ.l'T REQUESTED 

William Ames Curb:ight 

1895 J6th SE 

Salem. Oregon 97302 

Dear Sir: 

This office is investigating an aircraft accident involving N949JP that occtl1'fed nn June 14, 

2014, in Turner, Oregon with you acting as pilot-in-command. Please provide the following 

documents for my review by July 17, 2.014. 

• Aircrafl weight and ba1ance 

• Airframe and Engine maintenance logb[)oks 

• Airworthine~s and Registration <;ertificates 

• Documentation of compliance with 14 CFR Part 61.56(c) 

I can be reached at 503-615-3240 to :tnake am!llgements for this review. 

Sincerely, 

.. 

---- - -------NM09: ~- c:nro;: MGC; 3240 ~~1/14: -- _ G Ju_ h J::o/p/Jf ]-~-3- N:\FSDO Electranlo Work Spaeellnvestigetlons\Accrdent\N949JP- PA-18-135- 6-14-2014'1.0T 7-1-2014 N949JP- Curtrlgnt.doo 
/ ., ¥ 

10-26-'16 13:59 FROM-AMES RESEARCH 5033642380 T-419 P0034/0062 F-461 

DAVID F. SHAYNE 

FAA OFFICE OJ' REGIONAL COUNSEL 

1601 LIND AVE., SW 

RENTON, WASHINGTON 98057 

TELEPHONE: (425) 227-2165 

FACSIMILE: (425)227-1007 

UNITED STATES OF AMERICA 

'' DEPARTMENT OF TRANSPORTATION 

In the Matter of: 

William A. Curtright 

JUDGE NOT ASSIGNED: 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

FAA Case No. 2014NM090046 

Judge Not Assigned 

COMPLAINT 

The Federal Aviation Administration (FAA), by counsel, hereby files its Complaint, 

pursuant to Rule 208 of the Ru1es of Practice (14 Code of Federal Regu1ations (C.P.R.) Section 

13 .208), and states as follows; 

I. 

On May 6, 2015, William A. Curtright was advised through a Final Notice of Proposed 

Civil Penalty that the FAA proposed to assess a civil penalty in the amount of $11,000. On May 

11, 2015, Mr. Curtright submitted a written request for a hearing. 

II. 

1. William A. Curtright was and at all times material hereto was the owner and/or 

operator of a Piper Model PA-18135, a U.S. registered civil aircraft, N949JP.· 

2. On or about July 1, 2014, an Aviation Safety lnspector (ASI) from the Portland Flight 

Standards District Office wrote Mr. Curtright a letrer demanding that he provide 

COMPLAINT 

FAA v. William A. Curtright 

l' AA Case No. 20l4NM090046 

Page 2 of5 

DAVID F. SHAYNE, PAAArrORNEY 

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

--~ 0' /f 

S/i"~/1£ 
10-26-'16 13:59 FROM-AMES RESEARCH 5033642380 T-419 P0035/0062 F-461 

aircraft weight and balance, and aircraft and engine maintenance logbooks for 

N949JP. 

3. Mr. Curtright sent two emails and a letter acknowledging that he was aware of the 

demand. 

4. As of this time, Mr. Curtright has failed to provide the maintenance records 

referenced above. 

llL 

1. By reason of the foregoing facts and circumstances, Mr. Curtright violated Section 91.417 

(c) of the Federal Aviation Regulations (14 Code of Federal Regulations (C.F.R,)) in that 

he owned or operated an aircraft for which he failed to make all maintenance records 

required to be kept by this section available for inspection by the Administrator. 

2. In accordance with Sections 4630l(a) and (d) of Title 49 of the United States Code 

(U.S.C.) (Transportation) [49 U.S.C. Sections 4630l(a) and (d)), Mr. Curtright is liable 

for a civil penalty not to exceed $11,000 for each of the violations noted. 

3. Under the facts and circumstances of this case, a civil penalty of$11,000 is appropriate. 

WHEREFORE, the Agency, by counsel, respectfully requests that the Administrative 

Law Judge enter an Order that William A. Curtright be assessed a civil penalty in the amount of 

$11,000. 

Respectfully submitted this 19tlt day of May 2015. 

David F. Shayne 

FAA Attorney 

COMPLAINT 

FAA v. William A Curtright 

FAA Case No, 2014NM090046 

Page3 of5 

PAVIDF. SllAYNE,FAAArroRNEY 

TEL: (425) 227-2165; FAX; (425) 227·1007 
10-26-' 16 14: 00 FROM-.~MES RESEARCH 5033642380 T-419 P0036/0062 F-461 

/ ANSWER 

In accordance with Section 13.209 of the Federal Aviation Regulations, William A Cmtright, must answer this Complaint not later than thirty (30) days from the time it is served. Failure to 

file an Answer within thirty (3 0) days without good cause shall be deemed an admission of the 

truth of each allegation contained in the Complaint [14.C.F.R. § 13 .209(t)]. 

COMPLAINT 

FAA v. William A. Curtright 

FAA Case No. 2014NM090046 

Page4 of5 

DAVID F. SHAYNE, FAA ATTORNEY 

TEL: (425)227·2165; FAX: (425) 2P-I007 
10-26-'16 14:00 FROM-AMES RESEARCH 5033642380 T-419 P0037/0062 F-461 

·; 

• CERTIFICATE OF SERVICE 

I hereby certifY that the foregoing Complaint has been served via facsimile and/or certified mail· 

Return Receipt Requested this date, to the following: 

COMPLAINT 

Federal Aviation Administration (Original and one copy) 

800 Independence Avenue SW 

Washington, D.C. 20591 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building- Suite 2WI 000 

Fax: (202) 267-1293 

William A. Curtright 

P.O. Box 1350 

Jefferson, OR 97352 

Dated this! 9th day of May 2015. 

