RECEIVED 

12-138 

SEP 2 9 2015 

U.S. DEPARTMENT OF TRANSPORTATION HEARING DOCKET 

OFFICE OF HEARINGS ' 

FEDERAL AVIATION ADMINISTRATION 

FEDERAL AVIATION ADMINISTRATION, Docket No.: FAA-2014-0807 

Complainant, FAA Case No. 201180190272 

vs. Judge: J.E. Sullivan 

PAZ AVIATION, INC., Location of Hearing: Miami, FL 

Respondent. 

ANSWER AND AFFIRMATIVE DEFENSES 

TO AMENDED COMPLAINT 

Respondent, by and through its undersigned counsel, responds to the 

Administrator's Amended Complaint as follows: 

I. 

Admitted. 

1. 

2. 

3. 

4. 

5. 

6. 

7. 

8. 

9. 

II. 

Admitted. 

Admitted. 

Admitted. 

Admitted. 

Denied. 

Denied. 

Denied. 

Denied. 

Denied. 

McDONALD & McDONALD. P.A., P. O. Box 669122, Miami, FL 33166-9428 

TEL: (305) 643-5313, FAX: (305) 643-4990; E-MAIL: dmm@Mcdonaldattomeys.com 
Docket No.: FAA-2014-0807 

10. Denied. 

11. Denied. 

12. Denied. 

III. 

13. Paragraph 13, including all sub-parts, denied. 

14. Any allegations not specifically admitted herein are hereby specifically 

denied. 

AFFIRMATIVE DEFENSES 

1. For its First Affirmative Defense, Respondent alleges that the time it 

performed the services described in the Administrator's Amended Complaint, that 

Respondent had on hand the required technical data, appropriate tooling and/or 

equivalent tooling, appropriate equipment and/or equivalent equipment, and sufficient 

facilities with which to perform the services. 

2. For its Second Affirmative Defense, Respondent alleges that the tooling 

and/or equipment was equivalent to that recommended by the manufacturer of the items 

being serviced. 

3. For its Third Affirmative Defense, Respondent alleges that once it learned 

of the alleged discrepancy, it recalled all of the units listed in the Administrator's 

Amended Complaint and that the returned units were then serviced by a third party at 

Respondent's expense and none of the recalled units were found to be defective. 

4. For its Fourth Affirmative Defense, Respondent alleges that the units it 

serviced and which are the subject of the Administrator's Amended Complaint were 

serviced between July 2009 through April of 2011; that the F ARs only require 

2 

McDONALD & McDONALD. P.A., P. 0. Box 669122, IVliami, FL 33166~9428 

TEL.: (305) 643-5313. FAX: (305) 643-4990; E-MATL: dmm@Mcdonaldattorneys.com 
Docket No.: F AA-2014-0807 

Respondent to maintain its records of service for 2 years; that the Administrator !mew of 

these events years ago, but failed to timely bring this action; and, as a result of the 

Administrator's delay, Respondent has been prejudiced from the loss of witnesses, loss of 

records, and or loss of witnesses' memory of the events. Based upon the foregoing, the 

Administrator's claim should be estopped from bring this action. 

Respondent, PAZ AVIATION, INC., reserves the right to amend this Answer and 

Affirmative Defenses based upon further investigation and/or discovery. 

Respectfully submitted, 

McDONALD & McDONALD 

CERTIFICATE OF SERVICE 

I HEREBY certify that the original and one copy of the foregoing was faxed and 

mailed via FedEx to the Hearing Docket Clerk with copies via fax and mail to the Hon. 

J.E. Sullivan and William Vines, Esq. this 28th day of September, 2015 as follows: 

Hon. J.E. Sullivan, Administrative Law Judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

1200 New Jersey Avenue, S.E. (El l-310) 

Washington, DC 20590 

202-366-6941 

202-366-7536 - fax 

Hearing Docket Clerk, AGC-430 

Federal Aviation Administration 

600 Independence Avenue, S.W. 

Wilbur Wright Building - Suite 2Wl 000 

Washington, DC 20591 

404-305-5223 - fax 

3 

( original + 1 copy) 

McDONALD & McDONALD. P.A., P. 0. Box 669122, Miami, FL 33166-9428 

TEL.: (305) 643-5313, FAX: (305) 643-4990; E-MAIL: drnm@Mcdonaldattorneys.com 
William Vines, Attorney 

Federal Aviation Administration 

Office of the Regional Counsel, AS0-7 

Southern Region 

1701 Columbia A venue 

College Park, GA 30337 

404 305-5200 - tel. 

404 305-5223 - fax 

Complainant's Counsel 

Paz Aviation, Inc. 

c/o Jay Allen, President 

7455 W 2°d Court 

Hialeah, FL 33014-4301 

Respondent 

g:Apps\2012\12138\A&AD Amended Complaint 

4 

Docket No.: F AA-2014-0807 

McDONALD & McDONALD, P.A. 

Attorneys for Respondent 

PO Box 669122 

Miami, FL 33166-9428 

(305) 643-5313 

(305) 643-4990 - fax 

dmrn@Mcdonaldattorneys.com 

BG~\,:,μy(tf°-Vkkna,,JV - avid M. McDonald 

Fla. Bar No. 0844380 

McDONALD & McDONALD. P.A., P. 0. Box 669122, Miami, FL33166~9428 

TEL.: (305) 643-5313, FAX: (305) 643-4990; E-MAIL: dmm@Mcdonaldattorneys.com