Te ·Kirk 

0 oe of Regional Counsel (ANM-7) 

Federal Aviation Administration 

1601 Lind Ave. SW 

Renton, WA 98057 

(425) 227-2007 

FAA v. William A. Curtright 

FAA Case No. 2014NM090046 

PageS of5 

DAVID F. SHAY!ffi, FAA ATTORNEY 

1EL: (425) 227-2165; FAX: (425) 227-1007 
10-26-'16 14:01 FROM-AMES RESEARCH 

49 U.S. Code§ 46301 -Civil penalties 

a)GENERAL PENALTY.-

5033642380 T-419 P0038/0062 F-461 

(l)A person is liable to the United States Government for a civil penalty of not more than 

$25,000 (or $1,100 if the person is an individual or small business concern) for violating~ 

(A) 

chapter 401 (except sections 40103(a) and (d), 40105, 40116, and 40117), chapter 411, chapter 

413 (except sections 41307 and 41310(b)-(f)), chapter 415 (except sections 41502,41505, and 

41507-41509), chapter 417 (except sections 41703, 41704, 41710, 41713, and 41714), chapter 

419, subchapter II or III of chapter 421, chapter 423, chapter 441 (except section 44109), section 

44502(b) or (c), chapter 447 (except sections 44717 and 44719-44723), chapter 449 (except 

sections 44902, 44903(d), 44904, 44907(a)-(d)(l)(A) and (d)(1)(CHf), and 44908), chapter 

451, section 47107(b) (including any assurance made under such section), or section 47133 of 

this title; 

(B) 

a regulation prescribed or order issued under any provision to which clause (A) of this paragraph 

applies; 

(C) 

any term of a certificate or pennit issued under section 41102, 41103, or 41302 of this title; or 

(D) 

a regulation of the United States Postal Service under this part. 

(2) 

A separate violation occurs under this subsection for each day the violation (other than a 

violation of section 41719) continues or, if applicable, for each flight involving the violation 

(other than a violation of section 41719). 

(3)PENALTY FOR DIVERSION OF AVIATION REVENUES.-

The amount of a civil penalty assessed under this section for a violation of section 47107(b) of 

this title (or any assurance made under such section) or section 47133 of this title may be 

increased above the otherwise applicable maximmn amount under this section to an amount not 

to exceed 3 times the amount of revenues that are used in violation of such section. 

(4)AVIATJON SECURITY VIOLATIONS.-

NOtWithstanding paragraph (1) of this Sc\bsection, the maximum civil penalty for violating 

chapter 449 shall be $10,000; except that the maximum civil penalty shall be $25,000 in the case 

of a person operating an aircraft for the transportation of passengers or property for 

compensation (except an individual serving as an ai1man). 

(5)PENALTIES APPLICABLE TO INDIVIDUALS AND SMALL BUSINESS CONCERNS.-

(A)A:n individual (except an airman serving as an ail1nan) or small business concern is liable to 

the Govemment for a civil penalty of not more than $10,000 for violating-

(i) 

chapter 401 (except sections 40103(a) and (d), 40105, 40!06(b), 40116, and 40117), section 

44502 (b) or (c), chapter 447 (except sections 44717-44723), chapter 449 (except sections 

44902, 44903(d), 44904, and 44907-44909), or [1] chapter 451, or section 46314(a) of this title; 

or 

(ii) 

a l'egulation prescribed or order issued under any provision to which clause (i) applies. 
10~26~'16 14:01 FROM~AMES RESEARCH 5033642380 T~419 P0039/0062 F~461 

(B)A civil penalty of not more than $10,000 may be imposed for each violation under paragraph 

(1) committed by an individual or small business concern related to--

(i) 

the transportation of hazardous material; 

(ii) 

the registration or recordation under chapter 441 of an aircraft not used to provide air 

transportation; 

(iii) 

a violation of section 44 718( d), relating to the limitation on construction or establishment of 

landfills; 

(iv) 

a violation of section 44725, relating to the safe disposal oflife-Jimited aircraft parts; or 

(v) 

a violation of section 40127 or section 41705, telating to discrimination. 

(C) 

Notwithstanding paragraph (1), the maximum civil penalty for a violation of section 41719 

committed by an individual or small business concern shall be $5,000 instead of$1,000, 

(D) 

Notwithstanding paragraph (1 ), the maximum civil penalty for a violation of section 41712 

(including a regulation prescribed or order issued under such section) or any other regulation 

prescribed by the Secretary by an individual or small business concern that is intended to afford 

consumer protection to commercial air transportation passengers shall be $2,500 for each 

violation. 

(6)FAILURE To (2) COLLECT [2] AIRPORT [2] SECURITY [2] BADGES (2).-

Notwithstanding paragraph (1), any employer (other than a governmental entity or airport 

operator) who employs an employee to whom an airport security badge or other identifier used to 

obtain access to a secure area of an airpoti is issued before, on, or after the elate of enactment of 

this paragraph and who does not collect or make reasonable efforts to collect such badge from 

the employee on the date that the employment of the employee is tem1inated and does not notify 

the operator of the airport of such termination within 24 hours of the date of such telmination 

shall be liable to the Government for a civil penalty not to exceed $10,000. 

(b )SMOKE ALARM DEVICE PENA.L TY.-

(1) 

A passenger may not tamper with, disable, or destroy a smoke alann device located in a lavatory 

on an aircraft providing air transportation or intrastate air transportation. 

(2) 

An individual violating this subsection is liable to the Govemrnent for a civil penalty of not more 

than $2,000, 

( c)PROCEDDRAL REQDIREMENTS.-

(l)The Secretary of Transportation may impose a civil penalty for the following violations only 

after notice and an opportunity for a hearing: 

(A) 

a violation of snbsection (b) of this section or chapter 411, chapter 413 (except sections 41307 

and 41310(b)-(f)), chapter 415 (except sections 41502, 41505, and 41507-41509), chapter 417 
10-26-' 16 14:02 FROM-N1E5 RESEARCH 5033642380 T-419 P0040/0062 F-461 

(except sections 41703, 41704, 41710, 41713, and 41714), chapter 419, subchapter II of chapter 

421, chapter 423, or section 44909 of this title. 

(B) 

a violation of a regulation prescribed or order issued under any provision to which clause (A) of 

this paragraph applies. 

(C) 

a violation of any te1m of a certificate or permit issued under section 41102, 41103, or 41302 of 

this title. 

(D) 

a violation under subsection (a)(l) of this section related to the transpottation of hazardous 

material. 

(2) 

The Secretary shall give written notice of the finding of a violation and the civil penalty tmder 

paragraph (1) of this subsection. 

(d)ADMINISTRA'f!V£ IMPOSITION OF PENALTIES.-

(1 )In this subsection-

( A) 

"flight engineer" means an individual who holds a flight engineer certificate issued under part 63 

of title 14, Code of Federal Regulations. 

(B) 

"mechanic" means an individual who holds a 1nechanic certificate issued under part 65 oftitle 

14, Code of Federal Regulations. 

(C) 

"pilot" means an individual who holds a pilot certificate issued under part 61 of title 14, Code of 

Federal Regulations. 

(D) 

"repairman" means an individual who holds a repairman certificate issued under part 65 of title 

14, Code of Federal Regulations. · 

(2) 

The Administrator of the Federal Aviation Administration may impose a civil penalty for a 

violation of chapter 401 (except sections 40103(a) and (d), 40105, 40106(b), 40116, and 40117), 

chapter 441 (except section 44109), section 44502(b) or (c), chapter447 (except sections 44717 

and 44719--44723), chapter 451, section 46301(b), section 46302 (for a violation relating to 

section 46504), section 46318, section 46319, section 46320, ot' section 47107(b) (as further 

defined by the Secretary under section 4 71 07(k) and including any assurance made under section 

471 07(b )) of this title or a regulation prescdbed or order issued under any of those provisions. 

The Secretary of Homeland Security may impose a civil penalty for a violation of chapter 449 

(except sections 44902, 44903(d), 44907(a}-(d)(l)(A), 44907(d)(l)(C}-(f), 44908, and 44909), 

section 46302 (except for a violation relating to section 46504), or section 46303 of this title or a 

regulation prescribed or order issued under any of those provisions. The Secretary of Homeland 

Security or Administrator shall give written notice of the finding of a violation and tl1e penalty. 

(3) 
10-26-'16 14:02 FROM-AMES RESEARCH 5033642380 T-419 P0041/0062 F-461 

(9) 

This subsection applies only to a violation occurring after August 25, 1992. 

(e)PENALTY CONSIDERATIONS.-In determining the amount of a civil penalty under subsection 

(a)(3) of this section related to transportation of hazardous material, the Secretary shall 

consider-

(1) 

the nature, circumstances, extent, and gravity of the violation; 

(2) 

with respect to the violator, the degree of culpability, any history of prior violations, the ability to 

pay, and any effect on the ability to continue doing business; and 

(3) 

other matters that justice requires. 

(!)COMPROMISE AND SETOFF.-

(1) 

(A)The Secretary may compromise the amount of a civil petmlty imposed for violating-

(i) 

chapter 401 (except sections 40103(a) and (d), 40105, 40116, and 40117), chapter 441 (except 

· section 44109), section 44502(b) or (c), chapter 447 (except sections 44717 and 44719-44723), 

chapter 449 (except sections 44902, 44903(d), 44904, 44907(a)-{d)(l)(A) and (d)(1)(C)-(t), 

44908, and 44909), or chapter 451 of this title; or 

(ii) 

a regulation prescribed or order iss,ted under any provision to which clause (i) of this 

subparagraph applies, 

(B) 

The :Postal Service may compromise the amount of a civil penalty imposed under subsection 

(a)(l)(D) of this section. 

(2) 

The Government may deduct the amount of a civil penalty imposed or compromised under this 

subsection from amounts it owes the person liable for the penalty. 

(g)JUDICIAL REVIEW.~ 

An order of the Secretary or the Administrator imposing a civil penalty may be reviewed 

judicially only under section 46110 of this title. 

(h)NONAPPLlCATION.-

(l)This section does not apply to the following when performing official duties: 

(A) 

a member of the armed forces of the United States. 

(B) 

a civilian employee of the Department of Defense subject to the Uniform Code of Military 

Justice. 

(2) 

The appropriate military authority is responsible for taking necessary disciplinary action and 

submitting to the Secretary (or the Under Secretary of Transportation for Security with respect to 

security duties and powers designated to be carried out by the Under Secretary or the 
10-26-'16 14:03 FROM-AMES RESEARCH 5033642380 T-419 P0042/0062 F-461 

Administrator with respect to aviation safety duties and powers designated to be canied out by 

the Administrator) a timely report on action taken. 

(i)SMALL BUSINESS CONCERN DEFINED.-

In this section, the term "small business concern" has the meaning given that term in section 3 of 

the Small Business Act (15 U.S.C. 632). 

(Pub. L. 103~272, § 1(e), July 5, 1994, 108 Stat. 1231; Pub. L. 103-305, title I,§ 112(c), title II, 

§ 207(c), Aug. 23, 1994, 108 Stat. 1575, 1588; Pub. L. 103-429, § 6(60), Oct. 31, 1994, 108 Stat. 

4385; Pub. L. 104-264, title V, § 502(c), title VIII,§ 804(b), title XII,§ 1220(b), Oct. 9, 

1996, 110 Stat. 3263,3271, 3286; Pub. L. 104-287, § 5(77), Oct. 11, 1996, 110 Stat. 3396; Pub. 

L. 105-102, § 3(c)(4), Nov. 20, 1997, 111 Stat. 2215; Pub. L. 106-181, title II,§ 222, title V, 

§§ 503(c), 504(b), 519(c), title VII,§§ 707(b), 720, Apr. 5, 2000, 114 Stat. 102, 133, 134, 149, 

158, 163; Pub. L. 106-424, § 15, Nov. 1, 2000, 114 Stat. 1888; Pub. L. 107~71, title I, 

§ 140(d)(l)-(4), Nov. 19,2001, 115 Stat. 642; Pub. L. 107~296, title XVI,§ 1602, Nov. 25, 

2002, 116 Stat. 2312; Pub. L. 108-176, title V, § 503(a)-(c), Dec. 12,2003, 117 Stat. 2557, 

2558; Pub. L. 108-458, title IV,§ 4027(a), Dec. 17,2004,118 Stat.3727; Pub. L. 110-53, title 

XIII, § 1302(b), Aug. 3, 2007, 121 Stat. 392; Pub. L. 110-161, div. E, title V, § 542, Dec. 26, 

2007,121 Stat. 2079;Pub. L. 112-74,div. D, titleV, §564(a),Dec. 23,20!1, 125 Stat. 

981; Pub. L. 112~95, title IV,§ 415(b), title VIII, § 803, Feb. 14,2012, 126 Stat. 96, Jl9; Pub. L. 

1!3~!88, title XV,§ 1501(b)(2)(B), Nov. 26, 2014, 128 Stat. 2024; Pub. L. 114~190, title II, 

§ 2205(b), July 15,2016, 130 Stat. 631.) 
10-26-'16 1403 FROM-AMES RESEARCH 

I 

5033642380 T-419 P0043/0062 F-461 

FEDERAL AVIATION ADMINISTRATION 

In the Matter of: Docket No. 

l 

2 

3 

4 

5 WILLIAM A. CURTRIGHT, DBA FAA-2015-1319 

6 Respondent. 

7 

8 

9 

10 The litigation scheduling conference 

11 via telephone in the above-entitled matter 

12 commenced on Tuesday, August 9, 2016, at 1:34 

13 p.m. 

14 

15 

1,6 

17 

18 

19 

BEFORE: THE HONORABLE J.E. SULLIVAN 

u.s. Administrative Law Judge 

20 Reported by: Melissa G. Fleming 

21 

22 

23 

24 

25 
10-26-'16 14:04 FROM-AMES RESEARCH 5033642380 

William A. Curtright, DBA 

1 and the initial disclosures that I'm talking 

2 about are outlined in Rule 26 of the Federal 

3 Rules of Civil Procedure and that's something 

4 you can find on line if you type in Rules of 

5 Civil procedure, Rule 26. 

6 ·-· .. --.... -.. But. just so you know, when you do 

7 initial disclosures, and I'm going to give you 

8 both a deadline to exchange information of 

9 this type, you give the name, address and 

10 phone number of each individual that you know 

11 that's likely to have discoverable information 

12 about the charge involved in. this case. 

13 You give a copy or a description of 

14 the document of anything that you have in your 

15 possession, custody or control that has 

16 anything to do with this particular charge and 

17 the proposed fine. 

18 f\.rid for the FAA, they also should be 

··19 giving you an explanation -of why they are 

20 proposing $11,000 as the penalty, what forms 

21 the basis for that .. I 

, 22 Those are the initi<>l· disclosures to 

. 23 get :the ball :r-olling so that you have an idea 

24 of who is involved or Who might be involved as 

.25 a .witness for the opposing side and what they 

For The Record, Inc. 

(301) 870-8025- www.ftrinc.net- (800) 921-5555 

T-419 P0044/0062 F-461 

32 

8/9/2016 
10-26-'16 14:04 FROM-AMES RESEARCH 5033642380 T-419 P0045/0062 F-461 

SECTIONB 

Statement of Case and Factors Affecting Sanction 

1. STATEMENT. OF CASP: 

b. The NorthWllSt ,Mountain Regional Opemtions Center (ROC) coo!acted Inspector Martin 

Conroy on 6/16114 informing him tbatN949JP, aPA·l8·!35aiJplme, was involved In an 

accident. The ROG i~ William Anies Curtright, Certifica:te NLimber 543487756, 

as the pilot in con:unand and the owner·ofN949JP. The loc:aUon ~fthe accident was at 

.Mr. Curtright's private airport, Ames Airport, near Jefferso11, O!egon, The accident 

occurred on 6/15/14. (lOP 1, 2, 3) 

c. Inspector Co100y cond®ted an onsite accident investigatioa at tb.e Ames Airport <!II 

6/17114. Inspector Conroy determined that the damage to N9491P was substantial and 

quallfied as an accident. At that time, Inspector Conroy asked Mr. CurtrisJlt to provide 

this office with the following 'documentation at his earliest c<>nvenien~:e: aircraft weight 

and balance fonn, airframe and engine mllintenance Iogboob, airworthiness and 

registration certificates, his endorsement demonstrating comyliMce with th.e flight review 

requirement of14 CFR Part 61.56. (lOP 4) 

d. This Qffice mailed a letter to Mr. Curtright on 7/1/14 agaia requesting the docwnents 

itemized during the 6/17/14 site visit. (lOP 5) 

e. That same day, Mr. Curtright contacted Inapector Comoy by emU! explaining that he 

needed more time to assemble the requested documents. (lOP 6) 

f. 

g. On 717/14, Inapector Conroy responded to 1:hi$ email correspondence again ~eq1.1esting the 

following missing docliJllentation: a ~omplete record ofhis:tiightreviewtb.at included 

the instructor's endorsement signature; aircraft weight an~ b:alance record; airframe and 

engine malptenance logbooks. (lOP 8) 

i. This office sent a Letter of Investigation (LOI) to Mr. Curtright, because he failed to 

present this office with the airframe and engine maintenance logbooks for N949JP and a & h 

1 

h't J 1 

--~~L'.A~.~~.~~CIJR:fRIGHr . . · ~1/I,N~I)I!~~~~: _ .. -I r:i ~ 2 
' ' 

10-26-' 16 14:05 FROM-AMES RESE~,RCH 5033642380 T-419 P0046/0062 F-461 

complete record oflllo CUitent tlight review. The LOI was datQJ 9/tl./14 and sent 9/5/l4. 

(lOPlO) · . 

j. 

k. On 9/24/14, Inspector Conroy contacted Mr. Curtdght bytele!'hone. Inspector Conroy 

asked him if he il)tended to ~nt this office with the al.tfiamB m:d engine logbooks for 

N949JP to allow the FAA to conclude & investigation into tb~ ac11ident of6/15/l4. Mr. 

Curtright responded that the logbooks were at his home in Canada and that he was not in 

a positio_!l tc)_tra~ ~ere and recover them, Inspect(lr Conroy then asked Mr. Curtright if 

he could provide a Mute date wheo he would be able to xnake them CtVailable to this 

office fur inspection. Mr. Curtright responded that he didnot expect to trav~l to Canada 

any time in the near futuro. (lOP 12) 

-. · 414Nilllfl9004tl ·· ·· · · · · 

; i 

f. 1 

I . j 

; 
10-26-'16 14:06 FROM-AMES RESEARCH 5033642380 T-419 P0047/0062 F-461 

September 9, 2014 

Martin G. Conroy 

Aviation Safety Inspector 

Flltht Sta~dards Prst. Offl~e 

3180 NW 229"' Av-e. 

flillsboro, OR 971:24 

Re: EfR NuMber :W14NM!l90046 

Dear Sir: 

As explained via emaH, the alrtraft logs are not In the United States; !hey are In canada where I 

also li\le, ram now awaiting tne time to repair my aircraft repair. to ~n!erto m,;:et younaquest, 

I have emliiled the 11!mainfng docum_enn afid the CMif!~atlo/1 ofAonualln5pectlq~ i$ ~questEd 

to the 1'9rtland offi~ 

All ot~r dacW'tlents have l:leen prollicted to you ail requested. lslt po;sih1e y~ur people have 

nlilt opened your emalls t~H!heck the attachments? They were stnttll your ~rtl~nd office, If 

you are still missing $ometbing let uHnow. 

We lt~e provlcted a (etter frQm the me6hanic who did the annual cenffication inspection. We 

recently emalled the weight and balance but again we Will mail it to v~~. 

The event was on my private property. it took pl,a,ce after landing; there was j iteecing problem 

because of a collapsed gear which causell a. breaking to the left. Th~ aircraft was not airborne 

hut lnettt.l and the rail on tl)l! float$ P!llled theaircraft to the left an~ Into the grass, thus, our 

description of~e event which damagl!ll the aircraft. 

Your letters indicate you have never received any of this lnformatlon whit!lls troubling. 

We have prOvided you the ~rrcraft Weight and balance, airworthiness regls:tratlon certificate, 

and document<tt1011 with the flight review requirements and all the documents you requested, 

. yet you Jleople act as if you neverreceiVed those items. 

We have provided to yOII the docum.ents In a spirit of cooperation. Again, we nope this meets 

., 

j 

t 

I 

' i 

your needs and pray t~1s brings clasure for us both, 

Dr. W, Ames curtrig~t -Lt~~~~~AJ ,I~ l,C: 

r.,...._v ., ~ : il V" 
10-26-'16 14:06 FROM-AMES RESEARCH 

FAA NO.: N949JP 

Year: 1953 

·---·· ·- ~ -· 

5033642380 T-419 P0048/0062 F-461 

CERTIFICATE 

• ! 

Certifioate: 42!37 

EKpiration: 212812015 
., 

10-26-' 16 14 • 07 FROM-~.MES RESEARCH 5033642380 T-419 P0049/0062 F-461 

I 

Memorandum 

lb: William Ames Curtright 

From: Ben W. Davidson 

Dtlle: 8/26/2014 

Re: Annual Inspection N949JP 

Bill 

,. ,-.::. "~ • ,. ' ... ~ ·- .;: ;"'""'""' • ' '"10 

This letter ts to verljjJ thai I completed an Annual Inspection on N949JP 

a P 4·18 on September 23~ 2015. At that time 1 provided you with 

a dlscreJ1(JfiC]J list that included an expired battery In your ELT that 

required replacement. 

If needjicrther assistance, please do not hesitate ta call anytimo: before 

9pm «nyday. (J41) 49()..6980. 

C5l>-~.vaJ Ben W. Davidson 

A&P2855347IA 

1 

i 

I 

I 

i 

\ ' i ; 

i : 
10-26-'16 14:07 FROM-AMES RESEARCH 

UNReO~ATf!S OFAAiiR!CA 

Dep:omel>taf n.""'o!lallon Rrcrw!Avfuijlln~~tf6n 

MEOICAL CI!II:YIFICATE lliiRD CLASs 

Ttl~ c:enffle$ that (MIMmc:anttarl"dtl=}: 

WILI.IAM AMI!S CIIRTR!GIIT 

413$ PARAOISE IRLL 

TURN£!!. OR 97392 USA 

5033642380 

GQIIOillCNS OF ISSUE 

The halderofill~ "~fii;81a mum 

T-419 P0050/0062 F-461 

• Have ~111 ~~ or~pemnalp-n at all times w~fteex~ plilll'I!CS ofon airman col\lffoote. 

(14CFR § lll.l) • und ... lond !lilt~· P;suilnoe of. modloa1 telli!leate 

by an Avfa!ionM14oal Ellttmlner mil)' borevo"od by 

tfle PAAwllftlllelja'fS• (14CFR§i7~~ 

• Comp!ywflh lllliOI)'o!aJIIardsspedftod forfir:~h 

-"' .,.r ~ilf4,.. m<dleal C41tlfiQ!tcs. 

(14CFR § 61,13) 

" COmply\llilh ar.yst1tm1ent afli..mel;lonal, opel'illlom:ll, 

anilfortlmoii~Ti\;18<~1 lsoued ., a oond~n or 

COJ!fficati<n. 

(f4Cl'R§ i1.41l1) (Noll>: A toilet clllll1ilalizol!on (or SODA) des«ibJng 

onySIIchUmltat!OIIsmustba keptl'ol'tlt thiS C4ttfficato at all ~-wll!ell>ICI>Ing tile prM!oges afan oilman 

-10.) 

• CompJywflh !llo !IOJOan!arelil\ing 10 P111hlb!ii0nson 

ope111llon1M111g mldloalli!llo!on"J. 

(14Crn §§ S1.5$. ~ 19, and 65.#) 

Far Tnt11ma!lona!OjMI!ons Only. Some h>lde!s msy bo 

aft'ect£d by~ 111im011ona!IM<II<alslandllld0. 

Ca115ultlheU.S.,..,.,.IItltallnfarmal!on Publ<ot!on l'or 

u.s. diffion;lca> Wi1h !CAO Annex! modi cal standards. 

AEROSP<\CE MEDICAL CERTIFICATiON DIV!SIDN, AAM • 3QQ 

FAA Civil AeiVS(Iace Med!CIII IMtifllte 

Mike Monroney Aeronautioal C'i!nler 

P.O Box 211010 

Oklahoma City, OK 73126-&914 

W!L\.IAM AMES CURTRIGHT 

4tlS PARADISE HILL 

TURNER OR 97392 USA 

Dear Airman: 

Above Is your (ltW medical certificu:te, ft supe~cd~s llflY pn:vfaus 011-e you mny ho.\'e b;e:n fr;l.l~d 

To valid.atc £his certificate, iris ne:«S:iiU~ tl'lllt )lou sign it in the spa-ce providl!d <Airmtll'l's Si&t'tatur_~)­

Thii cen:ificate: must be io your possession at .all tim~ whit~ e).!t':rOislns yow pi!OIIlrM!et<"..'ii, 
10- 26 -'16 14:08 FROM-AMES RESEARCH 5033642380 T-419 P0051/0062 F-461 

To; 

SubJect: 

AU.~hments~ 

Please see ati:atlled. As you might iecallyoutook a [lit:t:ureofthe afr·wortl'tines> ~rtificate wherryoucameout, want 

me to take another picture for you? it that was taped in th\! ~~lq!it on '~li! wrll , 

Airworthiness, Wet damaged i'el)tderedii'tl>h oillt.l!l:.rutna~t C011\'fl'oil'l log. 

I provided a m.e.r.li'caf certificate to you atthe time, and 1 have a fresh New Medical exam last we~k. 

Re~¢11Aii.iiriiffitS'Iif~~11l~~i'I~~~'Wiifneed~'!iie!flmi!fi'i;ga~llil\J. 

M¥tl'jl•~~~~l§:!!;l?it~~I!J!~,flir:;t~-1l~no'tifi&a\iiffia'bllt:t~~.l!·~~,t~r w~ek 

I feel sad !'or the People thatwMe lostatthe toast.lt'U. hard Job, yGur Job. The pain you see I cani'!Ot limighle. Tltiilll<s 

for your service and for your rnst service in .the military. 

As 1 stoQd on my hill on the fourth of Julvwatthiog tfte ~xplosiPns of flrl!Works fronull sitles. It reminded me of Viet 

Nam of Shells going off, of cartnon flltt, and the nilling thunder of Arma_geddon. 

It was differentfor me that nlg~ it gave me tlr~ughts of what was to come if we do not thaoge the ~ourse of our 

country. 

Good Luck to you and God blessings. 

- Ames 

'7 

II 

I 

f 

;. 

,. 

j: 

li 

I' 

1: 

,. 

' I 

{: ' 

1: 

I' 

I 

L 

' 

' 
10-26-'16 14:08 FROM-AMES RESEARCH 5033642380 T-419 P0052/0062 F-461 

The stamfard Pilot Log 

.. '1110 \\,...~ W ' f\\1\1\ C2. "::::> c_ \A. "-..-\-\[(~U.,-\ ~·~ rl Loti!Oolll'«umllt!t-

...j_nent Mallfq Mdr&$$ \ •al'\\ \ \('S¥s ">:::A- """G · F"Nm---~ 

--------~~~~~~~£~~~-=w,~~~~~~~~~~·~------------------~-----------

Cerliffcates ""'" Ra1Jn!JR~ 

'IW• 

=1We --

Cullli .. le -""' 

fi!UDENT PILOT o: ... D;(!'RPUNE A .. J:: ~\ 

SPORTPI~OT 

!: 1 ~~ s..:V?.-s~··nc; ~LE 

0 MIJl.li.cNGINEl 

I!NGIN!i:' !;!!:liN~ ~ ~""-~ 

REllflliATIQj\11\L PilOT 

01Al1G CSI!A W.~, 

~Tl>I!NGIN~: Uinil<dloCe!IOr l!!t' Thrusl 

PRIVATE PILOT sh\]1~ '5~..,....,~5 iJ INSTijiJMEM" 

GoMMimOIAL PILOT 

OGUOEfl OAE!IOTCIW 01'/iNCHTOW 

lUG/iT INS'IllUClOR 

~RUN~li!MiSPORTPILOT 

0POWft..~~~G£11FTcg~L 

Of!OmRC!IAFf 

\VlATlON'IIroHNICIAN 

. OG~ 

OLIGI!TER-"ft/AN.AIR IJAJASHIP IJIJALLCC~ 

lROUNO INSl!UJCTOR 

OPOWE!li!D.LIPT 

' !JGI BASIC 1J Gl ADVAN~W tl Gl INSllWmlf 

Cl OTHEII f!ATINGS (Sp"il!) 
10-26-' 16 14: 09 FROM-~.MES RESEARCH a 5033642380 T-419 P0053/0062 F-461 

)Conroy, Malty t:r (fAA) 

Ftam: 

Sent: 

Tel: 

Ce: 

subject: 

Mr. Ames CUrtright: 

I do have a photograph ofthe airworthiness tertlffcate, alld I do not need anotner. 

Pleli!~ ~';{i~~J]lf! ~~~mat I can in~)ledt~i!'aTrciiift.~fif}ti!i'iilit'ce~n'il'illffiairiWenliriiinaflite\Y~i\Ce'iO&fdoi!R~ Thank'fb~: ·· · · 

-Original Mes$a&e---

From: W'illliiWtAmes;!lurtrlglrt: (ma11io:am§s~Wamesresgarch.comi 

Sent: Mflilll~1!~1)7;!1D14l~7 AM 

To: Conroy, M~rty G (fAA) 

Subject: N949JP Information 

Marty, 

Please see atta,ned. As you might recall you took a _plc!J!re oftlre aif-worthlness certificate when you came out, want 

me to take another picture for yell,l7lt that was tap~dln the oodplt on the wa.ll. 

Airworthiness~ Wet damagetlreordered fresh one. Bl·Annual copy from rag. 

I provided a medical certificate to you atthe time, and I have a fresh New Medical exam lastweek. 

fulst or Documents ar-enortll!n:ar~ada lofll!,WIJI li~i!d iOme'tlmeW~Hfi~m~ 

My traveli'ng~ti)fe is il iilt'd't\\l!ipati furli bit'. f'Will \lOt 'De 'ilVaililbll! the'rearottHisweek 

I feel sad for the People that were lostattbe coast. It's a hard Job, yo.ur Job. The pain yQuSee I cannot lma&lne. Tbanks 

for your s~:rvice and for your p~st service in :tM military. 

As 1 stood on my hlll on the fourth Of July watching the explosions offlreworMfrom all sldes.ltremlnded me of VIet 

Nam of Shells going off, of cannen file, and the rolling ·thund~r o.f Armageddon. 

It was different for me that night, it gave me ti!Oughts of what was to come lfwe do not change tbe course of our 

country. 

Good luck to you and God blessings . 

. Ames 

1 

I. 

' 
10-26-'16 14·09 FROM-AMES RESEARCH 5033642380 T-419 P0054/0062 F-461 

.. ·--·-···-----------·-~-~----- - .. . \''.'. 

Col'lrgy. M:ytx G (FAA) 

Ffolll: 

Sent: 

To: 

Sllbjllct: 

Attaehments: 

To:FM 

It Was a pleasure to meet yc!u at Ariles Rant.IJ, 

!:~~~~~~~~;~,W~~~ j~J'i~,,-~~~~~~~~~~~;~;J~~~~~ve~r, bu~asvou 

1. have ·been very busy with the .patriotic event 1 had t http•l/ft.;!therli!J94!1e.eagles,l!lmll; now that it Is over, f have had a 

little llil; m'Qrl! time. Keeping Amerllla safe for dernocfl!CV· Seem us we are goJngto have~ to cantlrure>Our batt!£! fur 

freedom Will never end. The SilCrlfice of our brothers, who died, we must notforgE.t. Titus 1ve continue for them. U 

Tubesare qn lfne. Worth watclring. · 

Wormestand best, 

Dr. W. Ames Curtri~ht DBA 

Office, 503-58&.7900 

cell, so3-209·73BB 

... ~ -- ·' -·~· _____ , .. --- --~---- -· . 

l 

' 

i : \. 
• 

• 

10-26-'16 14.10 FROM-AMES RESEARCH 

.. 

.,. 

. ···~·~·"·~~---· ·-··----- -- ·--~«----. --·- .. 

5033642380 T-419 P0055/0062 F-461 

. ,' 
.,_ 

10-26-'16 14:10 FROM-AMES RESEARCH 5033642380 T-419 P0056/0062 F-461 

'. --- . ., '_ .... '"' 

I 

Memorandum 

To: William Ames Ct?(rig/lt 

Froth: Ben W. Davidson 

Date: 812612014 

Re: Ann!lal lmpectfonN949JF 

JM 

Thi$ .letter fs .to l!erf}Y tfiflt 1 campleted an A.nn!laf .ectirm. on N9.49JP 

.llPA.-1~ onSept~ber 23"'. '2013. Atthatiittie.Jf!11!'11Jedyauwith 

a dipcrept~noyllst:th(lt included orz '*P-'fr.e.d ballllt} /tl y!Hll' El.'fthtd 

requited replacement 

If ne(!(/j'urther ~sistmwe, please dQ. not hesifo!~ to calf tttl}Jtiilie before 

9/1111 (ll'l}'day. (541) 49().6980. 

($-_tpcfJ_J 

Ben W. Dav~dso» 

A&P1855347IA 

1 

--- ~ - ·-····-·w---~ ··-·-"" ·- __ ..., ____ , ____ -' . 
10-26-'16 14:10 FROM-AMES RESEARCH 5033642380 

William A. Curtright 

Respondent 

PO Box 1350 

Jefferson, OR 97352 

Telephone: (503) 209-7388 

Fax: (503) 485-0812 

In The Matter Of: 

UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

T-419 P0057/0062 F-461 

Docket No. FAA-2015-1319 

WILLIAM A. CURTRIGHT, DBA 

Case No. 2014NM090046 

Respondent 

Judge J.E. Sullivan 

REQUEST FOR A RULING ON MOTION AND MEMORANDUM FOR SUMMARY JUDGMENT 

COMES NOW Respondent, William A Curtright, DBA respectfttlly requests for a ruling tmder 

Federal Rules of Civil Procedure 78(b) on Respondents Motion and Memorandnm for Summary 

Judgment against Complaint of FAA Administrator Michael P. Huerta, Administrator, Federal 

Aviation Administration (the "Administrator" or Complainant") in the above referenced Case. 

Respectfully submitted thisdl~~Y of October 2016 

Dr. Wm Ames Curtright, DBA 

RESPONDENT'S REQUEST FOR A HEARING 

ON MOTION AND MEMORANDUM FOR SUMMARY JUDGMENT 

Docket No. FAA-2015·1319 

Case No. 2014NM0046 

Page 1 

William A. Curtright,OBA 

Respondent 

Telephone: (503)209·7388 

Fax (503)485·0812 
10-26-' 16 14 11 FROM-AMES RESEARCH 5033642380 T-419 P0058/0062 F-461 

Docket No. FAA-2015-1319 

(Civil Penalty Action) 

SERVICE LIST- BY U.S. MAIL 

ORIGINAL & ONE COPY 

Federal Aviation Administration (Fax and Certified First Class Mail) 

Attn: Hearing Docket Clerk, AGC-430 

800 Independence Avenue SW 

Washington, DC 20591 

Wilbur Wright Building, Suite 2W1000 

Fax: (202) 267-1293 

ONE COPY 

Judge J.E. Sullivan (Fax, Email, and Certified First Class Mail) 

U.S. Administrative Law Judge 

Office of Hearings, M-20 

U.S. Depa1tment of Transportation 

1200 New Jersey Avenue, SE (Ell-310) 

Washington, DC 20590 

TEL: 202-366-6941 

FAX: 202-366-7536 

David F. Shayne, FAA Attorney (Fax, Email, and Ce1tified First Class Mail) 

Complainant's Cotmsel 

Northwest Mountain Region, ANM-7 

Federal Aviation Administration 

1601 Lind Ave. SW 

Renton, W A 98057 

TEL: 425-227-1847 

ReSPONDENT'S REQUEST FOR A HeARING 

ON MOTION AND MEMORANDUM FOR SUMMARY JUDGMENT 

Docket No. FAA-2015-1319 

Case No. 20l4NM0046 

Page 2 

William A. Curtright,DBA 

Respondent 

Telephone: (503)209,7383 

Fax (503)485-0812 
10-26-'16 14:11 FROM-AMES RESEARCH 5033642380 

In The Matter of: 

UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

T-419 P0059/0062 F-461 

Docket No. FAA-2015-1319 

WILLIAM A. CURTRIGHT, DBA 

Case No. 2014NM090046 

Respondent 

Judge J.E. Sullivan 

ORDER GRANTING RESPONDENT'S REQUEST FOR A RULING ON RESPONDENTS 

MOTION AND MEMORANDUM FOR SUMMARY JUDGMENT 

IT IS HEREBY ORDERED: 

That Respondents request for a Ruling pursuant to Federal Rules of Civil Procedure 78(b) on 

Respondents Motion and Memorandum For summary Judgment is herein granted. 

I, Judge J.E. Sullivan, grant Respondents request for a Hearing on Respondents Motion and 

Memorandum for Summary Judgment. 

dated this __ day of ______ _, 2016. 

Judge J.E. Sullivan 

U.S. Administrative Law Judge 
10-26-'16 14:12 FROM-AMES RESEARCH 5033642380 T-419 P0060/0062 F-461 

Docket No. FAA-2015-1319 

(Civil Penalty Action) 

SERVICE LIST- BY U.S. MAIL 

ORIGINAL & ONE COPY 

Federal Aviation Administration (Fax and Certified First Class Mail) 

Attn: Hearing Docket Clerk, AGC-430 

800 Independence Avenue SW 

Washington, DC 20591 

Wilbur Wright Building, Suite 2Wl 000 

Fax: (202) 267-1293 

ONE COPY 

Judge J.E. Sullivan (Fax, Email, and Ce1tified First Class Mail) 

U.S. Administrative Law Judge 

Office of Hearings, M-20 

U.S. Department ofTranspmiation 

1200 New Jersey Avenue, SE (El1-310) 

Washington, DC 20590 

TEL: 202-366-6941 

FAX: 202-366-7536 

David F. Shayne, FAA Attorney (Fax, Email, and Certified First Class Mail) 

Complainant's Counsel 

Northwest Mountain Region, ANM-7 

Federal Aviation Administration 

1601 Lind Ave. SW 

Renton, W A 98057 

TEL: 425-227-1847 
10-26-'16 14:12 FROM-AMES RESEARCH 5033642380 

In The Matter of: 

UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

T-419 P0061/0062 F-461 

Docket No. FAA-2015-1319 

WILLIAM A. CURTRIGHT,DBA 

case No, 2014N M090046 

Respondent 

Judge J.E. Sullivan 

ORDER GRANTING RICSPONDENT'S MOTION FOR SUMMARY JUDGMENT 

IT IS Hf:RWY ORDERED: 

That Respondents Motion For summary Judgment is herein granted in its entirety, with prejudice. 

I, Judge J.E. Sullivan, grant Respondents' Motion for Summary Judgment in its entirety, with prejudice. 

dated this __ day of------~ 2016, 

Judge J.E. Sullivan 

u.s. Administrative Law Judge 

Attachment: Service List 

Pagel of 1 ORDER GRANTING RESPONDENT'S MOTION FOR SUMMARY JUDGMENT 

Docket No. FAA-2015-1319 

Case No. 20l4NM0046 

William A. Curtright,DBA 

Respondent 

Telephone: (503)209-7388 

Fax (503)485-0812 
10-26-'16 14:13 FROM-AMES RESEARCH 5033642380 T-419 P0062/0062 F-461 

Docket No. FAA-2015-1319 

(Civil Penalty Action) 

SERVICE LIST- BY U.S. MAIL 

ORIGINAL & ONE COPY 

Federal Aviation Administration (Fax and Certified First Class Mail) 

Attn: Hearing Docket Clerk, AGC-430 

800 Independence Avenue SW 

Washington, DC 20591 

Wilbur Wright Building, Suite 2W1000 

Fax: (202) 267-1293 

ONE COPY 

Judge J.E. Sullivan (Fax, Email, and Certified First Class Mail) 

U.S. Administrative Law Judge 

Office of Hearings, M-20 

U.S. Depmtment of Transportation 

1200 New Jersey Avenue, SE (Ell~310) 

Washington, DC 20590 

TEL: 202-366-6941 

FAX: 202-366-7536 

David F. Shayne, FAA Attorney (Fax, Email, and Certified First Class Mail) 

Complainant's Counsel 

Northwest Mountain Region, ANM-7 

Federal Aviation Administration 

1601 Lind Ave. SW 

Renton, WA 98057 

TEL: 425~227~1847 

Page2 of 1 ORDER GRANTING RESPONDENT'S MDTION FOR SUMMARY JUDGMENT 

Docket No. FAA-2015-13~9 

Case No. 2014NM0046 

William A. Curtright, DBA 

Respondent 

Telophone: (503) 209-7388 

Fax (503)485-0812